Loading...
HomeMy WebLinkAbout0122 CHURCH STREET a r n O � zc c 0 Ln� 9 7 F,p 1N3�N� i b ;:' ;; ., _' I .'� `t - � / �� � % e. . � o i i i � a .., ,; it } y} �V I i e .. ;I `t i _. —. Message Page 1 of 1 Anderson, Robin From: Karle, Darcy Sent: Monday, May 11, 2015 1:05 PM To: Anderson, Robin Subject: storage of landscaping equipment. map 153 parcel 018 Hi Robin, Mr. Richard Hatfield, property owner of an undeveloped lot at 122 Church Street, West Barnstable map 153 parcel 018 is still storing landscaping equipment after being advised to remove said equipment. You and I discussed this back in January. It is hiding behind an earthen berm. We issued an enforcement order back on Jan. 29, 2015. to remove small backhoe, trailers and other debris out of conservation jurisdiction. There seems to be additional equipment there today. He has ignored me, but at least did retain Down Cape to flag the wetlands, 50 buffer and 100' buffer. I left a voice mail message at 508-420-1620. 1 also left a message with Dan Ojala who is working on a plan I explained that even if they moved the equipment out of our 100' buffer, I believe there is still a zoning issue, and I would be letting you know of this possible zoning violation. thanks! oh he doesn't seem to like to pick up certified mail. Try mailing regular mail to 48 Hitching Post Lane, Centerville also a copy to 101 Windshore Drive Hyannis, Ck' Ls -,/h C— 5/12/2015 VJ i own of narnstaaie Regulatory Services �oEZHe t° Richard V.Scali,Director Building Division • r anaxsTna Tom Perry,Building Commissioner 9�A &a�. a�e� 200 Main Street, Hyannis,MA 02601 rF0 MA'S Office: 508-862-403 8 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Richard M. Hatfield and all persons having notice of this order. As owner/occupant of the premises/structure located at 122 Church St,W Barnstable,Ma Map 153 Parcel 018,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,May 20,2015 , to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: I Chapter 240 Section 14 (A) 1 RF Residential Zone-Single Family Zone 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Storage and/or staging of landscape%onstruction equipment and all associated activities on vacant residential lot.Also prohibited: employee gathering and on site parking,stockpiling and storage of organic material and any and all landscape or construction items typical of the industry and used for commercial purposes. Remedy: Remove and relocate all equipment and vehicles to an appropriately zoned commercial location. Failure to comply may result in non-criminal citations. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. qder, � l.�YvL Robin .Anders Zoning Enforcement Officer Q/FORMS/viozonel i i UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 Sender: Please print your name, address, and ZIP+4®in this box* TOWN OF BARNSTABLE BUILDING DIVISION. 200 MAIN ST. HYANNIS, MA 02601 = SENDER: . .N COMPLETE,THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No )t. 4 K,cc e 1 � � foeo--1- I� 63(p 3 D 3. ervice Type Certified Mail® ❑Priority Mail Express- ❑Registered rA Return Receipt for Merchandise ❑ Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number� . 014 1200 0001 0358 5.029 • (transfer from service/abed PS Form 3811,July 2013 Domestic Return Receipt 200 Main Street U.S.POSTAGE>>PiTNEYBOWES Hyannis, MA 02601 ZIP 02601 $ 006.48' 02 11N 1200 0001 0358 5029 0001383424MAY. 20. 2015 kj ' UISIAI© _ Richard M. Hatfield 48 Hitching Post Lane 97 :01 Centerville, MA 02632 NIXIE• 015 . FE 1009.E 0005 /26/15 RETURN TO SENDER ATTEMPTED — NOT KNOWN LINABLE TO FORWARD r^r• ;r:' .y—_'6wL`:b BC: 82601400200 *Z7Z2 -0.1346-20-42 - 0260144002 �IIIII'�IIIIII�III�III�IIII�II�II��iIII I II'IIIIIIII'IIII'III.I,J �, � - � �. i ! ! 6 '� .. . �L _� � . i �_ r - - - ._..,,, Cetd 1VVVU V1 -"alJUbLUUM Regulatory Services ( Op THE tp� Richard V. Scali,Director C�e"1'/ Building Division saaxsrnsI.e. Tom Perry,Building Commissioner MASS1 . ��� 200 Main Street, Hyannis,MA 02601 ATFD��A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Richard M. Hatfield and all persons having notice of this order. As owner/occupant of the premises/structure located at 122 Church St,W Barnstable,Ma Map 153 Parcel 018,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,May 20,2015 to: i 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above street _ - ---- -------__ - A 02601 Richard M. Hatfield 101 Windshore Drive Hyannis, AM 02601 iin Street s, MA 02601 Richard M. Hatfield 48 Hitching Post Lane Centerville, MA 02632 i 1 UW11 U1 "4111NLUUM Regulatory Services �oFtHe rots Richard V.Scali,Director yP ~� Building Division w saxNsTas , ' Tom Perry,Building Commissioner Mass. 9�A i639• ��� 200 Main Street, Hyannis,MA 02601 lE'O N1A'�A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Richard M. Hatfield and all persons having notice of this order. As owner/occupant of the premises/structure located at 122 Church St,W Barnstable,Ma Map 153 Parcel 018,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,May 20,2015 , to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 14 (A) 1 RF Residential Zone-Single Family Zone 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Storage and/or staging of landscape%onstruction equipment and all associated activities on vacant residential lot.Also prohibited:employee gathering and on site parking, stockpiling and storage of organic material and any and all landscape or construction items typical of the industry and used for commercial purposes. Remedy: Remove and relocate all equipment and vehicles to an appropriately zoned commercial location. Failure to comply may result in non-criminal citations. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. der, Robin .Anders Zoning Enforcement Officer Q/FORMS/viozonel - l ��t►,I:rti Town of Barnstable Regulatory Services f + ■MI NS'17ABLE v MAW. Thomas F. Geiler, Director i639• ♦0 '°tED Myr' Conservation Division Robert W. Gatewood,Administrator 200 Main Street, Hyannis, MA 02601 E-mail:conservation(a�town.bamstable.ma.us Office: 508-862-4093 Fax: 508-778-2412 Date: January 29, 2015 Name: Richard M Hatfield Add.: 101 Windshore Drive Hyannis"MA 02601 RE: Enforcement Order#V102015003 Dear Mr.Richard Hatfield: The enclosed enforcement order, issued to you, will be discussed and voted upon by the Barnstable Conservation Commission at a hearing to be held on Tuesday, February 24, 2015 at 8:30 a.m. at the Barnstable Town Hall, 2nd floor ® Hearing Room n Selectmen's �i fL, ':• a': 1'1,Ag, NAME OF OFFENDER + ,•... ',� f q• It AR 88912� . r ;t, �{ I TOWN_ OF ADDRESS OF OFFENDER BARNSTABLE CITY,STATE.ZIP CODE 4; a U 7,(6 �' ,� . 111EMy i, R MV/MB REGISTRATI N UMBER i t .J'f+ OFFENSE L HAR\.TARLE. ' CL „Ass s c �' S CFO/Ald '}`. J ` �. G 'P d I/ e-W• r,..il t A Gvl ,.,v i. �Ur /►ur J z TIM ;AND DATE OF VIOLATION LOCATION OF VIOLATION - f �-• ENO ICE OF �:F .�,'ir (A.M. .M. ON ✓ 20 a'JJ c' 5110, w SIGNATURE OF ENF RRC EN RCING DEPT. l BADGE NO. LU VIOLATION r'� D Co' OF TOWN I EREBY AcKNANI EDGE R EIPT OF CITATION X a ORDINANCE Unable to obtain sig ature of (fender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS i • OR Date mailed w �^ YOU HAVE THE FOLLOWI G ALTE TIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1).OR OPTION(2)'WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Lu "REGULATION (1)You may elect to pay the above fine,either by.appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W ( f, before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to BemstalNe Clerk,P.O.Box 2430, l Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL F ' (2 Uyou desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST $ NSTABLE DIVISION_,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and,enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. wpfile ' ❑ I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of b signature Massachusetts Department of Environmental Protection DEP File Number. �1MFTgy� Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order ( UrS.A.BLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 t6J9.' §237-1 TO § 237-14 TOWN OF BARNSTABLE CODE ED MP'� A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Barnstable January 29, 2015 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Richard M Hatfield return key. Name of Violator 48 Hitching Post Lane, Centerville, MA mail to: 101 Windshore Drive, Hyannis MA 02601 Address 1. Location of Violation: Property Owner(if different) 122 Church Street Street Address West Barnstable City/Town Zip Code 153 018 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Alteration of a 100' buffer zone from a shrub swamp by clearing vegetation for storage of equipment. . B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act(M.G.L•. c. 131, §40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the C buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc-rev.7114104 Page 1 of 4 1 Massachusetts Department of Environmental Protection DEP File Number: �IKEr, Bureau of Resource Protection -Wetlands ; WPA Form 9 — Enforcement Order ' B"HAS&��' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i639 §237-1 TO § 237-14 TOWN OF BARNSTABLE CODE prED MpY� B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval (i.e.,.valid Order of Conditions or Negative Determination of Applicability)issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other(specify): C. Order The issuing authority hereby orders the following(check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc•rev.7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: dfrTMET Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order ( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i639.•`° §237-1 TO §237-14 TOWN OF BARNSTABLE CODE ED MP'� C. Order (cont.) ❑ Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls)to prevent further violations of the Act: Property owner shall submit 7 copies of an engineered exisiting conditions plan by Febuary 27, 2015 to the Conservation Division. The plan shall idenify edge of wetlands on the abutting parcel, edge of clearing; landscaped berm and 50'and 100'setbacks. Once the plan is submitted a second enfocement order maybe issued to list the steps to bring the property back into compliance and deadline dates through either filing, a Notice of Intent,with after the fact filing fees or replanting with a enforcement order response plan with fees. Remove backhoe, trailers, and debris from within buffer t zone. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides:"Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Darcy Karle Name 508-862-4041 Phone Number M-F 8:00 am -4:30 pm Hours/Days Available Issued by: Barnstable Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc•rev.7/14104 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: �IKEro Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order ( 9 B Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Q�pr 16 9•' §237-1 TO §237-14 TOWN OF BARNSTABLE CODE ED MPS D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: Signature of delivery person or certified mail number l I ' wpaform9a.doc-rev.7/14/04 Page 4 of 4