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0152 PLEASANT PINES AVE - Health
152 PLEASANT PINES AVE. , CENTERVILL A=234-004 No. 42101/3 ORA ESSELTE O O 0 O -w-- d tN`To�� The Town of Barnstable i DA"3TAU i Department of Health, Safety and Environmental Services 19 0 Public Health Division 7� ib39. `� �0 yAY A' 367 Main Street,Hyannis,MA 02601 Office 508-790-6265 Thomas A.McKean. FAX 508-775-3344 Director of Public Health October 29, 1996 Joseph Affanato 152 Rear Pleasant Pines Avenue Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00 STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE ARTICLE 51 The property owned by you located at 152 Pleasant Pines Avenue was inspected on October 18, 1996 by Christina Kuchinski, R.S. Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the Sanitary Code U were observed: 410.504: Several bathroom wall tiles were missing above the bathtub. The hole had been covered with plastic and tape by the tenant. 410.482: The smoke detector in the hallway was missing, only the bracket was present. 410.500: The bottom hinge on the bottom left kitchen cabinet door was missing. 410.552: The rear entrance storm door was not provided with a self-closing device. 410.500: The right middle glass pane of the fireplace door in the dining room was missing. 410.400: The right glass pane of the fireplace door in the dining room was missing. 410.500: The right glass pane of the fireplace door in the living room was missing. 410.501(A)(1): The bottom left window in the living room had a cracked pane of glass. You are directed to correct the violation of 410.482 within twenty-four (24) hours of receipt of this notice by installing a smoke detector. 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, this violation 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. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH _�Zmas A. McKean Director of Public Health cc: Richard Barber BO'V Lev, �.�w�l ire, �YLlr9 oa� .3a NOTICE TO ABATE VIOLATIONS OF 105 CMR 410,00, STATE SANTTARY CODE 11 MINIMUM STANDARDS OF FITNESS FOR HUMAN IIABITATIUN AND T11E TOWN OF UARNSTAIILE RENTAL ORDINANCE ARTICLE 51 • P[. "3�.f I°c� wad nsp ed on 'Co0,���,G The property owned b you located at r 5 a by r� Ilealth Agent for the Town of Barnstable because of a Complaint. he (following violations of the Town of Barnstable Rental Ordinance Article SI and the Sanitary Code II were observed: { rvt S-PI a.-ov-e �ri, � p . s vU /v• �"S� �e rem P v��i�ce s all JUT7 fQC'e dm� l 44 /l Ll/0, M)0 �� 60�A" F 4-4 P t yLP A �� ' ' Yo r direct t correct ►e iolation ► 24 hour ecei pt of this notic PIS You are also directed to correct tl►e 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 Ilealth within seven (7) days aver the date order is received. Ilowever, 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. You are also subject to non criminal citations of$40.00 for the first violation and V 5.00 for each additional violation. 'Tickets will be issued daily until the violations are corrected. Enclosed are citation numbers due to violations observed on PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health Town of Barnstable FORM30 HOBBS&WARREN,INC. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF. HEALTH Pl� CITY/TOWN / =I V/ D PARTMENT ADDRESS' -.(o S t ` TELEPHONE Address �� P�e4 +� �i r�e.S / I�anttl � c� floor Apartment No. No.of Occupants No.of Habitable Rooms No.Sleeping Rooms ; No.dwelling or rooming units No.Stories A Name and ad ess of ownneyr� U S 4,41 � Remarks Reg. Vlo. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation.Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress:and Obst'n.: ❑ B ❑ F ❑ M Doors,Windows: e Ajt&4tGe_ 66VAAr Roof Gutters, Drains: o �� Walls: Foundation: Chimney: BASEMENT Gen.Sanitation: Dampness: Stairs: Lighting: STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: " Hall Windows: HEATING Chimneys: Central ❑ Y ❑ N Equip. Repair TYPE: Stacks,Flues,Vents: PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: -AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen ke H aP t 6M2 c Bathroom x vk C' 0o Pantry Den Living Room Cee 4YI (� Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 � Hot Water Facil. Te .,Gas,Oil, E ct.: Stacks,Flues,Vents,Safeties: Kitchen Facilities Sink Stove Bathing,Toilet Facil. Vent.,Plumb.,Sanit'n.: Wash Basin,Shower or Tub: Infestation Rats, Mice,Roaches or Other: Egress Dual and Obst'n: General Building Posted nek ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION AICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL—BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PERJURY." �jJA INSPECTOR�i / TITLE. �� d' G'.�, Cab A DATE TIME � P.M. A.M. THE NEXT SCHEDULED REINSPECTION P.M. 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions,'when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health. Qr safety and well-being of a person or persons occupying the premises. This lusting is composed of these items which are deemed to always have the potential to endanger or materially .impair the health or safety, and well-being of*the occupants or the public. Because Chapter 11, 105 CMR 410.000 through 410.499 state minimum requirements of fitness for human habitation, any violation has the potential to fall within this category in any given situation but may not do so in every case and therefore cannot be included in this listing. Failure to include shall in no way be construed as.a determination that other violations may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of the violation(s) pursuant to 410•CMR 410.830 through 410.833 nor shall it affect the'-legal' obligation of the person to whom the order is ` issued to comply with. such order. ' (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant In accordance with 105 CMR 410.180 and 410.190 for a period of,24 hours or -longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper _ venting or use of a space heater or water heater as prohibited by 105 CMR 410:200(B) and 410.202.- ,(C) ,Shut-off and/or failure to- restore electricity or gas. AD) Failure to supply the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253(A), 410.253(B) and the lighting in common area required by 105 CMR 410.254. (B) Failure to provide a safe supply of water. .(F) Failure to provide a toilet and maintain a sewage system in operable . . condition as required by 105 CMR 410.150(A)(1) and 410.300. IG) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by an object, including garbage or trash, Which prevents egress in case of an emergency 105 CMR 410.450 and .410.451. (11) Failure to comply with the security requirements of 105 CMR 4110.480(D). (I) Failure to comply with any provisions of 105 CMR 410.600 through 410.602 .hIch_results in any accumulation of garbage, rubbish, filth or other causes `of sickness which may provide a food source or harborage for rodents, insects for other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of lead-based paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regualtions for Lead Poisoning Prevention and Control 105 CMR 460.000. (R). _fRoof,`'foundation, or other structural defects that may expose the occupant or anyone else"to fire, burns, shock, accident or other •danger,s or 'isipAtiieat to health -or dafety: (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heatng,_•gas-fitting and electrical wiring standards or•failure to maintain such facilities as are required by 105 CMR 410.351 and 410.352 so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment 'tohealth or safety. - (H1 Any of-the following conditions which remain uncorrected for a period of five or more days following- the notice to or knowledge of .the owner of said condition or conditions: of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either operable. - (2) failure to provide a washbasin and a shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which renders them inoperable. - (3) any defect in the electrical, plumbing, or heating system'which makes such.system or any part thereof in violation of generally accepted plumbing•heating,. gas-fitting, or electrical.-wiring-standards that do not create an immediate hazard. failure to maintain a safe, handrail or .protective railing for every stairway, porch balcony, roof or similar,place as required by 105 CMR 410.503(A) and 410.503(B). (5) failure to -eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (N) Amy other violation of Chapter- 11 not enumerated in 105 CMR 410.750(A) through (M) shall be deemed to be a condition which may endanger or materially iv"*r the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. FORM30 HOBBS&WARREN,INC. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH CITY/TOWN DEPARTMENT 'wM sv�y`y ADDRESS' TELEPHONE (o Address / Occupant floor Apartment No. No.of Occupants No.of Habitable Rooms No.Sleeping Rooms No.dwelling or rooming units No.Stories Name and address of owner �` /J / Aeasa,t-rl w� ' p}�-F�"�r(/( c f Remarks Reg. Vlo. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress:and Obst'n.: ❑ B ❑ F ❑ M Doors,Windows: -71 Roof 41 wt,,i I"i l V(h Gutters, Drains: ' ( , 0 �J Walls: Foundation: Chimney: BASEMENT Gen.Sanitation: Dampness: Stairs: Lighting: STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor Wall,Ceiling: Hall Lighting: Hall Windows: HEATING Chimneys: Central ❑Y ❑ N Equip. Repair TYPE: Stacks,Flues,Vents: PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen L r !' >'&&� hi c w+(1FIrfil X Bathroom K 2 .. es Ol S' ( 0, Pantry Den Living Room At�P (.e.. IY<ce /C , Bedroom 1 v ^`` "-Y Bedroom 2 Bedroom 3 of aw- Bedroom 4 Lfyfl Azle ' e-T Xne I a�v` 1WISs( O. D Hot Water Facil. Su .Ten ,,Gas,Oil, Ef6ct.: Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink Stove Bathing,Toilet Facil. Vent.,Plumb.,Sanit'n.: Wash Basin,Shower or Tub: Infestation Rats,Mice,Roaches or Other: Egress - Dual and Obst'n: General Building Posted -Locks-on-Door ;- a e ��' ( v�- ry,I SS(h /(� ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION UHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PERJURY." INSPECTOR TITLE co A.M. DATE & TIME rP.M.) A.M. THE NEXT SCHEDULED REINSPECTION P.M. ,t • 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety - and well-being of a person or persons occupying the premises. This listing is composed of these items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter II, 105 CMR 410.000 through 410.499 state minimum requirements of fitness for human habitation, any violation has the potential to fall within this category in any given situation but may not do so in every case and therefore cannot be included in this listing. Failure to include shall in no way be construed as.a determination that other violations may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833 nor shall it affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shut-off and/or failure to restore electricity or gas. (D). Failure to supply the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253(A), 410.253(B) and the lighting in common area required by 105 CMR 410.254. '(E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage system in operable condition as required by 105 CMR 410.150(A)(1) and 410.300. 0 (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by an object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450 and 410.451. (R) Failure to comply with the security requirements of 105 CMR 4110.480(D). .; (I) Failure to comply with any provisions of 105 CMR 410.600 through 410.6.02 'which results in any accumulation of garbage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects -,.or other pests or otherwise contribute to accidents or to the creation or -.spread of disease. (J) The presence of lead-based paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regualtions for Lead Poisoning Prevention and Control 105 CMR 460.000. =(B) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or i*dkrtent to health or dafety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted -plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilities as sre•required by 105 CMR 410.351 and 410.352 so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment 'to:health or safety- (M) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either operable. (2) failure to provide a washbasin and a shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which .renders them inoperable. (3) any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in violation of generally accepted plumbing heating,, gas-fitting, or electrical wiring standards that do not create an immediate hazard. (r) failure to maintain a safe handrail or .protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A) and 410.503(B). (5) failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (N) Amy other violation of Chapter II not enumerated in 105 CMR 410.750(A) - through (M) shall be deemed to be a condition which may endanger or materially Im"ir the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. v or September 18, 1996 Joseph Affanato 152 Rear Pleasant Pines Avenue Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 152 Pleasant Pines Avenue, Centerville was inspected on September 11, 1996 by Christina Kuchinski, RS Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the State Sanitary Code were observed: i ( 500: The bathroom ceiling was water damaged and growing mold/mildew. do" 410.500: The kitchen ceiling in the area of the windows was water damaged. d O" 410.351: There were three fuses with an amperage rating of 30 amps each in the branch electrical box for the house. Only fuses with an amperage rating of 25 amps maximum are allowed for residential use according to Robert Weston,the Town of Barnstable wiring inspector. do v,e 410.180: The tenant produced evidence which showed he paid the water bills on several occasions. The owner shall provide for the occupant of every dwelling a supply of water sufficient in quantity and pressure to meet the ordinary needs of the occupant, connected with the public water supply system, or with any other source that the Board of Health has determined does not endanger the health of any potential user. Also,the tenant stated that the chimney flue does not close and is letting cold air into the house. You are directed to correct the above listed violations within seven (7) days of receipt of this notice by repairing the bathroom ceiling, repairing the kitchen ceiling, replacing the fuses in the electrical box, and paying all water bills. 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,this violation 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. You are also subject to non criminal citations of$40.00 for the first violation and$15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health cc: Richard Barber alh s�vy�� J�vr �3, /,P 7 October 29, 1996 Joseph Affanato 152 Rear Pleasant Pines Avenue Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 152 Pleasant Pines Avenue was inspected on October 18, 1996 by Christina Kuchinski, R.S. Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the Sanitary Code II were observed: d° 410.504: Several bathroom wall tiles were missing above the bathtub. The hole had been covered with plastic and tape by the tenant. do KP— 410.482: The smoke detector in the hallway was missing, only the bracket was present. do 410.500: The bottom hinge on the bottom left kitchen cabinet door was missing. y dvKt- 410.55 The rear entrance storm door was not provided with a self-closing device. t(Ci 10.5 i m d s p the fi ce doo a dini om as yr fte�� �'`! missing. 4 t an o it or ' m si 410,10 SA o ce livin sing. b o e c You are directed to correct the violation of 410.482 within twenty-four (24) hours of receipt of this notice by installing a smoke detector. 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, this violation 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. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health cc: Richard Barber 3 s AIM r � b1ut l�icy, .f y.Q ce-, r •,�S fn°�/ �7� t fo ��+�-4 , i [ <`qs��, a.,.y a,f k s / Y s"J `� "r, �'�d�' .�r �Oils J t� .� •',� �s4�3� r � y .�+ a,as S� � � ��',.�•tt i�? �✓K�4a� +1.:� ' ... r. WWI' . 1,f y+,y 0 l l•.M'A�r f6�h'1�F� °6��t � f >� Ip�� � � � e 4 �4/ t Y 6 pQZY �Y Dt". i � \1(:: rm 2� sr I - �tyy • ,+ r.. "�Yl ,!'�. y ¢d.' ' ! i dt F � t'`C: fA„4 5E, '",�. ��, £ �7 •9 t.5ra y h i�rie lt� ' �... �, '� r ¢;"o -u:�;y� +�{� F _ } . C.�� i'vfFf'b.Ot��h g - iC` aa� I � �3 y >•i colt !r. � 4 r r£ {fi la "f I >3�r:.. 14Y•.b I . rz tr: dd + . V October 29, 1996 Joseph Affanato 152 Rear Pleasant Pines Avenue Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 152 Pleasant Pines Avenue was inspected on October 18, 1996 by Christina Kuchinski, R.S. Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the Sanitary Code II were observed: d61't 410.504: Several bathroom wall tiles were missing above the bathtub. The hole had been covered with plastic and tape by the tenant. d0 V`-410.482: The smoke detector in the hallway was missing, only the bracket was l j present. U o A10.500: The bottom hinge on the bottom left kitchen cabinet door was missing. =L10552: The rear entrance storm door was not provided with a self-closing device. 4Q g. 410.501 Al(1): The bottom left window in the livin room had a cracked pane of glass. You are directed to correct the violation of 410.482 within twenty-four (24) hours of receipt of this notice by installing a smoke detector. 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, this violation 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. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health cc: Richard Barber 10/30 33 G September 18, 1996 Joseph Affanato 152 Rear Pleasant Pines Avenue Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II,MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 152 Pleasant Pines Avenue, Centerville was inspected on September 11, 1996 by Christina Kuchinski, RS Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of - r. Barnstable Rental Ordinance Article 51 and the Stige Sanitary Code were observed: et 410.500: The bathroom ceiling was water damaged and growing mold/mildew. d0 W410.500: The kitchen ceiling in the area of the windows was water damaged. 0 t410.351: There were three fuses with an amperage rating of 30 amps each in the branch electrical box for the house. Only fuses with an amperage rating of 25 amps maximum are allowed for residential use according to Robert Weston,the Town of Barnstable wiring inspector. 410.180: The tenant produced evidence which showed he paid the water bills on several occasions. The owner shall provide for the occupant of every dwelling a supply of water sufficient in quantity and pressure to meet the ordinary needs of the occupant, connected with the public water supply system, or with any other source that the Board of Health has determined does not endanger the health of any potential user. Also, the tenant stated that the chimney flue does not close and is letting cold air into the house. .,a You are directed to correct the above listed violations within seven (7) days of receipt of this notice by repairing the bathroom ceiling, repairing the kitchen ceiling, replacing the fuses in the electrical box, and paying all water bills. 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, this violation 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. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health cc: Richard Barber n 3 y�FINC. The Town of Barnstable 36 qq I Department of Health, Safety and Environmental Services '� 16 9 ,� Public Health Division �0 O'ED MAY k' 367 Main Street,Hyannis,MA 02601 Office 508-790-6265 Thomas A.McKean FAX 508-775-3344 Director of Public Health October 29, 1996 Joseph Affanato 152 Rear Pleasant Pines Avenue Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE H MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 152 Pleasant Pines Avenue was inspected on October 18, 1996 by Christina Kuchinski, R.S. Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the Sanitary Code U were observed: 410.504: Several bathroom wall tiles were missing above the bathtub. The hole had been covered with plastic and tape by the tenant. 410.482: The smoke detector in the hallway was missing, only the bracket was present. 410.500: The bottom hinge on the bottom left kitchen cabinet door was missing. 410.552: The rear entrance storm door was not provided with a self-closing device. 410.500: The right middle glass pane of the fireplace door in the dining room was missing. 410.400: The right glass pane of the fireplace door in the dining room was missing. 410.500: The right glass pane of the fireplace door in the living room was missing. 410.501(A)(1): The bottom left window in the living room had a cracked pane of glass. i You are directed to correct the violation of 410.482 within twenty-four (24) hours of receipt of this notice by installing a smoke detector. 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, this violation 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. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH mas A. McKean Director of Public Health cc: Richard Barber t2w w,ndr rvUte F-G 330 (-1 — September 18, 1996 -` Joseph Affanato 152 Rear Pleasant Pines Avenue Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 152 Pleasant Pines Avenue, Centerville was inspected on September 11, 1996 by Christina Kuchinski, RS Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the State Sanitary Code were observed: 410.500: The bathroom ceding was water damaged and growing mold/mildew. p 410.500: The kitchen ceiling in the area of the windows was water damaged. L. 0YR410.351: There were three fuses with an amperage rating of 30 amps each in the branch electrical box for the house. Only fuses with an amperage rating of 25 amps maximum are allowed for residential use according to Robert Weston,the Town of Barnstable wiring inspector. 410.180: The tenant produced evidence which showed he paid the water bills on several occasions. The owner shall provide for the occupant of every dwelling a supply of water sufficient in quantity and pressure to meet the ordinary needs of the occupant, connected with the public water supply system, or with any other source that the Board of Health has determined does not endanger the health of any potential user. Also,the tenant stated that the chimney flue does not close and is letting cold air into the house. You are directed to correct the above listed violations within seven (7) days of receipt of this notice by repairing the bathroom ceiling, repairing the kitchen ceiling, replacing the fuses in the electrical box, and paying all water bills. 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,this violation 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. You are also subject to non criminal citations of$40.00 for the first violation and$15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health cc: Richard Barber suss l o4 ��� i,,,�v, ads����✓'f- . At d i' L d6u � C CENTERVILLE-OSTERVILLE- 'Sf�m�A 1VT'IO , sr�4 MARSTONS MILLS WATER DEPARTMENT C-O MM WATER DEPT. u WATER + PO. BOX 369— 1138 MAIN STREET :5 'PO.BOX369 J E PT. OSTERVILLE�MA ' OSTERVILLE,MASSACHUSETTS 02655 0265541369 r 9�srOfms�`y TELEPHONE: (508)428-6691 SERVICE ADDRESS v0o WACCOWtNo 'A'T--i1:::'1:'31 C: 1:5c' P TNE:ci AVE �PI.EASERPAYTgtS�AMdNAe a I. cF: 1i� ( c?.ts3c • C -3 I__. PLEASE MAKE CHECKS PAYABLE TO"C-O-MM WATER DEPT." PLEASE RETURN THIS STUB WITH YOUR PAYMENT.PLEASE PUT YOUR ACCOUNT NO.ON CHECK. This form made of recycled paper —————— RETAIN THIS PORTION FOR YOUR RECORDS SERVICE ADDRESS ACCOUNT NO. PREVIOUS !c i ' I I` 5 BALANCE WATER BILLS UNPAID AFTER(30)DAYS FROM DATE OF ISSUE ARE SUBJECT PAYMENTS TO INTEREST CHARGES,AND TERMINATION OF SERVICE FOR ACCOUNTS &CREDITS PAST DUE (120) DAYS. ALL IN ACCORDANCE WITH CENTERVILLE- OSTERVILLE-MARSTONS MILLS WATER DEPT.RULES AND REGULATIONS. INTEREST TELEPHONE:(508)428-6691. CHARGE PERIOD COVERED PREVIOUS METER CURRENT METER CONSUMPTION CURRENT— FROM TO READING READING 1000'sOFGAL. CHARGES 6i"AL-1-f.1N" EXCESS CHARGE PERIODCOVERED MINIMUM '.. `r 0 (,)Vl::.F;' 20 k. i o 2100 f<. t:ll:;I..I:l._I. 9"5 CHARGE � .G a.. 0 �;>v.1:i"IJt'I I:l.►I: W*rTI..;7:6t 30 DAYS Bri1..ril,,4t;F.: IS) ,`-�:�1;.!!ftl_ TN'�I:_��',`:"::;T F�:�=r i i::. 7.�i•'d .I.t��/;):1 ��r`�a `�xAMovN1'btt�t��x :I.f>,. CII. YjI� 241-9 3 z lll. 3481 636` 564 Receipt for Certified Mail © No Insurance Coverage Provided WTED STATES Do not use for International Mail (See Reverse) r M Sant o) t St r nd No. 2 2 P e and ZIP Code C C) Postage 40 E Certified Fee O LL Special Delivery Fee V) Wstnetodl dkv6N F6 Return Roce`ipt Showing' � to Whom&Date Delivered Ll Return Receipt Showing to Vile— Date,and Addressee's ,AA TOTAL Postage �\ &Fees Postmark or Dat�Y ^(� u sP� STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). m 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address 12 leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do,not want this receipt postmarked,stick the gummed stub to the right of the return rn address of the article, date,detach and retain the receipt,and mail the article. rn � r 3. If you want a return receipt,write the certified mail number and your name and address on a ' return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 105603-93-13-0218 i Town of Barnstable ` Health Department NMIL 367 Main Street, Hyannis, MA 02601 { RAW ,e» Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 18, 1996 Joseph Affanato 152 Rear Pleasant Pines Avenue Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51 The property owned by you located at 152 Pleasant Pines Avenue, Centerville was inspected on September 11, 1996 by Christina Kuchinski, RS Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the State Sanitary Code were observed: 410.500: The bathroom ceiling was water damaged and growing mold/mildew. 410.500: The kitchen ceiling in the area of the windows was water damaged. 410.351: There were three fuses with an amperage rating of 30 amps each in the branch electrical box for the house. Only fuses with an amperage rating of 25 amps maximum are allowed for residential use according to Robert Weston, the Town of Barnstable wiring inspector. 410.180: The tenant produced evidence which showed he paid the water bills on several occasions. The owner shall provide for the occupant of every dwelling a supply of water sufficient in quantity and pressure to meet the ordinary needs of the occupant, connected with the public water supply system, or with any other source that the Board of Health has determined does not endanger the health of any potential user. Also, the tenant stated that the chimney flue does not close and is letting cold air into the house. You are directed to correct the above listed violations within seven (7) days of receipt of this notice by repairing the bathroom ceiling, repairing the kitchen ceiling, replacing the fuses in the electrical box, and paying all water bills. 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, this violation 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. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thof'as A. McKean Director of Public Health cc: Richard Barber 'I►9�f�lOQ.rtg. I�� 19-A" 0 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410,00, STATE SANITARY CODE 11, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at i5a- �Ceo,� was inspected on Pm I,y a'yllt/ 2-F ,I lealth Agent for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the Sanitary Code II were observed: y/o. y/o, S`o S boss 4-f-4C 76 wa �S'crF�Gl2d� / 9L,4, fit lr o d a, � � .� A. ! � 000CU Y , r cted to correct�ieviolafion o in- �o eipt of this �tice ae y 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 Ilcalth within seven (7) clays aRer the (late 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 (lay's failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. Enclosed are citation numbers due to violations observed on PER ORDER OF THE BOARD OF IIEALTH Thomas A. McKean Director of Public Health Town of Barnstable Fom30 Hosssa WARREN,INC.NOV.1979.1983 THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH � 6( JD CITY/TOWN DEPART ENT ADDRE8 -2,90 , 2LS-- P /I-' /TELEPHONE Address _ .� c-f Occu^Lp/aGnt� �� ._/_6e v Floor Apartme`19 o.of Occupant No.of Habitable Rooms No.Sleeping Rooms No.dwelling or rooming units N Stories Name and addre/s of own r �e a_h�- 44 r -r� 'P,(./'Cl C X Remarks Reg. Vim YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress:and Obst'n.: ❑ B ❑ F ❑ M Doors,Windows: Roof Gutters, Drains: Walls: Foundation: Chimney: ve w(1 f 1-a-t' e �R- - c-/jbwr, BASEMENT Gen.Sanitation: v.Sc Dampness: Stairs: Lighting: STRUCTURE INT. Hall,Stairway: vtn o ja41Ae Obst'n.: 0--fL11 Hall, Floor,Wall,Ceiling: , Hall Lighting: iCt - /wr�uo^P�t t Hall Windows: t,cJl Lc-f , Cl2�J _ l HEATING Chimneys: ' Central ❑Y ❑ N Equip. Repair 6/ TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: /J<4,r4- bi/rr (e:L4 ❑MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: _ 30 Q-�^�� �eJ ji, �t +•�L c e rcea ❑ 110 ❑220 Fusing,Grnd.: box AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom Pantry Den Living Room Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.: Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink Stove Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: Wash Basin Shower or Tub: Infestation Rats Mice Roaches or Other: -Earess Dual and Obst'n: General Building Posted Locks on Doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PERJURY." J - !'Ak4p INSPECTOR {ITLE— 7CtT (� y //,, A.M. DATE / TIME Zy A.M. THE NEXT SCHEDULED REINSPECTION P.M. 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may.endanger or impair the health, or safety and well-being of a person or persons occupying the premises. This listing is composed of these items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter II, 105 CMR 410.000 through 410.499 state minimum requirements of fitness for human habitation, any violation has the potential to fall within this category in any given situation but may not do so in every case and therefore cannot be included in this listing. Failure to include shall in no way be construed as.a determination that other violations may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833 nor shall it affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shut-off and/or failure to restore electricity or gas. (D) Failure to supply the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253(A), 410.253(B) and the lighting in common area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage system in operable condition as required by 105 CMR 410.150(A)(1) and 410.300. G Failure to provide adequate exits or the obstruction of an exit ( ). P q Y passageway or common area caused by an object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450 and 410.451. (H) Failure to comply with the security requirements of 105 CMR 4110.480(D). (I) Failure to comply with any provisions of 105 CMR 410.600 through 410.602 'w'hich results in any accumulation of garbage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of lead-based paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regualtions for Lead Poisoning Prevention and Control 105 CMR 460.000. (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or imPSirment to health or dafet Y. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted .plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilities as are required by 105 CMR 410.351 and 410.352 so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any of the following conditions which remain uncorrected for a period of five or more days following- the notice to or knowledge of the owner of said condition or conditions: (1) lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either operable. (2) failure to provide a washbasin and a shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which renders them inoperable. (3) any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in violation of generally accepted plumbing heating,• gas-fitting, or electrical wiring standards that do not create an immediate hazard. .W failure to maintain a safe handrail or .protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A) and 410.503(B). (5) failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (N) Amy other violation of Chapter II not enumerated in 105 CMR 410.750(A) through (M) shall be deemed to be a condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. c• SENDER: v ■Complete items 1 and/or 2 for additional services. I also wish to receive the rn ■Complete items 3,4a,and 4b. following services(for an d ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. d ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address permit. d ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery fA t ■The ReturnReceipt will show to whom the article was delivered and the date .. delivered. Consult postmaster for fee. a o 3.4rqcle Addressed to: 4a.Article Number .�. C +I E 4b.Service Type 1 0 ❑ Registered �'Certified ¢ I1 rn N ❑ Express Mail ❑ Insured w Q gekgeet �f eceipt for Merchandise ❑ COD 1.Date df<QbIivery �,L .9,4-11 A rr 5.Received By:(Print Na e [ ddressee's Address(Only if requested W G, 'yand feeds paid) t 6.Si see ure:(Addy s orAg i X H PS F,6rm 3811, Decemb r 694 Domestic Return Receipt MA cD first Class Alt rf's"' UNITED STATES POSTAL SERVICE Q stag& e_es'Paid . j p oCT CI) 2ermit`No.G 10' Q • Print your name, ss, and ZIP Code in this box • Q Health Department o Town of Barnstable P.O.Box 534 Hyannis,Massachusetts 026M fax(508)775-3344 Ph=(508)7WQ5 I� ] HM ] ] 0] HEALTH MASTER ] HELP [ ] R E C O R D ] ACTION III For Parcel Number ] 234] ] 004] ] T00] ] ] Rental Property(Y/N) [ ] Owner Name ] AFFANATO, JOSEPH C ] Zone of Contrib (Y/N) [ ] Location ] 152 PLEASANT PINES AVE CENT ] Contaminant Rel (Y/N) [ ] Business Name [ ] Area Number Contact Person [ ] Phone [000] [ ] Fuel Storage Tank Permit [ ] Card on File [ ] Perc Test Well Septic File/Permit No. [ ] [ ] [94-399 ] Issuance Date [ ] [0722941 Completion Date [ ] [0727941 Last Communications [ ] (MMDDYY) Comments [UPGRADE ] Cancel [ ] NEXT SCREEN [HM ] ACTION [ ] PARCEL NBR [ ] [ ] [ ] TANK NBR [ ] ] ] McKean Thomas lb From: McKean Thomas To: Schernig Bob Cc: Traczyk Art Subject: ZBA Appeals#1995-17 and 1995-18/ 152 Pleasant Pine Road, Centerville Date: Monday, January 30, 1995 10:04AM Priority I received a copy of the staff report dated January 25, 1995 and was unable to locate any comments regarding the Town Ordinance- Regulation of Wastewater Discharge or the Board of Health 330 Regulation. The lot is only 0.50 acres and there are three bedrooms existing. The current wastewater discharge flow already totals the maximum allowable (330 gallons based on 110 gallons per bedroom). Therefore, the construction of an additional bedroom would be prohibited under these regulations. i Page 1 Town of Barnstable Planning Department drn+� Staff Report-Appeals No. 1995-17 and 18-Affanato Special Permit-Family Apartment,and Special Permit,Non-Conforming Uses-Two Residential Structures M1a Date: January 25, 1995 To: Zoning Board of Appeals From: Robert P. Schemig,Director Art Traczyk,Principal Planner Dave Palmer,Assistant Planner Application Summary: Appeals No. 1995-17 and 1995-18 Applicant/Owner: Joseph Affanato Address: C/O Edward W. Kirk,Esq., P.O.Box 393,Osterville,MA Property Location: 152 Pleasant Pine Road,Centerville,MA Assessor's Map/Parcel 234-004 TOO[004 Co with 0.35 acres&004 Ba with 0.14 acr sl 0.50 acres total Zoning: I en is�TDtstric Centerville); RF-Residential rict amstable) Groundwater Ove GP-Groundwater Protection Dis 'ct Applicant's Request: ppea o. - : Special Permit under Section 3-3.1 (3 D): Family Apartment; Appeal No. 1995-18: Special Permit to Section 4-4.2 Non-Conforming Uses Activity Request: To permit two residential structures on one lot,one of which to be used and developed as a family apartment. Procedural Provisions: M.G.L. Chapter 40 A, Section 15 Filed: January 09, 1995; Scheduled to February 1, 1995 ZBA Meeting Background Information: According to the Assessor's records,the parcel has 0.50 Acres total(includes both Barnstable Village and Centerville Village land). The parcel contains a single family dwelling,built in 1950 with three bedrooms, two baths and 1,506 gross sq. ft. of floor area(GFA). The records also indicate a detached garage(12 ft.by 22 ft.)and a"shed" (10 ft.by 22 ft.). The parcel is serviced by public water,gas,and a private septic system. The applicant has applied for two forms of relief,one a special permit for the continuance of a non-conforming use of two dwellings on one lot,and the second for a special permit for a family apartment. The applicant is also before the Board with and appeal of the decision of the Building Inspector to cease and desist the building of the unit(Appeal No. 1994- 116). According to the applicant the existing accessory garage structure has been replaced with a new accessory structure. He desires to use the new structure as a dwelling. The applicant has provided a detailed statement explaining the rationale for the appeals. TOWN OF UJUMSTABILE Zoning Board of Appeals Application for Family Apartment Special Permit Date Received For -office use only: T Appeal I g2sr /'7 own 'Clerk office �earing Date t-;Z / 97 Decision Due 1.1 IN The undersigned hereby applies to the zoning Board of Appeals for a special Permit for the development and maintaining of a Family Apartment in accordance with section 3-1. 1(3) (D) of the zoning ordinance, in the manner and for the reasons hereinafter set forth: Applicant Name: Jai C � �� � , Phoneo2�^ y�� � Applicant Address: SRO e)�) c��17 w �� ��r oP 0. j6 J5 D`r 1 Property Location: ,l� X�19���✓r- �i c%C1 Property owner: ��� C r ' � Phone -7t/. V'(/J Address of owner: i* '1 ���1 -f/ !✓-O �l�`� �� ��J��ILL / , if applicant differs from owner, state nature of interest: ZZ Number of Years owned: aT Yin Assessor's Map/Parcel Number: 0:7 V- 92 d 701 Zoning District: RB [ ] , RB-1 [ ] r RC [ J , RC-1 [ J , RC-2 [ ] , RD [ ] , RD-li RF ](l i RF-1 [ J , RF-2 RG [ ] . Rom{ [ J , PR [ J • Groundwater overlay District: AP [ ] , GP yl , WP [ ] • Names) and relationship of the family members to occupy the Family Apartments flame: �T7�C i�f �/ �� Relationship to owners s 4 d2l) :f Name:�� �� } 1 Relationship to owners: c�'Q ►�! The Family Apartment is to be developed: [ ] within the existing single family structure. � ) as an addition to the existing single family structure. t1a' in an existing accessory building. [ J other - please Explain: Staff Report No. 95-17 and 1995-18: Affanato Special Permit Family Apartment and Variance to Use Regulations Staff Observations: Concerning the non-conformity of the use,the applicant noted that the home was originally built in 1955 as a duplex. In 1955 the property was zoned RB-1 which permitted only single family dwellings. The applicant should be prepared to present verification(through building permits)that the use was legally established in conformance to zoning. As per a telephone conversation with Attorney Kirk on January 26,1995 the principal dwelling on site is now a single family home occupied by a renter,Richard Barber and sometimes by Joseph Affanato. According to the Town of Barnstable List of Persons of 1994 both parties live at 152 Pleasant Pines Road. The second dwelling, again per a telephone conversation with Attorney Kirk,will be occupied by Joseph Affanato and occasionally by Mark Affanato. Attorney Kirk was advised by staff that: "The family apartment is the primary year-round residence of the family member(s) residing therein"per Section 3-1.1 (313(i))and(g)"The family apartment is occupied by members of the property owner's family only". Application for A is No. 1995-17 and 1995-18 attachments: Appeals [including Site Plan and plan and elevations of new structure] Assessor Field Card and Map copies: Applicant,c/o attorney Kirk Building Commissioner Board of Health C-0-MM Fire District Zoning Board of Appeals Files Appeal No's 1995-17 and 1995-18 Town of Barnstabll Family Apartment Affidavit C-_ ` being on oath, depose and state as follows : I. I -reside at ��r�- �� EYES Yi-�j j f 11JV_s Cfi/t.4T. that I have owned since toll, and which is my domicile and principal residence. The property is nhown -on Barnstable Assessor's Hap and Parcel llumber /.OD__q-. 1_0(D 2. on 19 ,the zoning Board of Appeals, in Appeal No. granted to me a special Permit to develop and maintain a Family Apartment in accordance with section 3-1.1(3) (D) of the zoning ordinance and in agreement with condition of that Special Permit at the premises above. 3 The following members of my family will be the sole occupant(s) of the Family Apartment Unit N ame:��S J y9 yA C. 1 K r ffij T 1) p Relations hi to owners flame., {/Y11�1�)Z '�'�FI�T1 Y�-'1—D Relationship to owner: S O r4 I understand that the Family Apartments * shall only be occupied by members of my family who are persons related to me by blood or by marriage, * shall be the primary year-round residence for the identified family members, * shall not be sublet or subleased to any other. person(s) , and * shall, at all times, be in compliance with all conditions of the special Permit issued by the zoning Board of Appeals, including plans and commitment made in the application and approved by the Board. Thin affidavit shall be filed annually with the Building Inspectors office and if the unit shall be vacated by 'the above identified family members, I shall within 30 days notify the Building Inspectors Office of that and shall immediately proceed with the removal of the family apartment unit. In the event of the sale or transfer of ownership of the above property, I shall notify the building Inspectors office and shall surrender the Special Permit for this Family Apartment. �- Sworn to under the pains a d penalties of per) this/ y of r 19 � signature: A (Please Print) llama: 7T 0 firT73 14 sla, Phone: SDn - q .3 T Hailing Address: t S l" �a� siv:-I- 14 /C CehTorv( 1I&/ /V/-J5.5aC,444 f� 0 63 A lication for PamLill y A artment s ecial Permit )eacription of Construction Activity: CT vcrcn� ` . . 6� eq.ft. Apartment Unit: . . . . . . . . Proposed Grose Floor Area of the Family Dwellin Unit: �y�—.�-- a9.ft. The Grose Floor Area of the. Existing single Family 9 and proposed, comply with all setback No( ] Do all structures, existing ] requirements for the zoning District in which it is located? . . . . . . . Yes Will this be the permanent address of the occupant(s) of the Yee No( ] Family Apartment: . . . . . . . • • • • • • . . . . . . . . . . if no, please Explain: ' Yes[ ] No� Is the property located in an Historic District?oKN Use _onlYt No Exterior Changes. . . . . . . . . . . . ( ] Plan Review Number Date Approved Yee[ ] No� Ie the building a designated tlistoriifye�ark? Historic Department Use only: Date Approved Yes No[ ] Is the property served by public water supply? Yes[ No[ ] Is the property on private septic? If yes Health Department Use only: Title V system Yes[ ] No( ] Date Approved Date signature: G nature 7 Applicant or All signature �) 0 J( Phone. Agent s Address : Q P 6.57AG M Y \ r ' O O ' pp M� 66-6 66-7 d M bb-5 .40AC .40AG 66.8 .49Ac .SoAr- Iq-r14.40 of !S 0 � Jb 1 Of q'i1C- gas (4Pp I 0 • y 66-4 .Sf.I+G 66-t' 6fi-I by-3 0 lewd w .4SAG ee v C 06 -- 234 OPEN 5, (n-t34-6i-9) 1� 'A AL I of co 3°t At 5�► I.OIAc-S .09Ac-s -s sw .t � powc t►. ota- q�c-s e.. 1 9 1 :sws .4� 0]ALi K -2 4c0 env .49Ar j iy AGO t Teo �— Nc- AC- 4 co •����' +r • 1t son y ?co t 0111'rwr ew 9c 6 e6✓ Ab 1 \` .o � s _ Q et OAT 00 1 tom✓ A. % + i 1 1 . , , 1.1,K M►"" 55A►a ►er 64 � 1 t � �`� 1 AT IC =.9 e tc `f 1 ,r 1 IMP , t ; f-60 sa]AC n 13 M AC �t5 t4 Au LOTS w/t�3oo Mtn. s 14 APPEALS -� �17 � � n A • 6 tin 23q - 9 `�M y�� .SA WAY le MAN 234, �cx)a ) 1 1t 233 r7 f / too so b m AC A FFA WHTO t I1 f 1U 19 ,6 AC-s m K o 4�pC5 � b __ 20 � �h i } 1 ...•..r.,.--•ter......,, �s •...rw� 1[ �ryM.J C � ,► rr�,r�.+pro►+ °W" TAW puii.y rr.aV :uoa�mra A400 1 J ~ � v c 7 .�CLGVI.TIGN i 41 � ..oe focwiti r/�'- 1'-O' = 4.CPT Cl-GVhTl01�► V lilt ill Im a � 4 �IlbIT C�.GVI.Ttio►� "OO Hcw{w� 1/q'• I''O' Gw�w#ions .eo loLwlw� 1/4' 1'-O� 1tl1i1� O O 1 m � jil WINDOW 6Q1[DULI ; ' 1 rr.an u,rr. rA1 Q1'r. �. M. �punai p p,M n,[ , a..r•.serr �� min �Y 1 NLIY.MM• d w.—Y�1 . � ..,.— CP1[9Y� (ter 1 Mr••.tOY/ y .Ir�rY �ns � S v c = Y i ...ti« I -• -- .f r � rO' I Q o • 4 = �I I i ! c a•- rtOoR.PLAN 1-orT'rtOGRr PLAN Ya a1T. *r>ti nrr ,olu ws+c p1uM4°itf1: , .YY 1 /r—IY,1pWM N Ar✓1"I.R.I✓.I1.. [....M/r• t .�Y.Y MYI� � .w•Y VT 1 IGYr.,�.YY r. • n�u1Ql ` a .. r 4 � V y � c � + d r = 3 .-. ......... v ..... d .......... ...._... . 1 1 •,N .1 i....... ._.............__. �...._..- fr 1-VUWVArkVN PLAN e � ow.w..b tar rovnLtvn PL.n 9.IR Yl�� Aro0 x CURVE RADIUS I LENGTH I DELTA Ci 791.29 4.65 00'2013 C2 447.85 e.06 00'46'31 N/F JENKINS ce Fm VATH S 87'06'21' E u CENIER v 100.00• — tr�r y r ry,y zxA FYEW ,f 14 L4 � � a a£ 21.807 SF f — N N o�T3,8 CC i o C m ms z Z uo te.4 8 m En } teAr PK NAIL►xD DOSTDWLG a. J� 33-T \ 'N g %Z 4 z W 2 PATO m g 1ex w qq� o ani a 9< S' 64.99 TL�261.18' L.g6.ig o R�A 0.01' y PINES 10-07-48 TOVM LAYOUT ce Ciao R.7g1?91 40.00-F�VADE A tV-1 �s c2 ORB�e �--- V f IV V E P Q SITE PLAN OF LAND . AT #152 PLEASANT PINES AVENUE NOTES' CENTERVILLE (BARNSTABLE) MASS SURVEY/BUILDING LOCATION DATE: 01-03-95 LOCUS SHOWN ON BARNSTABLE ASSESSORS FOR MAP 234 PARCEL 4 CURRENT ZONING: RD-1 (SOUTH) RG (NORTH) JOSEPH AFFANATO LOCUS WITHIN GROUNDWATER PROTECTION OVERLAY DISTRICT SCALE: 1•' = 40' JANUARY 5, 1995 LOCUS DEED: 1572/239 BAXTER &NYE, INC. LOCUS PLAN: LOT 8 PLAN BOOK 137 PACE 153 812 MAIN STREET OSTERVILLE, MASS., 02655 or GRAPHIC SCALE " I UXTER a 0 20 w ao ( IN ter ) I inch - 40 fL 894173 - CPPOI.DWG 1 RTv ADDRESS I I ZONING (DISTRICT CODE SP-DISTS.IDATE PRINTED(STATE I PCS I NBHD U152 PLEASANT PINES AVE 10 CLASS KEY No ER FEATURES DESCRIPTION RD-1 300 1000 12/18/93 1011 00 51BB R234 004.T00 ADJUSTMENT FACTORS 1,4 5 6 9- ]f��B�, TH s,•omanaw.l v UNIT ADJ'D.UNIT ACRES/UNITS VALUE ,a„ A F F A N A T 0, J O S E P H M A P- / co FF.o•nvAcws OC.TYR SPEC.Ctws ADJ. COND. P PRICE PRICE 9ICI�ND 10 18LOG.SIT. 1 X .5 =10 1 19,400 CARDS IN NT - 150 35999.9 53999.9 .36 19400 OBLOG(S)-CARD-1 1 74,900 01 01 BATHS 2.0 U X �tHN 152 C= 100 6139.0 6139.0 1.00 6100 a MSN PLEASANT PINES AVE CENT MARKET 86600 NO BSMT S X C= 100 5.8c 5.81 1506 8700-8 #RR 1281 0101 INCOME FIREPLACE U X C= 100 3069.5 3069.5 1.00 3100 a USE EXT FIREPL U X C= 100 1315.5 -1315.5 1.00 1300 B APPRAISED VALUE A 94,300 PARCEL SUMMARY LAND 19400 BLDGS 74900 0-IMPS TOTAL 94300 N CNST DEED REFERENCEI Tres DATE , P R I O R YEAR VALUE eaa. Paps ""'• MD. Y" salty Fno. LAND 19400 1572/25 , ,00/00 BLDGS 74900 TOTAL 94300 BUILDING PERMIT LAND LAND-ADJ INC ME SE SP-BLDS FEATURE BLD-ADDS UNITS Nib.. D"' Type Aw 4 19400 1800 cues Una Umn Be"Rau Aq.Rns r 1 Aqs O•p. CaW. CND. I Lae. %R.O. RAP.Cam Na. A¢R.O.VW- Sbrus NSIpIM no.A Rlm BsIM Oft. PaA1r.0 Fae. 01C 000 105 105 52.45 55.07 50 75 16 84 .110 95 86.9 86198 74900 1.0 b 3 2.0 7.0 D•snpaln R.I. Spusrs FM Co•1 MKT.INDEX: 1.00 M BvroATE: / SCALE: 1/0 0.6 5 ELEMENTS E CON pETAM. BAS . 100 55.07 1506 RVA5 FMP 55 5.50 266 1463 *----16---* STYLE _SGU03RANCH 0. *----16----* *----16---# DESTGN--KVJMT -01 ESIGN-ADJUST---- ' ! ! EXTER:BACCS-- -11 OD-WrNGL-ES---V: ! ! HE7CT1AC--TTP1E' -0 KS=ROT-WATER---31: 1 ! ' INTER:FTMISW -1 KRIOUS----------11: ! ! INTER;L TOOT -12 AYER:7NORMA---"-V: 1 26 INTER:OUICCTT -0 1 AZOVE--El TEIU.------ff; ! BASE ! FLUIIR-ST•ROCT -02 -.DOTS-TIBFKM-"--U: W : 40 ! EFLITOR-COVER-- -06 A'RPET-&_VINTC-"V: T«u A.a.. A,.. 266.e..._ 1506 ! ! RDUF T TTPE---- -01 KBE E-7CSPR-3R"---0. BUILDING DIMENSIONS 1- ! ELECTRITQC-"" -01 YERAST--"---"--'V:BAS. N4O E16 M03 E16 S03 E16 S26 ! +----19---33*-------- FOUNDATI'OR--- -02 CRFfE-BL-UCK"Y4:W33 OAS S14.W15 .. FMP E14 N14 . ! ! ! --------------- _-- ----------------____-- E19 S14 . W33 .. ! .14 . 14: ---- NE11i1t80 00 3?BB-TENTE1tVILtF" ! ! ! LAND TOTAL MARKET ! ! ! PARCEL- 19400 94300 X---r15---FMP--------: AREA 45022 VARIANCE • ;0 • t109' S . STANDARD 25 TOPOGRAPHY: I .LEVEL * TOPOGRAPHY. * UTILITIES' •2 PUB WATER * UTILITIES 4 GAS .* 'UTILITIES 6 SEPTIC ST. FEATURE I .PAVED * ST . FEATURE * ST . FEATURE * ST. COND. * :TRAFFIC PLIGHT DWELL LOC. 2 MIDDLE * LOCATION * .AMENITIES * AMENITIES * NIITSANCFc Nil IIZANCF1z S r PERTY ADDRESS I I ZONING (DISTRICT CODE SP-DISTS.IDATE PRINTED(STATE I PCS I NBHD 0152 PLEASANT PINES AVE 04 Cuss KEY N� R IT F 100 04BA 12/18/93 1011 DO 5188 R234 004.800 1456 LAND/OTHER FEATURES DESCRIPTION iION ADJUSTMENT FACTORS iano arrDart 5�ee o�mens�on LOC./YR.SPEC.CLAS ADJ. COND. P PRICE PRICE CD FF rNAvet Y UNIT ADJ'p.UNIT ACAES/UNITS VALUE o..crpl,o„ A F F A N A T0. J O S E P H C M A P- 11. 1RESIDUAL 1 X .5 =10 #LAND 1 IP500 CARDS IN ACCOUNT 150 7200.0 10800.0 .14 1500 #OTHER FEATURE 1 7.200 01 OF 01 RG1 DETGAR S 12 X 22 C= 100 19.3 : 19.3 264 5100 F #RR IPL PLEASANT PINES AVE BARN SHED S 10 X 22 C= 100 9.7 9.7 MARKEt 1950 220 2100 F INCOME A USE i APPRAISED VALUc A 8,70C U PARCEL ' SUMMARY S LAND 150C T BLDGS M 0—IMPS 720C E TOTAL 870C N N CNST 2470C T DEED REFERENc I= DATE PRIOR YEAR V A L i- S Beek Pt" In" Mo. Yr. Sao-P ft. LAND 15 0 C 1572/25 .00/00 BLDGS 720C TOTAL 870C I 1 I I BUILDING PERMIT * R G 1 - A N D SHED LAND LAND—ADJ INC ME SE SP-BLDS FEATURE OLD—ADJ UNITS N,�ne.. Due T"m ARE ATTACHED.. 1500 T2 0 Glatt Unfit Umn Base RNt Aej.Rara V ar u Norm. OOte. Atlual Aa Dap- Canso. CND. I.M. N R.G. R-0.Coss N. Adj.P.O.Vol. $Writs D. HagN Roomt Rrnt Ban. /ft< Otacnpl.n R.I. Spuan Feal Repl.Coal MKT.INDEX: IMP.SYIDATE: / SCALE: ELEMENTS E CONSTRUCTKXV DETAIL ----------""- --- --- --- --- --------------- --------- --- Total Araq Aux Bar ___ BUILDING DIMENSIONS ___ --- NE-MR90 00 -"8B7TENT"VIL-rE— LAND TOTAL MARKET PARCEL? 1500 8700 AREA 45022 'VARIANCE • 40 . +0 STANDARD 25 TOP06RAPHY:I :LEVEL• • TOPOGRAPHY * UTILITIES . 2 PUB WATER. -*".UTILITIES ::4 GAS = 'UTILITIES b• SEPTIC ST:FEATURE `1 :PAVED + ST: FEATURE * ST .FEATURE *AMENITIES St. COND DWELL LOC. ItREAR/DEEP: *:LOCATION .*; . *:TRAFFIC. 11LIGHT NUISANCES # * l *'.AMENITIES *NUISANCES` WWII OF L1111 1A1ii1�U.i.a.. Zoning Board of Appeals >,nnlicetion for aerial Permit _ For office 119e only: Date Received Appeal 1 /cllS � Town clerk office Hearing Date yiii; -:i ' , Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a special Permit, in the manner and for the reasons hereinafter set forth: Phone yoZ Applicant Names Applicant Address; Property Locations Phone Property owner: Address of owners /S�.? ✓Lf ��T '' ��� /�"`' G � 4 if applicant differs from owner, state nature of interests dumber of Years owned: Asseseor's Hap/Parcel numbers ,p Zoning Districts y1 � Groundwater overlay District: /0 special Permit Requeeteds a Cite section i Title of the Zoning ordinance Description of Activity/Reason for Request: S�� � � 4X� s77q7-,151W1Z Description of construction Activity (if applicable) : Proposed Grose Floor Area to be Added: Altered: existing Level of Development of the property Dumber of Dui.ldinges Present Use(s) s � (�n,� Tr � Gross Floor Area: eq� � , r Applichtion for a special Permit Is the property located in an Historic Dintrict? Yee [ j Ila If yes ORH Use only.- Plan Review :lumber Date Approved Is the building a designated Historic Landmark? Yes ( ] 110 If yes Historic Preservation Department Use only: Date Approved Have you applied for a building permit? Yes 110 [ ) Ilan the Building Inspector refused a permit? SE,E' �G�!/_ <,� Yee ( ) 110 All applications for a special Permit require an approved site Plan. That process must be succeenfully completed prior to submitting this application to the Zoning Board of Appeals. For nuilding Department Use onlys Hot Required - single Family O Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of 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 and surrounding roadways and the location of the existing improvements on the land. Five (5) copies of a proposed site improvement plan, drawn by a certified professional and approved by the Site Plan Review committee In required for all proposed development activities. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. see "contents of site Piano, section 4-7.5 of the Zoning ordinance, for detailed requirements. The applicant may submit any additional supporting documents to assist the Board in making its determination. signatures - / X Dane APb11Bcant,�,s ,or Ac; nt - gnature 7 as Agent's Address i V �� " //�l /��/'�c1.✓ Phone ydt STATEMENT OF REASONS FOR REQUEST FOR SPECIAL PERMIT BY JOSEPH AFFANATO The applicant requests that the Board of Appeals grant a special permit which will allow the applicant to use a now existing and lawful structure for residential purposes . The applicant satisfies the criteria set forth in the ordinance for the issuance of a special permit under two sections of the ordinance: 1 . The extension of non-conforming uses (4-4 . 2) 2 . The allowance of family apartments in residential districts (3-1 . 1 para 3) D) and 3-3 .para. 3) C) . BACKGROUND TO THE APPLICATION In 1955 at the time of the construction of the principal dwelling unit on the lot, the principal structure was a duplex or two family house. At or shortly after construction of the principal structure, a smaller accessory structure was built by the owner at the rear middle of the lot. This structure was located on a footprint of 22 x 21 with a 30 square foot extension at the front. The original owner also installed electricity, a shower and a toilet, which had it' s own septic system. The structure was used in the fashion of a camp/cottage by the original owner, family and friends on a seasonal basis as well as for passive storage. The current owner purchased the property in 1970 and has used the structure in the same manner since that time. The structure has been used for residential purposes in this manner by the owners of the property since the structure was first built more than 40 years ago. On July 25, 1994 the owner made application to the Building Department for approval to remove the existing structure and replace on the same basic footprint a new structure to be used only by the owner for residential purposes . The permit was issued on August 111994 and the work was begun. In early September 1994 in response to a telephone inquiry from an abutter about the structure, the Building Department requested additional information from the owner relative to the prior use of the structure for residential purposes . This information was furnished and work continued. On or about October 14, 1994 shortly after the roof of the structure had been framed in, a request for an enforcement order was filed with the Building Inspector by the abutter, Hon. Joseph J . Reardon . The Building Inspector made no formal determination as to the status of the structure, but did place a "stop work order" on the building. With the exception of some minor work related to closing in the building and which was the result of faulty communication, all work on the building has ceased since October 14 , 1994 . The applicant has spent more than $30, 000 . 00 on the structure and the structure remains incomplete and unsightly in it 's unfinished condition. The applicant has appealed the "stop work" order in a related action. In this proceeding the applicant requests a special permit to allow the structure, which is in itself a lawful structure, to be used only by the owner for residential purposes . SECTION 4-2 . 2 The structure, (as well as the one which it is replacing) is a lawful accessory structure which violates no provision of the zoning bylaw. The use to which the prior structure was put was a lawful use which was accessory to the principal use of the lot: i .e. to serve as a seasonal camp/ cottage for the use of the owner, family and friends . No change in the use of the stucture is proposed other than the fact that a greater portion of the interior of the structure will be available for residential use and the living conditions will be more comfortable. The fact that it can be occupied on a year round basis is not a change of use. Assuming for purposes of this application that the use of an otherwise lawful accessory structure for purposes of housing guests or family of the owner on a seasonal basis is not, under current zoning, a use which is contemplated as accessory to a residential use, then such use is under the facts of this case a preexisting lawful non conforming use which may be continued. The modernization of the facility or the use of the structure on a year round basis do not constitute a change or expansion of the use. In the event that the proposed use is deemed to be a change or extension of that non-conforming use, such change is not substantially more detrimental to the neighborhood. McKean Thomas From: Schemig Bob To: McKean Thomas Subject: i 1 , ,np RE: ZBA Appeals#1995�,17 and 1995-18/ 152 Pleasant Pine Road, Centerville Date: Monday, January 30, 1995 1:08PM I agree. Art, please advise if this can be added to the case report, for ZBA information. From: McKean Thomas To: Schemig Bob .Cc: Traczyk Art Subject: ZBA Appeals#1995-17 and 1 995-1 81 1 52 Pleasant Pine Road, Centerville Date: Monday, January 30, 1995 10:04AM Priority: High I received a copy of the staff report dated January 25, 1995 and was unable to locate any comments regarding the Town Ordinance- Regulation of Wastewater Discharge or the Board f Health 330 Regulation. The lot is only 0.50 acres and there are three bedrooms existing. The current wastewater discharge flow already totals the maximum allowable (330 gallons based on 110 gallons per bedroom). Therefore,the construction of an additional bedroom would be prohibited under these regulations. A Page 1 TOWN OF BARNSTABLE LOCATION $'' Ples4--,7 Bross Aak SEWAGE # 4 299 VILLAGE_���,�ec ; �, ASSESSOR'S MAP & LOT INSTALLER'S NAME & PHONE NO. 'n j - 2'1j 2y SEPTIC TANK CAPACITY LEACHING FACILITY:(type) .-� locin gcj. + � � (size) 4 zi CF -- —r NO. OF BEDROOMS PRIVATE WELL OR PUBLIC WATER T BUILDER OR OWNER ,r�4�r�� i `� DATE PERMIT ISSUED: "7-`�, �t DATE COMPLIANCE ISSUED: 7' �� VARIANCE GRANTED: Yes IV No � �"�%� � . � - � J_ , a`"� �� O� ♦� e /�` '. ! , f �,/�n� ,p/. 1-�� � � � � i` ,�/ �. ; / r �� cC � ��,,�� � �� � h � y' ;.) No. Fss....... THE COMMONWEALTH OF MASSACHUSETTS BOAR® OF HEALTH TOWN OF BARNSTABLE Appliration for Diripwial Work-q Cn gt n rruttt Application is hereby made for a Permit to Construct ( ) or TZ 1L�xtir ( ) an Individual Sewage Disposal System at: LWition-t ldoress / or Lot No. s �rQ �--------------------------------••---- ----- ----- i� Owner Address w �c . t Al lk Installer Address UType of Building Size Lot............................Sq. feet ,.. Dwelling— No. of Bedrooms--------- --------------------------_----Expansion Attic ( ) Garbage Grinder ( ) Other—Type of Building ............................ No. of persons __-.-_-_- Showers;" Cafeteria a g P �'-------=- (� ) — ( ) dOther fixtures -----------------•-••----.-_-----------•---•-•----•----------------------------------- ---••--------- .............................................. WDesign Flow.... .........:..:..........................gallons per person per day. Total daily 'flow....e!.....................................gallons. WSeptic Tank—Liquid capacity_1500._galIons Length_I6_1P--____ Width_5._x-___---1Diameter..:............. Depth. _. ...... x Disposal Trench--No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No..--_-I_........... Diameter......R............ Depth below inlet.................•.. Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ) Percolation Test Results Performed b `/ ---- Date._ .._.. a Y - .. ... .................... Test Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water......................... Li Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water................:....... a ............. ••... ------------------------ •-••------------------- ..................••-•---.-......... ------------... Description of Soil-----S Y.. cX.....1a�---. 11................................................................................. .............. .... a.. it �..-----•......•....�..........--.. U Nature of Repairs or Alteratio*—Answer when a livable._: _'�41`;x�____ ; �_._.� �1 .._i_+f►.a" IQa`_...� .sx �' ..............p '�- �4 ng ex:�5-�1-' -- s al v^ ' Cua►r��`_1 Jtt✓�..QS..L g.._ �1.5..... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental e— undersigned further agrees not to place the system in operation until a Certificate of Compliance s b e ue y the board of health. Signed ........... .. 1 . ..- `� .......:..... ApplicationApproved By ...... . .. . ... . ............ °----- ... ................... .. .. . .. /.....................7........ .... .... . . .......... Application Disapproved for the following reaso ................................. ...... ................. . ....... ................ 71 - . ......................................... 71 1e .............. -... DarePermit No. -........... .... .. Issued ........ ............ . .......... �. .................... No.. ...,/�-...._. .? Fits.............................. THE COMMONWEALTH OF MASSACHUSETTS BOAR® OF HEALTH —` TOWN OF BARNSTABLE . pplirat iatt for Diripwi€tl Wnrk,i Towitrurti ri Famit Application is hereby made for.a Permit to Construct ( ) or�Ke°pair (✓) an Individual Sewage Disposal System at: 1�2.QIec �t Q��g Ove C6'r .(//Z .......................... ....._......._.-...................s ._...._.............._..... ........__..+..__.........._..........._._.........__..._..___._..._._._......................._.. 1 Lotion- \idress ` or Lot No. ......- N— ..GA1<#1S?.....-.................. ---•----------------------f ----•-----•-----------------•----.......---•----•-------------..............................--- ��e rrner r -•............................. ...------..........._._.................... -- .. Address a •--.......:,_�1h is-••-•-----•-•---••..................•-•--------•---•--•--•----------.._' '� Installer Address d Type of Building Size Lot............................Sq. feet Dwelling—No. of Bedrooms........'7!--------------------------------Expansion Attic ( ) Garbage Grinder ( ) • a Other—Type of Building ............................ No. of persons------ ------------------ Showers c3 ) — Cafeteria ( ) a' Other fixtures ............................... ... W Design Flow............................................gallons per person per day. Total daily flow............................................ gallons. WSeptic Tank—Liquid capacity'$ _g �gallons Length_t� .�. - %.___. Width. _ ____. Diameter................ Depth. x Disposal Trench-- No. .................... Width.................... 'Total Length.................... Total leaching area....................sq. ft Seepage Pit No------e�......._.... Diameter:___--!�...._...... Depth below inlet.................... Total leaching area.....;............sq. ft. z Other Distribution box ( ) Dosing tank ) ~' Percolation Test Results Performed b ....................................................... Date..A/.#----.-----•------•---••----- Test Pit No. I................minutes per inch Depth of Test Pit.................... Depth,to ground water........................ (T Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth's to ground water........................ Description of Soil......S�� �_:. c ..fi_.�� ... �a.�.._......._' '--------------•-•-------•-----------------..........-•--- . A� � � � �- 4 ♦ w d. � 1 r YF W V ...................................................................... ..............••-------------......--....._..------------------------......------------............ ....... U Nature of Repairs or Alterations—Answer when aRplicabie tA4<e I�.....t � �..__t t7►l�__._i ._pf Q.s...s.. �2 r � ... .... ...!c ---•t2Se r�-- rwo , ex.�s..lf��..... 1;. �" �c?�c�,'.1.,'c� S-LQ��I.I^ �l.S......... Agreement The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The)undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issue by the board of health. Signed !�'/ :.... ....................... ...... - .` NEC . G1, D Application Approved B 1.. ./f 1. �1-Y1 r �1......... .. . .... . q PP PP Y v .... '` ! �/�' r � I/l•-� ✓ ,ry'p -. ... ... ...-.�l%Date .�..y.. Application Disapproved for the following reasons. .............. .. ................................. .........../.. ....... . ........................................ ..... ...........w ..... .. ..............................................----................................... L.----.......... Da,e .---------- ........................................... Permit No. .................. ........................... Issued ........-7.1�,:-./ .�. if V 4D�e f l / � ----- ---------__-------_ THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE Cfer#ifirate of Cgumplinureby TTH IS TO CERTIFY, That the.Individual Sewage Disposal System constructed ( ) or Repaired ( ) has been installed in accordance with the provisions of TITLE 5 of The State Environmental Code as described in the application for Disposal Works Construction Permit No. .....�... f�� ... dated .._...... THE ISSUANCE OF THIS CERTIFICATE SHALL NOT E ONSTR,ED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. ,. ' ' -- -.. DATE................... .........._._.. _ ._..... .......------- -- Inspector ------ -........................-�''............,......... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH �' TOWN OF BARNSTABLE g FEE.../ ._:....... No....!... Permission is hereby granted--- � � Y= h! <: to Construct..�) or R-pair ( )�an Individualy Sewage Disposal System /�-- street ,,//�� as shown on the application for Disposal Works Constructio it IN�o.-.i-. t Dat d----.---.-_-------/1___.,................ Board of Health DATE.................... -- -�.••.... . ........................... FORM 36508 HOBBS R WARREN.INC.,PUBLISHERS Arl q$ �es.SP«�IE.S gj .� � cis s C3u �. GlevSl;o�n qF CcSSCOO1 . 30 .91 n ` her. • - ,'32.L!� W ` y 4, 4L��a�+ I