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0038 MOCO ROAD
0 N 5MEA® ° No. 53L.OR UPC 125433 smead.eom • Made In USA Am *� Fl �rmtmimrmp O atOm gIPROGAAaA ' Town of Barnstable OF1ME Tph, Building Department 1�p o Brian Florence, CBO Building Commissioner BARNSTABLE ■ARNSTABLE, v� 1639: ,0$ 200 Main Street, Hyannis, MA 02601 uvsmxs s•csrzaiue•m:razrsIm I639-2014 .DIED MAC a www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 12/16/2019 Nancy Johnson PO Box 342 z Hyannis, MA 02601 ton ' _ O Subject:: 38 Moco Rd West Barnstable tin Dear Mrs Johnson, Aw On 12/05/2019 1 was called out on a complaint to the aforementioned address to inspel for safe .:;G violation regarding the plumbing and gas portions of the property. I was met by several other inspectors from our department. Staff from building,code compliance and electrical were all present. I conducted an inspection of the property and found several things of concern. The most pressing "unsafe" situation is the liquid propane supply piping in the basement. I noted several severe kinks in the piping. It's damaged to the point that in the event that a supply company were to manipulate the piping during a refill of the tank, it may cause a leak. This damaged piping is a clear violation of NFPA 54 section 7.2 (Piping Installation). The second violation is for an unpermitted water heater that was installed within the last 18 months according to the manufacture's serial numbers located on the heater. This violates CMR 248 (Massachusetts Plumbing Code) section 3:05 (Permits and inspections). Furthermore, this.IS a liquid propane fired water heater. There is no permit for the gas installation portion. An additional violation of NFPA 54 section 7.2 (Piping Installation) is noted to be the piping installation on this water heater. Finally, there is an outstanding open permit from 2012 for the direct vent wall heater in the basement bedroom area (Permit#G-2012-06926). Most concerning with this open permit is that the last inspection for this heater failed for a safety violation. This heater must be taken off line in order to prevent a hazardous situation. I am writing to make you aware of the serious issues that ultimately may cause harm to the occupants and or property. I also would like to advise you that a licensed Plumber/Gas fitter should be retained to file the necessary permits and correct the violations as noted. I have contacted the propane distributor who supplies the L.P. gas and explained the situation. Our department has the authority to demand that the gas be shut off for serious safety reasons. We are reluctant to pursue this at this time but we will if necessary and so I am asking for your cooperation in this matter first. I am granting an additional 24-48 hours to retain a Licensed Plumber/Gas fitter to file for the aforementioned permits and correct the violations. If these requests cannot be fulfilled I will have no other choice but to protect the occupants and have the gas supply shut off and locked out until the property is compliant Thanki d nce, Robert Duffy Ba b .Plumbing/Gas I spector. �, ° . � ` �`C�1� i -,/_�_��--__� �` i I . ^ !, � r ,� cL�� � �G�v G�� , � .l � ! -� _ --._ - �.__.____ - �T/1//� k --- - ., fryer �. � ♦� by�, M, it fA �. �. r � r• 1 •� � • '•ice ' .1f �• � � - • � !Si 1! • yIl s jA • ! '' f 1 _I it �, � ��� '� i 0 � 7 �. _ � i t+ f._� _' I I xr I .. �" }? � ' � �� � 1 �r� . I« a. �; ��� ,.t t x '� tv . _ E s ' J. f�� � S�, � � --` " �;. i ��• r . , ,' :.`. I'. '�l d -sc �� .: •- 4 r° U.S.POSTAGE>>PITNere0WES _ "'VA t . A I N S�� ZIP 02601 $ 000.500 '�` ' 0000336455DEC. 1.7. 2019. i I Nancy Johnson PO Box 342 Hyannis, MA 02601 on o a 7O s Town of Barnstable FINE Tp� Building Department do Brian Florence, CBO r Building Commissioner BARNSTABI,E w BARNSfABLE, flUlnsTl^.tE•GEM1'rFA`R:!E•CONR•M1f:sIs MASS. 200 Main Street, Hyannis, MA 02601 " "s' r^��'TM�rea 4—E 1639. �0 M9.2014 ATFD MAC A www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 12/16/2019 Nancy Johnson PO Box 342 Hyannis, MA 02601 Subject:: 38 Moco Rd West Barnstable Dear Mrs Johnson, On 12/05/2019 1 was called out on a complaint to the aforementioned address to inspect for safety violation regarding the plumbing and gas portions of the property. I was met by several other inspectors from our department. Staff from building, code compliance and electrical were all present. I conducted an inspection of the property and found several things of concern. The most pressing "unsafe" situation is the liquid propane supply piping in the basement. I noted several severe kinks in the piping. It's damaged to the point that in the event that a supply company were to manipulate the piping during a refill of the tank, it may cause a leak. This damaged piping is a clear violation of NFPA 54 section 7.2 (Piping Installation). The second violation is for an unpermitted water heater that was installed within the last 18 months according to the manufacture's serial numbers located on the heater. This violates CMR 248 (Massachusetts Plumbing Code) section 3.05 (Permits and inspections). Furthermore, this IS a liquid propane fired water heater. There is no permit for the gas installation portion. An additional violation of NFPA 54 section 7.2 (Piping Installation) is noted to be the piping installation on this water heater. Finally, there is an outstanding open permit from 2012 for the direct vent wall heater in the basement bedroom area (Permit#G-2012-06926). Most concerning with this open permit is that the last inspection for this heater failed for a safety violation. This heater must be taken off line in order to prevent a hazardous situation. I am writing to make you aware of the serious issues that ultimately may cause harm to the occupants and or property. I also would like to advise you that a licensed Plumber/Gas fitter should be retained to file the necessary permits and correct the violations as noted. I have contacted the propane distributor who supplies the L.P. gas and explained the situation. Our department has the authority to demand that the gas be shut off for serious safety reasons. We are reluctant to pursue this at this time but we will if necessary and so I am asking for your cooperation in this matter first. I am granting an additional 24-48 hours to retain a Licensed Plumber/Gas fitter to file for the aforementioned permits and correct the violations. If these requests cannot be fulfilled I will have no other choice but to protect the occupants and have the gas supply shut off and locked out until the property is compliant. Than you dvance, obert Duff Barnsta Plumbi s Inspector. L" 19 - � �. Complaints CaIlrReporf ' Pnntedor, 12/17/2019 "B '38� MOCO ROAD MEST�'BARNSTABLE M17P + Case Case#: C-19-887 Address: 38 MOCO ROAD,WEST Date: 12/17/2019 BARNSTABLE Owner Info: Property Info: BARNSTABLE SERIES FOUR MBL: LLC PO BOX 342 215-008 HYANNIS MA 02601 Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Plumbing, Gas High Priority Dept Referral Complaint Summary: No heat(oil-fired). Issue may have resulted from oil being installed into a tank that remained empty and dormant for a 1 year period. Action History: Action Taken Date Description Fee Inspector Inspector Assigned to Complaint: duffyr Filed by. andersor Comments: Comment Date Commenter Comment 12/17/2019 landersor Also making Health aware of no heat situation. I Town of-Barnstablef i t } Date 12/17/2019 SS q p 1HE TO -.--.— - _ Printed On: 1 2/1 61201 9 ` 1 Complaint CallReport 38 MOCO ROAD WEST,BARNSTABLE V �Al t -�p`000 FOMa+ Case# C-19-865 Case#: C-19-865 Address: 38 MOCO ROAD,WEST Date: 12/5/2019 BARNSTABLE Owner Info: Property Info: BARNSTABLE SERIES FOUR MBL: LLC -Nancy John PO BOX 342 215-008 HYANNIS MA 02601 Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Interior-Exterior Maintenance, Zoning, High Priority Dept Referral Building Code, Complaint Summary: Single family home operating as a 2-family in a SF zone. Tenant(mike Gravell -(74-454-3305) in lower level subletting from tenant on primary level (Phil Wallace). There is a pending criminal matter between the two parties. Mike installed an eye bolt lock on the door to the primary level. There is currently no heat (Oil) and there has not been any oil since last year. The hot water is heated by a propane heater installed without permits last year. A propane fired wall heater is installed in the living room of the lower level but has not been used - unsure of its status. Action History: Action Taken Date Description Fee Inspector Close Case 12/16/2019 Walk through unit with $0.00 bowerse Fire and health at occupants request. Home seems to be in Zoning Requirements There was outstanding Plumbing and Gas issued being handled on separate complaint Inspector Assigned to Complaint: bowerse Filed by. andersor Comments: Date: 12/16/2019 Town of Barnstable Printed On:12/16/2019 o Complaint Call Report 38 MOCO BROAD, WESTBARNSTABLE �foMA+e Case# C-19-865 Comment Date Commenter Comment 12/5/2019 andersor RA reported to site 12/5/19 with Ed Bowers, DC Paananen, Officer Gallant, James Parziale, and Robert Duffy. Unsafe gas piping and installations were noted, work without permits. Order letters to go out from Plumbing &Gas. Wallace contacted James and stated that oil would be delivered Tuesday morning and a tech would ensure that the unit fired properly. 12/6/2019 andersor Wallace reported to Health that New Colony Oil of WB would be delivering the oil Tuesday morning 12/10/19. i I Date: :12/16/2019 Town of Barnstable' Anderson, Robin From: Gallant,Therese <gallantt@barnstablepolice.com> Sent: Thursday, December 05, 2019 3:59 PM To: Anderson, Robin Subject: 38 Moco Road Hi Robin, As we previously discussed, I received a text from a tenant(Mike Gavell) located at 38 Moco Road yesterday afternoon advising me that a lock on a door had been removed allowing for access to his apartment. In a follow-up phone conversation, Mr. Gavell also reported that there was no heat in his apartment. Based upon that information, I thought it would be prudent to report this condition to you as we have entered the winter season here. Thank you again for your assistance with this matter. Therese Therese M. Gallant Barnstable Police Department Consumer Affairs Officer Office: 508-862-4667 Confidentiality Notice I This email message,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential, proprietary, legally privileged and/or CORI information.Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient or have received this email in error,immediately contact the sender by reply e-mail and destroy all copies of the original message.This email message may be monitored by the Barnstable Police Department. CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless-you recognize the sender's email address and know the content is safe! i i Town of Barnstable T'')y, Sj LE • Zoning Board of Appeals Decision and Notice Special Permit No. 2019-055—Still 19 't; a Section 240-92 (B) Nonconforming Buildings To allow the removal of the patio and the construction of two additions Summary: Granted with Conditions Applicant: John D. Still, Sr., as part owner of James S. Still et al Property Address: 104 Harvey Ave, Barnstable, MA Assessor's Map/Parcel: 319/104 Zoning: Residence F-1 (RF-1) Hearing Date: October 16, 2019 Recording Information: Deed Book:20033 Page: 326 Background John D. Still, Sr., as part owner of James S. Still et al, applied for a Special Permit in accordance with Section 240-92.6 — Nonconforming Buildings or Structures Used as a Single and Two-Family Residences. The Applicant proposed to convert the existing patio area into a 24 X 12 square foot addition for a kitchen. The addition will be constructed 10.6 feet from the rear property line where a 15 foot setback is required. The Applicant also requested relief from the bulk regulations in order to add an 8 X 12.7 square foot, three-season room to the westerly side of the existing structure 11.4 feet from the side yard property line where a 15 foot side yard setback is required. The subject property is located at 104 Harvey Avenue, Barnstable, MA as shown on Assessor's Map 319 as Parcel 104. It is located in the Residence F-1 (RF-1)Zoning District. The subject property is a .17 acre developed lot with frontage on Harvey Avenue in Barnstable Village near Barnstable Harbor. The subject lot is improved with one 4-bedroom dwelling, a patio and a shed. The principal dwelling is four-bedrooms, 2,040 gross floor area (1,416 square feet of living area), and was constructed in 1951. The lot is served by public water, gas, and sewer. Procedural & Hearing Summary Special Permit Application No. 2019-055 to allow the conversion of an existing patio to a kitchen and constrict an addition to the rear that will encroach into the fifteen (15) foot required rear yard setback was filed at the Town Clerk's office and the office of the Zoning Board of Appeals on August 28, 2019. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters and interested parties in accordance with MGL Chapter 40A. The hearing was opened on October 16, 2019 at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were David Hirsch, Herbert Bodensiek, Paul Pinard, Bob Twiss, and Jacob Dewey. Attorney Paul Tardif represented the Applicants before the Board. Attorney Tardif reviewed the proposed additions and the minimal encroachments into the setbacks. The rear addition will not be visible but the front addition will have no negative visual impact. He stated this dwelling is not located within the flood zone. Attorney Tardif presented a letter of support from Fred Hilton, an abutter at 114 Harvey Ave,which was read into the record. The Board Chair requested public comment. No testimony was taken. Findings of Fact At the hearing on October 16, 2019, the Board unanimously made the following findings of fact in Special Permit Application No. 2019-055, a request to convert the existing patio area into a 24 X 12 Town of Barnstable Zoning Board of Appeals-Decision and Notice Special Permit No. 2019-055-Still square foot addition for a kitchen that will be constructed 10.6 feet from the rear property line where a 15 foot setback is required and the Applicant is also requesting relief from the bulk regulations in order to add an 8 X 12.7 square foot, three-season room to the westerly side of the existing structure 11.4 feet from the side yard property line where a 15 foot side yard setback is required: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240-92 (B) Nonconforming buildings or structures used as a single- and two-family residences allows for alterations. 2. Site Plan Review is not required for single family residential dwellings. 3. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. The Board found that the rear encroachment is de minimus and the abutter is in full support. 4. Pursuant to Section 240-92 (B), the proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. The Board found that these additions will be an improvement to the area and not detrimental to the neighborhood. The vote to accept the findings was: AYE: David Hirsch, Herbert Bodensiek, Paul Pinard, Bob Twiss, and Jacob Dewey NAY: None Decision Based upon the findings a motion was duly made and seconded to grant the Applicant the relief being sought with the following conditions: 1. Special Permit No. 2019-055 is granted to John D. Still, Sr., as part owner of James S. Still et al to convert the existing patio area into a 24 X 12 square foot addition for a kitchen. The addition will be constructed 10.6 feet from the rear yard property line where a 15 foot setback is required. The Applicant is also requesting relief from the bulk regulations in order to add an 8 X 12.7 square foot, three-season room to the westerly side of the existing structure 11.4 feet from the side yard property line where a 15 foot side yard setback is required at 104 Harvey Avenue, Bam�table, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled "Plan of Land showing proposed addition #104 Harvey Lane, Barnstable, MA" prepared by Outermost Land Survey, Inc. dated August 13, 2019 and design plans by Donald I. Meyer dated July 20, 2019. 3. The proposed redevelopment shall represent full build-out of the lot. Further alteration or expansion of the dwelling or construction of additional accessory structures is prohibited without prior approval from the Board. 4. All mechanical equipment associated with the dwellings (air conditioners, electric generators, etc.)shall be screened from neighboring homes and the public right-of-way. 5. The Decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to issuance building permit. The rights authorized by this special permit must be exercised within two years, unless extended. The vote was: 2 Town of Barnstable Zoning Board of Appeals-Decision and Notice Special Permit No.2019-055-Still AYE: David Hirsch, Herbert Bodensiek, Paul Pinard, Bob Twiss, and Jacob Dewey NAY: None Ordered Special Permit No. 2019-055 to convert the existing patio area into a 24 X 12 square foot addition for a kitchen that will be constructed 10.6 feet from the rear property line where a 15 foot setback is required and the Applicant is also requesting relief from the bulk regulations in order to add an 8 X 12.7 square foot, three-season room to the westerly side of the existing structure 11.4 feet from the side yard property line where a 15 foot side yard setback is required at 104 Harvey Avenue, Barnstable, MA has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within two years unless extended. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. Herbert Bodensiek, Clerk Date Signed I, Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the off''iclle of the Town Clerk. Signed and sealed this G day of N0V d _� under the pains and penalties of perjury. Ann Quirk, Town Clerk 3 ac tac�X� Patriot Proof of Publication Publication Date ..s��. il.li �' ••1- :it ' Town'ofBamstable`` j`'t'~'"~ iownnf8amstable" - e`,: .e •r4`. ZoninpHoardofAppeafs. •.,- , '. :'f .3 ..�Zohinp8oardgf4peats 11Rf4 U. o1.Poblic Hearings Under!t o Zoning Ordinance Noce of Pobtic Hearings underage Zonrgp Ordinance Ocfobert8,20t9 ' r :r�rL ?r - Ocioben16,201g� > Ll To all persons ,I In or affect,l by tba gns of the Zoning To,all persons rrnerested,in or affected by the e�le�qs of the Zonirillg l ' Board of0.ppeals,yop'are hareby'noUti.0 purse.nt to 'Secfi 11 of - Board of Appeals,you ara hereby notitietl,p"ursuz a@b'Section 1 i %,eri40A?ol the Gerieral!Laws of llo Commonweahh;of'Massa- @hapler 40A;o1 the.Cenend Laws of the:Common of Massa- Chileett5,and all sm.fronts tharato,that a Dublic,hearirip on the chusetts,and all amendmerrts thereto,that a pufilEc.hearing op.the' follow ng appeals will he held'mn Wednesday,October-1116 2019;at iNloviinp appoafs will be keld'on Wicn isbay,.Octobarl6;2019;at the time indicated: . r the time,indicated: 1:00PM, AppeaN0,019.055{ti-. Galiapher/Pothiger,r,Ji; ;,7i00PM,.Appealryo9t9455 Galiadher/Potteiger',N Jason Priest Potteiper et al,_Faith Pdest,Patterper;Tiust and Ann Jason Priest Potteiger et-al Faith Priest Pottelifor Trust,and Ann Made Galtepher are petition(ng for a Vari'A ca.'Pursuerd;to Section Mane"Gallagher are petitioning for a Variance pursuant to Section 240-13.E Buik.Regu!atiogs in the Residenca;C(RC)Zoning District 240.13:E-.;Bulk Regulations.to the Residence C(RC)Zoning District t " and Secgon 240-35.D-Resource Profecdon'Overlaay District.-MlhF and Sectors 240.36.D-Resouuice Protection Overlay Distrkt-Mfnl- mum Lot¢reef Requrement-ThaPeti igners are prbposing to recon- mum Loi Area Requiremem.,The Petltioners are proposing to recon• 1lgurethe lot lines and allocate a portion of 0 Tower Hill Road to 240 figure the lot lines and allocate a portion of 0 Tower Hill Road to 240 Tower,Hill Road;-alfaate a portion at 240 Tower:H01 Hbad to:256 Tower;Hill Road allocatb a liortidn of 240 Tower+Hill`Road'to 256, Tower Hill Road in.order,to'provide 256 Tower Bill Road greater c- Tower Hill in.order to-provide 256 Tower MITI Rgad,greater ac eels than the,present ten foot easemem;and better'parking-space i cess than the presdm-teri toot easement,and better parking space and•access of emergency vehicles. The:subject.properties are locat• gntl access of emergency vehicle's. The subject properties are local- ed at'0 Tower HIII Road,240'Tdwer Hill Road,and 256 Tower Hill ed-st 0 Tower Hill Road,`246 Tower Hill Road,and 256 Tower Hill. Road,Ostervilte.MA as shown on Assessor's Map 142 as Parcels Road,.OsleMile,MA as shown'on.Aitsessors-Map 142 as Parcels .181,.044-002,and 047 tespectivey„;They. are located in the Resi- 161,044.002,-and,047 respeey. They are Incited in the Resi- °dence•C(RC)and the Resource Protection Overlay District(RPOD): dence C(RC)and the Resource Protection Overlay District(ROOD).' t 1 7:01 PM Appeal Nd.2019=055 * SBII et sl 7 01 PM -Appeal No 2019.055 SDII at at John D.Still,Sr as part owner of.Jaines S.,Still at al,has applied' Jahn D Still,Sr as part owner ofJames S.Still of al has appl ed for a Special Permit in accordance vdth Section 240:i)2.8 Noncon.� for a Special Permit In accordance with Section 240.92 8 Noncon- forming Buildings.or:Strudtures Used as.a•Stngle and 1wc-Farnity forming Buildings for Structures Used as a Single and Two-Farhily Residences. The Applicant Is proposing to convert the existing patio Residences. The Applicant Is proposing to convert the existing patio area'iMo a 24 X 12-square foot addition for a kitchen. The addition- area into a 24 112 square foot addifion fora kitchen. The addttlon will be constructed 10.6 feet from the rear yard setback where a 15' will be constructed 10.6 feet from the rear yard setback where a 15 foot setback is required. The Applicant Is also requesting relief from' foot setback Is required. The Applicant is also requesting relief from' the bulk regulalloris in order to add an 8 X 12.7 square foot,three- the bulk regulations In order to add'an B X 12.7 square foot,three- season room to the westerly side of the existing structure 11.4 feet, season room-to the westerly side of the existing structure 11.4 feet from the side yard setback where a.15'fgot side yard setback is re-+ from-the side yard setback where a 15 foot side yard setback is re-! quired. The subject property.ts•located at 104'Harvey Avenoe,' qulred. The subject property is,lDated'at 104 Harvey"Avenue.+ Barnstable,MA as shown on Assessor's'Map 319 As Parcel 1D4. It Is' Barnstable,MA as shown.aq-Assessor's Mao 319 as Parcel 104.It is located in thif lesidence F4(RF-1)Zoning District. located in the Residence F'i.(RF= i,:1)'Z66ing DistricL ' . s 7:02 PM Appeal No.2019.056 '' Celled Partnership d/D%a 7:02 PM Appeal No:2019 056 Celico'Partnership d/Ne r Verizon Wireless :••, Verizon.Wireless t' Calico Partnership,dlh/aVerizon Wi6eless,is applying for a Special !'Gel lco Partnership,Aid Verizon Wireless,is applying for a Special a Permit accordance with'Section 240.108-Ardenrias-permitteQ^by , Permit in eaardan�e wtth Section 240.108-`Antennas permitted by 'i Special Permit in All Zoning,Distdcts. The Applicant Is proposing,to Special Permit in.all Zoning pistricts.,The.Applicant is proposing to ihstali small wireless equipment on the replaced utilily.pole loomed Install small wireless equiprent on the replaced utility pole located within the layout of the State Highway on'Route 6A. The utility pole within Me layout of.the State Highway on Route 6A. The utiliy,pole is Pole d54S located In the layout M,Stato Highway on Route 6A(ad- is Pole OMS located ip the layout of State Highway on Route,9A'(ad- laant to 2514 Main Street)Ba(nstable',MA:'"'`I a;a i' facent to 2514 Maln.Streat)Barnstable MA 7:03PM .Appeal Na2019=057 ." Harris " {'7:03PM AppeaiNo:2019057'`'�` 'fi Harrst ''t Robert J.and Cindy Ann-Louise Harris have applied fora Special. Robert J.and Cindy Ann Louise Harris have applied fora Special Permit in accordance,with Section 240447A.B-Family Apartments.. Permit in accordance.with Sechem-24D•41:1.8 Family Apartments The Applianis are proposing to.construcl a detached garage with'a The Applicants are proposing,to construct a detached'garage:wrth-a one-bedroom family apartment above..The subject property is local- one-bedroom family apartment cove. The subject property is local-I ad at 90We Road,Centerville,MA as shown on Assessor's Nap 170 ad at 90 Nye Road,Centerville;MA asshown orn.Asseski's'Map 17O r.as Parcel OO1-OD3. It is located In the.Residence-C.(RC)Zoning Dis- as Parcel 001.003. It is locatad In the:Residence C(RC)•Zc ing Dis- tricl. - arid. These public hearings w01 be field*al.the Baigstable.Tdwri Hall.'367 These public hearings will be held at the Barnstable Town'Hall,367 Main Streat;Hyannis,MA;Hawing Room located on the 2nd•'Floor, Main Street,•H"nnis,MA,Hearing Room located on the 2nd Floor,l C� Wednesday,'October 16,201g. Plans end agptioatlons,may De re- Wednesday; October 16;201,9. Plans and ippllat brls may be re- view ed at the Zoning Board of Appeais.O ,Planning and Develop• viewed at the Zoning Board of Appeals:Office,Planning and Develop-j ment Department,Town Offices,200 Main Street;Hyadnls,MA. ment Depbrtment,Town Offices,.200 Main$!reel,Hyannis;MA. Barnstable Patriot Alex Rodolakis,Chair Bainstabie'Patriot Alex Rodollakis,Chalr 9&7/19.10/04/19' l Zoning Boardot Appeals 9/27/19,10f04/19 • • Zoning Board of Appeals f r tarbr� Patriot Proof of Publication Publication Date o'? 7111 7.,r•r.' Town of Bamstelrle 'rf F. f£� d " Li' down o1 aamsteb&-,c, a .-Z%ingBwd of Apgoals� , °"fill' -, - Zonirg8oard of Appeals ' Notice of Puhlrc Haan NOtkx of Public flearinps urxler MA 2 ninp Ordinance J rips under the 2onlnp Ordfnance+ +' OetoDet �sQC(ober 16 2D19•, +} To all persons interesled-(n or affected by the"eixions of the 2aning Boiaid lo;arsons imerested in or affected Dy.(he actions of the Zoning Board of'Appeals you'are hereby.notined,oursuam fo;section 11 of• Aplfeals;you are hereby nmified,pursbant to'Smion 91 b1 Cha ter.40A of the General Laws of the"COmmonvrealth of.Messa Chapter 40A&, Ile General Laws of the Oommonweahh otMassa chuseEls;and'all end thereto,flint a.Du'Dl a heating on file � s`anrYall amendments thereto;that,a public lieaifng`on the followrriq apbeals will De hold on Wednesday;October 16,2019,at -following appeals will De held on Wednesday,". Or 1Q 2019;.at, . therlme Indicated the dme Indicated' - Y I617- if}: xk •i TOD PM AppealNo Ot 055 7 00 PM AppeaIN0,019.055 Gallagher/PoRelger I Jason Priest Pottdpdr cal fahh p Gallapher/popeiper Jason Priest Potteiger of al,Faith Priest Pottelgef TrSit' 7rd'Anre iAarie•0.Pd tar are riest'Poffelger Trust;e- Ann ( Marlbjagagher ere petitioning for a Variance pursuant t0 Section y 9 petitoning for a Variance pursuant to Sechon 1'2�10'13.E'=Bulk RegulationsJn the Resldence'C(RC)'Zoning District ' 240.13.E.=Buck Repoliitiohs in the Resldence'C(RC)Zoning Drsbicl, and Section.240 36.0: Rosqureo Protectlofi OVBrlay DlstAct-T Mini-' Afid�don 240 36:D'�Resource Protecton Overlay Distric►. Mini-: rpum Lot Area Requirement. The Petitioners are proposing,to retort•.':' um Lot Area Requirement The Petitioners are proposing tQ-con- figure the lot lines and allocate a portion of 0 Tower HIIf•Road fo 240 gure'the-tot lines and allocate a portion of 0 Tuwer'HiU Road to 240 Tower HIII Road;allocate a portion of 240 Tower Hill Road to 256 Tower Hill Road;allocate a portion of 240 Tower Hill Road to 256 [Tower HIII Road in order to provide 256 Tower HIII Road rester ac•. Tower Hill Road in order to provide 256 Tower Hill Road greater ac Coss than the present ten felt easemem,and Darter Parking s ca cess than the present ten-fogt egsement.and better_parking space and'access of emerg"enry'vehlQles:.:The sub tier buffer ere lo�rat= end access of emergency vefifcles. The subjeEl properties are tocat- p p ed at 0 Tower HIII Road,240 Tower.Hill Road,and 256 Tower Hill ed at 0 lower Hill Road.240 Tower Hill Roatl;and 256 lower Hill Road,Osterrille,.MA,as shown on Assessor's Map 142 as Parcels •Rom,OyteMlle'-MA`as.shewn on Assessor's Map 142 as Parcels 161;'044=002,and 047 respectively. They are located in the Rest- i 161, C(RC)r and 047 respectively. They are located in the Resi- dence C(RC)and the Resource Protection Overlay District(RPOD):. dents C(RC)and the Resource protection Qv rfay pi5VIct:(RPOD)" 7•:01PM AppeafNo.2g19.055 .7:019M •AppealNo,20f9-055 SUII;ePxP I SUII;et al., John D.SUII;Sr;,as•partowner of James S.Still et at,has applied l John D.Pill Sr Sr.,as:part owner of James S.Still of at,has applied r for a Special Permit fie accordance with Section 240.92.8-Noneon. for a Special Peimd'In accordance with Section 24D-92.8-Noncon- forming Buildings or Structures Used as a Single,and.TwoFami(y.: forming Buildings or Structures Used as a:Singte;and'Tw&Family, Residences. The.Apptimni is proposing to convert,the existing.patio ReSldenCEs.,The Applicant is.proposing to cnvert the existing patio :area•into a 20.X 12 square foot additloA for s kitchen..The addHloh wll be larKt,4nto.a.24XI'gsquare.tootaddftlon-'.fdr'ildtchen.cnstructed 16 JeerO The'addnlon will be:,4onstructed I0.6:feet from Me rear yard setback where a 15 Wool se-const s`re' 40. The yard•setback where a 15 foot setback is'required. The Applicant Walkrequesdnd-reliel from' o ADDlirint Is also requesting relief from •the bulk r ulations;(n order to add an 8 X 12.7 square foot,three- 1:1hie bulk regulations, ordefto add an 8 X 12.7 square foot,three. �- season-room to the-westerly side of the existingstructure 11„4 feet season room to'the westerly side of the existingstructure 11.4 foot from the side from the side'yard setback where a 15 foot sine yard'setbi6k.Is re yard setback where a 15 foot side yard'settieck s'io�•quired.. The suDjact-pr0P8fty,ls touted at,.104,Harve Avenue+ a fired..The,subject property is located at 104 Harvey;Avenue,': BamsMbla MA as shoivn•on Assessors Ma" y' t Barrtstabte,MA is Shown ch Assessor's Map 314 is Parcel 104. It Is P 919 as Parcel'104.•it is located In the,' esldencc -1(RF-1)Zoning District Ilocatetl in tDe ResJdence,F1•(RFt)Zoning DistrlcL 7:02 PM Appeal lVo.•201 40S6 7izo PM`Aess No:'2019 056 Coco Partnership N. Verimn Wireless Cellco Partnership NDIa VerfronWiretess,• ,;.• a:.• J Cellco'Partnership,A/p/eVerhon•Wiroless;is "r' • Callao PeMership,d%b/a Vedzon Wireless,Is Applying for as'peclal applying fora S6eclal :P.ermH in at. dance:viOh.SeNon'240108-'gMennav mitteG by. ,y ParmH In aecrordance with Section 240-1D8-Antennas nod. Specal➢err ina11,Zonin Districts. TheA Iisanl.ispoposln to Sstall Peimnigall-ZooingOlstrfctS. ThiApplicantisp�o�po'I -1, 'g DD fry pole Iorate0 "' install small`wireless.'aquipment on the replace`d.utility'pole,lbeated Install smalt:Wreless equipment on the replaced uUl within ilia IayoW of the State Highway on Route 6A. The le, within the layout of the State Highway on Route 6A The utility pole, is Pole i5 la looted h the ty(pole Is Pole i54S located in the layout of State Highway on Route 6A'(ad• layout of State Highway on Route'6A ad- nt to 2514 MalnStreet)Bamstable,MA )acp,I to 2514 Maln Street)Barnstable,MA. : . 7:03 PM Appeal No.2019-057 7:03 PM Appeal No:2019-057 i? 'Harris Robert I.and Cin Ann Louise Harris have Robert.J.and Cindy Ann.Louise Harris have-apptied.forra Special; Pernik in aceofdance with Section Harris have :apamd for-a,Special• Permit Tn'agcordance•wtlh Section 240 47.1.8-Family Apartments: Uy'Apartments: The Applicants are roposing do construct a detached garage with a. The Applicants are proposing,to ConsWgta detached garage.with a ode-bedroom taint pa apartment above. The sob'ect property is local=f one-bedroom tamily.apartment,above. The subject property'ls focat•b P 1 id at 90.Nye Road ,'Centerville,MA as shown on AssessOr'4 M f 70 r ed at 90 Nye Rbad,Centerville,MA as shown on Assessors Map 170 ( as Parcel ODI-003. It is located in the Residence C RC Zon�D70 ' as Parcel 001-003. It Is located In the Resldence.0(RG)Z Zoning Dis- trict. (: ) g. ntThese pubic Hearings will be at the Barnstable To Hall,367 Thesl:'pubiic hehdrigs i 111 belheld at the Barnstable Town Hall„367; hUn Street;Hyannis,MA,Hearing Room'Ibcated'on the:2cd'Rooi,' +Main Street,Hyannis,MA,'Hearing Room loeated'on the 2nd Floor, Wednesda, October 16;2019. Plans and a Iications be re- I. Wednesday, October 16,2019. Plans and applications may tie re;s c Y DD dD viewed,at the Zoning Board of Appeals,Offrce,Planning and Develop- Hewed at-the Zoning Board of Appeals Office,Street., in and Develop- mein Department,Town Offices;2 rnent Department;Town Offices,200 Ma(n Street•lfyannis,Mp.\,. _ � OQ McLn Sireet,.Hyannis,.MA. Baihsiable Patriot Barnstable Patriot ` Alex Rodolakis,Chair .;-:R/27/19,10/04/19 i Alex Rodolak(s,Chair 927/19.10104/19,- Zoning Board of Appeals f Zoning Board of Appeals +" an year as nira w Fcpen your us ness r et year messtrpe out. f et]roar message od. CAPE COD'nMES'V l'_CaQBCOCIONLINE I C�'�'0D17M SS��f CdD�COdONLINE Town of Barnstable Assessing Division 367 Main Street,Hyannis MA 02601 www.townofbarnstable.us Office: 508-862-4022 Edward F O'Neil,MAA FAX: 508-862-4722 Director of Assessing ABUTTERS LIST CERTIFICATION DATE: October 29, 2019 RE: Abutters List For Parcel(s) : 319-104 As requested, I hereby certify the names and addresses as submitted on the attached sheet(s) as required under Chapter 40A, Section 11 of the Massachusetts General Laws for the above referenced parcels as they appear on the most recent tax list with mailing addresses supplied. � � -J �1 �Y+''�H•nth/�rr�s.��.r'�.� Board of Assessors Town of Barnstable s/ 7C( Town of Barnstable Geographic Information System October 25,2019 01100 X 319051 105 319062 31 067 115 9053 319098,, #99 'Ile Vt� 319060 311 7z 02 319064 *95 #98 XI, 4: #85F AL319066 319070JX #89 319049 IV .3 ............. #90 W'. *i64" 319072 319058 #say IVE W; .. ... ...... 319M ' *83 -42 319073 YX A ..... I X �;Yrrr 3119074 ............ 31P 11 rr rN ,319076 319082 31 a 821, 072, W ev 19076 #62 P, z 31908 18098 4W 319092 #38 #50 •3191128,: 319090 319115 318025001 ..:. 1%, 0 1. 0 #37 3191 *59 — # 2 319127 941 V 6 et 3 9143 40 319114 so It - DISCLAIMERS:This map is for planning purposes only. it is not adequate for legal Map:319 Parcel:104 Zoning Board of Appeals(ZBA) boundary determination or regulatory interpretation. Enlargements beyond a scale of Selected Parcel 1'=IW May not meet established map accuracy standards.The parcel lines on this map Abutter List Type-Parties of interest are those directly opposite subject lot on W+ are only graphic revesentatiDns of Assessors tax parcels.They are not true property any public or private street or way and abutters to abutters. Notification of all Abutters boundaries and do not represent accurate relationships to physical features on the map locations. properties within 300 feet ring of the subject lot. such as building lor Buffer r0,25/2019 AbutterReport Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel(s): 1319104' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. Total Count: 28 J Close 319084 DECICCIO,JEFFREY A GOODVIEW REALTY 4183 CORTE LA VISTA SARASOTA,FL C195551 TR TRUST 34238 319085 HATEM,ANDREW& 168 FISHER STREET WESTWOOD,MA C195912 KRISTINA 02090 319086 FORD,WILLIAM P JR&%FORD,KATHLEEN M 116 GOODVIEW WAY BARNSTABLE,MA C215610 KATHLEEN M TRS TR 02630 319087 GOODVIEW WAY LLC C/O MARK BOYER 1746 SULGRAVE LOUISVILLE,KY C194222 AVENUE 40205 MALONEY JOHN W& 84 GOODVIEW 275 MASSACHUSETTS LEXINGTON MA 319090 KATHLEEN P TRS' QUALIFIED P R T AVENUE 02420 C194743 OSBORNE,VIRGINIA GOODVIEW WAY 6749 STREAM VIEW WARRENTON,VA 319091 D TR NOMINEE TRUST LANE 20187 C151037 319098 ECKSLOM,CAROL L 94 MASSACHUSETTS BRAINTREE,MA 27816/ AVENUE 02184 245 319099 RUGGIERO,JANET& 9 LAKEWOOD ROAD NATICK,MA 29247/ RICHARD 01760 296 100 GOODVIEW WAY 246 HENRY BROOKLYN,NY 319100 VAN LIEW,HUGH D TR REALTY TRUST C/O JOEL VAN LIEW STREET#4 11261 D1251683 319101 STILL,JOHN D& 208 BELMONT AVE ORELAND,PA 20973/ JAMES S 19075 333 319102 LEWIS,]ON R&ELIZA P O BOX 1224 BARNSTABLE,MA 22944/ O 02630 159 319103 HILTON,FREDERIC S 1136 CENTRAL NEEDHAM,MA 24810/ &JUDITH A AVENUE 02492 152 319104 STILL,JAMES S ET AL 104 HARVEY AVE BARNSTABLE,MA 20033/02630 326 319105 HILTON,JEAN S TR JEAN S HILTON TRUST S79 BUCK ISLAND RD WEST YARMOUTH, 9420/98 APT 141 MA 02673 I 319106 SLOANE,BARRY L& HARVEY AVENUE REALTY 17 CARTER DR FRAMINGHAM,MA 20476/ IRENE F TRS TRUST 01701 139 319108 HARVEY HOUSE LLC 212 26TH STREET SANTA MONICA, 29973/ #210 CA 90402 53 319116 VAN BUREN, THOMAS L&CATHERINE 65 LOCUST LANE BARNSTABLE,MA 28817/ CATHERINE E TR E VAN BUREN TRUSTS 02630 167 319117 RAYMOND,SHIRLEY M C/O HELEN RAYMOND 13510 MESSINA LOOP LAKEWOOD 28796/ #104 RANCH,FL 34211 153 319118 DALY,JAMES C& 83 LOCUST LANE PO BOX 138 BARNSTABLE,MA- 20841/ JANIS E 02630 321 , 319119 STREET,MARY LOU TR C/O CYNTHIA F LISTER 126 DONEGAL CIRCLE CENTERVILLE,MA 6037/ TR 02632 184 319120 WOLFE,CLIFTON C TR JOHN F WOLFE LIVING PO BOX 423 BARNSTABLE,MA 28371/ TRUST 02630 280 319122 GROSSMITH, C/O NUTTER, 155 SEAPORT ATTN:THOMAS P BOSTON,MA 8084/ FREDERICK&DORO MCCLENNEN&FISH BOULEVARD JALKUT 02210 162 .319123 VAN BUREN,WAYNE& .90 LOCUST LN BARNSTABLE,MA 12593/ PATRICIA A 02636 22 319124 HUGHES,PATRICIA L 82 LOCUST LN BARNSTABLE,MA C161889 02630 TURNER,BEVERLY P YARMOUTH PORT, 319125 TR SURVIVOR'S TRUST 3118 HEATHERWOOD MA 02675 C173643 319126 GROSSMITH DREW, PO BOX 139 BARNSTABLE,MA 20601/8 LYNNE D 02630 319135 MORGANSTERN,ANN 55 ARROWHEADWESTON,MA 1433/RD 02193 I10 maps.townofbamstable.us/arcims/appgeoapp/AbutterRepart.aspx?type=ZBA 1/2 IW512019 AbutterReport 319146 SHORE INC PO BOX 474 BARNSTABLE,MA C175517 02630 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters Is required, contact the Assessing Division to have this list certified.The owner and address data on this list is from the Town of Barnstable Assessor's database as of 10/25/2019. maps.townofbarnstable.uslarcims/appgeoapp/AbutterReport.aspx?type=ZBA 212 ►�-,oc 0 :5 Anderson, Robin ' r From?s Nancy Johnson <nancylwjohnson@aol.com> Sent:: Friday, August 04, 2017 4:14 PM To Anderson, Robin ; =1 just wanted to write to let you know, I appreciate your efforts and continued hard work, on my behalf as well as addressing the tenants concerns at 38 Moco Rd. W. Barnstable. `I am happy that this has finally been put to rest. I would like to ask you set some time aside so I may come into meet you, so I may discuss a couple of things with you. Coujd you.email me some convenient times for you, to see me? Looking forward to your response. q�de-Agan,.T.hank you. P Ed- :it,'n`.f _''Anderson, Robin From: Philip Wallace iphilip_n wallace@hotmail.com] Sent: Monday, July 10, 2017 11:02 AM To: Anderson, Robin Cc: Mckechnie, Robert Subject: 38 Moco Rd. W., Barnstable lot IMG_8298.JPG (1 ATT000011xt(70 IMG-8299.1PG(1 ATT00002.txt(70 IMG-8300.JPG(1 ATT00003.txt(70 IMG_8301.JPG (1 MB) B) MB) B) MB) B) MB) ATT00004.txt(89 B) Hello Robin, I found a door knob just after you left replaced it immediately, here are the images of the non-locking doorknob. Cheers, Phil 1 :=�-. �Q �; � . ;� = �_ W� �.��_� .. �:. �;� tr K ( ..� i� ,. .;"J .,, ,.. �.,. -m --N a, as ..� +$ 4 M L d d-i,e 'lt -,�' �,r - g'��-�`+,,-sue � r; , r�` ,� ,, !; �- C�, h4 e �. .�S �aF ° ram � ��, +#,���. �, ..� ,:i Pia .. v s< � �. , ,k e v z�, `F,,,ana +i:# y.�s;•tkn'9.�;�' r,r�w.W,v%� y.®a;�;...: �.�.�..T.._..-,..��-. ..�„» "`. _.. - a-.z,�u`1 "`� - u. - 47a i e a-. > 4 e 3 s y c � e .. ��=� M �� � r � � o y _ _ �� _ �e. , � .� .� � �_ � � .,r �. . . .._ � ,�.nT� <a. . w :� ,. ,- ,� ��- d ;� ���, =2'F � -3 r+`h ��, �.k�� � ''- 4..r... �+=°. 'a - � s , I Dear Mr. Roma: We have complained for years about the renters and the condition of 38 Moco . Road, West Barnstable. Currently there are several cars coming and going at all times of the day and Into the night. We wonder how many people are living there? The police have been there several times in the last few months. We recently saw a stove getting delivered and wondered if the basement apartment was being used? Is there an exit for this apartment? Is it even legal? The place has rodents and insects (fleas) and the foundation looks like it is crumbling. There Is also a strange odor coming from the house. Gas? Septic? Please look Into this. Concerned neighbors ' — n •• o0 � m G� I Date:... July, 10,2017 To: Building File From:. R. Anderson, Zoning Officer Re: Illegal Apartment Complaint Locus: 38 Moco Road, WB Present: Robert McKechnie, Local Inspector,R. Anderson.•ZO Phil Wallace, tenant,Nancy Johnson, property owner Conditions: Warm, dry, sunny R. McKechnie and I responded to 38 Moco Road in order to investigate an allegation of an illegal apartment in the lower level of the subject dwelling. We were admitted to the dwelling by the tenant, Mr. Phil Wallace. He identified himself as a current town council member and then presented, Mrs. Nancy Johnson, the property owner. Mrs. Johnson reviewed a brief history of the property and indicated that two former building commissioners found no violations. Initially reluctant to admit me, I reminded Mrs. Johnson that I asked former BC Tom Perry for an opinion concerning the layout of this house. I noted that I had previously found the dwelling to.operate as a single family home with an extended family and that there was no segregation between the first and second floor. I added that all parties had full access via the front door. I was assured that this continues by both the tenant and the property owner. (Informed the two occupants are roommates sharing a single family home). Mr. Wallace advised that a third roommate is being considered. Robert and I were shown the entire property and I noted a locking door knob on the first floor access to the lower level. Mr. Wallace immediately agreed to change the knob and in fact began to remove it while we were still present. (Later, he emailed me photos with the replacement non-locking knob installed - see file). Lower Level 1 bedroom, a large storage room (previously used as a bedroom but clearly used as storage now. Advised cannot be a bedroom -lacks of emergency escape. Also contains a full bath, kitchen (no range) and living room. Has direct access to the ground level from the proper bedroom, a mechanical room off kitchen leads directly outside. Primary.Level Contains_a bedroom and an enclosed porch area (used as a walk-in closet) on one side;kitchen, living room, bath, and two bedrooms (one of which was currently used as an office) on the opposite side. Health will confirm the number of bedrooms properly accommodated by the existing septic system. Health tested smokes. J.•138 Moco Rd Wb Inspection 07112017.doc Mckechnie, Robert From: Mckechnie, Robert Sent: Wednesday,June 28, 2017 9:22 AM To: Roma, Paul Subject: RE:Occupancy Permit Paul, OK, here's the follow up. This house was constructed in 1964. Therefore,we do not have an "occupancy permit" on file. There has been sporadic continued enforcement action since the apartment was observed in 1986. The last time the second kitchen was observed was in 2000(1 think).According to the file, I last visited the property on 11/12/14 with Robin and issued an Exit Order for the basement bedroom(s)that didn't have egress. I cannot locate the copy of the exit order. That's all I got! Bob From: Roma, Paul Sent: Wednesday,June 28, 2017 8:26 AM To: Mckechnie, Robert Subject: FW: Occupancy Permit Bob- Could you check this out Thanks From: McKean,Thomas Sent: Tuesday, June 27, 2017 1:51 PM To: Roma, Paul Subject: FW: Occupancy Permit From: Spillane, Geoff[mailto:gspillane@capecodonline.com] Sent: Tuesday, June 27, 2017 1:42 PM To: McKean,Thomas Subject: Occupancy Permit . Tom -- Do you know if there's an occupancy permit for 38 Moco Street in West Barnstable, including an accessory apartment? Thanks, Geoff Geoff Spillane News Reporter/Cape Cod Times phone: 508-916-0407 email: gssRillane(@canecodonline.com twitter: (@GSpillaneCCT 1 I This message may contain confidential and/or privileged information. If you are not the intended recipient or authorized to receive this for the intended recipient, you must not use, copy, disclose or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by sending a reply e- mail and delete this message. Thank you for your cooperation. 2 f t r S i � o � Sr) Le.op i-eeo -e- NQ;51AIG } 1 � v L'tt' WC LIVUW21VBFIC i i To n�-�/40 r�lc.,qLofh-- --- . _ _ _._ ------ K6 i-- -)-eeo— .= -- --- ����--•��� �% � ��,.-fig:--- -_ -- __ � __ - 38 Moco Road, W. Barnstable 11 /12/14 ITT 38 Moco Road, W. Barnstabt F; 11 4 . , 4w 1 j '�t 38 Moco Road, W. Barnstable 12/14 38 Moco oad, W. Barntable 11 /12/14 i i ` , "0 - 38 Moco Road, W. Barnstable 11 /12/14 } -38 Moco Road, W. Barnstable !! J l J A E/AMM, Ia 38 Moco Road, W. Barnstable 11 /12/14 J O • • • • I � � W Ad 4� t� F, 38 Moco Road, W. Barnstable 11 /12/14 38 Moco Road, W. Barnstable 11 /12/14 AV I4 t * r i ajgejsuae8 .M `peo 4 4, • 1 :r' a i R► - j r Parcel Detail Page 1 of 3 �!'del t�1. s MASS 109, Logged in As: Parcel Detail Wednesday,June 28 2017 Parcel Lookup Parcel Info Parcel ID `215-008 I Developer Lot:LOT 10 Location '38 MOCO ROAD I Pri Frontage 125 fYeW Sec Road ( Sec Frontage village West Barnstable I Fire District i'W BARNSTABLE �A) Town sewer exists at this address No ( Road Index 1035 Asbuilt Septic Scan: Interactive Map 215008_1 � Owner Info owner BARNSTABLE SERIES'II eo-� `a) Owner streeti PO BOX 342 I streetz city HYANNIS state'MA zip[02601 I country I Land Info . .......... _................_. ............................................ ........ ......... Acres 0.38 use Single Fam MDL-01 zoning"RF rrgnud 0109 Topography Below Street Road.Paved utilities Gas,Well,Septi= Location;Lake/Pond F'ront,Exc l VI Construction Info Building 1 of 1 Year`1964 Roof"Gable/Hi Ext Wood Shin le _� Built struct p wan g Living Roof AC Area 155 cover Asph/F GIs/Cmp Type None int Bed Style Ranch wall Typical Rooms 4 Bedrooms Model;Residential t T s 2 Ful-0 HaIFlo RBath m Grade Average eat Typical I Total 8 Rooms Type Rooms Stories 1 Story Heat Fuel OII Found ation 'Typical Area Gross 3370 I Permit History Issue Date Purpose Permit# Amount Insp Date Comments 7/6/1998 Repair Work 31935 $200 6/1/1999 12:00:00 AM - Visit History Date Who Purpose http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=15336 6/28/2017 Parcel Detail Page 2 of 3 I1/23/2012 12:00:00 AM Tony Podlesney In Office Review 11/12/2009 12:00:00 AM Paul Talbot Cyclical Inspection 10/31/2000 12:00:00 AM Paul Talbot Desk Aerial Review 5/8/2000 12:00:00 AM Paul Talbot Meas/Est 6/1/1999 12:00:00 AM Andrew Machado Meas/Est ............... - ........ _..... . . ......- - - - -._._. __... ._-......_._-_..... Sales History Line Sale Date Owner Book/Page Sale Price 1 6/8/2015 BARNSTABLE SERIES FOUR LLC 28924/21 $0 2 10/31/2001 JOHNSON, NANCY L TR 14387/192 $1 3 10/31/2001 JOHNSON, NANCY L 14387/177 $1 4 10/15/1985 JOHNSON, NANCY L TR 4758/345 $145,000 5 7/18/1979 DAVIS, ALDIS N 2953/158 $0 - Assessment History Save Building Total Parcel # Year Value XF Value OB Value Land Value Value 1 2017 $108,600 $32,400 $2,500 $249,800 $393,300 2 2016 $108,600 $32,400 $2,500 $251,900 $395,400 3 2015 $108,400 $31,700 $3,100 $244,600 $387,800 4 2014 $108,400 $31,700 $3,200 $351,000 $494,300 5 2013 $108,400 $31,700 $3,300 $351,000 $494,400 6 2012 $108,400 $31,300 $21,200 $351,000 $511,900 7 2011 $137,200 $3,100 $19,200 $351,000 $510,500 8 2010 $137,200 $3,100 $26,200 $351,000 $517,500 9 2009 $135,600 $2,500 $62,300 $357,900 $558,300 10 2008 $158,000 $2,500 $62,300 $373,000 $595,800 12 2007 $157,000 $2,500 $62,300 $373,000 $594,800 13 2006 $142,900 $2,500 $63,800 $372,600 $581,800 14 2005 $131,900 $2,500 $65,300 $309,800 $509,500 15 2004 $107,100 $2,500 $66,000 $275,300 $450,900 16 2003 $97,800 $2,500 $1,800 $63,200 $165,300 17 2002 $97,800 $2,500 $1,800 $63,200 $165,300 18 2001 $97,800 $2,500 $1,800 $63,200 $165,300 19 2000 $78,800 $2,500 $0 $47,000 $128,300 20 1999 $74,000 $2,300 $0 $47,000 $123,300 21 1998 $74,000 $11,800 $2,300 $47,000 $135,100 22 1997 $106,400 $0 $0 $36,300 $145,300 23 1996 $106,400 $0 $0 $36,300 $145,300 24 1995 $106,400 $0 $0 $36,300 $145,300 25 1994 $93,700 $0 $0 $51,400 $147,100 26 1993 $93,700 $0 $0 $51,400 $147,100 27 1992 $106,800 $0 $0 $57,100 $166,200 28 1991 $99,700 $0 $0 $83,000 $185,100 29 1990 $99,700 $0 $0 $83,000 $185,100 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=15336 6/28/2017 Parcel Detail Page 3 of 3 30 1989 $99,700 $0 $0 $83,000 $185,100 31 1988 $68,800 $0 $0 $24,200 $95,200 32 1987 $68,800 $0 $0 $24,200 $95,200 33 1986 $68,800 $0 $0 $24,200 $95,200 11 Photon �n http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=15336 6/28/2017 r Complaint Number: 1 16081 Taken.bv: _UJL,DING SERYLC�S Date: 1 4 2000 'Mar)/parcel: Referred to: LuLI) G SUBJECT OF COMPLAINT. Business/Occupant Name: NANCY OHNSON Number 38 Street: IMOCO RD. Village: SMBAXSS_&B_LE COMPLAINT INFORMATION Complainant's Name: NEIGHBOR Address: Telephone Number: ' Complaint Description: USING ILLEGALLY AGAIN--PUT IN KITCHEN AGAIN. Actions Taken/Results: CALLED ATTY. MARK BOUDRE AU—WE WILL SET UP APPT. TO GO ON SITE WITH HIM. Date Closed: 3�s�� �l" q. s q r 14 G� I STABLE BUILDING PERMIT APPLICATION Permit# Date Issued Fee iyannis Address i Complaint Number: 1678 Taken bv: UJLDJNG SERMICLS Date: 3/7/2000 Man/parcel: Referred to: -U -.D_I G SUBJECT OF COMPLAINT Business/Occupant Name: N,TOH [SON r Number 38 Street: IMOCO RD. . Village: �S LBARN1 -TABJ E COMPLAINT INFORMATION Complainant's Name: ICOUNC. AUDRLY L. Address" Telephone Number: Complaint Description: PLEASE CHECK TO SEE WHAT IS GOING ON AT THIS TIME AT THIS LOCALE. Actions Taken/Results: REFER TO TOM P. 3l t 3 2-000 Date.Closed: °F"E 14 The Town of Barnstable BAM� ' ��' Department of Health; Safety and Environmental Services �Ft639. A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 25, 2000 Nancy Johnson c/o Area Realty 174 Main Street Hyannis, MA 02601 Re: 38 Moco Road, West Barnstable Dear Ms. Johnson: The last time we visited the 38 Moco Road illegal apartment issue with you in 1998, you modified the downstairs and agreed not to re-establish the kitchen on the lower level. We have now received information from the Board of Health that the building is being used again as a two-family home. I regret to inform you that you are in violation of zoning once again, and you must immediately cease and desist the use of this building as a two-family home. Once the lower level is empty, you must take out a building permit to remove the lower kitchen completely. If we do not hear from you within 7 days, we will be forced to initiate court action. Sincerely, Ralph M. Crossen Building Commissioner RMC/lb cc: Attorney Mark Boudreau . 77-� �-�4) �kloo P � 2 0Nc o+ s �I(A-r(0 ) a� SQPr� c, P�2 04-2cps;r 7-7tr�_ i r'Y Health Complaints 10-Nov-98 Time: 8:44:56 AM Dater 11/10/98 Complaint Number: .1620 Referred To: JEROME DUNNING Taken By: THOMAS MCKEAN Complaint Type: Article X Detail: Business Name: Number: 38l 7Street: Moco-Road=7 Villager WES?BARNSTABLE w Assessors Map_Parcel: Complainant's Name: Keven Rossicone Address: 26 Moco Road Telephone Number: (781) 279-1070 Complaint Description: There are holes in the top of the septic system allowing rainwater to penetrate- it is a failed system. It will overflow in a matter of time. There are there two kids,two adults, and a man living there since November 1, 1998. It is . being rented as a two family house. Also, Mr. Rossicone claims that Susan Rask told Mrs. Johnson that the house cannot be rented out with a failed septic system. Actions Taken/Results: Investigation Date: Investigation Time: 1 o• � Dqi r•2r 4,.Q Map 2 R1 S— Parcel 0.0 �'- Permit#" 9 3 S_ L= House#:: /2N . Date Issued a Board of Health(3rd floor)(8:15 =9:30/1:00- 36) 7 Fee' Conservation Office(4th floor)(8:30-9:30/1:00-2:00) Planning Dept. (1st floor/School Admin. Bldg.) S-T 'BE EY DANCE Definitive Plan Approved by Planning Board 19 INSTALLED - W1 E AND TOWN OF'BARNSTABLOVIRONN° o®Ns 'TOWN RE Building Permit Application Project Street Address 12Ol, ` a Village Owner _�j�Cir�P ,s L �1jJ�r�1 O h Address '�zj)X Telephone 0 7 7/- //90 / Permit Request Z�! o Pad y K, f � ��n C- bi:�c-7S" ze c s ab, .�L�,frri ar doers. First Floor square feet Second Floor t square feet Construction Type ' Estimated Project Cost $ _- cal 06, od Zoning District Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No I Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure ,3 0-2, Historic House ❑Yes LXq`o- On Old King's Highway ❑Yes ❑No Basement Type: ❑Full ❑Crawl Wlkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing C— New Half: Existing New No. of Bedrooms: Existing New Total Room Count(not including baths): Existing New First Floor Room Count Heat Type and Fuel: ❑Gas Rdil ❑Electric ❑Other Central Air ❑Yes Fireplaces: Existing _/New Existing wood/coal stove ❑Yes 2116 Garage: ❑Detached(size) /1JOh t _ Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes 51 o If yes, site plan review# Current Use Proposed Use Builder Information Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE _ DATE 'J 3 F BUILDING PERMIT D ED FOem FOLLOWING REASON(S) a&x , e n FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE � OWNER- �.a DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL y: GAS: ROUGH t. FINAL FINAL BUILDING— lab } DATE CLOSED OUTS's n ASSOCIATION PLAN NCS ; i f, °fZT1E.T� • • The Town 'of BarnstableEARMABUL - ��A t ' Department of Health Safety and Environmental Services rEo ' Building Division 367 Main Street, Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissio::: For office use only Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the "reconstruction, alterations, renovation, repair, modernization, conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors, with certain exceptions,along with other requirements. Type of Work: L"a6�'�PT / (e-lV e e/e? Est. Cost 4,00 06 Address of Work: Jeal 4".1• Owner's Name zVa,7C V L D r/lot7 Date of Permit Application: I I hereby certify that: Registration is not required for the following reason(s): i j -' 6rk excluded by law V- Job under 51,000. Building not owner-occupied Owner pulling own permit Notice is hereby'given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROG:2AM OR GUARANTY FUND UNDER MGL c. 142A SIGNED UNDER PENALTIES OF PERJURY i I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. OR 3 i The Commonwealth of Massachusetts .�_ :- Department of Industrial Accidents Office of/nyestioofions - G 600 Washington Street Boston,Mass. 02111 Workers' Com ensation Insurance Affidavit name- Ahr'v Z 14A z soh location: 3 citv �^ /"�! ��L hone# D - 7 7/// O I am a homeowner performing all work myself. ❑ I am a sole ro rietor and have no one working in any capacity ❑ I am an emplover providing workers' compensation for my employees working on this job. com anv name:. address: ;;;;::::...... ... . ....:.:... city Phone#: insurance co. olicv# 171171171117111111111111111111111111111111111111111111, ❑ I am a sole proprietor, general contractor, or homeowner(circle one) and have hired the contractors listed below who have ' the following workers' compensation polices: com anv name: ' "' :::....... address: Phone#� oh / cam- anv name:. ..:::•.;..::. >:;.;:::.>:.:;;:.: . address: nho lice i ivari+nc 0 Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a tine up to$1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 1 do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Date Signature --do— Print - name G- D S� Phone# S10,F- -7-71"17 570 official use only do not write in this area to be completed by city or town official permit/licensecity or town: permit/license# ❑Building Department El Licensing Board ❑check if immediate response is required ❑ rt ❑11Healtealt nen's h Departmm ce ent contact person: phone# ❑Other (revised 9/95 P1A) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, of any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the.occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names,address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. Tile affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the peinmit/license number which will be used as a reference number. The affidavits may be returned io the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents OHlce of Investigations 600 Washington Street Boston;Ma. 02111 'r fax#: (617) 727-7749w.. phone#: (617) 727-4900 eat. 406, 409 or 375 I MOARAptwedkJ Table IS lb(eondaaad) p a pttre Pael�a8ea for Oae and Two-Family RaW.e=N 13ngdhW fraud with F°zd Fads MAXIMUM MINIMff UM �S GlaaaB CCj1;ng Wall Floor 16sm"y"" Slab Ana'(%) U-value] R vafa R-value' P vahtc' Wall pajm= EqWpm= c=-? EGvaiae+ &valud 9701 to 6500 Headng Degm Dare' Q 2% 0.40 1 3E 13 19 10 6 Normal R 125S 0.52 30 19 19 o 6 Na and S 127E\ 0.30 3E 13 19 10 6 U AFUE T 15% 0.36 3E 13 2S WA WA Normal U 13'ii \0.46 3E 19 19 10 6 - Normd V 13•b 0.44 3E 13 23 WA WA IS AM W 13% GM 30 19 19 10 6 IS AM x IE% 032 3E 13 2S WA WA Norma! Y IVA 0.42 \ 3E 19 WA WA Notaml Z IE% 0.42 13 19 10 6 90AFVE AA Ir/. 0.50 3 19 19 t0 6 A FUE 1. ADDRESS OF PROPERTY: 2. SQUARE FOOTAGE OF ALL RIOR WALL 3. SQUARE FOOTAGE OF A GLAZING: 4. %GLAZING AREA(#3 IDED BY#2): S. SELECT PACKAGE —AA-see chart above): NOTE: OTHER ORE INVOLVED METHODS OF DETERMINING ENE GY REQUIREMENTS ARE AILABLE. ASK US FOR THIS INFORMATION. B ING INSPECTOR APPROVAL: YES: NO: q-forms-f980303a 780 CMR Appendix J Footnotes to Table J5.7-1 b: Glaring area is the ratio of the area of the glaring assemblies (including sliding-glass doors, skylights, and basement windows if located in walls that enclose conditioned space, but excluding opaque doors)to the gross wall area,expressed as a percentage. Up to 1%of the total glazing area may be excluded from the U-value requirement. For example,3 if of decorative glass may be excluded from a building design with 300 R2 of glazing area. =After January 1, 1999, glazing U-values must be tested and documented by the manufacturer m accordance,with the National Fenestration Rating Council (NFRC) test procedure, or taken from Table J1.5.3a. U-values are for whole units:center-of-glass U-values cannot be used. ' The ceiling R-values do not assume a raised or oversized truss construction. If the insulation achieves the full insulation thickness over the exterior walls without compression, R-30 insulation may be substituted for R-38 insulation and R-38 insulation may be substituted for R-49 insulation. Ceiling R-values represent the sum of cavity insulation plus insulating sheathing (if used). For ventilated ceilings, insulating sheathing must be placed between the conditioned space and the ventilated portion of the roof. 'Wall R-values represent the sum of the wall cavity insulation plus insulating sheathing (if used). Do-not include exterior siding, structural sheathing,and interior drywall. For example,an R-19 requirement could be met EITHER by R 19 cavity insulation OR R-13 cavity insulation plus R-6 insulating sheathing. Wall requirements apply to wood-frame or mass(concrete,masonry,log)wall constructions, but do not apply to metal-frame construction. 'The floor requirements apply to floors over unconditioned spaces(such as unconditioned crawlspaces,basements, or garages).Floors over outside air must meet the ceiling requirements. 'The entire opaque portion of any individual basement wall with an average depth less than 50%below grade must meet the same R-value requirement as above-grade wails. Windows and sliding glass doors of conditioned basements must be included with the other glazing. Basement doors must meet the door U-value requirement described in Note b. • 'Ile R-value requirements are for unheated slabs.Add an additional R-Z for heated slabs. ' If the building utilizes electric resistance heating use compliance approach 3, 4, or 5. If you plan to install more than one piece of heating equipment or more than one piece of cooling equipment, the equipment with the lowest efficiency must meet or exceed the efficiency required by the selected package. 'For Heating Degree Day requirements of the closest city or town see Table J5.2.1 a NOTES: a)Glazing areas and U-values are maximum acceptable levels. Insulation R-values are minimum acceptable levels. R-value requirements are for insulation only and do not include structural components. b)Opaque doors in the building envelope must have a U-value no greater than 035. Door U-values must be tested and documented by the manufacturer in accordance with the NFRC test procedure or taken from the door U-value in Table 11.5.3b. If a door contains glass and an aggregate U-value rating for that door is not available, include the glass area of the door with your windows and use the opaque door U-value to determine compliance of the door. One door may be excluded from this requirement(i.e.,may have a U-value greater than 0.35). c) If a ceiling, wall, floor,basement wall,slab-edge, or crawl space wall component includes two or more areas with different insulation levels, the component complies if the area-weighted average R-value is greater than or equal to the R-value requirement for that component. Glazing or door components comply if the area-weighted average U- or doors). value of all windows or doors is less than or equal to the U-value requirement(0.35 f u� • TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. DATE ���/9r JOB. LOCATION A�110/ �J• a�� ��G Number Street address Section of town "HOMEOWNER" �► L 7 71-11 O Nam Home phone Work phone - - PRESENT MAILING ADDRESS /000 3 y� ity town State Zip The current exemption for "homeowners" was extended to include owner-occupiE dwellings of six units 'or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER: Persons) who owns a parcel of land on which he/she resides or intends to re side, on which there is, or is intended to be, a one or two family dwelling, attached or detached structures accessory to such use and/or farm structures A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Offic on a form acceptable to the Building Official, that he/she shall be respons-L for all such work performed under the building permit. (Section 109. 1. 1) The undersigned "homeowner" assumes responsibility for compliance with the S Building Code and other. applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of arnstable Building Department minimum inspection procedures and requiremientE nd that he/she will comply with said procedures and requirements. HOMEOWNER'S SIGNATURE kPPROVAL OF BUILDING OFFICIAL ote: Three family dwellings 35 , 000 cubic feet, or larger, will be required 0 comply with State Building Code Section 127. 0, Construction Control. HOME OWNER'S EXEMPTION The code state that: "Any Home Owner performing work for wh ch= i:,=,buildinc. permit is required shall be exempt '-from the provisions of this section (Section 109. 1. 1 - Licensing of Construction Supervisors) ; provided that Home Owner engages a person (s) for hire to do such work, that such Home OG shall act as supervisor. " Many Some Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulation. for . licensing Construction' Supervisors, Section 2. 15) . This lack of aware often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed against the . inlicensed person as it would with licensed Supervisor. The Home Owner ac as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/tier responsibilities, t r-*::--nmunities require, as part of the permit application, that the Home Owne= --.ztify that he/she understands the responsibilities of a supervisor. On t . ..dst page of this issue is a form currently used by several towns. You ma,,. care to amend and adopt such a form/certification for use in your community; Y • R \ w 011ice Use Onty �' Lj1P CrionunninUraffl1 of fflassurbusMs Permit No, �I U � ` 1]clr:trttnettt of IJublic ---qafefU Occupancy 3 Fee Checke.!�� •.m. BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 12:00 5/92 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, 527 CMR 12:00 V 04 (PLEASE PRINT IN INK R TYPE ALL INFORMATION) Date �8 ,e City or Town of aE To the Inspector of Wires: The udersigned applies for a permit to perform the electrical work described below. 112 Location (Street & Number) wwAr Owner or Tenant N llwttu✓ Qp6 d Owner's Address No, V,t\ Is this permit in conj7e;,,96Ar1 ion with abuilding permit: Yes U No U (check Appropriate Box) Purpose of Building d Utility Authorization No. �) {� Existing Service Amps _I Volts Overhead ❑ Undgmd ❑ No. of Meters Zw New Service Amps _J Volts Overhead ❑ Undgrnd ❑ ' No. of Meters w w Number of Feeders and Ampacity Location and Na re of Proposed Electrical Work d � A O No. of Lighting Outlets No. of Hot Tubs No. of Transformers Total EA ` No. of Lighting Fixtures Swimming Pool Above In' gmd. ❑ gmd. ❑ Generators KVA No. of Emergency Lighting No.of Receptacle Outlets No. of Oil Burners Battery Units No. of Switches No. of Gas Burners FIRE ALARMS No. of Zones aU Total No.of Detection and 3 > No. of Ranges No. o1 Air Cond. tons Initiating Devices a No. of Disposals No.of Pumps Tons KW No. of Sounding Devices No. of Self Contained No. of Dishwashers Space/Area Heating KW Oetection/Sounding Devices OwG No. of Dryers Heating Devices KW local Municipal ❑Other rr ❑ Connection No. of No.of Low Voltage CY w No. of Water Heaters KW Signs Ballasts Wiring a >, No. Hydro Massage Tubs No. of Motors Total HP Security System E- ra a OTHER: 0-1 Ea INSURANCE COVERAGE: Pursuant to the requirements cf•M ssachusetts general Laws I have a current Liability Insurance Policy including Compl ed Operations Coverage or its substantial equivalent. YES . t/NO O 1 E r have submitted valid proof of same to the Office. YES CF NO O If you have checked YES, please indicate the type of coverage by S checkingthe appropriate boa. . E INSURANCE O BOND O OTHER O (Please Specify) (Expiration D ) 3 CIMCK APPROPRIATE BOX: I have Worker's Compensation Insurance ❑ I have no Employees ^� Estimated Value of Electrical Work$ Work to Start Inspection Date Requested: Rough Final s, Signed under lhg^naitie3 of p�e/'ury. n ^ Q� Q FIRM NAME �G TPY, Xi/ r UC. NO. 1 3 J Licensee Signature LIC. NO. x /1C, Bus. Tel. No. J Address 117 i fl � w_ �/,J, /AW All. Tel. No. W OWNER'S INSURANCE WAIVER: 1 am aware that the Licensee does not have the insurance coverage or its substantial equivalent as re- -4 quired by Massachusetts General Laws. and that my signature on this permit application waives this requirement. Owner Agent (Please check one) Telephone No. PERMIT FEE S (Signature of Owner or Agent) aF TOWN OF BARNSTABLE WIRING PERMIT PARCEL ID 215 008 GEOBASE ID 13273 ADDRESS 38 MOCO ROAD PHONE W BARNSTABLE ZIP - LOT 10 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT WB PERMIT 32155 DESCRIPTION remove illigal wiring as per bld dept PERMIT TYPE BELEC TITLE WIRING PERMIT CONTRACTORS: MEDEIROS, ROGER A. ARCHITECTS: TOTAL FEES: $30.00 BOND $.00 CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE DATE ISSUED 0'7/15/1998 EXPIRATION DATE Department of Healthf Safer. and Eavir+cnmentai Services r .MASL M� BUILDING DIVISION BY a oFTMe r4 - � snxivsrasie, y Masa $ i639. �0 The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM TO: File FROM: Ralph M. Crossen DATE: 6/16/98 RE: NANCY JOHNSON PROPERTY �3-8-MOCO ROAD. W: BARNSTABLE-(215-008)- INSPECTED BY RALPH CROSSEN 6/16/98 1. Take out electrical permit to A. Remove 220 line from stove to panel B. Remove 110 wire from above stove C. Remove 110 out front(half buried) 2. Take out building permit to A. Remove 1/2 kitchen B. . Remove 2 locks on interior doors - one at top stairs, one to basement small room C. Have final inspection 3. New owner to sign affidavit Q980616A Ale wz:g� �46 �v�GG 7��,�/6,s i z � � °� ;�- ���� �2� �� - �� /a�ao/99 �% ���� �0 a������ JOHNSON, NANCY ZONING ORD f �� ����ss� :� , a �nNeev�s � M.a9_ The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 50 B-862-403 8 Fax; 508-790-6230 Ralph Crossen Building Commissioner MEMORANDUM TO: File FROM: Ralph M. Crossen DATE: 6/16/98 RE: NANCY JOHNSON PROPERTY 38 MOCO ROAD,W. BARNSTABLE(215 008) INSPECTED BY RAJ-PH CROSSEN 6/16/98 1• Take out electrical permit to A. Remove 220 line from stove to panel B. Remove 110 wire from above stove C. Remove 110 out front(half buried) 2. Take out building permit to A. Remove 1/2 kitchen I B. Remove 2 locks on interior doors-one at top stairs, one to basement small • room C. Have final inspection 3. New owner to sign affidavit Q990616A oFTMF�o BARMABIA MAM 1639�- The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM TO: File FROM: Ralph M. Crossen DATE: 6/16/98 RE: NANCY JOHNSON PROPERTY 38 MOCO ROAD, W. BARNSTABLE (215 008) INSPECTED BY RALPH CROSSEN 6/16/98 1. Take out electrical permit to A. Remove 220 line from stove to panel B. Remove 110 wire from above stove C. Remove 110 out front(half buried) 2. Take out building permit to A. Remove 1/2 kitchen B. Remove 2.locks on interior doors -one at top stairs, one to basement small room C. Have final inspection 3. New owner to sign affidavit Q980616A • ' � � GYI 6fi6 �/ �.0 i 77-7 -4 - / { " . * ,� fit- �•s + tie.. �j'' ti , '1.... + r . . f . f �/ �� �� � /y . T I d r oF1Ht , Town of Barnstable BARN4IAB[E, Department of Health,Safety,and Environmental Services M"888.i639. Public Health Division � AIED � P.O.Box 534,Hyannis MA 02601 Orrice: 508-862-4644 I Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Publle Health I May 29, 1998 Susan G.Rask,RS,Chairman Board of Health 363 Newtown Road Marstons Mills,M.A I RE: inspection of Dwelling/38 Moco Road West Barnstable i Dear Ms.Rask: j On Thursday May 28,E 1998 at 3:00 p.m,,I inspected the interior of the dwelling located at 38 Moco Road West Barnstable,accompanied by the owner Nancy Johnson and Maintenance Supervisor John Grant. The dwelling consists of two levels,an upper level and a lower level. Both levels were vacant at the time of the inspection. As you recall,the submitted engineered plan dated May 26, 1998(labeled "preliminary")shows three bedrooms,a kitchen,dining room,living room,bathroom,and laundry area on the upper level. It also shows two bedrooms,kitchen, living room,and a bathroom on the lower level. The upper level rooms appeared to meet all of the requirements of 105 CMR 410.00 State Sanitary Code 11: Minimum Standards of Fitness for Human Habitation. However,the following violations were observed in the lower level: BEDROOM#5-LOCATED IN LOWER LEVEL IN SOUTH-EAST CORNER OF DWELLING 410.280; VENTILATION-Insufficient natural ventilation supplied to the south-east lower level bedroom. The window could not be opened. Also,there was no screen at this window. However,even if the window could be totally opened,the area of opening(3.25 square feet)would be less than 4%of the floor area of this room(which is 94.5 square feet in size). 410,250: NATURAL LIGHT-Insufficient glass area to admit light into the south-east lower level bedroom. The window pane is less than 8%of the entire floor area of this 94.5 square feet room. 410.40I: CEILING HEIGHT-The floor-to-ceiling height in the south-east lower level bedroom Is only six feet four inches. This room shall not be considered habitable. 410.450: EGRESS-No second means of exit to allow for the safe passage of people in the south- east lower level bedroom. The small 30"by 16"window could not be opened during the inspection. I I c I i KITCHEN-LOWER LEVEL i 410.401: CEILING HEIGHT-The floor-to-ceiling height in the lower level kitchen is only six feet four inches. This room shall not be considered habitable. I C LIVING ROOM-LOCATED IN LOWER LEVEL 410.551: SCREENS-No screens observed at the two windows located at the west side of the living room. r i ' In conclusion,two of the lower level rooms,namely the.kitchen and south-east lower level bedroom,are not habitable. I ' Sincerely yours, i I omas A.McKean,RS,CHO I i I i i r i r i i i i I I r r I f I } r cc: Nancy Johnson Sumner Kaufman,MSPH ! Ralph Murphy,M.D. 1 i I ,. I LAW OFFICES OF PHILIP M. BOUDREAU 396 NORTH STREET HYANNIS,MASSACHUSETTS 02601 Telephone: 7 5 Telefax:(508)771-0722 RECEIVED Philip M. Boudreau MAR 3 01998 Philip Michael Boudreau TOWN OF BARNSTABLE Mark H. Boudreau WEIGHTS AND MEASURES March 27, 1998 LICENSING/PARKING Clerk Barnstable District Court P.O. Box 427 Barnstable,MA 02630-0427 Re: Docket No. 9825 CR 000790 Town of Barnstable v.Nancy L.Johnson Dear Sir or Madam: By agreement of the parties,all prosecution by the Town of Barnstable under the municipal by-law relative to an alleged zoning violation shall be suspended pending the completion of the Zoning Board of Appeals application. Kindly reschedule this matter for a date at the Court's convenience in early to mid-June. Thank you for your assistance. Sincerely, Mark H. Boudreau MHB/AMB cc Jack Gillis, Town of Barnstable L�CF THE 1p� • SARNSTABLE, • MASS. � 1639. ArEO MA't s The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM TO: File FROM: Ralph M. Crossen DATE: 6/16/98 RE: NANCY JOHNSON PROPERTY 38 MOCO ROAD, W. BARNSTABLE (215 008) INSPECTED BY RALPH CROSSEN 6/16/98 1. Take out electrical permit to A. ' Remove 220 line from stove to panel B. Remove 110 wire from above stove C. 'Remove 110 out front(half buried) 2. Take out building permit to A. Remove 1/2 kitchen B. Remove 2 locks on interior doors - one at top stairs, one to basement small room i C. Have final inspection 3. New owner to sign affidavit Q980616A r h 6/9 -t s OOV : 1 Court Date Time Offender CRMCMPLT BAR# DISPOSITION 05/21/98 2 PM SAMSON, ROBERT CLERK'S HEAR/MISC MUNIC ORD/SIGN/URENAS Continued 05/21/98 2 PM MYCOCK, FREDERICK CLERK'S HEAR 9825ACO10499/MISC MUNIC ORD/URENAS 05/21/98 2 PM BAKER, MARK E. CLERK'S HEA 9825AC01 1730/LIQ/PUB DRINK/DROHAN Continued 05/27/98 9 AM CARTER, DAVID ARRGNMNT/BAR 45789/DOG ORD/MOEN Resp, reduced fee 05/27/98 9 AM ALBURY, RAYMOND ARRGNMNT/BAR 45787/DOG ORD/LEWIS No Show 06/04/98 2 PM RICHARDSON, STEVEN CLERK'S HEARING/MUNIC ORD/URENAS No show 06/04/98 2 PM PYLE, ODEN CLERK'S HEARING/MUNIC ORD/URENAS Continued 06/04/98 9 AM LORING, DICK APPEAL BEFORE JUDGE/DOG/LEWIS G; $50 06/04/98 2 PM MYCOCK, FREDERICK CLERK'S HEARING/MUNIC ORD/URENAS Continued 06/09/98 9 AM SAMSON, ROBERT ARRAIGN MENT/9825CR001833/SIGN/URENAS 06/09/98 9 AM BAKER, MARK E. ARRAIGNMENT/9825CR001832/LIQ/GILLIS 06/1 1/98 2 PM MYCOCK, FREDERICK CLERK'S HEARING/MUNIC ORD/URENAS 06/12/98 9 AM BECAL,JODI DA'S CONFERENCE/MISC MUNIC ORD/URENAS ;06/°116/98—9'AM- - JOHNSON,'NANCY' _ ARRAIGNMENT/9825CR001727/MISC MUNIC ORD/ 06/25/98 2 PM CAMPOS, EVALDO CLERK'S HEARING 9825AC010582/MUNIC ORD/URENAS 06/25/98 2 PM HOROWITZ, DONALD CLERK'S HEARING 9825AC012099/MUNIC ORD/ 07/01/98 9 AM RICHARDSON, STEVEN ARRAIGN MENT/9825CR002025/MUNIC ORD/URENAS 07/02/98 9 AM BENSON, ALBERT PRETRIAL CON FERENCE/ZONING/URENAST 07/02/98 9 AM CONWAY, JOSEPH,J_MD_ PRETRIAL-CON FERENCE/PFA/GILLIS j/courdcrtdts98.doc 4 Revised: June-6;f998' 1?, Court Date Time Offender CRMCMPLT BAR# DISPOSITION 07/09/98 2 PM SMERLAS, FREDERICK CLERK'S HEARING/MISC MUNIC ORD/URENAS 07/09/98 2 PM SHEA, JAMES CLERK'S HEARING/MISC MUNIC ORD/URENAS 07/09/98 2 PM CLARK, WILLIAM CLERK'S HEARING/3 MUNIC ORD/URENAS 07/09/98 2 PM WATSON, SELENA CLERK'S HEARING/MUNIC ORD/URENAS Continued 07/09/98 2 PM DAUPHINEE, PAUL CLERK'S HEARING/MUNIC ORD/URENAS 07/09/98 2 PM SPLAINE, KENNETH C. HEARING/VSN/RANGER NELSON 07/09/98 2 PM MCGUIGGAN, WILLIAM CLERK'S HEARING/9825AC0I2354/VSN/RANGER NELSON 08/13/98 2 PM PYLE, ODEN CLERK'S HEARING/MUNIC ORD/URENAS 09/24/98 2 PM WATSON, SELENA CLERK'S HEARING/MUNIC ORD/URENAS i j/court/crtdts98.doc 5 Revised: June 6, 1998 a 9 °FINE , Town of Barnstable BAMS,,anEX : Department of Health,Safety,and Environmental Services � '1;9 ,� Public Health Division �fo P.O.Box 534,Hyannis MA 02601 Office: 508-8624644 _ Thomas A.McKean,RS,CHO FAX: 508-790-6304 — �� Director of Public Health < 6 is s> May 29, 1998 '..ti i 11 � — Susan G.Rask,RS,Chauman +' � Board of Health 363 Newtown Road ' T!�Wt►OF BARNSTABLE Marstons Mills,MA !? APPEALS r @� -AMP: ,� RE: Inspection of Dwelling/38 Moco Road West Barnstable JUN v 21998 Dear Ms.Rask: TOWN OF BARNSTABLE WEIGHTS AND PERASSING S On Thursday May 28, 1998 at 3:00 p.m.,I inspected the interior of the dwelling loci QV§wdc( RPdgli West Bamstable,'accompanied by the owner Nancy Johnson and Maintenance Supervisor John Grant. The dwelling consists of two levels,an upper level and a lower level. Both levels were-vacant at the time of the inspection. As you recall,the submitted engineered plan dated May 26, 1998(labeled "preliminary")shows three bedrooms,a kitchen,dining room,living room,bathroom,and laundry area on 'the upper level. It also shows two bedrooms,kitchen,living room,and a bathroom on the lower level. The upper level rooms appeared to meet all of the requirements of 105 CMR 410.00 State Sanitary Code II: Minimum Standards of Fitness for Human Habitation. However,the following violations were observed in the lower level: BEDROOM#5-LOCATED IN LOWER LEVEL IN SOUT14-EAST CORNER OF DWELLING 410.280: VENTILATION-Insufficient natural,ventilation,supplied to the south-east lower level bedroom. The window could not be opened. Also,there was no screen at this window. However,even if the window could be totally opened,the area of opening(3.25 square feet)would be less than 4%of the floor area of this room(which is 94.5 square feet in size). 410.2509 NATURAL LIGHT-Insufficient glass area to admit light into the south-east lower level bedroom. The window pane is less than 8%of the entire floor area of this 94.5 square feet room. 410.401 CEILING HEIGHT-The floor-to-ceiling height in the south-east lower level bedroom is only six feet four inches. This room shall not be considered habitable. 410.450: EGRESS-No second means of exit to allow for the safe passage of people in the south- east lower level bedroom. The small 30"by 16"window could not be opened during the inspection. t KITCHEN-LOWER LEVEL 410.401: CEILING HEIGHT-The floor-to-ceiling height in the lower level kitchen is only six feet four inches. This room shall not be considered habitable. LIVING ROOM-LOCATED IN LOWER LEVEL 410.551: SCREENS-No screens observed at the two windows located at the west side of the living room. In conclusion,two of the lower level rooms,namely the.kitchen and south-east lower level bedroom,are not habitable. Sincerely yours, omas A.McKean,RS,CHO cc: Nancy Johnson Sumner Kaufman,MSPH Ralph Murphy,M.D. Lavoie Debbra I From: McKean Thomas To: Lavoie Debbra Subject: RE:Johnson Date: Wednesday, May 13, 1998 9:24AM Priority: High The Board of Health held a public meeting last night pertaining to the applicant's requests for variances to construct a new replacement well and a new replacement septic system on her property close to her neighbor's existing wells. The Chairman of the Board of Health, Susan Rask, asked me to send you the following information in writing: At this time, the Board of Health has insufficient information in regards to the existing system at 38 Moco Road, specifically whether the existing system would pass or fail a certified DEP inspection and whether the existing system is designed to handle the daily wastewater discharge flow from the existing five or six bedroom dwelling. The owner was therefore ordered to hire a DEP certified septic system inspector and a professional engineer to make these determinations. Also,the submitted engineered plan was deficient because it did not show the locations of the neighbor's septic systems. Any upgrade/replacement of the septic system at this property would be difficult due to the small size of the lot and due to it's proximity to wetlands and wells. In addition,there was either a lack of knowledge or inconsistency of information being told at the meeting in regards.to what is actually going on at this house, specifically whether this is a five bedroom or six bedroom dwelling. This needs to be determined before any variances can be granted. The Board of Health voted unanimously to continue this matter until the May 26, 1998 Board of Health meeting. At or before that meeting,we anticipate receiving (1) a certified DEP septic system inspection report conceming the existing system, (2) a determination from a professional engineer rerlative to the existing daily wastewater discharge flow, and (3) revised plans for a proposed replacement septic system. From: Lavoie Debbra To: McKean Thomas Subject:Johnson Date: Thursday, May 07., 1998 5:30PM Tom I spoke with Attorney Mark Boudreau and he told me Mrs. Johnson is scheduled for Board of Health for May 07th on her property at 38 Moco Road. <<File Attachment: 199815.DOG»Anything I should tell the Board? I aft attached the minutes from that hearing. Thanks Debbie I Page 1 I 3-11-1995 5:34AM FROM R. I LAW OFFICES OF PHILIP M. BOUDREAU 396 NORTH STREET HYANNIS,MASSACHUSETTS 02601 Fae:( 08)7 5 Tdcfax:(50S)771-0722 RECEIVED Philip M. Boudreau MAR 3.0 1998 Philip Michael Boudreau TOWN OF BARNSTABLE Mark H.Boudreau WEIGHTS AND MEASURES LICENSING/PARKING March 27, 1998 Clerk Barnstable District Court P.O. Box 427 Barnstable,MA 02630-0427 Re: Docket No.9825 CR 000190 Town of Barnstable v. Nancy L. Johnson Dear Sir or Madam: By agreement of the parties,all prosecution by the Town of Barnstable under the municipal by-law relative to an alleged zoning violation shall be suspended pending the completion of the Zoning Board of Appeals application. Kindly reschedule this matter for a date at the Court's convenience in early to mid-June. Thank you for your assistance. Sincerely, Mark H_Boudreau MHB/AMB cc Jack Gillis,Town of Barnstable ( 1 LAW OFFICES OF PHILIP M. BOUDREAU 396 NORTH STREET HYANNIS,MASSACHUSETTS 02601 Telephone: 7 5 Telefax:(508)771-0722 RECEIVED Philip M. Boudreau MAR 3-01998 Philip Michael Boudreau TOWN OF BARNSTABLE Mark H. Boudreau WEIGHTS AND MEASURES LICENSING/PARKING March 27, 1998 Clerk Barnstable District Court P.O. Box 427 Barnstable, MA 02630-0427 Re: Docket No. 9825 CR 000790 Town of Barnstable v.Nancy L.Johnson Dear Sir or Madam: By agreement of the parties,all prosecution by the Town of Barnstable under the municipal by-law relative to an alleged zoning violation shall be suspended pending the completion of the Zoning Board of Appeals application. Kindly reschedule this matter for a date at the Court's convenience in early to mid-June. Thank you for your assistance. Sincerely, Mark H.Boudreau MHB/AMB cc Jack Gillis, Town of Barnstable 05/13/98 WED 10:53 FAX 5087710722 BOUDREAU LAW 0 002 LAW OFFICES OF PIM M.BOUDREAU 396 NORTH STREET HYANNIS,MASSACHUSETTS 02601 Telephone.-(508)775-1085 TclO=(508)771-0T» Philip M.Boudreau Philip Michael Boudreau Mark H.Boudreau May 13, 1998 Debbie Lavoie 1 Town of Barnstable Zoning Board of Appeals D Main Street Hyannis,MA 02601 } Re:Petitioner: Nancy L.Johnson :f ,ti,a� Property address:38 Moco Road,W.Barnstable Dear Ms. Lavoie: i This letter shall serve as notice of the intention of my client,Nancy Johnson to withdraw without prejudice her application for a variance scheduled for a hearing tonight in the above- entitled matter. Thank you for your kind attention to this matter. Sincerely, Mark H.Boudreau MHB/AMB Zoning Board of Appeals Excerpt from the Minutes of January 21,1998 Appeal Number 1997-15 Johnson Board Members hearing this appeal were Ron Jansson,Gene Burman,David Rice,Elizabeth Nilsson,and Chairman Emmett Glynn. Attorney Mark Boudreau represented the applicant. Chairman Emmett Glynn read a letter from Attorney Boudreau requesting a continuance of this appeal. MOTION: Ron Jansson A motion was made to continue Appeal Number 1997-15 to March 18, 1998. Seconded by Gene Burman VOTE: AYE: Ron Jansson,Gene Burman,David Rice,Gail Nightingale,and Chairman Emmett Glynn. NAY: None Appeal Number 1998-15 has been continued to March 18, 1998 at 7:45 PM. Note:New Board Members will be assigned. Zoning Board of Appeals Excerpt from the Minutes of March 18,1998 Appeal Number 1998-15 Johnson Board Members hearing this appeal were Gene Burman,Ron Jansson,Richard Boy,David Rice,and Chairman Emmett Glynn. Attorney Mark Boudreau represented the applicant,Nancy Johnson. At the applicant's request,on January 21, 1998,this appeal was continued to this evening. At the start of this hearing,Attorney Boudreau stated he is again requesting a continuance. There is a question as to the type of septic system at this property. The type of system would affect the number of bedrooms allowed in the house. In view of the fact that the applicant is seeking a use variance to allow this property to be used as a two family dwelling,the type of septic system is important. Second,the . applicant's mother is very sick and the applicant's testimony is vital to this appeal. A floor plan of the'house was not submitted with the application,and the Board requested one be submitted to the file along with the septic certification. At the current time,the house is empty. There is a pending case in the court involving this property which has been continued until this appeal(before the Zoning Board of Appeals)is concluded. Attorney Boudreau stated that until this hearing is over,the house will not be rented by more than one family. The Board determined to continue this appeal to May 13, 1998 at 7:15 PM. Appeal Number 1998-15 is continued to May 13,1998 at 7:15 PM. f IKE Town of Barnstable &4PJ r'ABus. Board of Health �639. . P.O.Box 534,Hyannis MA 02601 65 Office: 508-790-62 Susan G.Rask,R.S. Ralph A.Murphy,M.D. FAX: 508-790-6 65 tip ki ¢^'" uXan Sumner Kaufman,M.S.P.H. e� b Board of Health MeetingAgenda May 12, 1998, 7:00 M. Town Hall Building Second Floor,Hearing Room � xn 367 Main Street, Hyannis I. Variance Request(Old Businessl: 7:00 Stephen Wilson, P.E., representing McShane Construction-Falling Leaf Lane, Osterville, proposed dwellings with one office and two bedrooms, requesting permission to utilize two bedroom septic system design. II. Hearing Requests: 7:10 Mark W. Thompson, Hyannis Star Motor Inn, 999 Route 132 Hyannis-Requests an extension of time to connect motel to town sewer. 7:15 Mary Ann Grafton Rodgers, 81 Blanid Road, Osterville-House is for sale, septic system "failed"according to septic system inspection report. III. Disposal Works Construction Permit Extension Requests 7:25 James and Barbara Murphy-Lot 10 Wild Goose Way Centerville, 1995 permit expired 3/28/98, awaiting approval from the Conservation Commission. 7:30 Elizabeth Talerman-Lot 9 Wild Goose Way Centerville, 1995 permit expired on 3/28/98, awaiting approval from the Conservation Commission. IV. Variance Requests (New Business); 7:40 Tim Pearson, 84 Frost Avenue, Hyannis, 13,420 square feet lot in a WP District, requesting variance from the"330 Regulation"and from the nitrogen loading restriction contained in Title 5, in order to construct a three bedroom dwelling. 7:50 Brian Harding,68 Lombard Avenue,West Barnstable, 28,000 square feet lot, proposed reserve area 140 feet away from proposed onsite well. 8:00 Keith and Nancy Leveille. Lot 3 Fieldstone Road,West Barnstable, 0.74 acre lot- Requests variances to install a soil absorption system within 150 feet of a proposed onsite well. 8:10 Nancy Johnson, 38 Moco Road-Requests multiple variances to replace existing cesspool with a maximum feasible compliance Title V system and to install a new well. 8:20 George Elhoussan, George's Bakery,•366 Main Street Hyannis-Requests variances to operate a food establishment with only one restroom and without an inground grease trap. 8:30 Body Piercing Ordinance and Regulation Proposals i - /lrcr Lr/4h.- S'dv L�aircfi� �..d� /JTr/�OO�w /C fOr L-/va9 �onin 0 L 2 1 i i t M1 . /(cow !t/ofc� SidG Uor.e/ys /an 0! aCpf 3 r /3 3f,,Wleo Rd_ LtJ.�..�sfo6/c /Jlo. �v/fn, f%oi Fw.f 3 b6r-oonn-S 7 75- ailcl . Town of Barnstable. a Planning Department \� Staff Report Appeal No. 1998-15.-Johnsona� Use Variance to Section 3-1.4(1) Principal Permitted Uses Date: January 12, 1998 To: Zoning Board of Appeals From: Approved By: Robert P. Scherhig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, Associate Planner Petitioner: Nancy L.Johnson Property Address: 38 Moco Road,West Barnstable, MA Assessor's Map/Parcel: Map 215, Parcel 008 Area: 0.38 acre Building: 1552 sq.A.. Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Filed,November 5, 1997, Public Hearing,January 21, 1998, Decision Due,February 13, 1998 Background: The property that is the subject of this appeal is a 0.38 acre lot, located at 38 Moco Road in West. Barnstable, in an RF Residential F Zoning District. The lot is developed with a one story, 1,552 sq.ft. two- family dwelling built in 1964. The property is owned by Nancy L. Johnson, the applicant in this appeal.'. The applicant has purported that the residence has been used as a two-family residence since 1964. She has also stated that the current use is as a single-family residence, the second family being recently evicted. The applicant is seeking.a Use Variance to Section 3-1 4(1)of the Zoning Ordinance- Principal Permitted Uses to permit the existing two-family dwelling to be legal under zoning. RF Residential F Zoning Districts only allow single-family dwellings. Zoning History: In 1964, this area of West Barnstable was zoned RC-'2 Residential C-2 Zoning District. The.1964 Zoning By-law only permitted single-family dwellings, as-of-right, and two-family residences with approval of a special permit by the Zoning Board.of Appeals.. In 1969, with the recodification of the Zoning By-law, this section of West Barnstable was rezoned to RE Residential E Zoning District. The 1969 Zoning Bylaw only allowed detached single-family dwellings and home occupational use in RE Districts. It no longer allowed two-family dwellings by special permit. In 1974, the area was again rezoned, this time to RF Residential F Zoning District. The minimum lot size was increased to one acre..Only detached single-family dwellings are allowed as-of-right in the RF zoning classification. . ' Source: Town of Barnstable Assessor's Records Town of Barnstable-Planning Department-Staff Report Appeal No. 1998-15-Johnson Use Variance to Section 34.4(1)Principal Permitted Uses For this structure to be a legal two family dwelling some form of relief from the Zoning Board of Appeals would be.required. Records.indicate that no special permito allow a two-family dwelling at this location was ever approved. Today the only course for legalizing the use appears to be through the Use Variance. Staff Review: The subject property has frontage on Garrett Pond and is served by a private well and septic system. It is located within an AP Aquifer Protection District. Staff is.concerned with the size of the lot being only .38 acres and its location next to Garrett Pond. The grant of a Use Variance should consider capping of the bedrooms and.assuring.conformance to Title V for the on-site septic. According to assessor's records, the residence has 4 bedrooms and 2 baths. The applicant should be prepared to document that the present on-site septic system meets the current Title V Regulations. The applicant has not provided any detailed plans showing the current room arrangement of the structure. Staff would suggest that the applicant be prepared to provide this information to the Board as well. Variance Findings: In consideration for the Use Variance, the.Petitioner must substantiate those conditions unique to this lot that justify the granting of the relief being sought from the Principal Permitted Use for a single-family dwelling. In granting of the Use Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Possible Conditions: If the Board finds to grant the relief requested, they may wish to consider the following conditions: 1. The variance is granted to permit two (two bedroom) units within an existing 1,552 sq.ft. structure. 2. One of the units shall be owner occupied. The.other unit shall be leased on a yearly basis only. 3. Parking for four cars shall be provided on-site. 4. All applicable regulations of the Health and Building Divisions of the.Town of Barnstable shall be complied with. 5. All applicable regulations of the Fire District shall be complied with. 6. The on-site septic shall meet current Title V Regulations without variance from the Board-of Health. 7. No future additions or expansion of the gross square footage of the structure shall be permitted without the consent of the Zoning Board of Appeals. Attachments: Applications, Assessor's Map, Assessor's Card, 2 TRE ZONWG :.r BEEN REI,�g ENFp DETER�NED By II1TG!9UGHTHAS BE AppROOFF10E To lyII1fQ CI$ TAiVC �FQIVEIIT ' Tf�.SE TOWN OF BARNSTABLE zoning Board 04 Ap$?aGA `� Application to Petition for a Variance Date Received For office Use only:• Town Clerk office Appeal $ Hearing Date Decision. Due _T The undersigned hereby applies to the Zoning Board of Appeals for a Variance from the zoning ordinance, in the manner and for the .reasons hereinafter set forth: Petitioner Name: NANCY L. JOHNSON , Phone Petitioner Address: 38 MOCO ROAD, W. BARNSTABLE Property Location: 38 MOCO ROAD, W. BARNSTABLE NANCY L. JOHNSON, TRS. & JENNIE M. WENT?&e TRS. (MRS. TRUST) Property owner: ' Address of owner: same If petltloner differs from owner, state nature of interest: Number of Years owned: Assessor's Map/Parcel Number: 215/8 - zoning District: F Groundwater overlay District: Variance Requested:Variance from the uses set forth An' 3-1 4 RC-T--& TF Residential Districts Cite section 8. Title of the Zoning ordinance Description of Variance Requested: Applicant. seeks a variance for the allowance of a two-family residence in an RF District. In actuality, the property has been operated as a two-family residence since 1954. Description of the Reason and/or Need for the.. Variance: Applicant seeks to obtain a variance in order to legitimize the use that the property had been put to since . 1964. Discription of Construction Activity (if applicable) :' Only. such construction as is. required by the 'Town; otherwise, none is anticipated. Existing Level of Development of .the Property - Number of Buildings: 1 second family Present Use(s) single family (recently evictpdgross Floor Area: 2,700 sq.ft. Proposed Gross F1oor'Area to be Added: none , Altered: none Is this property subject to any other relief (variance or special Permit) from the Zoning Board of Appeals? Yes [ ] No [� If Yes, please list appeal numbers or. applicant's name Application to Petition for a variance _• +-ha nroperty within a Historic District? Yes [] No [� IS the property a Designated Landmark? Yes [] No [� For Historic Department Use On1Y_ Not Applicable ..:. ...... ..... [] ORE Plan Review Number Date Approved signature: Have you applied for a building permit? Yes [J No [� Has the Building Inspector refused a permit? Yes [] No [� All applications for a Variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved Site Plan' (see Section 4- 7.3 of the Zoning Ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals.' For Building Department Use Only Not Required '...... ..... . . . [J Site Plan Review Number *Date Approved Signature: The followings information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form,. each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, .except single and two-family housing development, will require five ..(5) copies of a proposed site improvements plan approved by the Site Plan Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. see "Contents of site Plan:" section 4-7.5 of the Zoning ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in making its d ermination. Signature. �' . Date: Nov. 1997 Pewpn r Agent"s signature K 1Y D�oC r a.t 3•�fC -!tee S'�n Agent's Address: /`/7 4tih' dabs Phone: Fax No. 1 LUNIIJLa I IJI:i I I IIL;I L:UUL SI'-UIS 1 S.I UA I L- THIN 1 EU I CLASS I P(.S I NBHD KEY nH UUSIi MUCO ROAD 05 Rf 500 05Wd 07/09/95 1011 :)U SJAC R215 0U3. 1327' LND/OTHER FEAT UHES DESC1111_I ION ADJUSTMENT FACTORS t+�w o�nieA�e sm uma,r„un - v UNIT ADJ•D.UNIT ACRES/UNITS VALUE De.crrphpn J OHN S ON, N A NC Y L TRUSTEE Y. MAA- cD FF Dp Ih/AcraS LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE I L A N-3 1 3 6,3 0 0 CARDS IN ACCOUNT L 10 1BLDG.SIT 1 X .3 A=15 C 162 34999.9S 95549.99 .38 3631J0 4;3LD;;(S)-C4R0-1 1 106,400 01 OF 01 A X')TH=R FEATURE 1 2,600 COST Y N BATHS 2.0 U X C= 100 7000.00 7000.00 1.00 70JU d ,'1PL MOCO RD W BARNSTABLE MARKET 9520( p BLA BSMT RM S X C= 100 41 .6 41.65 616 340OU i #DL LOT 10 INCOME A FIREPLACE U 1 X C= 100 3100.0 3100.JC 1.00 31JO .43R 1035 G125 USE D R02 BT DOCK S X 197 C= 75 1.0c 32.77 80 26JU f APPRAISED VALU A 145,30 A U PARCEL SUMMARY T AND 3630 A S T BLDGS 10640 M 0-IMPS 260 F E TOTAL 14530 N CNST E N DEED REFERENC TTp. DATE RKe, PRIOR YEAR V A L A T Look P,9-11, n1. MO. "!of I Set-P,ic. LAND 3 6 3 0 T S 4753/345- 1-10/85 145000 3LDGS 10900 U 2�4J/158, 00/00 TOTAL 14530 R E BUILDING PERMIT POND FRONT..... S NVTD.r D.t. Tp. Amounl LAND LAND-ADJ INC ME SE SP-BLDS FEATURES BLD-ADJS UNITS 36300 2600 44100 Crass Con51. Tolsl Bas¢Rale Atll Rale ear Buie A Nam Oesv. Un:,S Uni15 A 1 9e Oepr Contl CNO LOc eb R O Repl Cosl No. Ad, Repl V.i.. S,-... Herphl ROprM Rme B.tne •Fir,, I P.rlyw.11 FK. 01C 000 100 100 56.40 56.40. 64 75 19 80 100 80 133030 lJi4J•J 1 _:) lU 4 2.0 8.G Cescrp„orr, R.I. Square Feet Sept.Cos, MKT.INDEX: 1.UO IMP.BY/DATE. / SCALE. 1100.73 ELEMENTS CODE CONSTRUCTION DETAIL S ;AS 1-J.) 56.40 1552 87533 AREA_ , 52 SINGLE FANILY DUELLING CAST iF:.JU T FOP35 19.74 32 632 *------------3u-=-----=----* STYLE 03: ANCH L) ---------------------- R' fU0 2f5 3.50 90 765 +---10--* ! Jc:;iti+l RDJI•IT IJU 0 --- .0 _XTCi1.J.4LLS U1 'J000 fRAM� fj.0 U C *---14---* FWD 9 6 ! I •-C- TY PE----- -------------- ---/i1tA11:L J4)IL !1„1 *---10--► ! I?` itri FY 13H uU ---- ------------ 0 T ---------------- U 26 liJT<:Z:L4ruu'r_ 3i _ �5='J BASE ! --- - R I1vT_iF;'1ilLTY U[" Al'lt AS EXTEZ r_i fLJU2 3T3UCT A 24 -0G ----- -- --- -.0.0 L p W! 1 _FLDU•.1 %JVcR- -:0G - - .- -- ----fr.0 E. Total 122 eas¢. 1552 ! ! 1;,JF "1TfP�--- JU -- --= -----,n.)' BUILDING DIMENSIONS ' =[c is T n i=P L 'JU T 6AS W2D SO4 FUP E08 N04 W08 �SO4 - o Co--------X FUU:4OATIQ,•7- JU �'�.9 *--'--+-- -- - - - -------------- r ._ BAS W36 N24 E14 S06 E10 FWD ------- A - -- - ----------------------- L.. 4 FOP 4 wU9 W1U SU9 E10 .. BAS N12 E38 *-------=---36-----------*--8--+ -----'ZCTiH:`i3RHOJ0 3�AC WEST .SARN'S7A�LE S26 . . LAND TOTAL FIARKET . PAi2CEL 36300 14.5300 AREA. 1.6538 VARIANCE' +0. +77� iTA-ACA'RD 25 Ccr�ticet a Pond ao d ghi,& tot do ea not J aU within tlw- 100 seat j ood ;one. . No changee. have Geer made ,in the At l0 tadt dwe-4 ye 4,., 16625 5-9 Lit. ls.tep1 ghe baUding shown on .thin plan 4-4, I- located on the ghound as shown he�te-. 4 tk. on and ,net the set-bask sec enter oue�t hang 4et W,the gown q 6a&w4table whew ail t.: hoe, # 38 ° �? AJ,,I Cape £<�•ir�ee�%ins 3i= 49 .':-axbo�t road JI anxi,&, Aa. 02601 o jca& 1 "-40 ' Noco '?oad )a& 2-I5-90 1Zw. 9-13-97 40 wide � .tcu�eC ace) i i i rio-ttga fe =�Wwey I I ) ei,zg tot 10 as eh,own on a plan �,eco•tded ,us plan book 173 pay, 9l . dated 8-20-62 I I / 14epat d fort: -, ha icy 1. �ohmon 74 ha.in btAzet. �oz N �� 14yajuuri,d, Pla.. 02601 j `^ i$ , MI NE H t� `3241, IS T ERE 'l.LAND S ' 2-2 -58 Ar -i—�� fit!✓'-�,�t, AR � .I' 16• --.•I�-:� :� "t'S.•.G7'iR GAIIC Lai � ,(� �•,:..� - ..--�� �=" ;_��+` `_�,:. -. �� '� ��� D"- ,r��� \� 1 ^p 19 - of rr F; �?Sj:.? � `' ''�- %,�-` Kr•, �_ 'ter r 3 IRK 28-1-211Am � . 28 1-1 y/ Z c• nxa 'l• ,� '` 'N �•,:".ci Y�� N� -��Y"., ; _ '�:/',ram- '�128-3 - 28 4MAE MAP 215 PARCEL 008 JO H W-- *k- SCA&l"=200' � 1OHNSONTGN LAW OFFICES OF PHILIP M. BOUDREAU 39e NORTH STREET HYANNIS,MASSAGHUSETTS 02601 C (508)775-1085 TELEFAX (508)771-0722 PHILIP INI. BOUDREM.T PHILIP MICHAEL BOtTDRF.�1tT MARK II. BOUDRF�U January 15 , 199.8 Zoning Board of Appeals Town of. Barnstable Main Street Hyannis , MA :02601 Attention: Debbie LeVoie Dear Ms . LeVoie: This letter will confirm our recent conversation in which I requested an extension regarding petition of Nancy Johnson for a variance presently scheduled for hearing on January 21, 1998 . It had been my understanding that the earliest hearing available when the. application was filed would have been some time' in February. As my client will not be available on the 21st , .I am requesting that the matter be continued until the next available hearing which, I understand, will be in -the- early part of March . Thank you for your kind attention to this matter . Sincerely Mark H. Boudreau MHB:kb Town of Barnstable Planning Department Staff Report Appeal No. 1998-15-Johnson Use Variance to Section 3-1.4(1) Principal Permitted Uses Date: January 12, 1998 To: Zoning Board of Appeals From: Approved By: Robert P. Schernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, Associate Planner Petitioner: Nancy L.Johnson Property Address: 38 Moco Road,West Barnstable, MA Assessor's Map/Parcel: Map 215, Parcel 008 Area: .0.38 acre Building: 1552 sq.ft. Zoning: RF Residential F Zoning District GroundwaterOverlay: AP Aquifer Protection District Filed, November 5, 1997, Public Hearing,January 21, 1998, Decision Due,February 13, 1998 Background: The property that is the subject of this appeal is a 0.38 acre lot, located at 38 Moco Road in West Barnstable, in an RF Residential F Zoning District. The lot is developed with a one story, 1,552 sq.ft. two- family dwelling built in 1964. The property is owned by Nancy L. Johnson, the applicant in this appeal.'. The applicant has purported that the residence has been used.as a two-family residence since 1964. She has also stated that the current use is as a single-family residence, the second family being recently evicted. The applicant is seeking a Use Variance to Section 3-1.4(1) of the Zoning Ordinance- Principal Permitted Uses to permit the existing two-family dwelling to be legal under zoning. RF Residential F Zoning Districts only allow single-family dwellings. Zoning History: In 1.964, this area of West Barnstable was zoned RC-2 Residential C-2 Zoning District. The 1964 Zoning By-law only permitted single-family dwellings, as-of-right, and two-family residences with approval of a special permit by the Zoning Board of Appeals. In 1969, with the recodification of the Zoning By-law, this section of West Barnstable was rezoned to RE Residential.E Zoning District. The 1969 Zoning By-law only allowed detached single-family dwellings and home occupational use.in RE Districts. It no longer allowed two-family dwellings by special permit. In 1974, the area was again rezoned, this time to.RF Residential F Zoning District. The minimum lot size was increased to one acre. Only detached single-family dwellings are allowed as-of-right in the RF zoning classification. Source: Town of Barnstable Assessor's Records Town of Barnstable-Planning Department-Staff Report Appeal No. 1998-15-Johnson Use Variance to Section 3-1.4(1)Principal Permitted Uses For this structure to be a legal two family dwelling some form of relief from the Zoning Board of Appeals would be required. Records indicate that no special permit to allow a two-family dwelling at this location was ever approved. Today the only course for legalizing the use appears to be through the Use Variance. Staff Review: The subject property has frontage on Garrett Pond and is served by a private well and septic system. It is located within an AP Aquifer Protection District. Staff is concerned with the size of the lot being only .38 acres and its location next to Garrett Pond. The grant of a Use Variance should consider capping of the bedrooms and assuring conformance to Title V for the on-site septic. According to assessor's records, the residence has 4 bedrooms and 2 baths. The applicant should be prepared to document that the present on-site septic system meets the current Title V Regulations. The applicant has not provided any detailed plans showing the current room arrangement of the structure. Staff would suggest that the applicant be prepared to provide this information to the Board as well. Variance Findings: In consideration for the Use Variance, the Petitioner must substantiate those conditions unique to this lot that justify the granting of the relief being sought from the Principal Permitted Use for a single-family dwelling. In granting of the Use Variance the Board must find that: unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Possible Conditions: If the Board finds to grant the relief requested, they may wish to consider the following conditions: 1. The variance is granted to permit two (two bedroom) units within an existing 1,552 sq.ft. structure. 2. One of the units shall be owner occupied. The other unit shall be leased on a yearly basis only. 3. Parking for four cars shall be provided on-site. 4. All applicable regulations of the Health and Building Divisions of the Town of Barnstable shall be complied with. 5. All applicable regulations of the Fire District shall be complied with. 6. The on-site septic shall meet current Title V Regulations without variance from the Board of Health. 7. No future additions or expansion of the gross square footage of the structure shall be permitted without the consent of the Zoning Board of Appeals. Attachments: Applications, Assessor's Map, Assessor's Card, 2 T1M ' BEEN DEG E EIIITG gpU ENFORC NED By T$E GHMAR _ - -..BEAPPRO OFFICER�� G TOWN OF BARNSTABLE Zoain Board o -A ea3�s: _`� C� Application to petition for a Variance Date Received For office Use Only: Town Clerk office Appeal $ , 77157 Tr Hearing Date pl/^/ /6?_ Decision Due _T The undersigned hereby applies. to the Zoning Board of Appeals for a Variance from the zoning ordinance, in the manner and for the .reasons hereinafter set forth: petitioner Name: NANCY L. JOHNSON , Phone Petitioner Address: 38 MOCO ROAD, W. BARNSTABLE Property Location:' 38 MOCO ROAD, W. BARNSTABLE Property Owner: NANCY L. JOHNSON, TRS. & JENNIE M. WENThe TRS. (MRS TRUST) Address of Owner: same If petitioner differs from owner, state nature of interest: Number of Years .Owned: Assess.or,s Map/Parcel Number: 215/8 - Zoning District: RP Groundwater Overlay District: Variance Requested:Variance from the uses set forth in' 3-1 4 RC-1 & TF Resid n ial District Cite Section & Title of the Zoning ordinance Description of Variance Requested: Applicant. seeks a variance for the allowance of a two-family residence in an RF District. In actuality, the property has been operated as a two-family -residence since 1964. Description of the. Reason and/or Need for the. Variance: Applicant seeks to obtain a variance in order to legitimize the use that the property had been put to since 1964. Discription of Construction Activity (if applicable) : Only such construction as is. required by the 'Town; otherwise; none is anticipated. Existing Level of. Development of .the Property - Number of Buildings: 1 second family Present Use(s) : single family (recently evi.ctpMross Floor Area: 2,700 sq.ft. Proposed Gross Floor Area to be Added: none , Altered: none Is this property subject to any other relief (Variance or Special Permit) from the zoning. Board of Appeals? Yes ( ] No O my- �nn? irant,s name Application to Petition for a variance :; trio property within a Historic District? Yes [ ] No [}3 Is the property a Designated Landmark? Yes [] No W For Historic Department Use only—* Not Applicable [] OKH Plan Review Number Date Approved Signature: Have you applied for a building permit? Yes [] No [)I Has the Building inspector refused a permit? Yea [] No [� All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved 'Site Plan (see Section 4- 7.3 of the Zoning ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Building Department Use Only: Not Required.......... . ... . [] Site Plan Review Number 'Date Approved Signature: The followings information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, .except single and two-family housing development, will require five .(5) copies of a proposed site improvements plan approved by the site Plan Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See "Contents of site Plan:" Section. 4-7.5 of the Zoning Ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in making its d ermination. Sl / Dater Nov. 1997 �Il ature: - 9�-- Pewpn r Agent s Signature K O ofr as S1 rr c Agent's Address: 40n' . l�a6i� Phone: 2 S�-�6e_�, Fax No. HOPERTY ADDRESS. I I ZONING (DISTRICT CODE SP•DISTS.IDATE PRINTED(STATE I pCS I NBHD KEY No. CLASS 003-c3 PIUCO ROAD .05 RF 5GG 05W8 07/09/95 1011 OU IJAC R215 OU3. 13,2733 LANDIOTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS L:rna eylome S,ee D�mena�on v UNIT ADPRI VALUE x UNIT P ACRES/UNITS De ,peon J 0 H N S 0 N, N A N C Y L TRUSTEE 4 MAP- h GD FF oe mlAnes LOC./VR.SPEC.CLASS ADJ. COND. PRICE PRICE `L A N) 1 36,300 CARDS IN ACCOUNT - ' 10 1ElLD�.SIT 1 X .3 A=15 182 34999.9 95549.99 .38 365UO .13ILD ;(S'•)-C4RU-1 1 106,400 01 OF 01 - ;)TH-R FEATURE 1 2,600 COST 145500 BATHS 2 .0 U X C= 100 7000.0c 7000.0 1.00 70JU 3 4?L '1OCO RD W BARNSTABLE MARKET 95200 BLA BS,NT RM S X C= 100 41 .6 41.65 d16 340Ju ,j #)L LOT 10 INCOME A FIREPLACE U 1 X ' C= 100 31G0.0 31GG.J 1.00 31'J0 J Jai: 1035 L125 USE O R02 dT UOCK S X 197 C= 75 1 .0 32.7 80 25JU F APPRAISED VALUE J ' A 145,300 U PARCEL SUMMARY LAND 36300 T BLDGS 106400 0-I1l".PS 2600 M TOTAL 145300 E N CNST N DEED REFERENCE Typ. DATE gKaa,a PRIOR YEAR VALUE T BOOk' P. I.M. MO. Yr ID Sole.Pric. LAN D 36300 S SIaS/345r It10/35 145000 3LDGS 109000 4)/15C1 IJO/00 TOTAL 145300 13UILDING PERMIT POND FRONT...... Number 0u0 Tvq Amptnt La Nu LAND-ADJ INC ME SE SP-6LDS FEATURES BLD-ADJS U,AIT3 36.333 I 2600 441061 U C lasa Consl Total Base Rate AOI Rate Voar Bull) Age Norm Oo^d CND Loc I pl M R G Rep. Cost New Ad, Re V.lue Sl .. Hey N Rooms Rma B.tn. •Fi.. Put Units nns A I Deer C o p yw.e F.c. J1C ODU 100 100 56.40 56.40 64 75 19 80 100 80 133030 1Ji4JJ 1 .:: 1U 4 2.0 S.6 L`eacrpuon Rate Soeare.Feet Repl.Cost MKT.INDEX: 1 JG IMP.BYIDATE. / SCALE. 1 /OG.T3. ELEMENTS CODE CONSTRUCTION DETAIL ijAS 1J'J 56.40 15.52 87533 ROSS AREA 1552 SINGLE FAMILY DWELLING' C:IST iP JU FUN 35 19.74 '32 632 * ------------36------------* STYL= J3 ANCH 0.0 -----------------= - F,ID JS 3.50 90 755 - +---10--+ !' SESi:;IT �DJ,OT lJ0 _ _ ')_0 --- ----------- *---14---* FWD v ! =X(Ea. J.aLL.i J1 �J005 .FPAME--------rr.0 ! 6 ! ! Ar.ail;�c TYPE ..JIL 'l.. ! *--=10--* i.�ir,I3H Ju ---------------- O.I. ! 26 IidT_"2.L _ 4YUIJT 11 -- - -- ! JASE ! IiNT-_I. ISACTY J2i 11-iE XS Ek _EZif u 24 ! pIT� W! ! =FC:),)R CaV=R JG ------ --------- rt.0 E IT.IalA, 122 Baae- 1552 -Ju ----------------- -- "..� -- .L-c - - - - --------------- BUILDING DIMENSIONS ! f�1 {I.L I T6AS W2:j SU4 FOP E08 N04 W03 SO4 � *--a--*--2u--------X rua.:l)A,71-a;i - JA ---- -- - ---------------------- NoAS W36 IV 4 E14 S06 E10 FWO ! 4 FL'F' 4 - Jci i.H'.i3RNO•JL S17AC HEST yARNSTA..Lr U9 W10 S09 E10 .. 9AS N12 E38 *-----------36-----------*--8--* - - -- - - ---; L S2J LAND TOTAL MARKET ,PARCEL 36300 145300 AREA 16538 VARIANCE +0 +77'y iTAAVARD 25 I Ccrrtet�a pond prod ghi4 lot doeti not jatt within the I00 Ne Et Uood cone. i No changea have been made in .the ''ot 10 last 4even yeaA,,- 16625 59 .Pot 9 .Cot 11 l 0 a Itep1 ghe buitding .shown on thi s. plan il& located on the yiwwa " shown heae- 1 overt ha q on, n rr.� and met the eet-back "Xl e� o the dow o, �ah .table when u i.Lt rW/J&,#z dwe,L . N I lKe r# 38 ° . � AI,,L Cape £ " s } 3ii u9 .':a4boz road Aa, 02601 i 4set � o bate 2-I 5-90 rioco '?oad �.et 9-13-97 �10 � wide i rro�rtrja --Swwey ieing lot 10 as ahown on a plan #, cost d in Dated book 173 pa�ye 9! - Dated 8-20-62 f 4� �/ f�tiepa�ted�ohndon. opt: hanc-y i~ 4 ha.i n Jx&"t 14q' i a, r�. 02601 MI NE Nf� .y '� �2a;G oa• ISTERE�JQ,�� ;(.LA s 2-2 68 6 IBM 14-2 v • ADM 49M C., 16.' M7 4104 -'7 Voco 7-.M�zz—- [43 28-1-2 28- lax q om IBM r, K *m fm C7- Imx 0141 MAP 21 L 008 N H NSON �� SCALE: i"=200" AMOUR IMPORTANT MESSAGE For J A.M. Day l� Time /��" P.M. M Of Phone FAX Area Code Number Extension MOBILE Area Code Number Extension Telephoned Return d your call RUSH Came to see yo Please S call ci attenti Wants to sm Will call again C er on h Messa j Sign -`GZ universar 48023 LITHO IN U.S.A. S-n iO i1 LAW OFFICES OF PHILIP M. BOUDREAU 396 NORTH STREET 17 71 '�. . HYANNIS,MASSACHUSETTS 02601 N O V - 7 1997 Telephone:(508)775-1085 Telefax:(508)771-0722 ;OVVN OF dARNSTABLE LICENSING AUTHORITY Philip M.Boudreau Philip Michael Boudreau Mark H.Boudreau November 5, 1997 Mr. Jack Gillis Town of Barnstable Licensing Authority 230 South Street Hyannis, MA 02601 Re: Magistrate's hearing Gillis v. Johnson Dear Jack: I Enclosed please find photocopy of correspondence which I have faxed and mailed this date to the Barnstable District Court relative to the above hearing. As you will note from the enclosed letter, I have requested that the hearing be continued to the last Thursday in February. i Thank you for'your attention to this matter. Sincerely, i �.D Mark H. Boudreau MHB/AMB Enclosure i . LAW OFFICES OF PHILIP M. BOUDREAU 396 NORTH STREET HYANNIS,MASSACHUSETTS 02601 i Telephone:(508)775-1085 Telefax:(508)771-0722 Philip M.Boudreau Philip Michael Boudreau Mark H.Boudreau November 5, 1997 VIA FACSIMILE TRANSMISSION & REGULAR MAIL Clerk Barnstable District Court P.O. Box 427 Barnstable, MA 02630 Re: Gillis v. Johnson Application No. 9725 AC 005764 Dear Sir or Madam: The parties in the above action have agreed to continue the hearing scheduled for tomorrow, November 6th to a date in February, 1998. 1 would respectfully request that said hearing be continued to Thursday, February 26, 1998. Thank you for your assistance. Sincerely, Mark H. Boudreau /MHB/AMB �/ cc Jack Gillis I I ATION NO. 1 e < NOTIT b ,;< .INN Mict ' i,ourt of'Massachusetts 9725 AC 005764 5.;::. D r mei 0C ::..:::I ............................ :: Court De pa t ::»:::::::»::::>::>::»::::>:::: P DATE OF APPLICATION DATE OF OFFENSE CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 7/24/97 3/19/97 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (5 0 8) 3 6 2-2 511 NANCY L JOHNSON DATE OF HEARING .4c— 245 PARKER ROAD' 9/0 4/9 7 MUST APPEAR AT W BARNSTABLE MA 02668 TIME OF HEARING ABOVE COURT ON THIS DATE AND 2 : 00 PM W SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK PO BOX 2430 HYANNIS f MA 02601 FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you,have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. DATE ISSUED CLERK-MAGISTRATE 1 7 8 39 ATENC16N:ESTE ES UN AVISO OFICIAL DE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUC06N. ATTENTION:CE91 EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.St VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZ10NE. ATENCQAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LER INGLES,OBTENHA UMA TRADUQAO. LUU-Y: DAY LA THONG BAO CHINH THUC CCUA TOA-AN,NEU BAN KH6NG DOC DUOC TIENG ANKH,HAY TIM NGUOI 6IC1H�Ha. on 31 CH2 8/13/97 11:29 AM i T.— WHILE YOU WqfIE OUT M Of Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL ^'Meesege 9' `- ' Operator AMPAD EFFICIENCYO 23-023 CARBONLESS C--e�.,Q� ?��i-ZS�-�'r'�'.L� GQ�rcy CcJ�L�� I �, �� I � � wl �� �. /� `� � /�' �,� . . �� . , ,: >G # > APPLICATION ION NO.»E Trial Cour t f Massac husetts tts725 AC 005764 a xx :: .. ........: .:: . District Court De artmei>C > COUNTS DATE OF APPLICATION DATE OF OFFENSE CITATION NO COURT NAME&ADDRESS NO.OF COU 7/24/97 3/19/97 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (5 0 8) 3 6 2—2 511 NANCY L JOHNSON DATE OF HEARING E-- AINANT 245 PARKER ROAD 11/0 6/9 7 MUST APPEAR AT TIME OF HEARING ABOVE COURT ON W BARNSTABLE MA 02668 � THIS DATE AND 2 : 00 PM ZME SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK PO BOX 2430 HYANNIS MA 02601 AUG, 2 8 1991 roe'.. FIRST SIX COUNTS _ C S.AN!j1"'EASOURES s�A � 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL�����1� I I, -TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. L j 3:>DATE ISSUED CLERK-MAGISTRATE 8 7 7 2 9 ................. ATENC16N:ESTE ES UN AVISO OFICIAL DE LA CORRE.SI LISTED NO SABE LEER INGLES,OBTENGA UNA TRADUCC16N. ATTENTION:CE9I EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ LINE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENCAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LEA INGLE§,OBTENHA UMA TRADUQAO. LUU-Y_DAY LA THONG BAO CHINH THUG CUA TOA-AN,NEU BAN KHONG DOC DUOC TIENG ANH,HAY TIM NGU01 RICH Ha. �Aj V,4Y. 41 62 8/27/97 10:48 AM APPLICATION NO. e Massachusetts . NA..T' Trial Court f 9725 AC 005764 urt Department > < < << District Co OFC COUNTS DATE OF APPLICATION....� ��� DATE OF OFFENSE . CITATION NO NO. COURT NAME&ADDRESS 7/24/97 3/19/97 1 1 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 (508) 362-2511 NAME AND ADDRESS OF DEFENDANT NANCY L JOHNSON DATE OF HEARING 245 PARKER ROAD� 8/14/9 7 MUST APPEAR AT W BARNSTABLE MA 02668 TIME OF HEARING ABOVE COURT ON THIS DATE AND 2 : 00 PM SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK PO BOX 2430 I ! HYANNIS MA 02601 FIRST SIX COUNTS , 1 666666 I MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. ":< DATE ISSUED CLERK-MAGISTRATE 7/24/97 �f 1� I ATENCI6N:ESTE ES UN AVISO OFICIAL OE LA CORTE.SI USTED NO SABE LEER INGLfS,OBTENGA UNA TRADUC06N. ATTENTION:CE,I EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS€STES INCAPABLE DE LIRE ANGLAISE,OBTENEZ LINE TRADUCTION. ATTENZIONE:IL PRESENTE€UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. •ATENCQAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LEA INGLE9,OBTEN HA LIMA TRADUr,AO. LUU-Y:DAY LA THONG BAO CHINH THUC CUA T6A-AN,NEU BAN KH6NG DOC DU.00 TIENG ANH,MAY TIM NGd01 RICH H6. '��1� ���d x..� 1 � on CH2 7/24/97 11:25 AM APPLICATION ❑ ' ADULT APPLICATION NUMBER(COURT USE ONLY) i . Trial Court of Massachusetts 4 FOR COMPLAINT ❑ JUVENILE District Court Department The within named complainant requests that a complaint issue ❑ ARREST IR REQUEST HEARING COURT DIVISION ' against the within named defendant.charging said defendant with the offense(s)listed below. ❑REQUEST ❑ REQUEST SUMMONS WARRANT (one or more felonies) NO.COUNTS POLICE DEPT.CODE POLICE INCIDENT NO. OFFENSE DATE OFF.LOCATION CODE ARREST DATE CITATION NO.(if applicable) EF NDANT IDENTIFICATION LAST NAME FIRST NAME MIDDLE NAME Yefitzel Jennie M. (Trustee) (MRS Trust') ALIAS NAME(LAST.FIRST.MI) STREET ADD SS 245 Parker Road CITY STATE ZIP HOME PHONE West Barnstable MA 02668 CITY OF BIRTH STATE OF BIRTH i ( SID NO. PCF NO. LICENSE STATE MARITAL STATUS SEX ETHNICITY HEIGHT WEIGHT COMPLEXION HAIR EYES FT IN LEIS OFFENSE INFORMATION CHAP./SEC./SUB. TOB Zoni CRIPTION Did use sngle family dwelling as OFFENSE DATE 1. C3 A3 S3-1 .4-1A ; VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED UBSTANCE/TYPE& LUE OF PROPERTY/ HER VARIABLE) CHAP.,S ./SUB. DESCRIPTION OFFENSE DATE 2. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP.,SEC/SUB. DESCRIPTION OFFENSE DATE 3. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTWOTHER VARIABLE) �CHAP.,SEC.iSUB. DESCRIPTION OFFENSE DATE 4. VARIABLES(e.g..VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) IS DEFENDANT IF NOT IN CUSTODY.BAILED TO COMPLAINANT(OFFICER CODE OR NAME AND ADDRESS) CO-DEFENDANT NAME(S)IF ANY IN CUSTODY? YES 0 NO 0 M. DATE TIME WITNESSfES)(OFFICER CODE(S)OR NAME(S)AND ADDRESS(ESI. I I 1 ' NAME AND ADDRESS OF EMPLOYER(S)OF DEFENDANT MOTHER'S MAIDEN NAME(LAST.FIRST.MI) FATHER'S NAME(LAST.FIRST.MI) 1 i EMPLOYER PHONE DEFENDANT WORK PHONE OCCUPATION - DESCRIPTION OF INCIDENT(or attach on separate Paget X Jack Gillis 7/23/97 SIGNATURE OF COMPLAINANT DATE DGCR2A r 931 f I Town of Barnstable Department of Health, Safety, and Environmental Services �TME Consumer Affairs Division 230 South Street, P.O. Box 2430 B"H''STM Hyannis, MA 02601 Tel: 508-790-6250 MASS. �`e� Fax: 508-778-2412 Jack Gillis Supervisor MEMORANDUM i TO: Shelly Nunes, Barnstable First District Court i FROM: Loi's Lomba, Office Assistant SUBJECT: Request to Change Court Dates DATE: August 26, 1997 Please make the following court date changes as follows: 1 Jay J. Curley 24 Yale Avenue Wakefield, MA 01880 9725AC005768/Miscellaneous Munic Ordinance/Bylaw Violation Court Date: 8/28/97 4 Reschedule for: 9/18/97 I , Nancy Johnson 245 Parker Road West Barnstable, MA 02668 9725AC005764/Miscellaneous Munic Ordinance Bylaw Violation Court Date: 9/4/97 Reschedule for: 11/6/97 i cc: Nancy Johnson Jay J.Curley w/j/ord/regcrtch Town of Barnstable Department of Health, Safety, and Environmental Services 230 South Street, P.O. Box 2430 WE Hyannis,MA 02601 Tel: 508-790-6250 Fax: 508-778-2412 snxNsrnsu, Mnss. '°�irotp Thomas F.Geiler,Director PLEASE FORWARD THE FOLLOWING PAGE(S) TO THE FOLLOWING PERSON(S) TO: ' RECEIVER'S FAX#: ° I FROM: r� DATE: ��lQ 7 PAGE(S): Excluding cover sheet COMMENTS: i Thomas N. George, Attorney 17 THACHER SHORE ROAD•YARMOUTH PoRr,MA 02675 • (508)775-5386 • FAX: (508)362-7804 RECEWED August 11, 1997 AUG 9 39917 TOWN OF BARNSTABLE LICENSING AUTHORITY I Civil Clerk, Criminal First District Court Route 6A Barnstable, MA 02630 Re: Town of Barnstable v. Nancy Johnson Case No. 97-25AC-05764 Dear Madam Clerk: I With regard to the above a complaint due for hearing on 14 August 1997, I have spoken with the complainant. It is agreed that this matter may be put over for hearing on 4 September 1997 same time and place. Very truly yours, o s N. eorge TNG/rl cc: vlack Gillis, Licensing Agent Town of Barnstable 268 Main Street Hyannis, MA 02601 Nancy Johnson P. O. Box 342 Hyannis, MA 02601 i I 07/09/1997 14:16 508-362-3241 WEST BARNSTABLE FIRE . .. . , 'PAGE 02 WEST BARNSTABLE FIRE DEPARMENT 2160 MEMINGHOUSE WAY P.O. BOX 456 WEST BARNSTABLE, b1A 02668 JOHN P. JENKINS Chief of Department EMERCiENCY: 852-8181 - BUSINESB: 862.8241 FAX 362-3241 i July 8. 1997 Nancy Johnson, Trustee Jennie M. Wentzel, TR P.O. Box 342 Hyannis, Ms.02801 Following a conversation with Town of Barnstable gas inspector Ed Jenkins,the LP gas to one of the two hot water heaters located at 38 Moco Rd.,West Barnstable was shut off on July 7, 1997 due to an extremely dangerous condition of the vent pipe.When this situation was brought to Mr.Jenkins attention, he authorized the West Barnstable Fire Department to shut down the gas to that particular appliance. Eastern Propane,the gas supplier,has been Informed also. Because this lam falls under the iuriedlction of the gas Inspector, please direct any inqukies to his office. � Christopher . Standish-Lieutenant Fire Prevention Officer CC. Gloria Urenas-Barnstable Building Dept. Edward Jenkins-Barnstable Gas Inspector y i i } I 07/09/1997 14:16 508-362-3241 WEST BARNSTABLE FIRE PAGE 01 zf N � WEST BARNSTABLE FIRE DEPARTMENT WEST BARNSTABLE, MASSACHUSETTS 02669 a MAILING ADDRESS: P.O. BOX 456 WEST-BARNSTABLE, MA 02668 JOHN P, JENKINS SHIPPING ADDRESS: 2160 MEETIVCHOUSE WAY FlRl cHlEF WEST BARNSTABLE, MA 02668 BUSINESS (508) 362-3241 FAX (506) 362-3241 G AC O C N 0 L E COVER SHEET DATE: FILE # TO: � _ FAX FROM: L f NUMBER, OF PAGES INCLUDING COVER: REMARKS: WBFD form 92 7/92 • TOWN OF BARNSTABLE • BGSAFE PARCEL ID 215 008 GEOBASE ID 13273 ADDRESS 38 MOCO ROAD PHONE W. Barnstable ZIP LOT 10 BLOCK DBA LOT SIZE DEVELOPMENT DISTRICT WB PERMIT 24270 DESCRIPTION REGARDING VENTING PERMIT TYPE BGSAFE TITLE GAS SAFETY INSPECTION CONTRACTORS: ARCHITECTS: TOTAL FEES: 1 BOND CONSTRUCTION COSTS $. 00 753 MISC. NOT CODED ELSEWHERE OWNER JOHNSON, 'NANCY L TRUST ADDRESS WENTZEL !JENNIE M TRUSTEE 245 PARKER RD WEST BARNSTABLE MA DATE ISSUED 07/08/1997 EXPIRATION DATE 7���'7 wit�'�c dK.�,�J cR dEiv'%vG �,E.��� RErt,,•,�� P/97 OK Department of Health, Safety and Environmental Services O i Al i BUILDII#G OMSION . BY �/,09/1997 14:16 508-362-3241 WEST BARySTABLr. r!R= PAGE 2 0 .y `9 WEST BARNSTABLE FIRE DEPARTMENT 2160 MEVITNGHOUSE WAY P.O. BOX 456 WEST BARNSTABLE, MA 02888 JOHN P. JENKINS Chief of Department EMERGENCY: 862-8181 BUSINESS: 882.8241 PAX: 3$2.3241 Nancy Johnson, Trustee July 8. 1997 Jennie M. Wentzel, TR P.O. Box 342 Hyannis, Ma. 02601 Following a conversation with Town of Barnstable gas inspector Ed Jenkins,the LP gas to one of the two hot water heaters located at 38 Moco Rd., West Barnstable was shut off on July 7, 1997 due to an extremely dangerous condition of the vent pipe.When this situation was brought to Mr.Jenkins attention, he authorized the West Barnstable Fire Department to shut down the gas to that particular appliance. Eastern Propane,the gas supplier,has been Informed also. Because this fern falls under the Jurisdiction of the gas Inspector, please direct any inquiries to his office. Christopher . Standish-Lieutenant Fire Prevention Officer cc. Gloria Lirenas-Barnstable Building Dept. Edward Jenkins-Barnstable Gas Inspector i NANCY L. JOHNSON P.O. Box 342 Hyannis, Massachusetts 02601 i I July 3, 1997 Mr. Jack Gillis Licensing Department P.O. Box 2430 Hyannis, MA 02601 Dear Mr. Gillis: Per our telephone conversation of July 2, 1997, I am responding to several issues past, present and future relative to 38 Moco Road, West Barnstable, MA 02668. To clarify events leading up to the evictions and court orders now in progress at this address, I will start by listing the facts as they occurred. According to Deborah McClellan, the building inspector went to the lower level and told her she was living in an illegal apartment. He inspected the complete apartment. This tenant stated to her housing representative, and to me, that he told her to start looking for a place to live. She would have to move immediately. (This was either in late February or early March.) Nevertheless, I received a letter later in March, which was dated March 19, 1997. At the time, no one lived upstairs. During a conversation with the inspector, I told him I was in the process of evicting the tenant. He made no mention of the upper level. I also spoke to the Housing Assistance Corporation representative, as well as the program director. I served a 30-day notice, effective for May 1st. I expected that she would vacate at that time. Previously, she said she was actively looking. I personally offered her four possibilities, and she declined. I felt that in doing so I was being more than fair, taking into account what had transpired the past 2 1/2 years. I would be remiss if I did not tell you that I pay oil and electric, and having the main house vacant caused a severe financial drain all winter. I have to supply this to Deborah under her lease. It would be a criminal offense to allow these utilities to be turned off even for nonpayment. I left the main house vacant from December on, because I was planning on selling in the spring. I told this to Ms. McClellan, also. I ` Mr. Jack Gillis July 3, 1997 Page 2 After paying the real estate taxes late in December 1996, and again in spring 1997, and receiving notice from the town about the apartment, which I anticipated would be vacant on May 1, 1997, I decided to rent the complete house to one family. It is at this point that I had the misfortune of receiving several telephone calls from a Susan Mahoney, whose stories, interviews and references I believed. I won't go into- the details at this time. She moved in on May 2, 1997, and has not paid rent since then. As you know, Deborah McClellan was given a reprieve in court and now they appear to practically be living together, both with additional people not those originally agreed upon. During the past three months, I have had difficulty getting in to make repairs. I have experienced extremely abusive language and behavior from Mrs. Mahoney and a man she says is her brother. I learned from Attorney Carol Shafer's notice that others were living upstairs. It was my understanding that Mr. and Mrs. Mahoney and children would take the whole house when Deborah McClellan moved in May. This would allow her the use of the lower level for a brother to move in. I informed her that renovations would have' to be made prior to his moving in. After one of the times I tried to have work done, Mrs. Mahoney called the Board of Health, Fire Department, etc. This is a common ploy to halt evictions. However, I am moving forward with her eviction and hope the judge will rule in my favor, and not require negotiation, mediation and all the legal maneuvers. I understand that both tenants have opened the doors separating the upper and lower levels. They appear to be living as one group. They have two unlicensed dogs (most likely not inoculated) . The large one barks and is intimidating to the workmen and others, and an annoyance to neighbors. I just hope they do not bite or have rabies. Ms. McClellan stated to me in court, and in front of Attorney Shafer, that the boyfriend's dog was no longer there. The boyfriend is not on the lease, but does live there. When I interviewed the Mahoney's, I did say they could have their small, older dog if it were. licensed. They have not complied with my request; however, the dog will go with the eviction. i Mr. Jack Gillis 'f July 3, 1997 Page 3 I I am enclosing copies of documentation of the events that have taken place. At this point, several options are open; i.e. , family use, sale of property, or consider one of the three suggestions made by Mr. Crossen. i I will keep you advised as to the upcoming business. As you can see, the process is slow. Sincerely, I L Nancy L. Johnson NLJ/m Enclosures � I cc: Ralph Crossen, Building Department Christopher Standish, West Barnstable Fire Department Tom ,McKean., Board of Health i • NANCY L. JOHNSON P.O. 'Box 342 Hyannis, Massachusetts 02601 July 3, 1997 Mr. Jack Gillis Licensing Department P.O. Box 2430 Hyannis, MA 02601 j Dear Mr. Gillis: Per our telephone conversation of July 2, 1997, I am responding to several issues past, present and future relative to 38 Moco Road, West Barnstable, MA 02668. To clarify events leading up to the evictions and court orders now in progress at this. address, I will start by listing the facts as they occurred. According to Deborah K: Clellan, the building inspector went' to the lower level and told her she was living in an illegal apartment. He inspected the complete, apartment. This tenant stated to her housing representative, and to me, that he told her to start looking for a place to live. She would have to move Immediately. (This was either in late February or early March.) Nevertheless, I received a letter later in March, which was dated March 19, 1997. At the. time, no one lived upstairs. During a conversation with the inspector, I told him I was in the process of evicting the tenant. He made no mention of the upper level. I also spoke to the Housing Assistance Corporation representative, as well as the program director. I served a 30-day notice, effective for May 1st. I expected that she would vacate at that time. Previously, she said she was actively looking. I personally offered her four possibilities, and she declined. I felt that in doing so I was being more than fair, taking into account what had transpired the past 2 1/2. years. I would be remiss if I did not tell you that I pay oil and electric, and having the main house vacant caused a severe financial drain all winter. I have to supply this to Deborah under her lease. It would be a criminal offense to allow these utilities to be turned off even for nonpayment. I left the main house vacant from December on, because I was planning on selling in the spring. I told this to Ms. McClellan, also. Mr. Jack Gillis July 3, 1997 Page 2 After paying the real estate taxes late in December 1996, and again in spring 1997, and receiving notice from the town about the apartment, which I anticipated would .be vacant on May 1, 1997, I decided to rent the complete house to one family. It is at this point that I had the misfortune of receiving several j telephone calls from a Susan Mahoney, whose stories, interviews and references I believed. I won't go into the details at this time. She moved in on May 2, 1997, and has not paid rent since then. As you know, Deborah McClellan was given a reprieve in court and now they appear to practically be living together, both with additional people not those originally agreed upon. During the past three months, I have had difficulty getting in to make repairs. I have experienced extremely abusive language and .behavior from Mrs. Mahoney and a man she says is her brother. 'I learned from Attorney Carol Shafer's notice that others were living upstairs. It was my -understanding that Mr. and Mrs. Mahoney and children would take the whole. house when Deborah McClellan moved in May. This would allow her the use of the lower level for a brother to move in. I informed her that renovations would have to be made prior to his _moving in. After one of the times I tried to have work done, Mrs. Mahoney called the Board of Health, Fire Department, etc. This is a common ploy to halt evictions. However, I am moving forward with her eviction and hope the judge will rule in my favor, and not require negotiation, mediation and all the legal-maneuvers. I understand that both tenants have opened the doors separating the upper and lower levels. They appear to be living as one group. They have two unlicensed dogs (most likely not inoculated) . The large one barks and is intimidating to the workmen and others, and an annoyance to neighbors. I just hope they do not bite or have rabies. Ms. McClellan stated to me in court, and in front of Attorney Shafer, that the boyfriend's dog was no longer there. The boyfriend is not on the lease, but does live there. When I interviewed the Mahoney's, I did say they could have their small, older dog if it were licensed. They have not complied with my request; however, the dog will go with the eviction. 'J Mr. Jack Gillis July 3, 1997 Page 3 I am enclosing copies of documentation of the events that have taken place. At this point, several options are open; i.e. , family use, sale of property, or consider one of the three suggestions made by Mr. Crossen. I will keep you advised as to the upcoming business. As you can see, ithe process is slow. Sincerely, I Nancy L.. Johnson .NLJ/m Enclosures cc: Ralph Crossen, Building Department Christopher Standish, West Barnstable Fire Department -Tom McKean, Board of Health Town of Barnstable . Department of Health, Safety, and Environmental Services ' wwsr�ets. � , M Public Health Division Eo 367 Main Street, Hyannis MA 02601 Office: 508-790-6265 nomas A.McKean FAX: 508-775-3344 Director of Public Health June 26, 1997 Nancy Johnson, Trustee 245 Parker Road W. Barnstable, MA 02668 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 38 Moco Road, West Barnstable, was inspected on June 24, 1997 by Jerry Dunning, Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code II, inimum Standards of Fitness for Human Habitation were observed:�A,s 7e '.I'w�IV Pd - 410.251: � � The lower level kitchen overhead lights were inoperable .• r/��f�� �Pe� ��- /�L10.250: �I3��'The lower level bathroom ceiling lights were inoperable. �N A eAC ��( 410.020 The lower level rugs were damp apparently due to the outside water coming in through the foundation. AFT Ae er f_ -A/P`,vr- 410.351: �I� The kitchen sink faucet would not turn off. ater was leaking un ern t P sink The bathroom sink was also leaking. -5; /v)/ V 410.351 'I--The main floor kitchen sink was leaking. � �gs I mfo el e zo 114AsA r". 'V 110.551:001 No handles provi ed. t the ma'n floor kitchen windows. i 3(I 17� C�� jvGT �� ?. 110.482. Smoke detectors were inoperable in storage area. The West Barnstable Fire Department was immediately notified. �eP �/All i v l�l�kte, 11Ydif 7 410.481: Owner's name, address and phone number not posted. — O/z) ",a 6 �t°w) ado. ��c.l �; i►,s \�-�Cf?/VSl ice,/ • . C r ' - NEST BARNSTABLE FIRE DEPARTMENT ♦ usM O • 2160 MEETINGHOUSE WAY P.O. BOX 456 WEST BARNSTABLE, MA 02668 rl � JOHN P. JENKINS Chief of Department EMERGENCY: 362-3131 BUSINESS: 362-3241 FAX 362-3241 June 25, 1997 Nancy Johnson, Trustee Jennie M. Wentzel, TR. P.O. Box 342 Hyannis, Ma. 02601 The West Barnstable Fire Department inspected the property owned by you at 38 Moco Rd., West Barnstable on,Tuesday, June 24, 1997 at 3:00 pm following a complaint from your tenant Susan Mahoney. Also present at the time of our inspection were Debbie McClellan(another tenant) and Jerry Dunning from the Barnstable Board of Health. Upon our inspection, we found several safety problems and code violations as well as other safety concerns outside of the jurisdiction of the Fire Department: ` 6 e da --Several large holes in the chimney connector at the barometric draft control(527 CMR 4)t --Oil burner replaced within the last year without a fire department permit(527 CMR 4) Xe --Stacks of combustible materials against oil burner(527 CMR 4)�A14� ' P,6r1s Re. 0 Alf 7 --No permit for storage of propane(527 CMR 6) r`l/a j' u'" -•No operating smoke detectors(MGL 148 269 A4,e, Re. � - Trey �i/ rv�.t��l 0��97 r rre 0-r` Inadequate egress from basement apartment bird v J - JJ v - - Unsafe stora of large amounts of paper, cardboard, fJmiture etc. in basement --House number not visible from road -4W#9 t ory 1&119:/Eaor- NPW a•vN,r mac✓ •s� I am also concerned because the Fire Department was not aware that there were any multi-family dwellings in this area. Lack of this information would greatly hamper any rescue efforts should the need arise. IeJ �S'You are hereby ordered to bring your oil burning system into compliance with the curr p standard(527 1' " CMR -to furnish the entire house with properly functioning smoke detection systeK,,-and acquire ( � rm o store propane as well as remove the discarded (but not empty)propane cylinders within 72 flours . 'S of receipt of this letter. In the mean time, the oil burning equipment has been disabled and shall remain so P�' until the system passes inspection. All permit fees shall be paid prior to initiation of work as well as a$10 fee for the smoke detector system inspection. Ile c/ Ao el1 7 �os Co. w-ri /,, 0y�N�,��. J �e, Christopher R. Standish - Lieutenant �,r,.�;t a/i� jf/. ,� ARP Fire Prevention Officer cc. Ralph Crossen, Barnstable Building Dept. Thomas McKean, Barnstable Dept. of Health ev J- %!�= I� Roger A. Medeiros Electrician 717 Cedar St. W. Barnstable, Ma.02668 June 30, 1997 Ms. Nancy Johnson P.O. BOX 342 Hyannis, Ma. 02601 Dear Nancy, h On the above date 1 was asked to repair/replace smoke detectors at 38 Moco Rd On arrival at this address 1 determined that all smokes should be replaced. 1 installed 2 smoke detectors on the first floor, I by the bedrooms at the entrance side and I in the far side bedroom. Also, I installed 4 smokes in the basement, I at the bottom of the stairs, I just behind the entrance door to apartment, I in hallway by bedrooms on the wall and I in the unfinished basement. If there is any.further problems or questions please don't hesitate to call. Sincerely, Roger A. Medeiros Master Lic. A 13569 P.S Upon arrival at this address, first floor tenant said, .she was not informed about my appointment and that she didn't have to let me in. I told her that was her decision and whatever she wanted 1 would comply with. She let me proceed with my work. 02951 CUSTOMER'S ORDER NO. DEPARTMENT DATE vZ NAME i�liriC � O r!s"O yi ADDRESS OC'U ry ' CITY,STATE,ZIP SOLD BY CASH O.D. CHARGE ION ACCT. RMDSDE PAID OUT 1 a l✓ S �.cS" -oo 2 3 rJ00 4 5 6 G� a �00'f/ 7 8 i 9 v fj✓j G 10 ✓or- �� 11 ems- Ci"r/70�L 12 13 14 r815 ,6or r3 , 19 ih 20 RECEIVED B -KEEP THIS SLLI�PIGINAL FOR REFERENCE : RDC 5805 t r _ U � G TO-- - ol loor �cJ ri7 cS,�c6✓�— ��G. TERMS CG �-i� f1z"H C rrH O' � � o c.t✓ a v a U o TOPS FORM 3409 LITHO IN U.S.A. i �.�i��'S"""-?�::."llbi'_"�S^�`'+tw �f' ertt±:e.:^�T33tic_±�?±[$+e'Jx..:e..aka:.ma:+aiv�a�;�:ee,w.................•:_...M..n..ae.w�.araW:�+,.�o.. q r A lj I SERVICE WILL CALL I HONE ❑ INSTALL El DELIVER E NAMI: MAKE Y ' , AU�,is / API. MUULL — SLRIAL ircu rn on��..•.•Ep ` NATURE OF SI NICE REOUE5r I 6 ii N CO oO r1) x DESCRIPTION OF PARTS OR MATERIALS . MOUNT 04 00 ICY �a AR En C9 g w� �t•;-2 1 ku = ' N y � _�_��GAG•'_ —�___ �. a I ® _ I I Lu • I I r NIAL ° /r• �L �MATERIAL _ -10'AL ' _ TOTAL [ .�'� _AMOUNT f,nll: AL--,- WAN//II I) ..I DI I,O:'.I I' III CI IVI Il-Rf L'.iIIMAI I_;;n111_F OI11-AI11)I t UNI.\',retAI I.R1AI AI I)I IIONAI-VVI t711 I ra�I n: I:I II'�)il'dlL'1�Ult l 11 u•�r,Ull unrvtnrl Cni rd U I ORIGINAL BY I-IRE,rNL•F'I'•lESIIN(;OR ANY O11II II I.AU:,I.::III.YUrIU UUII CONrROL. JOB WORK ORDER AUTI-10(tizEO BY: TERMS - NET CASH P NO GOODS HELD OVER 30 DAYS it To I� Date ���U!�� Time WHILE YOU pWERE OUT M U Phone 36,�Z Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL I- y Message �0. VLC-1 J-UW'��V Operator i/ AMPAD 23-021-200 SETS /`— EFFICIENCY® 23-421-400 SETS CARBONLESS _ _,_� �_ �� r _ � _� i f _ f ' 4 '�� i �_ ;5 �� z � \�,�;� �. ��5 ��� �� . ���'-�' � ��-� - - __ - _ Nancy L. Johnson P.O. Box 342 - Hyannis, MA 02601 ti _ U.S. POSTAGE E1Pt ti� HY0 �°S.�,q 02601 O JUL 19.'97 f?NOUS'!T • 1 3 6 Mr. Ralph Crossen Z 368 671 Building Inspector Town of Barnstable South Street Hyannis, MA 02601 + `rf 02951 CUSTOMER'S ORDER NO. DEPARTMENT DATE NAME / ADDRESS l Yam- CITY,STATE,ZIP SOLD BY O.D. CHARGE ION ACCT. RMDSDE PAID OUTCASH • DESCRIPTION • 1 a �� s �;s• �,00 2 3 r 4 51 oovr_S 6 i 7 i 8 9 �,616i G 10 11 Gi- C�rr1o!'L � i 12 sue- Cam/ ram- rr 13 ,/ 14 15 16 17 18 19 /A 20 RECEIVED B 40 EEP THIS SLIP FOR REFERENCE } ORIGINAL j RDC 5805 J •'j G % ZZE r- � G TO KRIE �TERML ih _ao ICY i/� r G �'n" r dY 4 TOPS FORM 3409 LITHO IN U.S.A. i RAPID MEMO l � ' ( .lM - _�. xttrirs i?ir{ I.;S, rsDVX'3 (508) 771-1 1 90 i Y' f � r(.(: tt:.... .-1 `15.. � ''ss u::• t,, ,ry JvS �,Vf a :y Yr , ' .. / � _ ,dS1�t [ . CC .Rosd- F�t ='r Completion' of repairs" pis On Wadmill f ; :.. XOGG re sins,,' 'ire' ueated by tenant le 's V:: ,:.,' Aj- t ', i '{ ' •,' 1 c ..�i3�r., �i4�` "� !", i i' III , � t f s ,iy�,K"��' ' (e ar'•�.tu tot. +i, i a M,•.t ` +x t ;i�it! K - _ "?,c�'�.•�ct4'�'�! f, S+r'?'}G,�� :ij�•l� .f�'�'jiYii�*��•gN,���'tt'�R�;�l'� �YZiu, .isi��,�K1{g1��ii�'S"`,,. y��r�t�y{�yi1��'�r r�� �',�,2` -f� + r.L,: ir�r ' a ( r si�-YY �,�� ♦;?� ~�„�'*!t .y` ..[ R +r �,+• ✓j rti��vi�•u?1'+r r"•L�, � 'S+�F`.f" .'t,R,�, f, t•�✓.t>��a'�'Y i..,y Fq{M+,-'• �•'.^[T�F�ice`• l' ..� V V 'Il�I�,;r• �, n ��'� .yip fp, g a 47'` . y �• tw + 1 18130 wish to receive the i w► *it to►aedMt"MOM M. bWMng services(for an `. 4s,efts Ib.� n •����.�'a��,,,,o,tut we cran,rtum>N. extra tee): Z 368 664 126 t: W on the b *a>�dom not t.❑ Addrsaase's Address us Postal service , ,,,,�,,, „�,,,�.� Z p Reced oeNverY Receipt for Certified Mail ,�d1lv�nd end to dete Conattn poslmeater for fee. ' No Insurance Coverage Provided. t * Do not use for Intemationai Mail see reverse �' 4a Mlle Number �j Sent to c± �OS ,, �a` y i• .�11/ a 3G F' li G 7 E Street a iVuW r I' b�//� !';� LJ'�0 ✓ 4b.Service Type e4" ❑ Registered Certified ` Post once, te,a ZIP code ,.. 1p Insured . •,'�:,>.•. ��'' ❑ Express Map Return Receipt for Merchandise ❑ COD Postage $ :•} °.x. Da GG� 7.Date Of DetlVerY Certified Fee NirM) S.ddreaaee (ONy fl requested Spedal DeAvery Fee D Restricted Dethrery Fee or Return Receipt Stowing to X (� Whom&D AA I 5 „ �1,December tssa e�sons Domestic Retum Receipt $ PA TOTORM al ch P r Date o r �9l a �9M USES RAPID MEMO • ^�, }-�;'` � ', � _¢.,Tj/:, a-M t , �f r K •,fir;;� t. , - •' ,' }.•{} ,j�C !� .J,P V Y fly 4��4i�r R"'� i 'J v--M s. +`pelf •l. ��'. .S,'r1' O - 08 ' 10 TO ~ {JbbA 16 0neyLP ra y '{ �F ,a �i -U~ � y'�y f �T �'` 'TO~ 997{h .9 ....*1"+ �ri.7r.-,1'r' i4{s"5 ,r„� ��..'�'�U1k.-F,In✓'- T+ '+''f 'iT . #38 Moco Ro ds-�r orow . . D `'� • ° zasll"0!:'6� b Susan, Mahan; West Barnstable, Me 02668 Dfd> a . tT* 6419 to Omplete repairs We hays 3 slats anon to -acml&+,� t .438 Moan Bn_ W Bazmm -The daf"—are Jsii� 3flth,�--�,t1�, f_;.2�•, s ; .�, that is convenient for you as well as• tb tine that will be most conve ea • vV�s tun can a from fOam V5 3 pa and of those 3 the dmier and wrtbift bh* fie time r Wolin* ;' a�tls lY a� d`► hf'a�, _f . ' Roger A. Medeiros Electrician 717 Cedar St. W. Barnstable,Ma. 02668 June 30, 1997 Ms. Nancy Johnson P.O. BOX 342 Hyannis, Ma. j 02601 Dear Nancy, I On the above date 1 was asked to repair/replace smoke detectors at 3$Moco Rd. On arrival at this address 1 determined that all smokes should be replaced /installed 2 smoke detectors on the first.Jloor, I by the bedrooms at the entrance side and I in the far side bedroom. Also, /installed 4 smokes in the basement, ]'at the bottom of the stairs, I just behind the entrance door to apartment, I in hallway by bedrooms on the wall and I in the unfinished basement. Iflhere is any fitrlher problems or questions please don't hesitate to call. Sincerely, Roger A. Medeiros Master Lie. A93569 P.S 1 Upon arrival at this address, first floor tenant said, she was not informed about my appointment and that she didn't have`to let me in. l told her that was her decision and whatever she wanted/would comply with. She let me proceed with my work. l I t i • I a t L � i • WEST BARNSTABLE FIRE DEPARTMENT usM I ' 2160 MEETINGHOUSE WAY P.O. BOX 456 WEST BARNSTABLE, MA 02668 JOHN P. JENKINS Chief of Department EMERGENCY: 362-3131 BUSINESS: 362-3241 FAX 362-3241 June 25, 1997 Nancy Johnson, Trustee Jennie M. Wentzel, TR. P.O. Box 342 Hyannis, Ma. 02601 The West Barnstable Fire Department inspected the property owned by you at 38 Moco Rd., West Barnstable on Tuesday, June 24, 1997 at 3:00 pm following a complaint from your tenant Susan Mahoney. Also present at the time of our inspection were Debbie McClellan(another tenant) and Jerry Dunning from the Barnstable Board of Health. Upon our inspection, we found several safety problems and code violations as well as other safety concerns outside of the jurisdiction of the Fire Department: --Several large holes in the chimney connector at the barometric draft control(527 CMR 4)t --Oil burner replaced within the last year without a fire department permit(527 G'MR 4) �.S�C (�' --Stacks of combustible materials against oil burner(527 CMR 4)�NA,ttX '7A/q7 --No permit for storage of propane(527 CMR 6)—7rA.gA --No operating smoke detectors(MGL 148 26F) AGc /�'e �e�( T(i e wo,��&' )01y7r ,00 ` Inadequate egress from basement apartment �; J v • - Unsafe storage of large amounts of paper, cardboard, f0'miture etc. in basement e�� r S u�u ,(a --House number not visible from road a.wg.t oti / 1.19;lbdit. NO / 'AVP #J W •� p ���� I am also concerned because the Fire Department was not aware that there were any multi-family dwellings in this area. Lack of this information would greatly hamper any rescue efforts should the need arise. S�j� f p _ ,��'You are hereby ordered to bring your oil burning system into compliance with the curre standard(527 r" pV �pW CMR 44�to furnish the entire house with properly functioning smoke detection syste ,-and acquire a —�t' O �A�i,, l erm o store propane as well as remove the discarded(but not empty)propane cylinders within 72 ours . 'S of receipt of this letter. In the mean time, the oil burning equipment has been disabled and shall remain so P"o until the system passes inspection. All permit fees shall be paid prior to initiation of work as well as a$10 fee for the smoke detector system inspection. ,(1 ` ,C_�AlfiPvr,— ouT 4- Christopher R. Standish - Lieutenant Fire Prevention Officer cc. Ralph Crossen, Barnstable Building Dept. Thomas McKean, Barnstable Dept. of Health ev i ( DAT PHONE SERVICE WILL CALL r { ❑ INSTALL ❑ DELIVER_ 771 i NAME MAKE ,,mac r c ' i �Sc�YJ • AD RESS API'. MODEL I _ SERIAL NAI LIRfi Of;I'IIVICE REOUEST W 04 p 1A N (� UUX� DESCRIPTION OF PARTS OR MATERIALS MOQ UNT o� Lu -j a m _ U) E 1 cc 1 I SU I I I 1_. ® U C I C I a � I X I 111 tu- TAL AI a_. TAX - �r)TAL r � TOTAL L �J ! J I J AMOUNT�...!_'�;_� ,DAi L I t'i3 AN 1 LD I)i_PO;ii( I tI I AAA ESIIMAf L"S ARE FOIi LA130H ONLY,Iv1Al L(tlAl_AUUI IIUNAL.WL Wll I NOI i;l.Itl J;I'UNSIISL(:f OR LOSS.OR DAMAG[CAU•';L.I) ORIGINAL 13Y f IRG,1'Ithf'T.-rr.s INt;UR AIIY 01111 11 t:AI;f'.;III YOND OUR CONTROL. JOB WORK OR13ER AUTI 101117r.D BY: I t'1101 • d 'I"E1=CMS - NE'r CASH NO GOODS HELD OVER 30 DAYS i 4 Town of Barnstable . • Department of Health, Safety, and Environmental Services BARNffrABLA MA88. Public Health Division i639 . � 367 Main Street, Hyannis MA 02601 Office: 508-790-6265 Thomas A.McKean FAX: 508-775-3344 Director of Public Health June 26, 1997 Nancy Johnson, Trustee 245 Parker Road W. Barnstable, MA 02668 NOTICE TO ABATE VIOLATIONS OF 105 CMR410.00, STATE SANITARY_ CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 38 Moco Road, West Barnstable, was inspected on June 24, 1997 by Jerry Dunning, Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code II, inimum Standards of Fitness for Human Habitation were observed- T""�A;r NP��. us 410.251- � �1 The lower level kitchen overhead lights were inoperable ���fla A IP l: � = �10.250: ����{ The lower level bathroom ceiling lights were inoperable �N �Od�G.��el-C. /( 410.020: The lower level rugs were damp apparently due to the outside�wate�� �,-r ` C �i'' r1 _ coming in through the foundation. 4/,17- ,�w =1,f. -A/P�'�K �.v -��—Z7/ ��6 410.351: 1I� The kitchen sink faucet would not turnoff. ater wa ea ng underneath the sink The bathroom sink was also leaking. V 410.351 'Y The main floor kitchen sink was leaking. �.I��S /� 6,0 am/ I APte J j,,,d /1v&xsf.9T,,,. V 410.551:-lyji No handles provi ed ajt the main floor kitchen windows. l 17— 6A A>x r Xi S7 J Ne- Pl 4rt.f /k1a vvi?_ t01/41N 410.482YA, ill : Smoke detectors were inoperable in storage area. The West Barnstable Fire Department was immediately notified. IAA14cP(1%/1 *016e, 1�3e�p 7 410.481: Owner's name, address and phone number not posted. - p/t) 6,/2 6 Bid d (�Pf,? Sao. `ka ( 0g OL) rightFold at line over top of envelope to the of ..• - _ _iA:ci ti ALMA (3RIHARVEY��NSp�L MID CERTIFIED -s P HIE 104 MOM ROAD f 0. WEST BARNSTABLE, MA i oz Z 399 844 511 19MO^itdic • 4 VNJ.F.J ST.iTES_ 7 nd 5'A E d .S N OOC�� u006'�aib-0Z RETURN RECEIPT REQUESTED 24 �. NANCY L. JOHNSON P.O. Box 342 Hyannis, Massachusetts 02601 June 30, 1997 Lt. Christopher Standish West Barnstable Fire Department P.O. Box 456 West Barnstable, MA 02668 Dear Lt. Standish: I am in receipt of your letter of June 25, 1997. It seems the reason you were called to 38 Moco Road by Suzan Mahoney, one of the tenants we are currently evicting, is to establish some type of landlord abuse. As you can see by the enclosed notices, this is not the case. Several attempts have been made to correct any items requested by the Mahoneys.. For some reason they fail ,to see why they should pay rent for the shelter they receive. I will address each item as noted in your letter. I would be remiss if I did not tell you that Suzan Mahoney was mailed a letter dated June 19, 1997 (enclosed) . She called at 4:45 on the date you arrived at the premises, and stated no one would be there on the 25th for us to do repairs. (See enclosed follow-up notice to the Mahoneys.) I suspect she called us and canceled after you inspected. However, she was notified on June 19, 1997. She was mailed another notice on June 25, 1997 (see enclosed) . The tenant in the lower level has been in court for eviction; however, the judge encouraged a settlement between the parties. The tenant was represented by Legal Services of Cape Cod. (A copy of the court decision is at the Building Inspector's office.) RESPONSE TO ISSUES 1 THROUGH 8 1, 2 & 3 (527 C MR 4) These will be researched and corrected prior to the onset of the heat ing season. 4 - (527 C MR 6) This house was built as you see it. I am sure at that time permits were issued to the Davis. However, I intend to do what is needed to correct the pads;• etc. The tenants order their own propane and pay for it. I am unclear as to whether I can have it removed. I will be check- ing with the gas company, gas inspector, or whoever has the information regarding this. Lt.' Christopher Standish June 30, 1997 Page 2 5 (MGL,148 26 F) Please notify me as to exactly which detectors are not operable. There have been no complaints by either tenant regarding this issue. The detectors were all operable on May 26, 1997. 6 In reality, there are three egress from the lower level. Two of these are of immediate use to the tenant. I would like to add that in the past we were informed that ground level needed only one; however, that is moot in this case. 7 I suspect much of this belongs to the tenants, but I will have items removed and/or relocated elsewhere in the basement and lock it from both entrances. 8 The house number has always been visible to mailmen, building inspectors and sheriffs, who recently have served notices and summary process summons. - I will check it and correct it. Housing inspectors have given this quintessential property excellent ratings in the past. All former tenants always were cooperative with us -- all'owing us, to do needed repairs. They also realized that they must pay their way in this world. The building inspector was at the house in .February and informed Deborah McClellan to start looking for a home. I started proceedings after receiving a letter from the building inspector on March 19, 1997. He never noted any building code violations; i.e. , MGL 148 26 F or egress. I suspect he saw all the doors for egress. I have fully cooperated with that department; however, the court system prompted the delay in the .process. The case initially came up in June . and was continued for two weeks. The tenant now has an extension. (Judge Reardon prompted us to compromise, most likely for the sake of not creating a homeless situation.) Interestingly, this whole building' has been inspected twice a year by housing inspectors and there were no code violations. Lt. Christopher Standish June 30, 1997 Page 3 I plan to move forward with the Mahoney eviction. Therefore, you may have future complaints. They have allowed unauthorized people into their three bedroom premises, as well as having an unlicensed dog which we are very concerned about as we do not know whether it has been immunized for rabies. I did give permission for the dog, but they were to prove it was healthy. This was not done. I will have the proper tradesmen contact you to correct your con- cerns. Also, if you need to contact me, I may be reached at 771-1190. I would appreciate it if in. the future you .have any complaints that you call me direct. If I am not available, please leave a message. Please respond in writing to your item #5. If we cannot get in, I 1 will need to have you accompany the person making this correction. Your cooperation will be appreciated. I hereby request a copy of the complaint. I am particularly interested in the date, time and the name of the person complaining, as well as their initial complaint(s) . This is needed for my file on this house. Sincerely, Nancy L. 'Johnson NLJ/m Enclosures cc: R. Crossen T. McKeon C2 77Z z67a-10`7,0//' 00C 0 le7ep 0/ Cl-CIc-c7ZO--J- e C-/ RAPID.,MEMO 'Johnson,..i,Mgr• r Box 342, Hyannis, Ma 02601 (5o8) 771 -1190 T k DATE O JoM Ashoney June 19, 1997 ##38 Moco Road SUBJECT -d_e st--M�ns to bye T--ms-0� Completion o i' repairs On ds 0 . J e? —1-9-9 r l e-d o-b"-t- nrA -West—aa"I p} ¢�- ; r®pairs requested by tenant, c® by Noon on Tuesdayh. —KI AV . of y,��� � , s —Al I Ll�J Cn o SENDER:-- $ ■Complete items t and/or 2 for additional services. I also Wish to receive the alea r sod W ■complete Rama 3,4a,and 4b. following services(for an 00 ■Print your name and address on the reverse of this form so that we can return this extra fee G L so fiefs 101 OC cud ro u. ■ s form to the front of the mailpieoe,or on the bads if space dose not 1• ❑ Addressee's Addre— d woad � peftL■Nrtle'Ratum Receipt Requested'on the mailpieoe below the article number. 2• ❑ Restricted Delivery �j lea g woyM !The RatLgp Receipt will Nrow to whom the article was delivered and the date of Butto idaaey wni% 10 c dam. Consult postmaster for fee. (0 3.Article Addressed to: 4a.Article Number eaj Nengea pepulsey Z 34 G L E eej k-ife0lepGdS 4b.Service Type 111K f�0 C O .e--ey. ❑ Registered Certified ¢ ✓ aaj ROM a ins 6�G ❑ Express Mail ❑ Insured 0 $ e6elsod ❑ Return Receipt for Merchandise ❑ COD 7.Date of Delivery ° - epo0 dIZ VQl4rQ0W01sod 5 eceived By:(Print Name) 8.Addressee's Address(Only If requested jegwnN g WAS and fee Is paid) y�lil� � U L� of IuaS g 6.Signatur :(Addressee or Agent esrenei 88S Ileyy leuollewelul jol esn lou oo X pepinwd e6ej8no3 e3umnsul ON pew pa1;ijja3 a010193913 PS Form 3811, December 1994 C. 2595-97-B-0179 Domestic Return Receipt 831/ues lelsod sn 92T h99 99E Z Nancy L. .Jshnaon, Mgr. x , apt a, a o 08 t90 To, John Mahunay DATE Jtui...r 24o 1997 #38 Moco Road SUBJECT o ow•Dup. o PAPAW., 02li of 6%24 by Susan Mahone West Barnstable, Me 02668 a .na e 6/19 to =mplete repairs Wo We The dates are June 30th, July 1st, and July 2ndo Circle the date that is convenient for you as well as the time that will be most cony •n . • m• can • rom am o pm any of those 3 this line t ri Adams SC 1158 � � Zf7 i Town of Barnstable . Department of Health, Safety, and Environmental Services sAR1YA = public Health Division MAM.99. 't63y ��, '°lF039 367 Main Street, Hyannis MA 02601 , Office: 508-790-6265 � 11ornas A.McKean Public Health FAX: 508-775-3344 Director of June 26, 1997 i Nancy Johnson, Trustee 245 Parker Road W. Barnstable, MA 02668 i NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 38 Moco Road, West Barnstable, was inspected on June 24, 1997 by Jerry Dunning, Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code H, Minimum Standards of Fitness for Human Habitation were observed: i 410.251: ! The lower level kitchen overhead lights were inoperable 410.250: The lower level bathroom ceiling lights were inoperable. 410.020: The lower level rugs were damp apparently due to the outside water coming in through the foundation. 410.351: The kitchen sink faucet would not turn off. Water was leaking underneath the sink. The bathroom sink was also leaking. I 410.351 ; The main floor kitchen sink was leaking. 410.551: No handles provided at the main floor kitchen windows. 410.482: Smoke detectors were inoperable in storage area. The West Barnstable Fire Department was immediately notified. 410.481: Owner's name, address and phone number not posted. I i i You are directed to correct the violation of 410.482 within twenty-four (24) hours of .r receipt of this notice. You are also directed to correct the remaining above listed violations within seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, these violations must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF T E BOARD OF HEALTH Thomas A. Mc can Director'of Public Health cc: Deborah McClellan cc: Susan Mahoney cc: Gloria Bldg. Dept. cc: JacKGillis, Licensing 06/26/1997 09:37 508-362-3241 WEST BARNSTABLE FIRE PAGE 01 WEST BARNSTABLE FIRE DEPARTMENT.,- WEST BARNSTABLE, MASSACHUSETTS 02668 MAILING ADDRESS: P.O. BOX 456 WEST BARNSTABLE, MA 02668 JOHN P, JENKINS FIRE CHIEF SHIPPING ADDRESS: 2160 MEETINGHOUSE WAY WEST BARNSTABLE, MA 02668 BUSINESS (508) 362-3241 FAX (508) 362-3241 FAC OUNULE COVER OU ISF-7 DATE: FILE # TO: i� FAX # FROM: �- f NUMBER OF PACES INCLUDING COVED: � REMARKS: s 790 - GZ30 WBFD form 92 7/92 06/26/1997 09:37 508-362-3241 WEST BARNSTABLE FIRE PAGE 02 WEST BARNSTABLE FIRE DEPARTWNT 2180 MEBUNGHOUBE WAY a P.O. BOX 456 W BOT DArWMADLE, A" 02W JOHN P.JENMNS Chief of Department yEMERGENCY: 362-3181 BUsINEEB: 362-3241 FAX 882-9241 Juno 25. 1997 Nancy Johroon, Tnjdae Jennie M. WeMzsi,TR. P.O. Box 342 Hywwk, Ma.02WI The West Bam*able Re DWS&nsM Inspected the Property oWnad by you at 38 MOOD Rd.,illlaet Barnstable on Tuesday, Juno 24, 1997 at 3:00 pm following a complaint horn YW tenant Susan Mahoney.Also'present at the flare of our fnspectbn were Debbie MoC SW(ergAher tena2) and Jerry Dunning from the Barnstable Board of HwAh, Upon our Inepec,W, we found several safety Problems and code violations as well as other W$vly oonowns outside of the)urtedksbn of the hire Department: i ..Seversi large holes In the chimney o0m6 aw al the barometric drab oardrol(527 CII+tR 4) --Oil barrier raosoed win the fast yearn without a fke depar4ntertt perm!(527 CMR 4) --8llt AW of oorribuetlb6e mate hk 89"oo burner(521 CMR 4) ..No pam*tar.jtorage of propane(527 CMR 6) --No operatlrrtg smoke dsteotore(MUL 148 26F) ..inadeguaw egret from bawwt apartment •-Unsafo eoorag®of large amounts of paper,c dboard,Atrniture etc.in basement ..House r"raw nol visible from road i am aioo oonosrn®d becatae®the Fire Deparbrm hamper' rescue efforts should ties need err�� h this area.Lack of this Irg"nuglon would 9reaNy y You are hersby lorderad to bring your off bur'ntng system unto oogrl w=with fibs current Mwldwd(627 CMR 4);to furnfeh the antke house with property hxtlo"smoky detection system;and acquWe a permit to store propane as well as remove the discarded(but nut empty)Propene cylktders width 72 how$ of rec.'W of this tatter, in the mast limo, the oY burning ag6pment has been disabled and shall remain so Lqd the syMem passes Inspection. AN penv*fees shau be Paid Prior to Inflation of work as weN as a$10 tee for the smoke deledor system w*pedw. Chdgopfter R. 8tarrxflah -L wAwant Fire PrevvWW Officer cc. Ralph Crcaeen, Barnstable Building Dept. T1 amn AAdCw,Barnstable Dept-of f•lsatth i I 21 3-1 .4 RC-1 and RF Residential Districts 1) Principal Permitted Uses : The following uses are permitted in the RC-1 and RF Districts : A) Single-family residential dwelling (detached) . 2) Accessory Uses : The following uses are permitted as accessory uses in the RC-1 and RF Districts: A) Renting of rooms for not more than three (3) non-family members by the family residing in a single-family dwelling. 10 B) Keeping, stabling and maintenance of horses subject to the provisions of Section 3-1 . 1 (2) (B) herein. 3) Conditional Uses : The following uses are permitted as conditional uses in the RC-1 and RF Districts, provided a Special Permit is first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3 .3 herein and subject to the specific standards for such conditional uses as required in this section: A) Home Occupation, subject to all the provisions of Section 4-1 . 4 (2) , Home Occupation by Special Permit . (Sections a-g deleted by vote 08117195 - item 95-195 by an 8 YES 2 ABSTAIN vote of Town Council) . B) Renting of rooms to no more than six (6) lodgers in one (1) multiple-unit dwelling. C) Public or private regulation golf courses subject to the provisions of Section 3-1 . 1 (3) (B) herein. D) Keeping, stabling and maintenance of horses in excess of the density provisions of Section 3-1 . 1 (2) (B) (b) herein, either on the same or adjacent lot as the principal building to which such use is accessory. E) Family Apartment subject to the .provisions of Section 3 1 . 1 (3) (D) herein. F) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use. 4) Special Permit Uses : The following uses are permitted as special permit uses in the RC-1 and RF Districts, provided a Special Permit is first obtained from the Planning Board: v Form 10 (continued) To the Sheriffs of ou several Jqounlies, or their Deputies, or any Constable of any City or Town within said Coritrpotiwealth, GREETINGS: We coc�tand y�u toIIIIsummon the within named tenant/occupant to appear as herein ordered. r / � WITNESS .� FR R I First or dm ist e slice ,Sl77, Gam—% �YRr✓r /„�6�(�✓i� Entry Date Clerk-Magistrate �...(' '. _ s..C. 1 �% C C C '' _` OFFICER'S RETURN Barnstable County Sheriff's Department t I hereby certify and return -that on June 23 , 1997 , I served _ the within Summary Process Summons and Complaint , on Mr. & Mrs . John Mahoney, by delivering an attested copy thereof, in hand t at 38 Moco Rd. , W. Barnstable , MA and to Susa�.z Mahoney , at 4 : 00 p•m• � � at his last and _ by leaving an attested copy thereon , for John Mahoney , fir t class , to usual place of abode , at 4 : 00 p.m. , and mailing a copy, - 38 Moco Rd. , W. Barnstable , MA 02668 . a../ -` $ 40 . 00 �.G�. Brad Parker , Deputy Sheriff PO Box 614 , Centerville , MA o .. r t ., "-`1 C. Printed Name of Officer rbemade O LANDLORD/OWNER: Fees: Service fficer complete and return above.Service must n the defendant no later than the seventh day Copy rlier than the thirtieth day before the Monday Travel e of Car entry day. This form must be filed in court no later than Use L U Mailing the close of business on the scheduled Monday entry day. In appropriate cases, proper evidence of notice to quit must be provided this court upon the filing of this com- plaint. See Rule 2(d). According to Rule 2(c),the hear- ing date is the second Thursday (or Friday or Monday P t in some courts)after the entry day. i TOWN OF BAILNSTA 3LE G ' REPORT PLEWENTART/CONTINUA4 rPOUT NAME ( FIRST, MIDDLE) DIVISION /DEFT NOTE DETAILS i BSERVATIONS-ITEMIZE EVIDENCE, SERIAL IS ETC- 39- c ce 5 © Cow, o w. Lke- n'lL SAs N o R � O N (SCOvN C P o'er ' I Cp 2J, Nbe — t S O w. -✓c cc C ��roo 0 -P of f� ti > J O J p I--1-re AL TI r cl P.2- no e`z- PAGE 1 v r S .d 0ONWEATA-11 OF MASSACHUSETTS Di:STRi.CT COURTS OF MASSACii11SGTTS. BARNSTABIX, SS: TY(STRICT COURT DErARW. NT. SiMiNARY PROCESS A: Z 5 — SU, o SZO Nm —�--� Jt?Uv� Sov� rI.AJ.NTi:r T vs PATE:_J f D�e��Qi� Nl�Ciel(a+� nrr•r IDANT. i AGRt MENT FOR JUDGMENT (t l.n hereby ment may he entered in Phis Summary I Pkocess �cl'a.vn Coc !i'oSSI S STON ns oC _Q.r0W� e� � I �_ I rXEMITTON FOR ,POSSrSSION TO BE TSSIirD ON De( m6a�1/ )I J I t MONrY EXrCUT10N 'TO BE ISSUEi) ON TOTAL RENT DUE: COSTS: i L UTI1rR TrRtiS t, CONi)TT.T.oNS: _-fylL es �D y� L�zve 9 -7 ��e ��►� P(a ✓t--i��/ ld r��(v z-� A wu ub i�U�+w► ovlc� Y al pvt o ' a d .I ev► �� ",✓2y i n.s j,� Ro s sQ55',v v� S�ne w IPAY U S e drid e. o C u payl e- CLA +6w is vAo ?Sd lv�a (a•Zuc 1nsi�t5 RssiSfatic Pi,ATNTTFTI 1 rNnANT ` �' l; QJ �-G'✓pn�Lt t'i v+'t Pal ATTY FOR rI,TF:: BATTY. FOR nrr•: -!�✓f-� _ 6$5 p,z.,- 1►t9�,: ArrRom) i T MrDT..ATOR: }- 1 ArrROvED i1Y TiM COURT: i JUSTI.Ci; -� ' EJECTMENT rxrCUTTON R .QUrsl rD: P HONEY rRrCUTTON RI:QUrSTm)- I i r ?.` NOTICE TO VACATE FOR POSSESSION - WITH A LEASE Date: 'V —31 Y7 Dear �P'✓O�i1�, (���� You are re Au d Ao leave the p emises you now rent as my tenant Massachusetts. You have until to leave or I will go to court and seek permission to evict you . �.V�- This is not a judicial document. By law, a court is the final authority in every eviction, and if you believe you are entitled to remain as my tenant, you or your lawyer may present your casein court. Also, you must continue to pay your rent for use and occupancy until you leave. Any such payment shall not cancel or effect this notice. Sincerely, r � q : (:O►Ht0HWF.A1,T11 OF ZIASSACrtuSF.ITS DISTRICT COURTS, OF,MASSACnI151kTTS DISTRICT. COIJRT DUARTMENT BARNSTABLE, SS: SUMMART rROC1 SS 1:�,25- Su- 0SZO � J�U�; r1.AINTT.FF VS De Accl e t(d,'Vl DrrVIDANT AGREUT'"T FOR JUDGM);NT It i.r, herrhy agreed 1_I%at ,jujlpment may be entered in this Summary rtacesss act:•i-w, [.or xos,,T•,SSION' rin oC DQ 24✓ �' fR rCUTT.ON FOR r() Sr) ss)ON TO Tlr" ISSUED ON ���1{9/1�Q�✓ �) J MONET F.XEeUTION TO BE ISSI)ET) ON COSTS: TOTAL RENT. DUE:- OTHER TgRNS & CONDITIONS! Q t t � ud(v w uvu 400( Y 'o a d ymme C.e w*l A Use d rd �I.ie�'ev+�v�� r2vc�►�.s J o A�siSfa�� DccVPa• aV",0 a ?sd via G,Lud'1 'KS��I' PLAINTT_FF rFrNDANT ATTI FOR rLTF: ATTY. FOR DTsF: �6S5 Pam'' ik-1' APPROVED TIY MEDIATOR: - Wixom BY TTI.r COURT.: .JUSTT.Cr ElFCTMENT rxECUTT.ON Rr•.9Ilrsl'T'1) 1ONT"Y F' o'ci TION Rpt211PSTT:D ��� _� A•/ T'ypt�Y�l�y rd`i� it'fit� } �'{J } { J� �tiy s t�� +4� 'Y:7777yO�'Lr,��' ''�., 'f. •t , +;':� Se.�il, "-. .. _T e ,1..; Form 10 (continued) To the Sheriffs of our several Counties, or their Deputies, or any Constable of any City or Town within said Commonwealth, GREETINGS: We command you to summon the within named tenant/occupant to appear as herein ordered. WITNESS, Finl AV in' ali usi�c, 7 Clcrk-Magistrate ' ,Entry U:uc i OFFICER'S RETURN Barnstable County Sheriff's Department t I hereby certify and return that on May 2, 1997, I served the within Summary Process Summons and Complaint, on Deborah McClellan, by leaving an attested copy thereof, at her last t. and usual place of abode, at 38 Moco Road, West Barnstable, MA 02668, 'at 12:45 p.m. , and by mailing an attested copy, first class, to her at the same address . Fee: $26 0� Brad Parker, Deputy Sheriff P.O. Box 614, Centerville, MA 02632 --_ Printttl Name u!Olficer NOTICE TO LANDLORD/OWNER: Fees: Service Have the Officer complete and return above.Service must Copy be made on the defendant no later than the seventh day Travel and not earlier than the thirtieth day before the Monday Use of Car entry'day. This form must be filed in court no later than L& U Mailing the close of business on the scheduled Monday entry day. $ In appropriate cases, proper evidence of notice to quit must be provided this court upon the filing of this com- plaint. See Rule 2(d). According to Rule 2(c), the hear- ing date is the second Thursday (or Friday or Monday in some courts)after the entry day. y Form 10 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT SUMMARY PROCESS SUMMONS AND COMPLAINT Department Docket No. i<, , l r , 1. a l l Division -Entry Date ss. THIS IS A COURT NOTICE OF A PROCEEDING TO EVICT YOU— PLEASE READ IT CAREFULLY IMPORTANTE: ESTE DOCUMENTO ES UNA NOTICIA DE UNA CORTE, RESPECTO A PROCEDIE',NTES PARA DESALOJARLE- TO: DI?BORAH ACCL ELl A,J ADDRESS: 3 n 'i it',) i•' ):1;) CITY: ., ZIP: ''r,':,;> You are hereby summoned to appear before the Judge of the Court at the time and place listed below: DAY: TI-virsclay DATE:. -'. ,.y 22 ; 1 `) _17 TIME: 9 : '30, I'�t - 6—:1 i;arn9t=qn1 -:- �'.i. 1 ] r, ;;r,_ COURT LOCATION: ROOM: to answer the complaint of- LANDLORD/OWNER: iJancy I.. ,ioill{ -3r,t-I STREET: 174 ;,lair{ ` trees CITY: /:inn:i. cs ZIP:' that you occupy the premises at �'Q i o e e being within the judicial district of this court, unlawfully and against the right of said Landlord/Owner because 7onintr hCwilritirn . Yc' 'a a 'P� t rim 1 ,� ? tA,r. ittt=n notice ;,'• l <, i•� nr larthewi;�h �' . rent I owe according to the following account: ACCOUNT ANNEXED First o/rA'ddmmi�nniistrative.lustice �nic - clerk—M istra .. na1 o Paaintiff ttorney - Address of Plaintiffs Attorney Date of Signature of Plaintiff'or Attorney 1-elephone Number of Plaintiff or Attorney NOTICE TO OCCUPANTS: At the hearing on A a�, %'r i l ., 7 you(or your attorney) must appear in person to present your defense. You(or your attorney)must also file a written answer to this complaint.(Answer form 2 is available in the clerk's office.)You'must file(deliver or mail)the answer with the court clerk and serve(deliver or mail)a copy on the landlord(or landlord's attorney)at the address shown above.The answer must he received by the court clerk and received by the landlord (or the landlord's attorney) no later than Monday 1.9 1 c.1.a 7 before the hearing date. .IF YOU DO NOT FILE AND SERVE AN ANSWER,OR IF YOU DO NOT DEFEND AT THE TIME OF THE HEARING, JUDGMENT MAY BE ENTERED AGAINST YOU FOR R POSSESSION AND THE RENT AS REQUESTED IN THIS COMPLAINT. NOTIFICATION PARA LAS PERSONAS DE HA13LA HISPANA: SI USTED NO PUEDE LEER INGLES TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES. Summary Process Form I (amended 7/86) OVER Form 2427 Hobbs&Warren Inc. l'o / 9 ? AcC::r III 7� SQLT/ � � �i Ol.��-C� C.�J�' � La ��/L1►-t� TO /4 5 r�� �C�- .�'�--- 1 s k o�JLeo -t.j k--2 �-P.t. ;o you v2e--% S DQ J 1 �-t i - 4 • . j t �J-4 � I i �17 9 _ 7 7rl0c�— JJJ cb,AO Q 2� eg - �4�' `^� �`'4 0`= `l� o c� C� ('e- i� Ir u_eeclC y s . . r . . � ... � - - _� �.. . . . . . M t , ' .. - .,. � + _ r•� t i � a � - q n � • _ _ �. f .. J �,� _ � � � i . } � FILE No. 495 0328 '97 15:43 ID:LANIERFAX6500 PAGE 1 T • LEGAL SERVICES FOR CAPE COD AND ISLANDS, INC. 480 WEST MAIN STREET, HYANNIS, MASSACHUSETTS 02601.3695 (508)775.7020-428-8161 1-300-742.4107 All Numbers Voice and TTY FAX(508)790.3965 March 28, 1997 Ralph Croessen Building Department Town of Barnstable 367 Main Street Hyannis, MA 02601 by fax - 790-6230 Dear Mr. Croessen: have been retained to represent Debbie McClellan, a tenant of Nancy Johnson, at 38 Moco Road in West Barnstable, I understand that your department has inspected her rental unit, and has determined that her apartment is illegal. I would appreciate it if you would be so kind as to fax back to me all reports, letters and other documents which pertain to this address, so that I may advise my client of her proper,course of action. Thank you for your anticipated cooperation. V ry truly ours, Patricia A. Pap Attorney at law d PAP/ Plymouth Office 18 Main Street Extension,Plymouth,Massachusetts 02360. (508)746-2777 1.800.585-4933 FAX(508)74e-4311 0 . . • Tie Town of Barnstable NAB& Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 19, 1997 Nancy L. Johnson, Trustee& Jennie M. Wentzel, Trustee M R S Trust 245 Parker Road West Barnstable, MA 02668 Dear Property Owner: I regret to inform you that your property at 38 Moco Road in West Barnstable is in violation of zoning. A recent inspection shows that it is being used as a two-family home when it is only a lawful single family. You must do one of three things at this time: 1. Appeal this notification or seek a variance from the Zoning Board of Appeals. 2. Take out a building permit and bring it back into conformance as a single-family home. 3. Prove it is legal as a two family. If we do not hear from you within 14 days, we will be forced to seek other action against you in court. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn g970319a i TOWN OF BARNUABLE BUOING DEFT. p MAR 12 1997 ECEIVE Up Mr. Thomas Perry Town of Barnstable, Building Inspector 367 Main Street Hyannis , MA 02601 Dear Mr. Perry: We the undersigned, as property owners of Moco Road, West Barnstable, wish to notify you of a consistent problem regarding the misuse of property located at 38 Moco Road. The property is owned by Mrs. Nancy Johnson, and is not her primary residence. The property consists of a main living area on the first floor with an in-law apartment located in the basement. Mrs. Johnson has rented this property over the years as a two family complex, collecting separate rents from non-related occupants. At the end of December 1997, the tenants occupying the main floor moved out: We request your assistance in maintaining a single family residential area. We have previously notified your office of her renting practices. The issue was addressed and corrections were made. However, within time, Mrs. Johnson again utilized it as a two family rental property. We have several concerns in this regard.Fast, we question the size and condition of her septic facilities. From time to time, strong odors are noticeable in that area, resembling those associated with septic system neglect or failure. Due to its proximity to Garretts Pond, environmental protection relevant to maintaining water quality is of chief concern to us. Over the years, her tenants have often commented on the poor structural, plumbing and electrical conditions of this property. To our knowledge they have never pursued these issues with your office for fear of repercussion. And once they moved out, they quite reasonably felt no reason to do so. The property has adequate parking for no more than 3-4 cars. In summer months, particularly, as many as 9 cars have been parked along the road and on neighboring properties; making access difficult for other residents for several days at a time. Also, Mrs. Johnson now has the property for sale. We are concerned that if we do not take action at this time, she will represent the property as a two family complex, or imply that the neighbors are tolerant of such activity. We would like nothing more than to see the property sold, cleaned up and properly occupied. However, due to the exorbitant price she has placed on the property in relation to its current condition we expect to remain her neighbors for some time. This is not a letter of harassment toward Mrs. Johnson, we don't know her. We simply wish she would be more responsible regarding the condition and use of her holdings. Had she been more empathetic to our concerns in the past we would have brought them to her. Now, we feel your office is our only alternative and would truly appreciate anything you could do to assist us with this issue. Sincerely, I te, 641 7 0 t-4 1,V /3 as tc This is not a letter of harassment toward Mrs. Johnson, we don't know her. We simply wish she would be more responsible regarding the condition and use of her holdings. Had she been more empathetic to our concerns in the past we would have brought them to her. Now, we feel your office is our only alternative and would truly appreciate anything you could do to assist us with this issue. Sincerely, � �- /o y I t -7�J��°�O al yr/ /3 z rAS��,d/� ISM 4- MW I fit,( Yt� (Y)&tt 4 MoC�O Ed u ) �re.,,,AA14,0-4 � M 42e� 2 Zd 3: eV"--,d ca�6� 1 ' I :}}YYt}}}}}ttv.}};Y:{«.}}:.YY}}Kw} v}tYY::{n:•;Y}}}»}>Y}}YYYY>:YYY:}t»t»,,.t»,t»ttt,,,,,,:.:.tttt...».tttttt..,,»»»,,,,.:.»,:..tt...»:»tttttttt:,,,,t..t»»:..::ttttttt.t..»»:t,t„»»,.:.ttt,t..:. ..x.. 2 t .:t:tt.:.:..::,,.t.::::::..::»:YYY:•}:}}t}}}.}}..}Y„:..:.YYY}}}}}..}}}}...}..},::.:»..}:}»,}:}»»; .......... ...... .......::.::::::::::::::::::.}:.}: ::::::::::..: :..:...:::.. .> ? .:. `£<<< `i.iiiti '��vy}titiitij}jj sjtitiit�zt.:?'}1C`} tt}x '{}:}•}•i.};ktvvi}iiiit}:•i}.}ti:}:i:;:;::YiY}Y:v:v}:•Y:n�>::::»M1•:'{ii}YYtv::tii43:}:i:}'.};l'ntttt};y}}:..:v.}}}.}}x}}},}}};t}yy..:.:t...}}:}}»}}yx.}..:}v}}}.:}•.}}}}»v}»v»t„•.:�.:v.»»tttt:ttvv»}•n}}},v.»v.}vv}::•.}}yyt}}y}vvy:.y } `«< NANCY OHNSON ..}Y:•}Y'.}}:.>:.»>..ttt•.t•.t;.}:•YY}}}}}}}}}>:.>YYY,Yttt}�>;>::;;»>::'<';»;,,>::»:::Y::+.:::;::::'tt»;>•:,::;::s»>:::`::: ....... .................... ........ ... ........ 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(� East Falmouth, MA 02536 HYANNIS,MASS.02601 SOUTH EL.DENNIS,398- 136 0266f� MASHPEE, MASS. -8233 , ry 02649 (508) 548-6878 TEL.775-6100 TEL. 398 2136 TEL. 477-8233 1 800 649-6878 CERAMIC TILE — VINYL FLOORING =CARPETS — LAMINATES z TERMS: NET ON RECEIPT.A FINANCE CHARGE computed at 1'/s% per month which is an CUSKUM F Na PHONE cy n IMTE_ ANNUAL PERCENTAGE RATE of_18%.will be,applied to accounts unpaid after 30 days. KPXE r v J l Minimum finance charge-$1.00. C � NO RETURNS ON:SPECIAL ORDERS***-NO RETURNS AFTER 30 DAYS l/ Customer's _ P,`L Order No. Date ' •�, �, SOLD BY CASH C.O.D. CHARGE OH ACC7. ERETD PAID 011r Name 2 Time Received Cal Address / Arc'nal Ti 5/`` a'. Finish Tune ea SO BY CASH CHECK CARD ON ACCT. REDID PAID OUT r AN. DESCRIPTION PRICE,60 AMOUNT t/��OIJL�% \ AJ C V,) 4uv v�L - ATa-Cr 4- #JeJ -c CRL I TAX SALES TAX 13 vaECEtvEn By TOTAL S: TOTAL All Claims and retuned be acoonpsined by this All claims and returned goods_MUST be accompanied by this bill. d Thank eDearseoeo = . N. 4252 56245 Rec'd By "QUALITY WELLS Invoice 246 Willimantic Drive Marstons Mills, MA 02648 EDATE INVOICE# 508-428-9562 Fax# 508-420-0339 BILL TO: ancy o nson 38 Moco Road W. Barnstable, MA 02668 P.O.NUMBER TERMS PROJECT 1.5% 30 days RATE AMOUNT QUANTITY DESCRIPTION 400.00 400.00 3/4HP Sta- Rite Pump [rebuilt] 84.00 84.00 . Labor ump Conditionally Guarantee Jr 2 Years. TOTAL 484.0 f O • J f • r ECONOMY FUEL&SERVICES, INC. ECONOMY FUEL&SERVICES, INC. �,.�' 610 East Falmouth xinway 610 East Falmouth Highway // East Falmouth, MA 0 536 East Falmouth, MA 02536 /D ra (508) 548-6878 (508) 548-6878 1 800 649-6878 y y.� 1 800 649-6878 S PHONE DATE � . PHDNE _ �� °�� NAME - �a ADDRESS ADDRESS / S=BY CASH W. '`-Q. 2 IMMEREr D PAID OUT SOLD BY CASH C.OJD. MDSE.RET D PAID OUT . C Y DESCRIPTION PRICE AMOUNT I DESCRIPTION ' AMOUNT ell ao TAX TAX RECEIVED f--r TOTAL TOTAL oWrW PfCETVED B `�� . oftvw I Al aaims and resumed goods Must �/__ D 0 An claims and returned goods MUST K!J/ s�nca `�° 3 916 b 800°rt,p ;nea by this biu. /ttl/�/G Ou soe sb aoeo lid 3 9 4 9 be Bom"'Bined br this bn. ou 5W 50 (5 . ) 362-9881 377, 04) -5, 08 /Vj 1-7 CUSTOMER'S ORDER NAME f4 Q z Q z r.. . DRE SS . .vSON oQ4 a ..:............ . ........... .................................. 0OD.... ...................... 0 0 .....................................I.................................................................................................................................................................................................. =r =r 0a jw 0 CA &D. PAID Wt.,— CL -SOLD Sf-_ jAR 1�1.�N a -0 k. PRICE AMOUNT_qTY. 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TAX TOTAL All claims and returned goods Yu 1211 MUST be accompanied by this bill. `Thank-G o , F SEE MULTI-FAMILY FILE IN j s RALPH' S OFFICE. I THANK YOU i i { f i , Town of Barnstable Building Department f ComplainVInquiry Report Date: Rec'd by: Assessor's No.: G Complaint Name: 17 S� Location v /? W Address• /C M/P �; Originator Naine: Street: Village: State: Zip: Telephone: D/E Complaint Description: �� Inquiry 0 Description: 1 For Office Use Only Inspector's �.//s / y Action/Comments Date: /y Inspector. Follow-up ' n Action sT 41,2 , r R 4 c% 7SOLJ �Ai rblX Additional Info. Attached i07,� k-dtt I ro R•e-j : 41-11� �)oo/L- IAC A t3gz ,Cjo >1 Copy Distribution: White-Department Me / fellow-Inspector Pink-Inspector(Return to Ofce Manager) �� i i + o O U � , E JOSEPH D. DALUZ' • TELEPHONEt 775-1120 Building Committiontr EXT.'107 TOWN OF BARNSTABLE ' BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 August 5, 1986 Mrs. Nancy Johnson 137 Harbor Road Hyannis, MA 02601 Dear Mrs. Johnson: A complaint has been registered in this office alleging that .your dwelling located at 38�Mo.co�Roa'd;Weat-BarnstablW:§ a base ' ment apartment. I am requesting an immediate reply to this allegation since this property is. located in a Residence F zoning district and only single family dwellings are permitted. Peace, Joseph D. DaLuz Building Commissioner JDD/gr r f y i 0 d i 16 _ s �� 1 f . . r - i i i' a .. - r "� ", >, i - � � � t - � ; . . .. - z � .. .. - � -f� �_ r } $ .. � � - . -• ' � � �� �� - � 2 !. "� �. .. � -. r y .. T �� 3 - .. - - �.� ' � t _. 1 J y � ` r _ �, _ •r - .t0 w , . k � _ i �f .! i �. t.F e i '`^�+i!Vei��r.._.�-!r_".�{.: i ?4.••zt 3^Nx.<� <__-° � .:).. _ _.c•:...a .. .'T _. a.,..�_..�.-._.v "-,t':?tam-'•Gr�s`�.,,=;.�iti ��:�""A?�rz, �.._,� _ � ._. DAVIS, ALDIS N. N° 9177 TOWN OF BARNSTABLE, MASS. May 4 19 64 THIS IS'TO CERTIFY THAT A PERMIT IS HEREBY GRANTED TO Osterville A13is N.'Davie..y._.w:,...._ ....... (PROPERTY OWNER) (ADDRESS) TO _ ____._..__. 011® 9toa FTC dOQ@u�Il�a._ __ __ _._ _._ (BUILD) (ALTBR) (REPAIR/ ft _� r > il --C1Trel�in�g _.______ 1 �0 SQ• M / (TYPE OF BUILDING) .} 1 (APPROXIMATE 9126) ' 0 1�_ cso. Road W®st Barnstable _ LOCATION _ ._L _.� ___ __ a `, ., (STREET AND NUMBER) ., (VILLAGE) O . NAME OF BUILDER OR CONTRACTOR _ mer APPROXIMATE COST �a,g40,:" ---•••--•___._ I HEREBY AGREE TO CONFORM TO ALL THE RULES AND REGULATIONS OF THE TOWN OF BARNSTABLE, REGARDIN H ABOYE CONSTRUCTION. `! (OWNER) ICONTRACTOR) S;U:1-LDJ$4 INSPECTOR Subject to Approval of Board of Health. . . i - II '[ ] [R215 008. ] LOC]0038 MOCO ROAD CTY]05 TDS] 500 WB KEY] 132733 ---MAILING ADDRESS------- PCA] 1011 PCS]00 YR]00 PARENT] 0 JOHNSON, NANCY L TRUSTEE & MAP] AREA]80AC JV]344648 MTG]0000 WENTZEL, JENNIE M TRUSTEE SP1] SP2] SP3] M R S TRUST UT1] UT2] .38 SQ FT] 1552 245 PARKER RD AYB] 1964 EYB] 1975 OBS] CONST] WEST BARNSTABLE MA 02668 LAND 36300 IMP 106400 OTHER 2600 ----LEGAL DESCRIPTION---- TRUE MKT 145300 REA CLASSIFIED #LAND 1 36,300 ASD LND 36300 ASD IMP 106400 ASD OTH 2600 #BLDG(S) -CARD-1 1 106,400 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #OTHER FEATURE 1 2,600 TAX EXEMPT #PL MOCO RD W BARNSTABLE RESIDENT'L 145300 145300 145300 #DL LOT 10 OPEN SPACE #RR 1035 0125 COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 10/85 PRICE] 145000 ORB]4758/345 AFD] I LAST ACTIVITY] 12/13/88 PCR]Y 12215 008. P R A I S A L D A T A • KEY 132733 JOHNSON, NANCY L TRUSTEE & LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 36,300 2,600 106,400 1 A-COST 145,300 B-MKT 95,200 BY 00/ BY /00 C-INCOME PCA=1011 PCS=00 SIZE= 1552 JUST-VAL 145,300 LEV=500 CONST-C 0 ----COMPARISON TO CONTROL AREA 80AC ----------------------------- NEIGHBORHOOD 80AC WEST BARNSTABLE PARCEL CONTROL AREA TREND STANDARD 10] 10 LAND-TYPE 363001 LAND-MEAN +0% 145300] 99229 IMPROVED-MEAN +7% 25% ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 150%] LOCATION-ADJ APPLY-VAL-STAT 1 LNR]LAND LFT/IMP]ADJS/SB/FEAT STR]STRUCTURE ARR]AREA-MEASUREMENTS NOR]NOTES COM]MARKET INC]INCOME PMR]PERMITS GRR]GRAPHIC FUNCTION-[ ] STRUCTURE-CARD NO-[000] DATA-[ ) XMT[? ]