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Home My WebLink About0138 OST.-W.BARN. RDHl^ The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,HyannisMA 02601 Office:508-790-6227 Ralph M.Crossen Fax:508-790-6230 Building Commissioner August 26,1997 Jolin Vieira 140 OstervilleAVest Bamstable Road Osterville,MA 02655 Re:Mountain Green Landscape Service. Dear Mr.Vieira, Pursuant totheCourt decision dated 12/9/96,we are contacting you to come tothe Zoning Board ofAppeals on October 22,1997 to satisfy die Court requirement as far as clarifying the uses on your site. Tlie Court said,"to die extent it is necessary to determine whether any of the PlaintifFs activities exceed the scope ofa horticultural business,the case is remanded to the Board for further proceedings and findings consistent widi die order." It is our intention to ask you or your representative to list all of your activities on site and tojustify each as eidier being,in your opinion,exempt under the horticultural exemption of something other than that We intend on commenting on each asto whether ornot we agree with you and may provide testimony and evidence in support ofour positions.You are encouraged to do so as well. We hope to come to a list of all allowable activities for you at that location so that this case can be disposed ofonceandfor all. Sincerely, Ralph Crossen Building Commissioner cc Planning Department Town Attorney The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 //y•«>/ Office:508-790-6227 Fax:508-790-6230 Ralph M.Crossen Building Commissioner September 18,1997 Jolm Vieira 140 Osterville/West Barnstable Road Osterville,MA 02655 Re:Mountain Green Landscape Service. Dear Mr.Vieira, Pursuant to tlie Court decision dated 12/9/96,we are contacting you to come to die Tuning Board of Appeals on October 22,1997 to satisfy die Court requirement as far as clarifying the uses on your site. Tlie Court said,"to the extentitis necessary to determinewhetheranyof die PlaintilFs activities exceed die scope of a horticultural business,die case is remanded to tlie Board for further proceedings and lindings consistent widi the order." Itisour intention to ask you or your representative to list all of your activities on site andto justify each as eidier being,in your opinion,exempt under die horticultural exemption of somediing odier diaii diat We intend on commenting oneachasto whether ornot we agree widi you and may provide testimony and evidence in support ofour positions.You are encouraged todo soas well. We hope to come to a list of all allowable activities for you at that location so diat diis case can be disposed of once and for all. Sincerely, Ralph Crossen Building Commissioner cc Planning Department Town Attorney CERTIHED MAIL p 339 592 402 RRR Crossen Ralph From:Smith Robert To:Crossen Ralph Cc:Gillis Jack;Lavoie Debbra Subject:Vieira Date:Thursday,September 11,1997 3:34PM It is my understanding that,pursuant to Judge Lombardi's decision,the ZBA has scheduled time at its October 22, 1997 session to hear the remand on this case to decide what activities Mr.Vieira may continue to carry on as being appropriately within the scope of horticultureand agriculture,and those which are forbidden to him as being part of lawnmowing services or landscape contracting. The building commissioner's officeand health,safety and environmental services will secure the services of one or preferably two expert witnesses:1)an articulate person with a substantial background (experience)and education in landscape contracting;2) a person with substantial background (if possible,running a business in) and education in agriculture and/or horticulture. Ifwe can get both, that would be better.His,her or their function would be to specifically consider activities and features which are carried on and maintained, respectively, in agricultural/horticultural businesss and landscape contracting businesses,respectively.Just as an example,I would expectthatwe would likely hear from the expert(s)thatit is customary in landscape contracting to have the premises used as a pointof assembly for workers who are dispatched at the beginning of the workday to individual job-sites at residences and businesses,but that is not part ofa business which is essentially agricultural innature; that limited amounts of loam and fertilizerwould customarily be stored on the premises of an agricultural use for nurturing the plants grown on the premises,but that using the premises as a storage place for thesame type of materials prior to transhipment to job-sites is really landscape contracting;andso forth.Further distinctions would,of course,besuggestedbythe expert(s),upon being briefed that our objective is to fairly delineate what Mr.Vieira may do.Then,the Board of Appeals will be able to incorporate them into a decision subject to review by the Land Court. It is important thatwegetthe people quickly.If support isnecessarytogetthe money for this,I'll help,and I look forward to a co-operative effort that makes sense for everyone,including Vieira. Page 1 Crossen Ralph From: To: Subject: Date: Crossen Ralph Brigham Anna RE:Vieira case Friday,September 05,1997 7:29AM Hasn't come yet. From:Brigham Anna To:Crossen Ralph Subject:Vieira case Date:Thursday,August 28,1997 1:57PM Attorney Julie Moran of Barron and Statfield (Boston)will be faxing a proposal re:the above case.It was her opinion thatsomeresearchofthecase law,an opinion letter,andabout1 hour toappearatthe ZBA would be part ofthejobofthe limitations of horticultural use. She isa landuse Attorney and the law office isveryexperienced inzoningand has lotsofexperience with this issue. One ofthe partners was on the ZBA inNeedham formany years.Oh, and the officealso deals withthe zoning issue ofTOWERS! Are you happy now? Page 1 Crossen Ralph From:Brigham Anna To:Crossen Ralph Subject:Vieira Date:Wednesday,March 12,1997 9:16AM 1.Price for Hortlcultureai expert. Mass.Horticultural Society is 617-536-9280 MHS Gardenline is 617-893-0049 Cape Cod Extension Service Garden line is 508-362-4517 person I talked to is Roberta who works for Bill Clark (Director)her direct line is 508-362-2511.She suggested an expert would be Gene Gillisfrom heritage plantation or Wayne Tavares from Wet-Tech (consultant from Falmouth)477-2950. Mass.Agricultural Dept is 617-727-3000 2.Price for Zoning expert EOCD Don Schmit is Zoning Guru 617-727-7001 3.Private Detective prices Requested info from Jack Gillis but have not received any response.There is a list of private investigators in the phone book such as ASA PROTECTIVE cotuit 420-0738.NEW ENGLAND BUREAUOF INVESTIGATIONS Falmouth 1-800-339-0781. 4. Legal Opinion Called Mass.Bar Association at 617-338-0500 and they said they don't have listings that specific.Barnstable County Bar Association is 362-2121.Lawyer for CountiV Gardens is Richard Curley at 775-0346. This is as far as I've gotten. Page 1