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HomeMy WebLinkAbout0054 CEDAR STREET - Health 54 Cedar Street Sewer Acct #:3088 Hyannis A = 343 -011 54 Cedar Street Sewer Acct # 3089 Hyannis A = 343 -011 0 a i h v r� .1 �� e r SEP-25-2009 07:39 FROM: T0:15oe7906304 P.2 Commonwealth of Massachusetts pl ioouiiee t Asbestos Notification Form ANF-001 DOW Number Whenf1Grtg Out,tt A. Asbestos Abatement Description Whenfll forms on the computer,use 1. a.Is this facility fee exempt-tit, .Mown,district, municipal housing authoilty,owner-occupied oruy the tab key residence of four units or less?LJ Yes ID No to Move your cursor-do not b.Provide blanket decal number if applicable:use the return Blanket Decal Number key, 2. Facility Location: DANIEL KOCH j 54 CEDAR ST j BARN JAR �- [ OZ601 dye (774}583-0244 C,Cityrrown d.State e,Zip Code f.Telephone Number INSTRUCTION$ 3. Worksite L i 1 All sectlona of this SAME form must ba a.Building Name/f3uilding location b.Building# c.Wing d.Floor e.Room completed In Oder to comply with 4. Is the facility occupied? Yes rI No DEF nolfttion roqulr4mer+ta Of 31q CMR 7.15 5. Asbestos Contractor: 'Intl the DlWsion or Occupational AIRSAFE INC s1 m ilcoTTsYizier Safety COOS) a.Name_ Addam. laquiioqu renrenb of 459 catpn NORWOOD- ;5i2 7917623390 CN1R 6.12 4.G' i rown d.Zip Code a.Telephone Number AC000464 .uoefto Number $-t;4rltr8c ® Type: Written []Verbal 6era f ntac ersan &;;erson'&Tide 8 JAIME E AMAYA JAS060647 a_Name of Q a Su ervisorlForeman b.Swegrvle or/Foreman DOS Certification Number 7 $AM COVEN AM060787 Ne f Mgnitgat b.Proiect Monitor Rgs cartification um r B ENVIROTEST LABS AA000125 a.Name Of AabB5tG9 Ana 'cal Lab I erlif n UWMor 0 9 031Z912012 1 10313012012 a,Project Start Data(mmiddlyft b.End Data mm/d a 7AM-6 PM N c.Vm nours d.Work hours§Mt n ®¢ 10. a.What type of project is this? �o ❑Demolition ❑Renovation 7-7 ❑Repair ✓[]Other,please specify: b.oescxibe 11. a.Check abatement procedures: ®° Glove bag H Encapsulation Enclosure Disposal only ,� ✓ Cleanup ❑Other,Specify: __. ._... . z ✓ Full containment b.0"Cribe ®Q 12, Is the job bring conducted: Q Indoors? Outdoors? ® anW all•10/02 Asbestos Notification corm•Page 1 of 3 SEP-2r-2009 07:40 FROM: TO:150e7906304 P.3 Commonwealth of Massachusetts ■ 100145166 Decal Number t. Asbestos Notification Form ANF-001 A. Asbestos Abatement Description (cunt.) 13. Total amount of each type of Asbestos Containing Materials(ACM)to be removed,enclosed,or It 120 � 1000 a.Totalipes or uc Inea�Tt} li Titel a—F i1-8r su aCa6 equate a Boiler,breaching,duct,tank surface coatings Lin.te. obi .ft. -� d Insulating c�nant Lin e, Corrugated or layered paper 120 j I f.Trowel/Sprayer Coa tings pipe Insulation Lin.ft. 3 TIC rLin. fL y. I C.Spray-on fireproofing L rl�t h.Transits board,wall board 6inL,--fit i.Cloths,woven fabrics un� j.Other,please Specify- tQOD k.Therml,solid core pipe JHEPA VAC,MR in$ul$tipn Un.lt- fi I 'Specify 14. Describe the decontamination system(s)to be used: 3 CHaMSER DIECON 15. Describe the containerizationldisposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)( )' 6 MIL POLY BAGS 16. For Emergency Asbestos Operations, the DEP and©O$officials who evaluated the emergency: A COONEY AS8—IN SP a.Name o Title 03127/2012 5E-12-108 0•Data rnWtW fiAu117ar UDn d.OEP'waiver a SYSTEM ASBINSP e.Name of WS Vidal 1.DUS Un'1010 Rio 0312712012 28H-2012 �ry g:Qate(mmlwd yyyy)of Authorization n.Ous waiver e ®a. 17. Do prevailing wage rates as per M.G.L. c, 149.§26.27 or 27A—F apply to this project? ❑Yes 0 No ®� B. Facility Description a RESIDENTIAL 0 1. Current or prior use of facility' 0 2. Is the facility owner-occupied residential with 4 units or less? [7 Yes ✓ No ®� 9 DANIEL KOCH PO BOX 416 a Fadli OwnAr Ngima b_Address ° MARTHA'S VINEYARID,MA71 16iiii I JZWE ®o c.CI /Town d.Zie Code e.To hone Numbar area code anw extension 4. a.Name of�acio Oumer s On�Site Manager b.OrrSite ManaW Addretas Z 4 0.Gay Own d. ip Cade e.Tefthone Number(area Code end pxlpn6ron) ■ anfoolap-ox 10102 Agbootoe NotifMtion Form•Pa . T 'SEP-P- ,5-2009 07:40 FROM: _ _ TO:15087906304 P.4 Commonwealth of Massachusetts 1001a518s peal Numtter Eft�l� Asbestos Notification Farm ANF-001 B. Facility Description (cant.) 5 a.N®m f General Con raator b,Address C !town d.Zi Goa e.T®le iane Number area code jan1d r~slion f. Pdi Number Contmotors warlcWs Came.Inriurer h.E7r ate mmldd! e. What is the size of tills facility? a.Square Feet 0.Number of 110OPS C. Asb6stos Transportation and Disposal 1. Transporter of asbestos-containing matieri8l from site to temporary storage site(if necessary): AfR3AFfG Note Transfer a.Na of Trans .Address- Nate- Stations must comply with 0V c.cltyrrawn d.Zip Corte a Telephone Number Solid Waste Dioocn 2, Transporter of asbeatoe-Wridning waste material from removal/temporary site to final disposal site: Regulations 310 CMR f 9.000 a Noma of Trans oiler � b.Addre95 ci /ream --- d ,J e.7 hone Number S A.Refuse Transfer Station aro owner b.Address d,Zie Code e,Tel hone Number 4. MINERVA ENTERPRISES INC e.Final Dis weal Site IAaaticn Name b.Foal Ois I Slte LoCctiorr Owner's Nmme 9000 MINERVA ROAD WAYNESBURG " S.Eiall Dls A 4 p:CI frown off 44f388 e.State f zip code b.Telephone Number ' a7 r3 a D. Certification N The undersigned hereby status,under the DF WAI.SH e 'penalties of perjury,that he/she has read the Narm b.Authori nd Si azure �p Commormw"h of Massachusetts regulations yp for the Removal,Containment or p ;a ;ti d S mJ yy� Encapsulation of Asbestos,453 CMR 6.00 and 81 7ti2-3390 310 CMR 7.15,and that the information Tole mbar f.R rnln contained In this notification is true and correct 61 ENDICO'I'T �4 10 the best of his/her knowledge and belief. A dress a 02�6�h.CitYfrown i.XJp(;OdatNNjRWOOO z a ■ anf001ap.tloc•10r02 Asbaotos Notification Form Page 3 of 3 The Town of Barnstable ti i BAMSTABLX. : Department of Health Safety and Environmental Services b& 10 Building Division Ado ro►o't°' 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner March 23, 1998 Michael& Evelyn McNealy 10 Capt. Noyes Road South Yarmouth, MA o2664 Re: SPR-016-98 Steel Dreams, 58B Cedar Street, Hyannis, (343/011) Proposal: Wholesale auto license, no repairs Dear Michael & Evelyn, t The above referenced proposal was reviewed at the Site Plan Review Staff Meeting of March 19, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance with the following conditions: • Office use only. • No vehicles on site. • No washing and no repairs of vehicles. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner V s SPR Meeting Notes 03/19/98 SPR-016-98 Steel Dreams, 58B Cedar Street, Hyannis, (343/011) • Proposal: Used auto sales, no repairs. Michael and Evelyn presented the proposal. Changed the proposal to Wholesale used car license only. Bayside Auto uses 2 bays. Addressed staff concerns. • Planning addressed previous uses. Applicants are now requested office use only. Discussed possibility of Zoning Board of Appeals. Planning stated if this is wholesale only, then parking is not an issue. • Building Commissioner clarified that the Applicant has changed the proposal. No vehicles will be on site. This is only office use of 15 X 14. • Planning stated office use is allowed and only one parking space is required. • Engineering visited the site. Possible problems with parking on site. Narrow access. Discussed screening from residential use. Applicant stated they will not do any repairs. • Hyannis Fire Department addressed use of building. Bayside Auto has been there about 2 1/2 years. Applicant stated the building appears to have been built in 1988. Applicant stated the prior uses were a milk company and bicycle storage. Fire Department concerned with hazardouss materials and emergency access. • Health reviewed records. Fire shows a 1996 hazardous materials registration form for 54 Cedar Street. Health addressed washing vehicles. Applicant will not do any washing of vehicles. Health is concerned with site and recommended the Site Plan Review staff invite the owner of the property in to discuss site. Oi"mer is Mr. Koch. • Building Commissioner stated the office use is allowed. A letter to Mr. Koch will be sent. Applicant stated the upstairs is being used for office currently. Applicant is leasing space from Bayside Auto. • APPROVED for office use with the following conditions: • No vehicles on site. • No washing and no repairs of vehicles. 6 Parker, Alisha From: Palkoski, Christine Sent: Wednesday, July 26, 2006 9:34 AM To: Parker, Alisha i Subject: FW: Enforcement Issues Ferrera Trucking, 54 Cedar Street, Hyannis FYI - -----Original Message----- From: Daley, Patty Sent: Friday, July 21, 2006 3:16 PM To: Palkoski, Christine; Weil,. Ruth Cc: Giangregorio, Robin; Perry, Tom; Geiler, Tom; Traczyk, Art Subject: Enforcement Issues Ferrera Trucking, 54 Cedar Street, Hyannis Hello Ruth and Christine, Apparently, everyone on the CC list has been contacted at some point, and/or has been involved in this enforcement issue (some a year ago, some a month ago. . . ) According to a neighbor, Mr. Ed Corr, the property houses Ferrera Trucking, which crushes cars, removes parts, etc. at 54 Cedar Street. (Ferrera was parking flat bed trucks on Cedar Street until Sgt. McKenna worked with engineering to get no parking signs posted. . . ) Mr. Corr is trying to determine what, if anything the town can do to abate the noise and other "nuisances" emanating from the property. Robin G. had told Mr. Corr that the zoning was changed. Assuming the use of the property is consistent with some prior approval or grandfathering (don't know, just guessing) the zoning change does. not impact the enforcement issues. I'm turning this over to Christine as the enforcement czar. Before I do, I'll recommend it that perhaps there should be a meeting with everyone who has been involved so. far, since some many folks have had some kind of hand in this? Christine, please contact Ed Corr at 775-6829 for details. Patty Patty Daley Director of Comprehensive Planning Growth. Management Department 508-862-4768 1 Parker, Alisha From: Palkoski, Christine Sent: Wednesday, July 26, 2006 9:35 AM To: Parker, Alisha Subject: FW: please add this to our discussion list J This is the other email - -----Original Message----- From: JLBartonLetters@aol.com [mailto:JLBartonLetters@aol.com] Sent: Tuesday, July 25, 2006 10:52 PM To: Kl imm, John Subject: please add this to our discussion list John - Mary and Eddie are good friends of mine and good people - sounds like Patty is helping them - just would like to give them an update Hi Jan, Just wondering if you know a Patty Daley (not sure how to spell last name) at Town Hall in Hyannis. She' s been helping Eddie with a problem we've been having with a business located on Cedar St. where we live. Eddie suggested I contact you to see if you know her and if you could give us any suggestions about our situation. Just quickly, about 2 years ago a commercial towing company was given a permit to open a business on Cedar St where we live. Cedar St is zoned for professional office businesses only, however this one location was grandfathered because Hood Milk Co used the location to store their trucks for many years and after Hood relocated a used car dealer from Rte 28 was allowed to store their overflow. Key word here is store. The towing company does a lot more than store cars. They dismantle and crush them. Air guns are going all the time and they crush cars whenever they like as early as 6 AM or as late as 11 PM. The noise is ridiculous. The owner is a jerk and has told Eddie to his face he doesn't care about the neighbors or the fact he is disturbing the neighborhood. He says "the town gave me the permit I can do what I want". Anyway, Eddie has been to the licensing board, the zoning board, the building dept, and the police dept just to name a few. All agree there is a problem and all have talked to the owner but the problem persists. Patty Daley seems to be the only person who says something will be done. Lastly, would you have any suggestions as to who else we should contact? Thanks for "listening" I appreciate your advice. Any chance you could put in a good word for us at Town Hall? Mary Corr 1 YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in You must do by M.G.L.-it does not give you permission to operate.) Business Certificates are available at the Tow ( h Main Street, Hyannis, MA 02601 (Town Hall) n Clerk's Office, 1 FL. 367 DATE: Fill in lease: ��� � {� `. APPLICANT'S �- p MI' wkd m , '. YOUR NAME/S: dh,1 &J,q k I JLN FIR � BUSINESS YOUR HOME AQDRESS:_ S- fi qr TELEPHONE # i rg"frngxx drj" Home Telephone Number fUg 7 �- 3c��rcl NAME OF CORPORATION: NAME OF NEW BUSINESS 15 TH15 A HOME OCCUPATION _ YES: TYPE OF BUSINESS � ADDRESS.OF BUSINESS C,%;lr�Fri-:"_ }r � S:.y rnz�4 ::: MAP/PAR CEL.NUMB.ER :�'d�� (Assessing), When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you.in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S OFFICE _ This individual has been.informed of any permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: 2. BOARD OF HEALTH This individual has beenjnf ermed ofthe pt requirements that pertain to this type ot.business. MUST COMPLY kAl+Tl Authorized Signature**COMMENTS: HAZARDOUS �cd(M (< rQ '� OVi � V 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business Authorized Signature** COMMENTS: C1 TOWN OF BARNSTABLE Date: TOXIC AND HAZARDOUS MATERIALS ON-SITE INVENTORY NAME OF BUSINESS: /jo 'Ltl (fuIU e_.�aJi'9Prs BUSINESS LOCATION: IY eP�,. S� //A- - rINVENTORY MAILING ADDRESS: TOTAL AMOUNT: TELEPHONE NUMBER: .S~y,f-- -7 -7S—" 3 aed CONTACT PERSON: A./r9X,1, EMERGENCY CONTACT TELEPHONE NUMBER: L_�08 -6r-jr- 621 MSDS ON SITE? TYPE OF BUSINESS:_ / /� �v!`E INFORMATION/RECOM,_'�I MENDATIONS: Fire District: t Waste Transportation.' 4AILO,% 44,141rc.- Last shipment of hazardous waste: Name of Hauler: 'Destination: Waste Product: Licensed? Yes No NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous materials use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division. LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed/Maximum Observed/Maximum Antifreeze (for gasoline or coolant systems) _ Misc. Corrosive NEW USED d Cesspool cleaners _ZL� � Austomatic transmission fluid Disinfectants Cl Engine and radiator flushes Road Salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor Oils Pesticides X NEW USED (insecticides, herbicides, rodenticides) Gasoline, Jet fuel, Aviation gas Photochemicals (Fixers) Diesel Fuel, kerosene, #2 heating oil NEW USED Misc. petroleum products: grease, Photochemicals (Developer) lubricants, gear oil . NEW USED Degreasers for engines and metal d Printing ink Degreasers for driveways &garages Wood preservatives (creosote) O Caulk/Grout Swimming pool chlorine Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers d Misc. Combustible Car wash detergents Leather dyes Car waxes and polishes Fertilizers Asphalt & roofing tar PCB's dPaints, varnishes, stains, dyes Other chlorinated hydrocarbons, 69 Lacquer thinners (inc. carbon tetrachloride) NEW USED- -- - Any other products with "poison" labels Paint &varnish removers, deglossers (including chloroform, formaldehyde, D Misc. Flammables hydrochloric acid, other acids) Floor&furniture strippers Other products not listed which you feel Metal polishes may be toxic or hazardous (please list): Laundry soil & stain removers (including bleach) Spot removers & cleaning fluids (dry cleaners) 0Other cleaning solvents Bug and tar removers Windshield wash WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS i Message Page 1 of 1 Parker, Alisha From: Palkoski, Christine Sent: Monday, August 28, 2006 3:04 PM To: Parker,Alisha Cc: Perry, Tom; Smith, Robert Subject: 54 Cedar Street Alisha, After much thought, the attached document is what I decided to go with. I am going to go to the District Court and speak with Judge Reardon to make sure he is going to be there on Wed. As I indicated earlier, you MUST be denied access before a search warrant can be obtained. I have Tom as the applicant on the warrant, since it is the violations in the WP zone that is of great concern. All you need to do on Wed. is go to the property- if he lets you poke around, great! Take pictures, video, whatever you need. If he tells you to leave, then have Tom go to the District Court and have Judge Reardon sign the warrant(as I stated earlier, I'll make sure he's going to be there. If he is not going to be there, I'll send you an email and let you know. That way you can go to plan B - I don't know what plan B is, but it sounds good). Once the warrant is signed go back with whomever you need, police ... fire. I don't know what Julie is going to be looking for ... or if she's just going to do a general inspection. As this develops, let me know what we need to see if the soil is truly contaminated. As promised, my cell phone is (201) 741-0270. Call me if you need anything, I'm going to be around,just not sitting at my desk! Christine v e Ur 74 8/29/2006 - I Commonwealth of Massachusetts Barnstable, ss. Barnstable District Court Application for Administrative Inspection Warrant Subject Property: 54 Cedar Street Hyannis, MA Applicants: Tom Perry, Building Commissioner I, Tom Perry,being duly sworn, depose and state that: 1. Based on the particular facts set forth in my affidavit dated August 30, 2006, and attached hereto as Exhibit A, I believe that there are violations of the Zoning Ordinances of the Town of Barnstable that exist at 54 Cedar Street, Hyannis, MA, I apply for an Administrative Inspection Warrant. 2. Based upon the information set forth in the attached affidavit, lawful reasons exist for the Court to issue an Administrative Inspection Warrant to enable us, accompanied by the representatives from the Department of Environmental Protection, Barnstable Police Department and the Hyannis Fire Department, if necessary, to determine whether violations of the Zoning Ordinances exist. 3. We are seeking a Search Warrant to: a. gain access to the subject property; b. make further observations regarding the status of the four alleged apartments above the garage, specifically unit#4; and c. record by photograph and/or videotape any evidence of violation of the Zoning Ordinances. THEREOFRE, we respectfully request that this Honorable Court issue an Administrative Inspection Warrant authorizing the inspection of the above- referenced property, together with such other further relief that this Court may deem proper. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 30th DAY OF AUGUST, 2006. Tom Perry Building Commissioner Town of Barnstable Site Visit- Take 2 Page 1 of 1 Parker, Alisha From: Hutcheson, Julie (DEP) [Julie.Hutcheson@state.ma.us] Sent: Wednesday, August 23, 2006 5:24 PM To: Parker, Alisha Subject: RE: Site Visit-Take 2 Hi Alisha Sometimes it is just s000 difficult. Tuesday 8/29 doesn't work BUT Monday or Wednesday would.... So if you want to push for Monday 8/28 go ahead... A warrant would be great to guarantee access.... Phew! Julie From: Parker, Alisha [mailto:Alisha.Parker@town.barnstable.ma.us] Sent: Wednesday, August 23, 2006 3:27 PM To: Hutcheson, Julie (DEP) Subject: Site Visit-Take 2 Hi Julie, I hope that this will fall in our favor one of these days :) Tuesday August 29th afternoon. Will this work for you? It is in our agenda to try to get to this guy before Sept rolls around. This is a busy season on Cape and we may find more now than later. I will work with the legal assistant to get a warrant so we don't waste any time and have the whole site visit get thrown out if it comes up in the future. This may take a couple of days so if we can nail down a date, this would help us all. If not, any other suggestions would be great for Mon, Tues or Wed. Thanks! (After this we'll need a drink!)Alisha Alisha Parker Hazardous Materials Specialist Town of Barnstable Health Department -( � b� Q, 200 Main St. Hyannis, MA 02601 �S Phone: 508- 862-4645 Fax: 508-790-6304 �`�1= alisha.parker@town.barnstable.ma.us U �Lou.,I � ii 4 CJ Jaf,L-e� 4-b LZ 8/24/2006 ( `'� 6� `' T"`'�" a t�— Commonwealth of Massachusetts Barnstable, ss. Barnstable District Court No: Administrative Inspection Warrant ISSUED PURSUANT TO G.L. c. 111, ss. 122, 127A, 127B, 105 CMR 400.100, and 780 CMR 115.6 To Thomas Perry, Building Commissioner, Town of Barnstable, Alisha Parker, Hazardous Materials Specialist, Town of Barnstable, and Julie Hutcheson, Department of Environmental Protection, or designee. Proof by affidavit having been made this 30 day of August 2006 before the court for an issuance of an inspection warrant and probable cause being shown, namely, by the affidavit testimony that violations of the Zoning Ordinance of the Town of Barnstable may exist on the subject property, and that access to the building may not be obtained unless an administrative inspection warrant is issued. WE THEREFORE COMMAND YOU,pursuant to G.L. c. 111, ss. 122, 127A, 127B, 105 CMR 400.100, and 780 CMR 115.6 to conduct between the hours of 8:00 a.m. and 5:00 p.m. an inspection of the premises, said inspection to include the taking of photographs and/or videotape any evidence of violation of the Zoning Ordinances, to observe the condition of the structures and land, at 54 Cedar Street, Hyannis, MA. YOU ARE FURTHER AUTHORIZED to utilize members of the Barnstable Police Department and Hyannis Fire Department to enter the premises and conduct the inspection which is authorized by this warrant in accordance with the provisions of G.L. c. 111, ss. 122, 127A, 127B, 105 CMR 400.100, and 780 CMR 115.6. WE FURTHER COMMAND YOU to begin the inspection as soon as practicable after the issuance of this search warrant, and to complete said inspection in the manner herein provided with reasonable promptness. A PROMPT RETURN shall be made to this Court showing the inspection has been completed no later than 10 days from the date of the issuance of this warrant, provided that in the event there is a need for additional time you are hereby authorized to request the Court for an extension beyond the 10 day period. This day of August 2006, Barnstable County, MA. I Commonwealth of Massachusetts Barnstable, ss. Barnstable District Court Application for Administrative Inspection Warrant Subject Property: 54 Cedar Street Hyannis, MA Applicants: Tom Perry, Building Commissioner I, Tom Perry,being duly sworn, depose and state that: 1. Based on the particular facts set forth in my affidavit dated August 30, 2006, and attached hereto as Exhibit A, I believe that there are violations of the Zoning Ordinances of the Town of Barnstable that exist at 54 Cedar Street, Hyannis,MA, I apply for an Administrative Inspection Warrant. 2. Based upon the information set forth in the attached affidavit, lawful reasons exist for the Court to issue an Administrative Inspection Warrant to enable us, accompanied by the representatives from the Department of Environmental Protection, Barnstable Police Department and the Hyannis Fire Department, if necessary, to determine whether violations of the Zoning Ordinances exist. 3. We are seeking a Search Warrant to: a. gain access to the subject property; b. make further observations regarding the status of the four alleged apartments above the garage, specifically unit#4; and c. record by photograph and/or videotape any evidence of violation of the Zoning Ordinances. THEREOFRE, we respectfully request that this Honorable Court issue an Administrative Inspection Warrant authorizing the inspection of the above- referenced property, together with such other further relief that this Court may deem proper. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 30th DAY OF AUGUST, 2006. Tom Perry Building Commissioner Town of Barnstable f AFFIDAVIT OF BUILDING COMMISSIONER THOMAS PERRY I, Thomas Perry, upon oath, depose and state the following: 1. I am currently employed as the Building Commissioner for the Town of Barnstable. 2. I have served in this capacity since 2002. 3. As the Building Commissioner I oversee all violations of the building codes and zoning ordinances. 4. In my job as the Building Commissioner, I became familiar with the property located at 54 Cedar Street, Hyannis, MA. 5. The property's record owner is Daniel Koch of Tisbury, MA. Mr. Koch purchased the property in 1992. 6. The property is currently zoned as medical services (MS) and, in addition, is located in a Well Protection Overlay District (WP). 7. The property has a commercial use, as storage, dating back to 1940, which appears to have predated zoning. 8. Despite the preexisting non-conforming use of the property as storage, in the early 2000's the property, and existing structure, were being used for multiple businesses, including: a landscaping company, an auto repair business, and auto body repair. 9. Due to the fact that this parcel is located in a WP zone, the following uses are some of the uses that are prohibited:junkyards, salvage yards and automobile graveyards, and any other use which generates, treats, stores or disposes of hazardous waste. 10. In February 2004,Dave Mattos, a former building inspector for the Town of Barnstable, performed an inspection of the property after receiving a complaint. Upon arriving at 54 Cedar Street, he observed piles of trash, including a refrigerator, boats, and automobile batteries left in a pile in the snow. At that time, cease and desist orders were issued to the owner and all occupants of 54 Cedar Street. Such orders were upheld after an appeal to the Zoning Board of Appeals. 11. Recently, the number of complaints about this property have been escalating. It appears that the tenant, Tim Ferreira, has begun to perform auto repairs again and also appears that he is operating a junkyard. Specifically, it is alleged, through complaints of neighbors, that Mr. Ferreira is crushing cars and hauling various metal appliances to a separate facility. 12. The Health Department has also received complaints regarding the potential for hazardous materials on the property. After a site visit it was determined that there were two 55 gallon drums of waste oil, which were not properly stored. 13. On August 30, 2006, I went to the subject property accompanied by Alisha Parker,Hazardous Materials Specialist and Julie Hutcheson from the Department of Environmental Protection. We requested access to the property in order to perform an inspection of hazardous materials on site in violation of i the zoning ordinances and Well Protection Overlay Zone. We were denied access. 14. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 30th DAY OF AUGUST, 2006. Thomas Perry Building Commissioner Town of Barnstable I,I Commonwealth of Massachusetts Barnstable, ss. Barnstable District Court No: Administrative Inspection Warrant ISSUED PURSUANT TO G.L. c. 111, ss. 122, 127A, 127B, 105 CMR 400.100, and 780 CMR 115.6 To Thomas Perry, Building Commissioner, Town of Barnstable, Alisha Parker, Hazardous Materials Specialist, Town of Barnstable, and Julie Hutcheson, Department of Environmental Protection, or designee. Proof by affidavit having been made this 30 day of August 2006 before the court for an issuance of an inspection warrant and probable cause being shown, namely,by the affidavit testimony that violations of the Zoning Ordinance of the Town of Barnstable may exist on the subject property, and that access to the building may not be obtained unless an administrative inspection warrant is issued. WE THEREFORE COMMAND YOU,pursuant to G.L. c. 111, ss. 122, 127A, 127B, 105 CMR 400.100, and 780 CMR 115.6 to conduct between the hours of 8:00 a.m. and 5:00 p.m. an inspection of the premises, said inspection to include the taking of photographs and/or videotape any evidence of violation of the Zoning Ordinances, to observe the condition of the structures and land, at 54 Cedar Street, Hyannis, MA. YOU ARE FURTHER AUTHORIZED to utilize members of the Barnstable Police Department and Hyannis Fire Department to enter the premises and conduct the inspection which is authorized by this warrant in accordance with the provisions of G.L. c. 111, ss. 122, 127A, 127B, 105 CMR 400.100, and 780 CMR 115.6. WE FURTHER COMMAND YOU to begin the inspection as soon as practicable after the issuance of this search warrant, and to complete said inspection in the manner herein provided with reasonable promptness. A PROMPT RETURN shall be made to this Court showing the inspection has been completed no later than 10 days from the date of the issuance of this warrant, provided that in the event there is a need for additional time you are hereby authorized to request the Court for an extension beyond the 10 day period. This day of August 2006,Barnstable County, MA. Health Complaints 06-Jun-06 Time: 8:45:00 AM Date: 4/11/2006 Complaint Number: 18742 Referred To: ALISHA PARKER Taken By: ELLEN WADLINGTON Complaint Type: GENERAL Article X Detail: UNSANITARY CONDITIONS Business Name: Number: 54 Street: CEDAR Village: HYANNIS Assessors Map_Parcel: Complaint Description: OCCUPANT IS REPAIRING AUTOS, VEHICLES ARE ON LIFTS AND BEING POLISHED; YOU HEAR AIR GUNS BEING USED TO CHANGE TIRES. Actions Taken/Results: THIS HAS BEEN AN ONGOING COMPLAINT LOCATION WITH THE HEALTH AND BUILDING DEPARTMENTS. THIS COMPLAINT DOES NOT APPEAR TO BE A COMPLAINT FOR THE HEALTH DEPT. HOWEVER, THEY MAY NEED TO HAVE A HAZMAT STORAGE PERMIT FROM THE HEALTH DEPT. WHICH THEY HAVE NOT APPLIED FOR THIS YEAR. AP AND DS WENT TO SAID LOCATION TO SEE IF THEY HAVE QUANTITIES OF HAZMAT PRESENT THAT WOULD REQUIRE A PERMIT FROM HEALTH. THE ACCESS TO THE PROPERTY OFF OF MEDEIROS IS NOW FILLED IN WITH DIRT, SO THE ONLY ACCESS IS FROM THE LONG DRIVEWAY OFF OF CEDAR STREET (CEDAR STREET HEADING NORTH\SOUTH.) ONCE ON SITE, WE ASKED A GUY THAT WAS SANDING A CAR IN THE FAR RIGHT\EAST SIDE BAY IF THE 1 f Health Complaints 06-Jun-06 OWNER WAS THERE AND HE SAID"NOA." HE DID NOT SEEM TO UNDERSTAND ENGLISH VERY WELL AS SEEN BY THE PUZZLED LOOK ON HIS FACE EVERY TIME WE TRIED TO COMMUNICATE WITH HIM. HE FINALLY BROUGHT US OUT TO A GUY THAT WAS WORKING ON A FLAT BED TOW TRUCK IN THE FIRST BAY. DS LEFT A CARD AND TOLD HIM TO HAVE THE OWNER CONTACT US TO CONDUCT AN INVENTORY CHECK. ON 5/26/06 THE OWNER, TIM FERREIRA, CAME INTO THE HEALTH DIVISION. DS SPOKE WITH HIM AND SET UP A TIME TO GO BACK OUT AND CONDUCT AN INVENTORY CHECK ON 6/5/06 AT 9:45 AM. HE CLAIMS HE HAS LESS THEN 111 GALLONS OF HAZMAT AND WOULD NOT NEED A PERMIT, SO WE JUST NEED TO CONFIRM. HE ALSO SAYS HE HAS ALL HIS SLIPS FOR ANY HAZMAT PICK UP BY CYN ENVIRONMENTAL. HE CLAIMS HE IS A TOWING BUSINESS, AND THAT HE SENDS ABOUT 15,000 TO 20,000 CARS OFF CAPE FOR DISPOSAL AND IS PROUD THAT THEY DO NOT PILE UP IN CAPE JUNK YARDS. HE CLAIMS THEY ARE TRANSPORTED OFF CAPE WITH ALL THEIR FLUIDS STILL IN THEM AND THAT HE DOES NOT DRAIN THEM. ON 6/5/06 AP AND DS WENT TO SAID LOCATION AND MET WITH THE OWNER, TIM F. HE WAS VERY COOPERATIVE AND SHOWED US AROUND THE PROPERTY. THE PROPERTY IS IN GOOD SHAPE AS FAR AS HAZARDOUS MATERIALS ARE CONCERNED. THERE IS A MINIMAL AMOUNT OF HAZMAT PRESENT, BUT ENOUGH FOR A HAZMAT PERMIT BECAUSE THERE ARE TWO 55 GALLON DRUMS OF USED OIL AND THEN OTHER MISCELANOUS AMOUNTS OF HAZMAT PRESENT. THE HOUSE IS NOW ONLY USED AS AN OFFICE. AP WILL SEND OUT INFO REGARDING OBTAINING A HEALT/I DEPT. HAZMAT PERMIT, ALONG WITH RECOMMENDATIONS FOR THE SITE. THE COMPLAINANT IS CORRECT, VEHICLES ARE ON LIFTS, WHICH IS NOT A HEALTH VIOLATION. VEHICLES MAY BE BEING POLISHED THERE (NOT OBSERVED) 2 A �tL Health Complaints 06-Jun-06 HOWEVER, THAT IS NOT A HEALTH VIOLATION EITHER. AIR GUNS ARE BEING USED TO CHANGE TIRES, AGAIN, THIS IS NOT A HEALTH VIOLATION. DS CALLED COMPLAINANT AND LEFT HIM A VOICE MESSAGE ON 6/6/06. ASIDES FROM GETTING A HAZMAT PERMIT, NO FURTHER ACTION REQUIRED. Investigation Date: 5/25/2006 Investigation Time: 3:00:00 PM 3 VTABLEd 1 red/ Date: RNTOWN OF TOXIC AND HAZARDOUS MATERIALS ON-SIT INVENTORY NAME OF BUSINESS: 'C ry m �6 BUSINESS LOCATION: INVENTORY MAILING ADDRESS: It r/ TOTAL AMOUNT: TELEPHONE NUMBER: 6Dg` 771 - I12'q lj CONTACT PERSON:�I ,61 EMERGENCY CONTACT TELEPHONE NUMBER: MSDS ON SITE? TYPE OF BUSINESS: ukr NJO INFORMATION/RECOMMEND IONS: NOM OACO W Kd7 Wit Fire District: n is n r Q It El" ©` A. 'zed Waste Transportation: Last shipment of hazardous waste:--5 260 Name of Hauler. Destination- Waste Product: License Yes No NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous materials use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division. LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed/Maximum Observed/Maximum Antifreeze (for gasoline or coolant systems) _ Misc. Corrosive 3 NEW USED Cesspool cleaners Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor Oils Pesticides -4—NEW 115 USED (insecticides, herbicides, rodenticides) Gasoline, Jet fuel, Aviation gas Photochemicals (Fixers) Diesel Fuel, kerosene, #2 heating oil NEW USED Misc. petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways &garages Wood preservatives (creosote) Caulk/Grout Swimming pool chlorine 10 Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers Misc. Combustible Car wash detergents Leather dyes Car waxes and polishes Fertilizers Asphalt & roofing tar PCB's Paints, varnishes, stains, dyes Other chlorinated hydrocarbons, Lacquer thinners (inc. carbon tetrachloride) NEW USED Any other products with "poison" labels Paint &varnish removers, deglossers (including chloroform, formaldehyde, Misc. Flammables hydrochloric acid, other acids) Floor &furniture strippers Other products not listed which you feel Metal polishes may be.toxic or hazardous (please list): Laundry soil & stain removers 45 (including bleach) Spot removers & cleaning fluids (dry cleaners) Other cleaning solvents ` Bug and tar removers Windshield wash \ WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS Town of Barnstable-Health Department Page 1 HAZARDOUS MATERIALS INVENTORY SITE VISITS ....... ........ DBA: Ferrera s Fax: ......... ........ Corp Name: Mailing Address ......._._ Location: .54 Cedar Street,Hyannis Street: 54 Cedar Street mappar: City: Contact: :Tim Ferriera State: Ma Telephone: :508-771-1129 Zip: 02601, Emergency: Person Interviewed: Tim Ferriera Business Contact Letter Date: Z /ZDD Category: Miscellaneous Inventory Site Visit Date: 6/ /2006 .......... _._..._. Type: Follow Up/Inspection Date: ......... ❑ public water ❑ indoor floor drains ❑ outdoor surface drains Fv� license required ❑ private water ❑ indoor holding tank mdc ❑ outdoor holding tank mdc ❑ currently licensed ❑ town sewage ❑ indoor catch basin/drywell ❑ outdoor catch basin/drywell expir -- -- --- ❑ on-site sewage ❑ indoor on-site syste ❑ outdoor onsite system date: ....... ........... . ...._............... 6/5/06 alp-DS and ALP went to said location on a complaint,Tim was compliance: not available to speak to,DS left a business card for Tim to contact the Satisfactory HD.Tim came to the HD to set up a time for the site visit.Site was cleaned up and organized.Junk and debris hauler.Hauls off Cape to Middleboro approx.15,000-20,000 cars per year.No auto maintenance completed on site.Minimal haz mat on site,2 x 55 gallon drums of waste oil.Tim was very compliant and wants to work with the Town to assist in picking up white appliances and cars to haul off cape.DA and AIP will offer this free service to those calling with rubbish/nusicance complaints. Need to obtain Haz Mat Permit. Need to label both waste drums of waste oil. Page 2 Town of Barnstable-Health Department HAZARDOUS MATERIALS INVENTORY Chemicals: ❑ Zero Toxic Waste Materials ❑ gty's>25 Ibs dry or 50 gals liquid but less than 111 gals ❑d gty's 111 gals or more W .ohA e4 it motor oil 4#gallons waste oil 115 gallons antifreeze(for gasoline or coolant systems) 3 gallons ...._....._ _.. .. . gasoline 3lgallons� ..._...... ... _-_t. __._..._ ._ _.._ . . automatic transmission fluid 5 gallons _. __ __,r_____._.___-_ ____._ ____.. Misc.Flammable 1 gallons misc.petroleum products:grease,lubricants --I gallons Acetylene �T 4.5.galllons paint,varnishes,stains,dyes 3 gallons other cleaning solvents 1 gallons Batteries ` 10,gallons _. T Waste Transporter: Cyn Oil Fire District: 'Hyannis Last HW Shipment Date: 5/11/2006 Waste Hauler Licensed: Yes ............__ _ ................... .. _........... I oa(A7 OIL WASTE OIL OIL FILTERS ANTIFREEZE WASTE 3 ANITFREEZE 5 GASOLINE WASTE GAS DIESEL FUEL W/W FLUID ATF 3 3 3 HYDRAULIC/ MISC. MISC. MISC. MISC. BRAKE FLUID COMMBUSTIBLE FLAMMABLE CORROSIVE PETROLEUM (GEAR OIL/GREASE/ LUBRICANTS � I a FREON ACETYLENE CAR WASH ' CAR WASH PAINTS/ WAX DETERGENTS THINNERS 3 SEALANT CLEANING BATTERIES/ POISION/TOXIC CAULK/GROUT SOLVENTS BATTERY I S ACID FERTALIZERS WASTE SOLVENT MSDS MANIFESTS O n o i( - wa,., e o 5/1, o(a PA S 1'57�! 600 0—d-t6 ova/ ea.ck y r. Avv� W W ms VvaS�� D-1 Ii Vie. Town of Barnstable oFZHE;r Regulatory Services Thomas F. Geiler,Director Public Health Division * BARNsrABLE * a. Thomas McKean,Director 200 Main Street, Hyannis,MA 02601 AtF�.��FA Phone 508 862-4644 Email: health(&town.barnstable.ma.us Fax: 508-790-6304 Office Hours: M-F 8:00—4:30 June 5,2006 Mr. Tim Ferreira Ferreira's 54 Cedar Street Hyannis,MA 02601 Dear Mr. Ferreira: Thank you for your time and cooperation during the hazardous materials inventory and site visit. at Ferreira's on June 5,2006. This letter contains information from that visit that will help you become compliant with Chapter 108 of the Town of Barnstable Code: Hazardous Materials. Enclosed are copies of Code 108: Hazardous Materials ordinance, a copy of the Toxic and Hazardous Materials On-Site Inventory form from the visit and a sample contingency plan that must be submitted upon receipt of this letter. Please note the problems identified at your place of business during the hazardous materials inspection and their corresponding recommendations or orders listed below: PROBLEM: • Waste oil is not properly signed"Hazardous Waste"or"Waste Oil". ORDER: • Label all hazardous waste drums or tanks"Hazardous Waste"or"Waste Oil". PROBLEM: • No Contingency Plan posted. ORDER: • Please refer to the Town of Barnstable Code: Chapter 108, Section 6-5 (A-H). A contingency plan shall be submitted. OBSERVATIONS: • Metal can with lids available for soiled rags. • Speedy dry available. • No car washing on site. �! On Site Inventory Total The Toxic and Hazardous Materials On-Site Inventory from June 5, 2006 shows that you have approximately 147 gallons of toxic and hazardous materials being used, stored,generated and disposed of at Ferreira's, 54 Cedar St,Hyannis, MA(Please see enclosed Toxic and Hazardous Materials On Site Inventory sheet). The Board of Health has determined that the using, storing, generating and disposing of over 111 gallons of hazardous materials per month requires businesses in the Town of Barnstable to obtain an annual Hazardous Materials License. This license should be purchased within the next 30 days from the Town of Barnstable Town Offices,200 Main Street,Hyannis,MA 02601 (application enclosed). Why are these recommendations being made for Ferreira's? • This information is intended to educate you,a business owner/operator in the Town of Barnstable,in order to keep your business operations in compliance with local, state and federal toxic and hazardous materials laws so that you can avoid future regulatory problems. 0 Complying with the Hazardous Materials Code (Chapter 108) can prevent contamination of Barnstable's existing and future drinking water supply,prevent environmental contamination which can bankrupt site owners, lower or destroy land values, drive out residents and industry, depress local economies and endanger public health. A representative from the Public Health Division will re-visit your business during the next 30 days as a follow up to further advise you on your compliance. If you have any questions about these problems,the orders and recommendations, or you need further information, guidance or assistance,please do not hesitate to contact the Public Health Division. Sincerely, Alisha L.Parker Hazardous Materials Specialist All orders to correct violati ns of Chapter 108 of the Town of Barnstable Ordinance: Hazardous is shall be complete upon receipt of this letter. Thomas A.McKean, S,CHO Director of Public Health Enc. Chapter 108 (copy) On-Site Inventory(copy) Contingency Plan(sample) Application AFFIDAVIT OF BUILDING COMMISSIONER THOMAS PERRY I, Thomas Perry, upon oath, depose and state the following: 1. I am currently employed as the Building Commissioner for the Town of Barnstable. 2. I have served in this capacity since 2002. 3. As the Building Commissioner I oversee all violations of the building codes and zoning ordinances. 4. In my job as the Building Commissioner, I became familiar with the property located at 54 Cedar Street, Hyannis, MA. 5. The property's record owner is Daniel Koch of Tisbury, MA. Mr. Koch purchased the property in 1992. 6. The property is currently zoned as medical services (MS) and, in addition, is located in a Well Protection Overlay District (WP). 7. The property has a commercial use, as storage, dating back to 1940, which appears to have predated zoning. 8. Despite the preexisting non-conforming use of the property as storage, in the early 2000's the property, and existing structure, were being used for multiple businesses, including: a landscaping company, an auto repair business, and auto body repair. 9. Due to the fact that this parcel is located in a WP zone, the following uses are some of the uses that are prohibited:junkyards, salvage yards and automobile graveyards, and any other use which generates, treats, stores or disposes of hazardous waste. 10. In February 2004, Dave Mattos, a former building inspector for the Town of Barnstable,performed an inspection of the property after receiving a complaint. Upon arriving at 54 Cedar Street, he observed piles of trash, including a refrigerator,boats, and automobile batteries left in a pile in the snow. At that time, cease and desist orders were issued to the owner and all occupants of 54 Cedar Street. Such orders were upheld after an appeal to the Zoning Board of Appeals. 11. Recently, the number of complaints about this property have been escalating. It appears that the tenant, Tim Ferreira, has begun to perform auto repairs again and also appears that he is operating a junkyard. Specifically, it is alleged, through complaints of neighbors, that Mr. Ferreira is crushing cars and hauling various metal appliances to a separate facility. 12. The Health Department has also received complaints regarding the potential for hazardous materials on the property. After a site visit it was determined that there were two 55 gallon drums of waste oil, which were not properly stored. 13. On August 30, 2006, I went to the subject property accompanied by Alisha Parker, Hazardous Materials Specialist and Julie Hutcheson from the Department of Environmental Protection. We requested access to the property in order to perform an inspection of hazardous materials on site in violation of f the zoning ordinances and Well Protection Overlay Zone. We were denied access. 14. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 14th DAY OF AUGUST, 2006. Thomas Perry Building Commissioner Town of Barnstable u �p IKE 1p� BARNSTABM a v KASs $ q> 1639. .0 ATFD MPS� Town of Barnstable Zoning Board of Appeals Decision and Notice ' Appeal 2004-072 —Koch Appeal 2004-073 —Ferreira Appeal 2004-074—Scatambuli Appeal of the Building Commissioner Summary: Upheld Commissioner's Decision Petitioners: Daniel P.Koch,Property Owner Timothy J.Ferreira,Ferreira's Auto Repair&Ferreira Landscaping Roberto Scatambuli,Occupant of Premises Property Address: 54 Cedar St.,Hyannis,MA Assessor's Map/Parcel: Map 343,Parcel 011, Zoning: Professional Residential&Wellhead Protection Overlay Districts Background&Relief Requested: These three appeals involve the premises located at 54 Cedar St.,Hyannis, MA. The subject property is a 0.28 acre lot developed with two structures. The first is a 1,290 sq.ft.,two-story structure that dates to 1920. The second is a newer 1988 one-story, 2,400 sq.ft., industrial type structure. On February 25 and 26, 2004,the Building Division issued cease and desist orders to Daniel P.Koch, as owner of the property,Timothy J. Ferreira, as owner of Ferreira's Auto Repair and Ferreira Landscaping, and Roberto Scatambuli, as occupant of the premises. The Building division cited several violations including violation of Section 3-2.1,Permitted uses in the PRD District, 3-5.2(B)Wellhead Protection Overlay District, 4-3.3 Prohibited signs, 2-6.1(3) Prohibited Uses, and violation of the approved site plan review number 016-98. On March 25,2004,Daniel P.Koch, as owner of the property, and Timothy J. Ferreira, as owner of Ferreira's Auto Repair and Ferreira Landscaping, and Roberto Scatambuli, as occupant of the premises, all appealed cease and desist order issued by the Building Division. The appeals are numbered 2004-72, 73, and 74 respectfully. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 25 2004. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 26, 2004, at which time the Board found to reaffirm the Building Commissioner's decision and uphold the cease and desist orders issued. Board Members deciding this appeal were Richard L.Boy, Jeremy Gilmore, Gail Nightingale,Ralph Copeland,and Chairman Daniel M. Creedon,III. The applicants represented themselves at the hearing and it was agreed upon to hear the three appeals together. It was clarified that Mr. Koch is the owner of the property, and Mr.'s Ferreira and Scatambuli are tenants of the property. Mr.Koch contended that it is a pre-existing nonconforming use. He stated that he has been there since 2002 and cited that he has a business permit and sign permits from the Town. He stated that the use complies with zoning, as the site predates the creation of zoning. The Board questioned how long the site had been used as industrial/commercial. It was noted that to substantiate a non-conforming use it would have to predate the original zoning of the town. Prior to Mr.Koch's acquisition of the property, it was used by Bay Side Auto Sales. It appears the original use of the property dates to a use by the Hood milk company. Mr.Tom Perry,Building Commissioner, stated neighbors had complained about activities on the site and the Building Division inspectors investigated the complaint and noted half buried boats on site and auto repair being performed on the site. The prior Bay Side Auto did not do repairs - only retail sales. Mr.Perry cited that in the 1988 site plan approval for the new building it was approved for cold storage only. Mr.Perry submitted photos showing the site and activities being carried on at the site. Included in the group was a photo showing a pile of used batteries that were discarded in the snow. Mr. Ferreira stated that the batteries were there when he moved to the site and that he was taking them to the dump. Public comment was requested and John Henderson of 52 Cedar St.noted that this was a milk company dating to the 1900's. Margaret Sexton a resident at 52 Cedar St., stated that the use has intensified and is disruptive to the neighborhood. There was no repair of autos at this site before. Ann Johnson and husband William Johnson, owners of a neighboring business also testified expressing concerns for the building permitted in 1988. Findings of Fact: At the hearing of May 26, 2004, the Board unanimously made the following findings of fact: 1. Mr. Koch as owner, Mr. Ferreira and Scatambuli as tenants under Appeals 2004-72, 73, and 74 have appealed 2 cease and desist orders from the Building Commissioner on 2/25/04 and 2/26/04 for violation of zoning ordinances and WP district violations. 2. The property is located as shown on Assessor's Map 343, Parcel 011, addressed as 54 Cedar St., Hyannis, MA in a Professional Residential Zoning District and a Wellhead Protection Overlay District. 3. The property consists of a single building that has a commercial steel structure with 3 bays. 4. The current use made of the property during Mr. Koch's ownership is that of an auto repair, auto body repair and also landscaping businesses; prior to that, from testimony taken, the current structure was built around 1988 with a building permit. The building was used for storage. Prior to that there existed a wooden or brick barn used by Hood as a milk storage building for dairy products dating to 1940. 5. The property appears to be located almost entirely in a Wellhead Protection and PRD Zoning District. Decision: Based on the findings of fact, a motion was duly made and seconded to reaffirm the decision of the Building Commissioner and uphold the issuance of the Cease and Desist orders dated February 25 and 26 of 2004 for the reasons stated. The vote was as follows: AYE: Richard L. Boy,Jeremy Gilmore, Gail Nightingale,Ralph Copeland,and Daniel M. Creedon NAY: None Ordered: Appeals 2004-72, 73 and 74 have reaffirmed the decision of the Building Commissioner and uphold the issuance of the Cease and Desist order. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. 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 Town Clerk. Daniel M. Creedon, III,Acting Chairman Date Signed 1,Linda Hutchenrider, 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 office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS MINUTES OF OPEN AND PUBLIC HEARING May 26, 2004 A regularly scheduled and duly posted Public Hearing for the Town of Barnstable Zoning Board of Appeals was held on Wednesday, May 26, 2004 at the Town of Barnstable, Town Hall, 367 Main Street, Hyannis MA. A quorum was met. Also present were Arthur Traczyk, Principal Planner and Peggy Rothman, Recording Secretary. Zoning Board of Appeals Members: Zoning Board of Appeals Alternate Members: Ron S. Jansson, Vice Chairman Gail Nightingale Jerry Gilmore Daniel Creedon, Chairman Randolph Childs (absent) Richard Boy Sheila Geiler Ralph Copeland Summary Old Business Appeal 2003-112, 113, 114 Pacheco Withdrawn without Prejudice Appeal 2004-035 Quilter Withdrawn without Prejudice Appeal 2003-090 Village Green JDJ/LLC Continued to 6/3/04 at 4:00 pm Appeal 2004-039 Chaturvedi Continued to 10/22/03 at 7:00 pm Appeal 2004-009 Schooner Village Continued to 6/23/04 at 8:30 pm Appeal 2004-050 One Village Market Place Continued to 8/04/04 at 7:00 pm Summary New Business Appeal 2004-069 Sanborn Granted with Conditions Appeal 2004-070 Breau Continued to 9/01/04 at 8:00 pm Appeal 2004-071 Neelon Granted with Conditions Appeal 2004-072 Koch Upheld BC decision Appeal 2004-073 Ferreira Upheld BC decision Appeal 2004-074 Scatambuli Upheld BC decision 1 1 ZONING BOARD OF APPEALS MINUTES OF OPEN AND PUBLIC HEARING May 26, 2004 A regularly scheduled and duly posted Public Hearing for the Town of Barnstable Zoning Board of Appeals was held on Wednesday, May 26, 2004 at the Town of Barnstable, Town Hall, 367 Main Street, Hyannis MA. A quorum was met. Also present were Arthur Traczyk, Principal Planner, and Peggy Rothman, Recording Secretary. Zoning Board of Appeals Members: Zoning Board of Appeals Alternate Members: Ron S. Jansson, Vice Chairman Gail Nightingale Jerry Gilmore Daniel Creedon, Chairman Randolph Childs (absent) Richard Boy Sheila Geiler Ralph Copeland Ron Jansson, as Acting Chairman, called the meeting to order at 7:03 PM announcing each appeal in order starting with old business: Appeal 2003-090 Village Green 7D7/LLC JDJ,LLC, a limited liability company of Delaware, has applied for a Comprehensive Permit under the General Laws of the Commonwealth, Chapter 40B"Affordable Housing"to allow the construction of 180 units of affordable rental apartments in six separate three-story buildings, 25% of which will be reserved for low income housing eligibility with an additional 10% being reserved for Section 8 housing. The property is 14.32 acres shown on Assessor's Map 332 as Parcel 010-1 addressed 770 Independence Drive, Barnstable, MA, in the Industrial Zoning District. Board members assigned: Sheila Geiler, Randy Childs, Gail Nightingale, Ralph Copeland, Ron Jansson No Alternates Present Mr. Jansson explained to the public that this has been ongoing for almost a year. He is asking for public input this evening. Thursday June 3, 2004 at 4:00 pm a decision will be made on this appeal. He explained the 135 unit building, and they would possibly be granting 135 units on June 3, 2004. This project started with 180 units, the developer is willing to go forward with only 135 units, and he will not develop the adjoining property. He explained the Town's efforts to make this a good Ch. 40 B project, because if someone in the public appeals it, HAC could look at it and let them go ahead with 180 units and develop the adjoining property. He asked the public to think about this situation, and understand how much the Town has put into this appeal to make it better for everyone. Attorney Patrick Butler and Liza Cox were representing the applicant this evening. Attorney Butler will go forward this evening regardless that Mr. Childs is not present. Public Comment: Bud Bergstrom got up to speak, he wants to be able to have public comment. He said that 2 meetings ago, they were only allowed questions. He wants to be able to have comments this evening. The Board said there was public comment last meeting. Attorney Butler went over the number of parking spaces. There is a document on file at Town Offices. He went over the numbers for Section 8 and affordable units. A copy of engineered diagram for the entrance was also submitted. Michael Abend, traffic engineer, is here this evening. He spoke about the driveway intersection. It is a standard design, 24 foot wide opening. He spoke about the stacking lane in an email from Mr. Nagi, on file. Copeland asked about the left turn lane. A discussion ensued on traffic and taking left turns there. The median is about 40 feet wide said Abend. Jansson said it looks closer to 20 feet. Abend said it scales about 30 feet. They spoke about the left turn and Butler said they would agree to not make left turns there. Butler said they will make it a right out only. Butler said the draft decision has conditions that require the final engineered plans be submitted to various agencies before it will be approved. Butler spoke about the draft decision submitted to town offices. Applicant has agreed to a $10,000 donation for peer reviews, and more parking has been added to the project. Applicant also said that if project base Section 8 is not available, then all 34 units will be affordable in perpetuity. Jansson commended the applicant for addressing the concerns of the Town and the public. Nightingale expressed the same. Public comment: Ann Canedy spoke as a resident and a Town councilor, she is frustrated as a resident because she realizes we need affordable housing, but she would like nice livable, smaller projects. This 135 unit project will not all be affordable, only 35 will be affordable, the rest are market value. We shouldn't have to operate in the way of being afraid to appeal because then we will be struck with 180 units. She suggests in the future eliminating the "done deal"feeling, she is concerned as a Town councilor she has not been included in the negotiations. She is disappointed to only have the findings this evening, she would've liked to have had it longer. Jansson said this is a quasi-judicial board, and they don't give the findings to the public as a rule. She said they should restrict no further development on the adjacent lot, Jansson said they already agreed to that. She asked about the finances and Jansson said there is a written pro- forma. She asked if there was lighting beyond the property. Jansson said they can't impose a condition to put lighting on someone else's property. Jansson said they can't impose certain conditions like making this an adult community. Gail said they are allowed under zoning they could put 124 units and none would be affordable. Geiler said this was never a"done deal." Mr. Robert Barry from Althea Dr. commented on the lack of sidewalks in the area. He read a letter he wrote on file April 7, 2004. He thinks they should not rent to families with children because it is unsafe without sidewalks. Not renting to families with children is illegal, but there are exemptions. He continued reading the letter. Copeland said Independence Dr. is not a public way. Barry said the Town enforces regulation along the road. Copeland said the Town cannot be forced to put in sidewalks on the road. Jansson explained MGL Ch. 90, and the fact that police are allowed to issue citations along a private road. Mr. Barry said if this is an issue of housing discrimination, it is possible to impose a restriction to the developer, to not allow families without children. Ruth Weil,Town Attorney, spoke about housing needs in the area, the needs are high for families with children. The Town policy identifies a need for that and the developer has worked with the Town. Mr. Barry wants the ZBA to impose a restriction on the developer about families without children. Mr. Bergstrom thanked the Board for being allowed to comment, he also would've liked to have seen sidewalks. Can they go somewhere to ask for sidewalks for the safety of the children. What would the housing authority say about that? Jansson commented on the sidewalks, the distance is 1.3 miles to the mall, and he doesn't think it would be an issue for children because they don't walk much anymore. Go to your Town Councilor and ask for sidewalks if that is what you want. Attorney Butler talked about the number of children there would be and the quality of life. He spoke about affordability, and section 8. This is permitted as a matter of right under zoning, this project is below requirements, it is a much better project than what could go there. This is an example of a cooperative approach. Gail moved to close public comment, Sheila 2"d it, all in favor. Jannsson will not allow further public input but they can attend the decision hearing on June 3, 2004. Appeal 2004-035 Quilter Scott Quilter has applied for a Family Apartment Special Permit in accordance with Section 3- 1.1(3)(D)to add 450 sq. ft. above the existing garage for a family apartment. The subject property is located as shown on Assessor's Map 247, Parcel 096-001 addressed as 329 Old Craigville Rd., Centerville, MA in a Residence B Zoning District. Board members assigned: Randy Childs, Sheila Geiler, Jerry Gilmore, Gail Nightingale, Ron Jansson Ron Jansson, as Acting Chairman, read a letter dated 5/19/04 from Scott Quilter, where he asked the Board for a withdrawal without prejudice. The letter is on file. Ms. Nightingale moved to withdraw without prejudice and Mr. Gilmore seconded the motion. VOTE: AYE: Sheila Geiler, Jerry Gilmore, Gail Nightingale, Ron Jansson ORDERED: Withdrawn without Prejudice Mr.Jansson handed the Chair to Gail Nightingale at this point. Appeal 2003-112, 113, 114 Pacheco 2003-112 Shane Pacheco has appealed to the Zoning Board of Appeals the June 24, 2003 decision of the Building Commissioner that the property addressed as 525 South Street, Hyannis,MA does not have sufficient parking. The property is shown on Assessor's Map 308, Parcel 162 addressed as 525 South St., Hyannis, MA in a Business District. 2003-113 Shane Pacheco has applied for a Special Permit in accordance with Section 4-1.2(1)Accessory Uses to allow for five parking spaces to be located on an adjacent lot in the Business District. The property is shown on Assessor's Map 308, Parcel 162 addressed as 525 South St., Hyannis, MA in a Business District. 2003-114 Shane Pacheco has applied for a Variance to Section 4-2.4 Off-Street Parking Regulations to allow for off-street parking on an abutting lot and Section 3-1 Residential Districts to permit five parking spaces to be used in the Business District for Residential uses. The property is shown on Assessor's Map 308, Parcel 162 addressed as 525 South St., Hyannis, MA in a Business District. Board members assigned: Sheila Geiler, Gail Nightingale, Jerry Gilmore, Randy Childs Gail Nightingale, as acting Chairwoman, read a letter from Attorney Paul Tardif, applicant's representative, dated May 25, 2004 asking for a withdrawal without prejudice. Gail Nightingale moved for a withdrawal without prejudice and Sheila Geiler seconded the motion. VOTE: AYE: Sheila Geiler, Gail Nightingale, Jerry Gilmore ORDERED: Withdrawn without Prejudice Appeals 2003-112, 113, 114 Appeal 2004-039 Chaturvedi Dr. Rahul Chaturvedi d/b/a Nuspeech Communication Corp., has applied for a Special Permit in accordance with Section 3-2.3(3) Conditional Uses for the expansion of an existing Medical office. The subject property is located as shown on Assessor's Map 308, Parcel 073-002 addressed as 259 North Street, Hyannis, MA in an 0-2 Office Zoning District. Board members assigned: Randolph Childs, Sheila Geiler, Jeremy Gilmore, Gail Nightingale, Ron S. Jansson Gail Nightingale, as Acting Chairwoman, read a letter dated May 26, 2004 from Applicant's representative, Attorney Edwin Taipale, requesting a continuance due to only having 3 members from the assigned Board available this evening. To continue the appeal: Vote: AYE: Sheila Geiler, Jerry Gilmore, Gail Nightingale This Appeal was continued to July 7, 2004 at 7:00 pm. Appeal 2004-009 Schooner Village Schooner Village Realty Trust, has applied for a Comprehensive Permit under the General Laws of the Commonwealth, Chapter 40B"Affordable Housing"to allow the construction of 96, two- bedroom attached units of housing in 27 buildings to be located on 8.58 acres of land. Twenty- four units are to be sold as low and moderate income housing. The property is shown on Assessor's Map 273 as parcel 204, addressed Pitchers Way and on Assessors Map 272, parcel 056-006, addressed 24 Buckwood Drive, Hyannis, MA. Both parcels are in a Residence C-1 Zoning District. No Board members assigned Continued to June 23, 2004 at 8:30 pm Appeal 2004-050 One Village Market Place One Village Market Place L.P. has applied for a Special Permit in accordance with Section 4-4.4(2) Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings to allow for the expansion of the existing non-conforming structures with the addition of 24 multi-family units in a three-story building located not in conformity to the requirements of zoning. The property is located as shown on Assessor's Map 308, Parcels 25 &258 addressed as 185 and 223 Stevens St., Hyannis, MA in a B-1 Zoning District. Board members assigned: Randolph Childs, Ron Jansson, Richard Boy, Jeremy Gilmore, Dan Creedon Associates Present: Sheila Geiler Richard Boy, as Acting Chairman, read a letter from Attorney Edwin Taipale, applicant's representative, requesting a continuance due to revised plans presented. Letter dated May 26, 2004. The appeal was continued to August 4, 2004 at 7:00 pm Chair turned over to Ralph Copeland at this point. Appeal 2004-071 . Neelon Daniel P. Neelon has applied for a Special Permit in accordance with Section 4-1.4(2) Home Occupation to allow for a home occupation law practice. The property is located as shown on Assessor's Map 079, Parcel 034 addressed as 325 Route 149 Marstons, Mills MA in a Residence F Zoning District. Board members assigned: Sheila Geiler, Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore Mr. Neelon represented himself this evening and he explained to the Board that he is the sole custodial parent of 3 boys and he would like to put an office in his home to keep an eye on his boys. He is on Rt. 149, he will build out the garage, this is not part of Indian Lakes subdivision. He would not generate any additional traffic, maybe 2 clients a week. He averages 2.5 clients a week and usually out of the Boston area. Boy asked if he has read the ordinance and he said yes, in detail. Public comment: no one spoke for or against the appeal. A motion was made by Boy and seconded by Gilmore to accept the following Findings: 1. Daniel P. Neelon has applied for a Special Permit in accordance with Section 4-1.4(2) Home Occupation to allow for a home occupation law practice. The property is located as shown on Assessor's Map 079, Parcel 034 addressed as 325 Route 149 Marstons, Mills MA in a Residence F Zoning District. 2. There shall be no change in footprint to the existing dwelling. 3. By testimony given tonight, petitioner understands the home occupation ordinance. 4. 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. VOTE: Aye: Sheila Geiler, Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore A motion was made by Boy and seconded by Nightingale to Grant the Appeal with the following Conditions: 1. The applicant shall comply with all conditions of the Home Occupation Ordinance Section 4-1.4(2). 2. Applicant shall comply with all applicable Health Department and Building Division requirements of the Town. VOTE: Aye: Sheila Geiler, Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore ORDERED: Granted with Conditions Dan Creedon arrived and took over as Chairman Appeal2004-069 Sanborn Bruce Sanborn has applied for a variance to Section 3-1.4(5) Bulk Regulations, Minimum Side Yard Setback to permit a 10-foot addition to an existing garage that will infringe approximately 4.3 feet into the required 15-foot side yard setback. The property is located as shown on Assessor's Map 057, Parcel 030 addressed as 1337 Old Post Road, Marstons Mills, MA in a Residence F Zoning District. Board members assigned: Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore, Dan Creedon Bruce Sanborn and Linda Sanborn represented themselves this evening, they want to add another bay to the garage and they are lacking 4.3 feet to the setback requirements. They are not taking down any trees. They want to improve the property value of their home and put cars in a garage. Boy asked about the shed. Sanborn said shed was there 2 years ago when they bought the house. Creedon said the shed infringes on the side yard setback. Sanborn said the previous owners moved the shed closer to the house because of a Title 5 issue. Shed could be moved to comply if needed, Mr. Sanborn stated. Gail Nightingale asked if they will put a room over the garage and they responded no. Gilmore does not know of any reasons why the garage must encroach into the setback, there are no variance conditions. What is the hardship, soil, shape, or topography that is unique to the property reiterated Creedon. As the rule exists how do you interpret variance conditions to justify our decision asked Gilmore to Creedon or Copeland. Creedon thought the location of the house on the lot may fall under variance conditions and the garage cannot be on both sides of the house, if they built the other garage on the other side they would have a garage on each side of the house. Gail Nightingale also said the location of the house is a hardship and the location of the septic. Public comment: no one spoke for or against the appeal. A motion was made by Boy and seconded by Nightingale to accept the following Findings: 1. Bruce Sanborn has applied for a variance to Section 3-1.4(5) Bulk Regulations, Minimum Side Yard Setback to permit a 10-foot addition to an existing garage that will infringe approximately 4.3 feet into the required 15-foot side yard setback. The property is located as shown on Assessor's Map 057, Parcel 030 addressed as 1337 Old Post Road, Marstons Mills, MA in a Residence F Zoning District. 2. The property at issue is a 0.49-acre parcel located on Old Post Road in Marstons Mills. The parcel was developed in 1977 with a 1,847 sq.ft., 1 & 1/2 story, three-bedroom, single-family dwelling. The dwelling also has an attached single-story one-car garage and an open deck. The applicant has owned the property since May of 2002. 3. The applicant is seeking to expand the existing one-car attached garage into a two-car garage with a 10-foot by 22.6-foot addition. The proposed location of the addition infringes into the required 15-foot side yard setback for the district. The proposed structural infringement will be approximately 4.3 feet at its closest point. 4. A surveyed plot plan of the existing structure showing the proposed addition has been submitted as has a proposed layout plan. No .elevation of the proposed addition has been submitted. The addition will be single-story similar to the existing garage in terms of height to plate and ridge. 5. 'The subject lot slopes upwards at a rise of 10 feet in 50 feet, the neighboring structure to this garage is the neighbors one-story garage, and there is now approximately 41 feet between the two garages. There is no other place to put the garage, the septic infringes on it. 6. 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. 7. 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. VOTE: Aye: Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore, Dan Creedon Nay: Abstain: A motion was made by Boy and seconded by Nightingale to Grant the Appeal with the following Conditions: 1. This variance is granted to permit a 10 foot by 22.6 foot addition to the existing single-car garage structure that is attached to the dwelling in order to provide a two-car garage. 2. The location of the addition shall be as shown on a plan presented to the Board entitled"Plan of Land Located at 1337 Old Post Road Marstons Mills, prepared for Bruce & Linda Sanborn" dated February 23, 2004 as drawn by Yankee Survey Consultants. 3. The addition shall not infringe more than 4.3 feet into the required 15-foot side yard setback. 4. The addition shall be one-story only and created as an extension of the existing garage in that it will be equal in existing garage height to plate and height to ridge. 5. The area created by this variance and including the existing garage space shall not now or in the future be converted to living area. It shall remain a garage and/or storage area and shall remain one-story only. 6. During all stages in construction of the addition, all vehicles, equipment and materials associated with the construction shall be required to be located on-site and not within 10 feet of the neighboring property except as may be needed for construction, landscaping or for utilities and then only on a temporary basis. At no time will any parking, storage or construction materials or items be permitted in the right-of-way of Old Post Road. 7. The existing shed located on the property shall be moved into conformity with the required setbacks. VOTE: Aye: Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore, Dan Creedon Nay: Ralph Copeland concurred with the granting of the variance not because of variance conditions, but because the variance is di minimus. ORDERED: Granted with Conditions Appeal 2004-070 Breau Shaun Breau has applied for a variance to Section 3-1.4(5) Bulk Regulations, Rear Yard Setback to allow an existing cabana shed to remain located 0.69 feet from the rear property line where a 15-foot yard setback is required. The property is located as shown on Assessor's Map 75, Parcel 001 X04 addressed as 155 Baxter's Neck Rd., Marstons Mills, MA in a Residence F Zoning District. Board members assigned: Sheila Geiler, Richard Boy, Gail Nightingale, Ralph Copeland, Dan Creedon Attorney Sabatt represented the applicant, Shaun Breau for a rear yard setback. He explained the 15 foot setback for the district and how Mr. Breau, in the summer of 2002, engaged in landscaping and swimming pool construction, in the course of doing that he located the pool and a cabana within the setback. It is directly on the property line, it looks like it is 7 ft. away as it angles off. When he submitted his plan it was different than what was built because of a significant slope on the property. He brought in 200 yards of fill, so he located the cabana building in a different spot. He didn't realize he violated zoning, according to Sabatt. It would be significant hardship for him to remove the cabana as there is a cement pad underneath the building, it would be very expensive to remove and redesign and new landscaping. Attorney Sabatt understands that it is a self-imposed hardship, but it does not impact the neighborhood. There is an easement area on the property, no structure will be built there, it also services the neighborhood. Mr. And Mrs. Allen wrote a letter, they are the direct abutters, they endorse the application, they would be the most impacted by this. Attorney Sabatt submitted the letter and photos. In terms of variance conditions, there was significant slope, which is why he brought in the fill dirt. He altered the site by bringing the fill in so he can't show the topographic unique situation. It would be a financial hardship, but Copeland said it was of his own making. It was not done to deceive or done maliciously reiterated Sabatt, Copeland suggested that he was given a building permit and he did not abide by it. Copeland said there was plenty of room on his property to put the cabana somewhere else. Geiler asked if the fence was on the abutters property and Sabatt said it was and he has agreed to move it by July 1. Gilmore asked the Building Commissioner about the fence. The Building Commissioner was here this evening and he said that the building could become part of the fencing. A fence around the pool is part of the building codes said Mr. Perry the Building Commissioner. The neighbors complained about the fence to the Building Commissioner's office and the conflict with the neighbors escalated and that is why they are here tonight. Gilmore asked why they didn't put the cabana on the right side of the pool it could've been put there and there would not be a problem. Sabatt said they put the pool in first and then put the cabana house in. He did it innocently. Copeland said did he put it in himself or did he have a builder? Sabatt said he put it in himself, Copeland said he must've known, if he had a building permit, that he was violating zoning. Gilmore is worried about setting a precedent, getting a building permit and then build what you want and then ask for relief from zoning. Sabatt said he (Mr. Breau) didn't know where the property line was. Creedon asked to see the original plans. There is gas, electric, and water running through under the cabana, there is no bathroom in the cabana. The pool operating systems are in there. Creedon is torn by this case and he would like to accommodate, but he is worried about setting a precedent. Copeland suggested re-engineering the easement. Public comment: no one spoke for or against the appeal. For a site visit and to try to reconfigure the lots, this appeal was continued to Sept. 1 at 8:OOpm Appeal 2004-072 Koch Daniel P. Koch, as owner of the property located at 54 Cedar St., Hyannis, MA has appealed the February 26, 2004, cease and desist order issued by the Building Division that the use of the property is in violation of the Barnstable Zoning Ordinance. The property is located as shown on Assessor's Map 343, Parcel 011, addressed as 54 Cedar St., Hyannis, MA in a Professional Residential Zoning District and a Wellhead Protection Overlay District. Appeal 2004-073 Ferreira Timothy J. Ferreira, as owner of Ferreira's Auto Repair and Ferreira Landscaping has appealed the February 25, 2004, cease and desist order issued by the Building Division that the use of the property is in violation of the Barnstable Zoning Ordinance. The property is located as shown on Assessor's Map 343, Parcel 011, addressed as 54 Cedar St., Hyannis, MA in a Professional Residential Zoning District and a Wellhead Protection Overlay District. Appeal 2004-074 Scatambuli Roberto Scatambuli, as occupant of the premises, has appealed the February 26, 2004, cease and desist order issued by the Building Division that the use of the property is in violation of the Barnstable Zoning Ordinance. The property is located as shown on Assessor's Map 343, Parcel 011, addressed as 54 Cedar St., Hyannis, MA in a Professional Residential Zoning District and a Wellhead Protection Overlay District Board members assigned: Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore, Dan Creedon Tim Ferreira, Dan Koch, Roberto Scatambuli represented themselves this evening, Koch is the owner of the property, Ferrier is tenant, Scatambuli is an additional tenant. Creedon asked about the appeal to cease and desist. Mr. Koch said it is a pre-existing nonconforming use, he explained what was there before. He has business and sign permits from the Town, it has been there since 2002. The use now complies when zoning was created, so it is pre-existing. Creedon asked how long has it been used as it is being used now because that is important to hear your case. Art Traczyk went over the past zoning in this area, they would have to predate to the 1950's. Creedon asked what use was existing there prior to when you purchased it. It was Bay Side Auto was the reply. Ferreira said it used to be a milk company. Creedon said you must prove to the Board that this is a pre-existing non- conforming use, you are here appealing the Building Commissioner's decision and you must prove to the Board why his decision is wrong. Mr. Perry, the Building Commissioner, who is here this evening, said a neighbor complained and an inspector came up there, there are boats sticking out of the ground, and it looks like they are burying cars there. There were auto sales there previously, but not auto repair. Originally the building was built for cold storage in the mid 1980's Mr. Perry does not know what was there. His understanding is it was auto sales not auto repair, when the pile of batteries was found it was questioned. Gilmore asked where the batteries came from, Mr. Ferreira said they were there and he was taking them to the dump. Mr. Ferreira has been operating the business for about one and one half years, with a 2 month break. Mr. Perry said there are active wells in that area. There are mostly offices down there. I _ Public comment: John Henderson of 52 Cedar St. abuts the driveway. His mother bought the house in 1960, he has been there for 15 years. It was a milk company in the early 1900's and there was a barn there,'they put in the 3 bay metal structure in the 1980's. He said Mr. Ferreira cleaned up the place, but there was not an auto repair there in his memory. They work from 6:30 in the morning to anywhere around midnight. Margaret Sexton a resident at 52 Cedar St., said she stays home and she sees what is happening there, she has pictures of the area. She also has letters, and she has had the police there. She explained the property and the work happening there. Copeland asked what business is happening there. John Henderson said it was auto repair. Ann Johnson and husband William Johnson, own property in front of building. The Hood Co. owned that building and it was used to store milk, according to them. In the 1970's the huge building was put in. Mr. Johnson explained the property, it was all business and professional. He bought the property in 1971, he has an office there. Creedon explained you have to separate the structure from the use. Mr. Johnson said it was PR Zoning back then. Hood used the little brick building to store milk and how did this huge metal building go up? How did it get permitted in the first place, is the Johnson's problem. The use of the building becomes the problem. A motion was made by Creedon and seconded by Nightingale to accept the following Findings: 1. Mr. Koch as owner, Mr. Ferreira and Scatambuli as tenants under Appeals 2004-72, 73, and 74 have appealed 2 cease and desist orders from the Building Commissioner on 2/25/04 and 2/26/04 for violation of zoning ordinances and WP district violations. 2. The property is located as shown on Assessor's Map 343, Parcel 011, addressed as 54 Cedar St., Hyannis, MA in a Professional Residential Zoning District and a Wellhead Protection Overlay District. 3. The property consists of a single building that has a commercial steel structure with 3 bays. 4. The current use made of the property during Mr. Koch's ownership is that of an auto repair, auto body repair and also landscaping business's; prior to that, from testimony taken, the current structure was built around 1988 with a building permit. The building was used for storage. Prior to that there existed a wooden or brick barn used by Hood as a milk storage building for dairy products dating to 1940. 5. The property appears to be located almost entirely in a Wellhead Protection and PRD Zoning District. VOTE: Aye: Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore, and Chairman Dan Creedon Nay: A motion was made by Creedon and seconded by Nightingale to Grant the Appeal with the following Conditions: 1. Affirm the decision of the Building Commissioner to issue the Cease and Desist letters dated 2/,25/04 and 2/26/04 for the reasons stated. VOTE: Aye: Richard Boy, Gail Nightingale, Ralph Copeland, Jerry Gilmore, Dan Creedon Nay: ORDERED: Upheld Building Commissioner There being no further business Nightingale made a motion to adjourn, Geiler seconded the motion. The meeting was adjourned at 10:53 pm. Respectfully Submitted, Peggy Rothman J 3'rH;PIR25 iH12t31 (2} •���1.i 11:.`�: tM1tL�`g� ,�'V�3i•� lJc..Lli�� Daniel P. Koch P.O. Box 416 Tisbury, NIA 02568 h4ARCH 24, 2004 TOWN OF BARNSTA.BLE TOWN CLERK APPEAL RF: NOTICE OF ZONING ORDINANCES VIOLATION: 54 Cedar Street, Hyannis DATED: February 26, 2004 TO WH011vi IT MAY CONCERN: Upon reception of said notice, rnv tenants were informed of the complaint. The property has been cleaned up as was demanded by your office. This is an appeal to to remove the CEASE AND DESIST. PIease, at your earliest convenience, go and inspect the property on 54 Cedar Street,Hyannis, MA Map 434, Parcel 011, As o.-mer and landlord of the above named property, I have been and will remain ready, willing and able to comply with any zoning and safety regulations issued by the Town of Barnstable. Feiziera I.,andscaping and Brazil Motors, my tenants, me that all town-based legalities and licensurg have been tnet I Lve addressed these issues, as well and we three are in agreement to the appeal. Preciously this property has housed approved automotive repair businesses. These businesses had authorization and approval from your to Am. I have not changed the usage ofsaid prupet-ty which to my understanding is grandfathered. I now employ a Property Manager who oversees the conditions of the property and I can guarantee that your inspectors will never again have,to experience the gross negligence and potentially hazardous rness that was so clearly represented in the pictures you sent. cerely, Daniel P. Koch ` 'Town of Barnstable Regulatory Services Thomas F.Geiler,Director roy, do Building Division Tom Perry,Building Commissioner anxyg 02601 MASS- 200 Main Street, Hyannis,MA 9Cb s6;9. p,0 Fax: 508-790-623.0 Office: 508-862-4038 Notice of g Zonis Ordinances Violations) and Order to Cease, Desist and Abate: o notice of this order. As owner/occupant of the premises/structure Timothy Ferreira and all persons having you are hereby notified that you are.in located at 54 Cedar Street,Hyannis,MA;Map 343 parcel oil,y 25,2003 violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,February to: 1. CEASE AND DESIST TELY'all functions connected with this violation on or at the above mentioned premises. SUMjvLARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: 3-5.1 PR Professional Residential District 3-5.2 (B) (NI)`VP Well Protection Overlay District 2. CONI LNIENCE immediately, action to abate this violation. SUMMARY OF ACTION TO ABATE: Re move vendin machines from the remises ired And, if aggrieved by this notice and order,to show cause as to why you should not be regu do so,by filing an appeal with the Toga Clerk of Barnstable, a Notice of Appeal(specifying the ground �vithin thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). on.to,abate this violation has not commenced,further action as If, at the expiration of the time allowed,acti the law requires will he taken. By order, David Mattos Local Inspector Q/FORIvmsiviozonel ..f .f I Town of Barnstable Regulatory Services sr+e r Thomas F. Geiler,Director Building Division anxNsr,►ate, Tom Perry,Building Commissioner 9� , �e 200 Main Street, Hyannis,MA 02601 iOTEp MAC( f Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate- Robert o Scatambuli and.all persons having notice of this order. As owner/occupant of the premises/structure located at 54 Cedar St.,Hyannis Map 343 Parcel 011,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,February 26, 2004 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: 3-2.1 PR Professional Residential District 3-5.2(B)(M)WP Well Protection Overlay District 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: And, if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. By order, David Mattos Loca nspector 4 CERTIFIED MAIL 7002 1000 0005 0781 7488 Town. of Barnstable Regulatory Services Thomas F.Geller,Director Building Division * BARNSTABLE. Tom Perry,Building Commissioner 1639. 200 Main Street, Hyannis,MA 02601 • Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Daniel P.Koch and all persons having notice of this order. As owner/occupant of the premises/structure located at 54 Cedar St.,Hyannis Map 343 Parcel 011,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,February 26,2004 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: 3-2.1 PR Professional Residential District 3-5.2(B)(1VI)WP Well Protection Overlay District 4-3.3 Prohibited Signs 2-6.1(3)Prohibited Uses Also in violation of Site Plan Review decision SPR-016-98 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. By order, David Mattos Local Inspector CERTIFIED MAIL 7002 1000 0005 0781 7488 Q/FORMS/viozonel Town of Barnstable Regulatory Services F114 tp� Thomas F.Geiler,Director 0 Building Division anxrrsznBi e. Tom Perry,Building Commissioner v Mass.039. 200 Main Street, Hyannis,MA 02601 AtfD MP'1� Fax: 508-790-6230 Office: 508-862-4038 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Roberto Scatambuli and all persons having notice of this order. As owner/occupant of the premises/structure located at 54 Cedar St.,Hyannis Map 343 Parcel 011,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,February 26, 2004 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: 3-2.1 PR Professional Residential District 3-5.2(B)(M)WP Well Protection Overlay District 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: And,if.aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. By order, David Mattos Loca nspector CERTIFIED MAIL 7002 1000 0005 07817488 Q/FORMS/v OMel Town of Barnstable Regulatory Services �114E tq,- Thomas F.Geiler,Director Building Division SrABi E Tom Perry,Building Commissioner RAM MA-ca 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Roberto Scatambuli and all persons having notice of this order. As owner/occupant of the premises/structure located at-54 Cedar St.,Hyannis Map 343 Parcel oil,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,February 26, 2004 to: 1. CEASE AND.DESIST IMMEDIATELY, all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of.Town of Barnstable Zoning Ordinances: 3-2.1 PR Professional Residential District 3-5.2(B)(M)WP Well Protection Overlay District 2. COMMENCE immediately,action to:abate this violation. SUMMARY OF ACTION TO ABATE: And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter.40A Section 15 of the Massachusetts General Laws). If,at the.expiration of the time allowed, action to abate this violation has not commenced,further action as the law requires will be taken. By order, David Mattos Loca nspector CERTIFIED MAIL 7002 1000 0005 0781 7488 Qa` ey eS` ° 71 T�ovvn��o�f'� Va�r"�nsta�ble F� stKtIf ;_ e Regulato OFTME r �'Selce, K �_ q, Thomas F.Geiler,Director: . vk,. Building Division . , snxrra . " Tom Perry,Building Commissioner{ � c f 9 �p iG39 �0 200 Main Street Hyannis,MA 02601 _.,.. Office: 508-862-4038 -- --,M-�•-•••- --� .�. Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, &sast and Abate: Daniel P.Koch and all persons having notice of this order. As owner/occupant of the premises/structure located at 54 Cedar St.,Hyannis Map 343 Parcel 011,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,February 26,2004 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: 3-2.1 PR Professional Residential District 3-5.203)(M)WP Well Protection Overlay District 4-3.3 Prohibited Signs 2-6.1(3)Prohibited Uses Also in violation of Site Plan Review decision SPR-016-98 2. COMMENCE immediately, action to abate this violation. SUMMARY OF ACTION TO ABATE: And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by - filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed;action to abate this violation has not commenced,further action as the law requires will be taken. By order, David Mattos Local Inspector CERTIFIED MAIL 7002 1000 0005 0781 7488 Q/FORMS/viozonel 1 Brazil Motor 54 Cedar Street,Hyannis 508-790-3127 or 774-836-0067 Roberto Scatambulli, Manager Hazardous Material Inventory&Inspection July 15, 2004 Did a site visit to this place with Donna M. in June. Complaint from neighbor about toxic fumes. They were doing some bodywork but claimed it had stopped last year. Cars in shop had covers on them and the whole place smelled like paint thinner/paint. Misc. paint products and thinner without lids were on the stairs to the second floor. VIOLATIONS TO CHECK FOR DURING INSPECTION: First extinguishers. Car washing. Tire pile out back. Flammables on stairs (not stored or contained properly). License to do body work. 7/15/04 Has not complied with any previous order about self-haul waste recording and MSDS. A lot has been cleaned out because they have been shut down by the Building Department. They appealed this and lost. This shop cannot operate -judge ruling in June,2004. I inventoried and inspected anyway to advise him on his compliance. He is planning on moving his shop (has to) to another location. Has never done what he was instructed to do, according to records in file and site visits. Advised him to do more research and learn more about local laws and the town Building Code. Told him to get help and an interpreter so he can comprehend our laws and environmental restrictions better. He speaks good English but has been dodging his responsibility and not doing what is instructed by inspectors. This site has a history of serious environmental problems (dumping, illegal dwellings) and it has all caught up to them. The shop is neat condition but not in use at this time by order of Building Dept. ORDERS: Obtain a fire extinguisher. Have it serviced. Label all drums with "Hazardous Waste" and "Toxic", dispose of waste AF - no open spill pans! ' Date: "� / �5/ Oc-1 TOWN OF BARNSTABLE TOXIC AND HAZARDOUS MATERIALSON-SITE INVENTORY NAME OF BUSINESS: �l'Qz.i / • Io' b"Y' BUSINESS LOCATION: C P._rr(a r 5'+_ ;* C, INVENTORY MAILING ADDRESS: y* TOTAL AMOUNT: TELEPHONE NUMBER: 1-0$" `790- 31 2 r7 /05-eavcw CONTACT PERSON: db �'cYcat�rl��tva<it EMERGENCY CONTACT TELEPHONE NUMBER: MSDS ON SITE? No• TYPE OF BUSINESS: ;Ai&2!M ne.jAa,A _pp - INFORMATION/RECOMMENDATIONS. d EtL0, '� Plr:j, G1 ke Districtl - . an e. L. oVeM can s o co&,r+ wq sn o-1sP-se . Aie.eat -fa Waste Transportation: Last shipment 'Phazardous wa teA0 Name of Hauler: Destination: z —IZc" oil, Waste Product: 0 A-IF Licensed? Yes No L4CL0 t&r,o. sSc.a 1. NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous materials use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division. LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed/Maximum Observed/Maximum Antifreeze (for gasoline or coolant systems) Misc. Corrosive NEW USED Cesspool cleaners ;Z Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor Oils Pesticides 5SNEW YfUSED (insecticides, herbicides, rodenticides) G oline, Jet fuel, Aviation gas Photochemicals (Fixers) Diesel Fuel, kerosene, #2 heating oil NEW USED AA Misc. petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways &garages Wood preservatives (creosote) Caulk/Grout I Swimming pool chlorine Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers Misc. Combustible Car wash detergents Leather dyes Car waxes and polishes Fertilizers Asphalt & roofing tar PCB's Paints, varnishes, stains, dyes Other chlorinated hydrocarbons, Lacquer thinners (inc. carbon tetrachloride) NEW USED Any other products with "poison" labels Paint &varnish removers, deglossers (including chloroform, formaldehyde, Misc. Flammables hydrochloric acid, other acids) Floor&furniture strippers Other products not listed which you feel Metal polishes may be toxic or hazardous (please list): Laundry soil & stain removers (including bleach) Spot removers & cleaning fluids (dry cleaners) Other cleaning solvents Bug and tar removers Windshield wash WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS cc -Fo Brazil Motor 54 Cedar Street,Hyannis ��p�0� , �Q • 508-790-3127 or 774-836-0067 Roberto Scatambulli,Manager _ Hazardous Material Inventory&Inspection July 15, 2004 Did a site visit to this place with Donna M. in June. Complaint from neighbor about toxic fumes. They were doing some bodywork but claimed it had stopped last year. Cars in shop had covers on them and the whole place smelled like paint thinner/paint. Misc. paint products and thinner without lids were on the stairs to the second floor. VIOLATIONS TO CHECK FOR DURING INSPECTION: First extinguishers. Car washing. Tire pile out back. Flammables on stairs (not stored or contained properly). License to do body work. 7/15/04 Has not complied with any previous order about self-haul waste recording and MSDS. A lot has been cleaned out because they have been shut down by the Building Department. They appealed this and lost. This shop cannot operate -judge ruling in June,2004. I inventoried and inspected anyway to advise him on his compliance. He is planning on moving his shop (has to)to another location. Has never done what he was instructed to do, according to records in file and site visits. Advised him to do more research and learn more about local laws and the town Building Code. Told him to get help and an interpreter so he can comprehend our laws and environmental restrictions better. He speaks good English but has been dodging his responsibility and not doing what is instructed by inspectors. This site has a history of serious environmental problems(dumping,illegal dwellings) and it has all caught up to them. The shop is neat condition but not in use.at this time by order of Building Dept. ORDERS: Obtain a fire extinguisher. Have it serviced. Label all drums with "Hazardous Waste" and "Toxic", dispose of waste AF -no open spill pans! An /�flzhU�n'IrS�'P'ea3/�L s sPEC��C�sT ME(HANI(AL ELE(TRI(AL-WASHING i POLISHING-AUTO BODY ROBERTO&MARCOS PHONE(508)790.3127 CELL (774)836.0667 54,CEOA."R�S7#C;-HYANNIS3-MA^.026A19 I lOW'SERY/CE AAwAsm(MHOS,s"Fi¢'O,Df, 00/NC6O) �I Town of Barnstable-Health Department Page 1 HAZARDOUS MATERIALS INVENTORY SITE VISITS DBA: Brazil Motor Fax: ' Corp Name: Mailing Address Location: :54 Cedar Street#C,Hyannis Street: 54 Cedar Street,#C mappar: City: Hyannis Contact: :Roberto Scatambuli,Manager State: MA Telephone: 508-790-3127 Zip: 02601' Emergency: :774-836-0067 Person Interviewed: Business Contact Letter Date: 7/8/2004 Category: Vehicle Maintenance Inventory Site Visit Date: .7 hs- ®i-( Type: Auto Repair Follow Up/Inspection Date: _ ._. ❑ public water ❑ indoor floor drains ❑ outdoor surface drains ❑ license required ❑ private water ❑ indoor holding tank mdc ❑ outdoor holding tank mdc ❑ currently licensed ❑ town sewage ❑ indoor catch basin/drywell ❑ outdoor catch basin/drywell expir -- - - - ❑ on-site sewage ❑ indoor on-site syste ❑ outdoor onsite system date .......... _.... Did a site visit to this place with Donna M.in June. Complaint from compliance: t;vl ors neighbor about toxic fumes. They were doing some bodywork but claimed it had stopped last year. Cars in shop had covers on them and the whole place smelled like paint thinner/paint. Misc.paint products and thinner without lids were on the stairs to the second floor. VIOLATIONS TO CHECK FOR DURING INSPECTION: Firt&& M a extinguishers. Car washing. Tire pile out back. Flammables on stairs 9 '� (not stored or contained properly). License to do body work. ,,a it-L �iv� 2 r Page 2 Town of Barnstable-Health Department HAZARDOUS MATERIALS INVENTORY Chemicals: ❑ Zero Toxic Waste Materials ❑ gty's>25 Ibs dry or 50 gals liquid but less than 111 gals ❑ gty's 111 gals or more Waste Transporter: ! Fire District: �� Last HW Shipment Date: Waste Hauler Licensed: No VLAA n � ral(b�) - Date: TOWN OF BARNSTABLE TOXIC AND HAZARDOUS MATERIALS ON-SITE INVENTORY NAME OF BUSINESS: 006LZi / ' '0*0-114 BUSINESS LOCATION: Sal C ea(ay S'�_ # 'C�- f-�1�� INVENTORY MAILING ADDRESS: It TOTAL AMOUNT: TELEPHONE NUMBER: 67702 S— O— 31 Z r7 e auon_S CONTACT PERSON: EMERGENCY CONTACT TELEPHONE NUMBER: aswir =7 -9mr7 MSDS ON SITE? Alb- TYPE OF BUSINESS: P 4-u2!o ogeyou%A _ �i�; f" p an INFORMATION/RECOMMENDATIONS: �-!�._ �'�� Pire Dlstr ct�'�' e. . C.., AnX e. 144 Ca. S o was i► o-bs�- vela . Ate.fat-fa. Waste Transportation: W Last sh_ Phdazardous waste: Name of Hauler; Destination: 6j&&&W oil. Waste Product; ni A-SE Licensed? Yes No W[aA"a SS'c.1MA. arf' < NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous materials use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division. UST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. , Observed/Maximum Observed/Maximum Antifreeze (for gasoline or coolant systems) Misc. Corrosive NEW USED Cesspool cleaners Z Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor Oils Pesticides 6-SNEW SU ED (insecticides, herbicides, rodenticides) Gareoline, Jet fuel, Aviation gas Photochemicals (Fixers) Diesel Fuel, kerosene, #2 heating oil NEW USED Misc..petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways &garages Wood preservatives (creosote) Caulk/Grout Swimming pool chlorine Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers Misc. Combustible Car wash detergents Leather dyes Car waxes and polishes Fertilizers Asphalt & roofing tar PCB's Paints, varnishes, stains, dyes Other chlorinated hydrocarbons, Lacquer thinners (inc. carbon tetrachloride) NEW USED Any other products with "poison" labels Paint &varnish removers, deglossers (including chloroform, formaldehyde, Misc. Flammables hydrochloric acid, other acids) Floor&furniture.strippers Other products not listed which you feel Metal polishes may be toxic or hazardous (please list): Laundry soil & stain removers (including bleach) Spot removers &cleaning fluids (dry cleaners) Other cleaning solvents Bug and tar removers Windshield wash WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS Date: Au, 7. 6 TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM NAMEOFBUSINESS: £22 �,2 1S t Qe as <" BUSINESS LOCATION:���,F CJ(4(L STRF.F_T I o", N Mail To: MAILING ADDRESS: SAME. Af3av�' Board of Health TELEPHONE NUMBER: 6-Oc6--771 -/I;Z9 Town of Barnstable CONTACT PERSON: /i jvJ rrc �� ass 1 rl r7/-1!�q P.O. Box 534 EMERGENCY CONTACT TELEPHONE NUMBER: Qn-, 77/- 5-69 / Hyannis, MA 02601 TYPEOFBUSINESS: A(,J?o /?fP,4 rn_ Does your firm store aryy'of the toxic or hazardous materials listed below, either for sale or for you own use? YES ✓ NO This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed envelope for your convenience. If you answered YES above, please indicate if the materials are stored at a site other than your mailing address: ADDRESS: TELEPHONE: LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health has determined that the following products exhibit toxic or hazardous character- istics and must be registered regardless of volume. Please estimate the quantity beside the product that you store. NOTE: LIST IN TOTAL LIQUID VOLUME OR POUNDS. Quantity Quantity S� Antifreeze(for gaso ine or coolant systems) Drain cleaners P--NEW USED Cesspool cleaners �a4�IGy�S Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salt (Halite) Hydraulic fluid (including brake fluid) Refrigerants . 15Motor ils Pesticides W USED (insecticides, herbicides, rodenticides) o 1'� Gasoli , Jet Fuel Photochemicals (Fixers) Diesel fuel, kerosene, #2 heating oil NEW USED &&s Other petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways & garages Wood preservatives (creosote) Battery acid (electrolyte) Swimming pool chlorine Rustproofers Lye or caustic soda Car wash detergents Jewelry cleaners Car waxes and polishes Leather dyes Asphalt & roofing tar Fertilizers Paints, varnishes, stains, dyes PCB's Lacquer thinners Other chlorinated hydrocarbons, NEW USED (inc. carbon tetrachloride) Paint & varnish removers, deglossers Any other products with "poison" labels Paint brush cleaners (including chloroform, formaldehyde, Floor & furniture strippers hydrochloric acid, other acids) Metal polishes Laundry soil & stain removers Other products not listed which you feel (including bleach) may be toxic or hazardous (please list): Spot removers & cleaning fluids (dry cleaners) Other cleaning solvents Bug and tar removers WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS Date: TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM NAMEOFBUSINESS. BUSINESS LOCATION: Qsf Q Sfi • �\_S MAILINGADDRESS: Mail To: Board of Health TELEPHONE NUMBER:. Town of Barnstable CONTACTPERSON: s �-� P.O. Box 534 EMERGENCY CONTACT TELEPHONE NUMBER: S ^ �_-bq Hyannis, MA 02601 TYPEOFBUSINESS: '�q_ P"u- Does your firm store any of the toxic orrdous materials listed below, either for sale or for you own use? YES NO V This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed envelope for your convenience. If you answered YES above, please indicate if the materials are stored at a site otherthan your mailing address: ADDRESS: TELEPHONE: LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health has determined that the following products exhibit toxic or hazardous character- istics and must be registered regardless of volume. Please estimate the quantity beside the product that you store. NOTE: LIST IN TOTAL LIQUID VOLUME OR POUNDS. Quantity Quantity Antifreeze(for gasoline or coolant systems) Drain cleaners NEW 01_IL� USED Cesspool cleaners _1QC-S-9-Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salt (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor oils Pesticides 1�Sv.-NEW 25kSED (insecticides, herbicides, rodenticides) Gasoline, Jet Fuel Photochemicals (Fixers) Diesel fuel, kerosene, #2 heating oil NEW USED Other petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways & garages Wood preservatives (creosote) Battery acid (electrolyte) Swimming pool chlorine Rustproofers Lye or caustic soda Car wash detergents Jewelry cleaners Car waxes and polishes Leather dyes Asphalt & roofing tar Fertilizers Paints, varnishes, stains, dyes PCB's Lacquer thinners Other chlorinated hydrocarbons, NEW USED (inc. carbon tetrachloride) Paint & varnish removers, deglossers Paint brush cleaners —�� Any other products with "poison" labels (including chloroform, formaldehyde, Floor& furniture strippers y hydrochloric acid, other acids) Metal polishes Laundry soil & stain removers Other products not listed which you feel (including bleach) may be toxic or hazardous (please list): Spot removers & cleaning fluids ,pis (z:;� (dry cleaners) C____r � Other cleaning solvents Bug and tar removers WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS °pIME r°y, Town of Barnstable Department of Health,Safety and Environmental Services ' `�MASS. ' Public Health Division MASS. �, .s6gq ♦� ATEO 39 A 200 Main St.Hyannis,MA 02601 Office: 508-862-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health September 5, 2002 Daniel Koch PO Box 416 Tisbury,MA 02568 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II: MINIMUM STANDARDS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE HAZARDOUS WASTE ORDINANCE, ARTICLE XXXIX The property owned by you located at 54 Cedar St., Hyannis was inspected on August 8, 2002 by Lee McConnell,RS, Health Inspector for the Town of Barnstable, after receiving a complaint about the property. The property was inspected again on August 9, 2002 by Lee McConnell, and Sam White, Health inspectors, as well as, Ralph Jones, Building Inspector for the Town of Barnstable. The following violations of 105 CMR 410.00, State Sanitary Code II: Minimum Standards Of Fitness For Human Habitation and the Town of Barnstable Hazardous Waste Ordinance,Article XXXIX were observed: 105 CMR 410.250: Habitable Rooms Other Than Kitchen-Natural Lights and Electrical Outlets (B) Two separate wall-type convenience outlets, or one such outlet and one electric light fixture. Observed no working outlets in master bedroom. Missing light fixtures in rooms in house and outside front door. Also, observed exposed wires where missing fixture was outside front door. 410.256: Temporary Wiring No wiring shall extend through a doorway or other opening in a structural element. Observed an extension cord running out bedroom window, down the back of house to kitchen, to supply power. 410.481: Posting of Name of Owner An owner of a dwelling which is rented for residential use, shall post a notice constructed of durable material,not less than twenty (20) square inch in size, bearing his/her name, Q:/health/wpfiles/nuic#1 address, and telephone number. If the owner is a realty trust or partnership,the name, address, and telephone number of the managing trustee or partner shall be posted. 410.500: Owner's responsibility to Maintain Structural Elements Every owner shall maintain the foundation, floors,walls, doors and windows, ceiling and other structural elements of his/her dwelling so that dwelling excludes wind, rain and snow, and is rodent proof, in good repair in every way fit for the intended use. Observed missing ceiling tiles in back pantry room, sagging and torn ceiling tiles in master bedroom. The back kitchen window has exposed insulation and is not weather tight and the front brick steps are not secured in place. 410.551: Screens for Windows The owner shall provide screens for all windows designated to be opened on the first four floors opening directly to the outside from any dwelling, the owner need provide screens for only those windows used for ventilation. The screens shall be tight fitting as to prevent the entrance of insects and rodents around the perimeter. Town of Barnstable Ordinance,Article XXXIX: Section 4- Inventory and Registration: 4(1)No owner of a business, home occupancy, industry, or operator shall handle or store hazardous materials in the Town of Barnstable unless he/she is the holder of a registration. Such registration shall include an inventory, the location of the site,the name of the operator, and the name of the owner. The inventory shall include the proposed and/or existing quantities of all hazardous materials handles or stored on site on the form provided by the Health Department. Section 5- Storage Controls: 5(1) All hazardous material shall be stored indoors,unless in product-tight containers which are protected from natural elements, leakage,vandalism and accidental damage. Section 9-Prohibitions: 9(1) The release of any hazardous materials upon the ground, or into any surface or groundwater's or into any sewage disposal system, sewer system, catch basin, or drywell within the Town of Barnstable, is prohibited. Oil and gasoline stains observed on asphalt and on soil on sides of building. Section 12-3-Enforcement: 12(3) All records pertaining to storage,removal and disposal of toxic or hazardous waste shall be retained for no less than five (5)years by the registered holder, and shall be made available for review by the Health Department upon request. Q:/health/wpfiles/nuic#1 �Y 780 CMR: State Building Code Commission: Section 411.0 Paint Spraying and Spray Booths 411.2 Location of spraying processes: Such processes shall be conducted in a spraying space, spray booth, spray room or shall be isolated in a detached building or as otherwise approved by the building official in accordance with engineering practice. Complaints received at this office alleging that tenants are spray painting automobiles on this property. You are directed to correct these violations within ten (10) days of receipt of this notice by rectifying all housing and hazardous waste violations. The yard must be keep clean of any loose rubbish or debris. Also,only three cars are allowed per bay and only one unregistered vehicle on this property. You may request a hearing if written petition requesting the Board of Health receives it 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 HE BOARD OF HEALTH mas A. cKean Director of Public Health CC: Hyannis Fire Dept. Thomas Perry, Barnstable Building Commissioner Paul Drake, Executive Realty Q:/health/wpfiles/nuic#1 COMMONWEALTH OF MASSACHUSETTS DISTRICT COURT DEPARTMENT BARNSTABLE ,SS: SUMMARY PROCESS �&L/ koG PLAINTIFF DATE LS C :tom �t� DEFENDANT Qw �. AGREElVLENT FOR JUDGMENT' a; 2 It is hereby agreed that judgment may be entered in this Summ Process action for Y �Y saw Possession as of /f Cyr Execution for Possession to be issued on A Money Execution to,�b-Ms'sued on �, / W` t° ac " f Total Rent Due: Costs: t AL 'aMIA Other Terms and Conditions k� z .Jet ca/ � k Gi l L d 5�1" h17 e�Uf111�/��r�6r y O0y e)rl i '' 11 n .l' dry/ s+'k`kyµ —-- - '. 5 �✓y''� ', )(4-4 1 Gr`':t l f 5� ( t '-,��b dAe �1r�c 0-e -e,4 JI Yk 1 :lLLdn � �t'-J�G'd�L f.� � `4.�d1!�- 'y�l�.e:��4i� '•�,[•''c' '��c7 C:.�? e �.t:' ZG� Plaintif i Defendant,' l Atty for Pit£ Atty for Def. , �- Approved by Mediator ` ��J approved by Court Ejectment Execution Reque t d Money Execution Requested II` FORM30 ���� HOBBS&WARREN TM THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH �a rn s 4x,b lz CI TOIdl WN w Bte✓ o DEPARTMENT 200 /yi--In_�' awn1, r!f o2bo1 'o ADDRES /�Jy(y/ /��/L1 / /? TELEPHONE Address Oio C-0-, Of. Ao—V.r Occupant__ Floor Apartment No. G No.of Occupants No.of Habitable Rooms No.Sleeping Rooms No.dwelling ord rooming units �o.Stories Name and address of owner act 13� _I,�J wr CJ Z Re rks Reg. Vio. YARD Out Bld s.: Fences: �S c` Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual E res d Ob t'n.: ❑ B ❑ F ❑ M Doors, do - Sr Roof ;n 5 Gutters, Drains: Walls: Foundation: Chimney: BASEMENT Gen.Sanitation: Dampness: Stairs: Li htin : STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Li htin : Hall Windows: HEATING Chimneys: Central ❑ Y ❑ N Equip. Repair TYPE: Stacks, Flues ents: PLUMBING: Supply Li ❑ MS ❑ ST ❑ P Waste 'ne: H.W ank s Safety and Vent(s) ELECTRICAL P nels, Meters,Cir.: ` ❑ 110 ❑ 220 using,Grnd.: s` e.-V. AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: — Mgk= Le-Jr e ec cC-4 a-f DWELLING UNIT r `r Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen room 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: Egress Dual and O st'n: General ftildin Poste c 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 INSPECTIO EPOR S SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF P INSPECTOR TITLE `r DATE `v TIME !(',30 P.M. A.M. THE NEXT SCHEDULED REINSPECTION P.M. 410.750: Conditions Deemed to Endanger or Impair"-iealth or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the heaith, or safety and well-being of a person or persons occupying the premises. This listing is composed of those 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 410.100 through 410.620 state minimum requirements of fitness for human habitation, any other violation has the potent al to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions 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 such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include 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) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon 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 c isposal 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 any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress ir,case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements cf 105 CMR 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, 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. n unit in violation f h MassachusettsDepartment of Public (J) The presence of leadbased paint on a dwelling or dwelling u to the epa Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (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 facilties 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 defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) 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 inoperable. (2) Failure to provide a washbasin and shower or oathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heatirg system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) 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. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition 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. a � S FORM30 C I,&W N'oees a Wnaa�N TM THE COMMONWEALTH OF MASSACHUSETTS � cac� BOAEZD OF HEALTH 5 Ar� CI V9TOWN W -� ' l►"Fe' ` a DEPARTMENT ' SVe� ADDRESiq/� o TELEPHONE Address f _ _. _ �t,/mr7/1' _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 41 _1. ` Remarks Reg. Vio. YARD , �:� Out Bld s.: Fences: 1plreesx ( ax 3, Garbage and Rubbish Containers.- Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual E res d Obst'n.: ❑ B ❑ F ❑ M Doors, indow : `,� ,) ,5ou PaY z ;ao&; Roof c _ Gutters, Drains: Walls: Foundation: 4,. Chimney: BASEMENT Gen.Sanitation: Dampness:- Stairs: T. E , Li htin r x, x. STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: Hall Windows: HEATING Chimneys: , Central ❑ Y ❑ N E ui . Re air ,-4e TYPE: Stacks, Flues,Alents: PLUMBING: Supply Line" " I ❑ MS ❑ ST ❑ P Waste (ne: a' H.W!Tank s Safety and Vent(s) ELECTRICAL P-nels, Meters,Cir.: ;,-� ❑ 110 ❑ 220 /Pusin ,Grind.: AMP: / Gen.Cond. Distrib. Box: + ,, Gen. Basement Wiring: - - Ae ,E „..� a ACC 4f e„J !, Ir DWELLING UNIT e,rt-ya , Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchenfh om Ba Pantry Den LivingRoom ' 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;Toiletfacil ..Vent., Plumb.,Sanit'n.: ; :Wash;Basinf.Shower Infestation Rats, Mice, Roaches or Other: Egress Dual and Obst'n: General I CbuildingPoste e,4 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�REPORI�IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PEFFi° JA . INSPECTOR TITLEIf + { A DATE ` ' TIME r , A.M. THE NEXT SCHEDULED REINSPECTION /�* ` P.M. i 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in res dential 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 those items which are deemed to always have the potential tD endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions 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 such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to w-iom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in giantity, 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) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required oy 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon 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 disposal 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 any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, 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 leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (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 facilties 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 defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 1 D5 CMR 410.482. (0) 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 caDacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either inoperable. (2) Failure to provide a washbasin and shower or oathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heatirg system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) 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. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition 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. .. ,.-., o. r•..P, .�,.r..rK, .,: . ., :'. . .i '!F ,:, .�., x ...., y :, .r. .. • � •:`il`i•!"-,rr'..,.•<} .'.t...i'. '. TOWN OF BARNSTABLE g $AR-w . 11,36 e Ordinance or"Regulatio . WARNING NOTICE l t Address of Offender `? MV/MB Reg.# Village/State/Zip na Vfi MLIIsSS# Business Name pm 9 Business Address ;9 Si ature of En o; cifi4Officer ,.. VillagelState/Zip Location of Offense p Enforcing . ept Division Offense Facts a / / VqJ0 This' 'wi1`'1 serve only :as. a warni g. At' this - a no 1 gal action �Oas been taken. It.' is the, goal of Town agencies,, to. achieve voluntary compliance of : Town Ordinance s, ,:Rules and Regulations. Education efforts and warning notices; are attempts to,`gain . voluntary compliance:: Subs equent. :violations will result in " appropriate legal action-by-the. Town , r F ) OWN OF BARNSTABLE -W tM Ordinance,� '-Regulation WARNING4 NOTICE n Name of Offendee't/Manager Address t of Offender % ;. /P MV/MB Re .# Village/State Zi i / / Business Name am/p 'ion 194 C , Business Address SigAnature of E n�fo=cing�Officer Village.0tate/Zip Location of Offense '' f . ,�-' /. (Enforcing Dept/Division Offense F* I`+�-i �ft "; �� Its - � X {l' f ..J ,ry"� , Facts )N ,'� f ,� 't;_ 1 .f r' ` ' � li•� V . This wall. serve only, :as a warm g.`,At..ahis f a .no lega action has been taken. It is the goal of : Town agencies to achieve ". voluntary compliance of, Town Ordinances., Rules and 'Regulations.. ``Educat on efforts and warn ng ;novices are, " attempts' togain voluntary compliance... Subsequent: violations will result in. appropriate legal action by�the Town. , Alft k.F'E )''?.. w v.ly .- v l.... f,.... .T 1,[,,.,..1.,F. .lh,:. C .S ♦grits .usl . i ,k,..Sf,a , ,„,_<.t Er e.,... .r. .. ♦.. +. e. - ._ J r.. . . :'.i .F r r TOWN OF 'BARNSTABLE BAR-w Ordinance or"Regulation' WARNING NOTICE Name of Offender/Managed Address of Offender "�'3 r .�f't %r ' `" MV/MB Reg.# ; Village/State/Zip Y 1 , .__..�,- � r f�� �' Business Name �am\/pm, 'on 19 Business Address � ' � ,d t',tt.. .s:w I Signature of Enforcing; Officer - r Village,/State/Zip , Location of Offense ,, )' Enforcing Dept/Division Offense +�^ A t Facts rA T <,. f `tf; J This-'`will. serve only as a warning.. At this tinie no legal"-action has been taken. It .. is the goal. of Town agencies to achieve voluntary compliance of Town Ordinances, Rules andRegulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in . appropriate legal -action by the Town. TOWN'OF BARNSTABLE BAR-W 476 Ordinance or Regulation WARNING NOTICE O�^A Name of Offender/Manager �1�/V A Address of Offender_ 54 MV/MB Reg.#- upc- Village/State/Zip /VA / _Business Name S MC2 am/pm; W. 19 . o Business Address o �, Si nature of Vflfhr rnoOfficer Village/State/Zip Location of Offense Ll lift# d ` ro En orcing Dept/DivisionOffense � G, , p 9Px0( P2//� � Facts MOSr (AV �ffiL_ /0_ lqq This will serve only as a warn*iiig-1 At his time no legal� iction has been taken. It is the goal•,' of . Town agencies to achieve _ voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. TOWeOF BARNSTABLE BAR....-W 476 Ordinance, or Regulation WARNING NOTICE Vr Name of Offense"r/Mana er !l illil g Address of Offender � '7fi , Lr MV/MB Reg.# Village/State/Zip }l11' � A . / 41119 AA Business Name 4 am/pm; on19 Business Address Signature of Ehforq-Th Officer Village/State/Zip Location of OffenseMS C 1{il� c r7 Enforcing Dept/Division Offense �1i' C�.l t f - i � 0! 0 ,� 'f Facts r -� f `l' f/ ;c"t d ,C ., PA Zlo This will ser a only as a warning. At 'this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to :gain voluntary. compliance. Subsequent violations will result in appropriate legal action by the Town. y' TOWN OF BARNSTABLE BAR-w 476 Ordinance or."Regulation ` WARNING NOTICE Name of Offender/Manager i ,i1 ?� r - ti, J ✓ { �� Address of Offender t' .-, 'E MV/MB Reg.# Village/State/Zip r ' 1` r'r ti I ' r ! Business Name am/pm; on j/ 19_, Business Address Signature of Enforcing Officer Village,/State/Zip Location of Offense Enforcing Dept/Division `r Offense Facts This will serve only as a warning; At 'this time 'rio/legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary. compliance. Subsequent, violations will result in appropriate legal action by the Town. !' TOWN OF BARNSTABLE BAR-W 1 146 Ordinance or ,Regulation ,WARNING NOTICE Y 5 Name of Offender/Manager Address- of Offender MV/MB R1,0 .# e Village/State/Zip Business Name © m 19 Business Address naI tore f Kiff or i g Of f icer Village/State/Zip t Location of Offense ff -Enforcing De /Division Cp Offense UCH `ILA ,/`�I� . O oos o Fact W / `� Q. 1S l W . �f �l r l` ' This. will serve only as a'warning: ;At, t as, time"n lega action. has been taken. It is` 'the go of Town agencies., to achieve.,'volinta g, gry compllance . :of Town Ordinances,. Rules ,and..Regulations.. Education' efforts And warning notices are g g attempts to gain.,voluntary compliance Subsequent: .v olatib' will, result in appropriate legal action by the Town r `x;„. 5 r,.-..,.. qy c*�.riT r ....�y;, y 'p .-�ti;a'.^'�"ye pr.7:� ' x1 .. .. _......Tl�•4....-rya - TOWN O# BA,RNSTABLE -BAR-W 4146 Ordinance or 'Regulation - .! Name of ..LOffender/Manager Address 4of Offender t MV/MB Rer.#f / Y Ytl'�' �i iG ' C Village¢/�State Zip ,� 3, / Business#, .:Name y / m; oa 19r Business Address ,� '�117 rr 4S. gnature f E:nforcing Officer l . Village/State/Zip � Location of Offense . 1- X)"'_� H ram• :r�...� �.,° Enforci�rn�g� �Dept/Division Offensetr, E� .: •' ' t �' Facts 7 GrAV allbb 1' >` IV ' This will s. .e;rve,._,only„ as: a.warning. At thEi <t :*e no. lega 'action has -been taken. It is .the goal of Town agencies to achieve voluntary compliance of, Town Ordinances Rules •and: Regulat`ions.: Education'.. ef.forts and warning notices are attempts;, to gain voluntary .compliance. Subsequent violations will result in appropriate' �iegal` action by„the Town. ...._ �. ...,. ...... ,..a,. TOWN OF BARNSTABLE' BAR-W ,.. 146 Ordinance or' Regulation { WARNING NOTICE Name of Offender/Manager ,,-%ri"� i r '' Address of Offender "�J ;j1' � .t° .t MV/MB Reg:# Village/State/Zip ! " � t i� ;�{ ! ` '� '{ Business Name am .w m on j, Business Address r N +. ',S, gn `tdxe�bf Enforcing Officer Village/State/Zip Location of Offense _ Enforcing Dept/Division Offense - 'i / I Facts t� *' "' ✓' r :, 1 Lf# r {. la � Xr,/� ,r� Pr This will serve only as a warning. At' this time no" legal 'action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to . gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. TOWOF' 'BARNSTABLE BAR N� 477 Ordinance or Regulation WARNING NOTICE . Name of Offender/Manager C/ a Address of Offender L�A� MV/MB Reg.# 0 Village/State/Zip z. Business Name —'`" am/pm" on 19 Business Address D to a of o 0 icer a Village/Stat, ip Location of 0 f e o A En orcing ep /.Division 0 f f en s ej�A �'F--' ��� "`-'-1 o Facts L; This will serve only as a warning. At this time Ao legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, : Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. TOWN*OF BARNSTABLE BAR-W 477 \ Ordinance orpRegulation WARNING NOTICEx Name of Offender/Manager Address of Offender 1-: / 1 _ i, ;, t MV/MB Reg.# , Village/State/Zip 1lVV/ �, 1 L , Business Name ,r am/pm; on 19� Business Address S4tu aNMIor" 0 cer Village/Stat ip ,}f Location of O fe set K , � \-/ Enforcing ,Dept/Division Offense Facts .�� 1 �1 t }ram `r �( r C l �. � t. ( r y This will serve only as a warning. At this tim no legal action has been taken, It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. TOWN OF BARNSTABLE BAR-W 477 Ordinance or�Regulation WARNING NOTICE Name of Offender/Manageri `x Address of Offender MV/MB Reg.# � Village/State/Zip `, / l EF '� . }' �,t._tr`1 J # t Business Name am/pm,el — %n,f:orc-, on � 191 Business Address ` s f Siva to a of � .. 0 cer Villa e/Stat /' i g �P Location of 0 fe e `, Enforcing Dept/Division Offense Facts This will . serve only as a warning. At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of - Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. Y�o►1�, �o�or5 c�der�cP�-o—Ic�ve_.— CxV 4g6. O�UL )VVl4W _tarill I-k('C-tA—;ffcn vu - _- s�,it�°�.��a��!��ti.... i:�._.�—,��1�`.�..is�`��--'•ram.-i�?`' {r�'�-k .g V ape -L✓L�r�U C.-�'1 In- TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair 0 satisfactory 2.Printers BOARD OF HEALTH 3.Auto Body Shops unsatisfactory- 4.Manufacturers COMPANY 601�11 G-V J (see"Orders") 5.Retail Stores 6.Fuel Suppliers ADDRESS 21 a,-_ 3'4-. Glass: 7.Miscellaneous QUANTITIES AND STORAGE (IN=indoors;OUT-outdoors) MAJOR MATERIALS IN OUT IN OUT IN OUT #&gallons Age Test Fuels: Gasoline Jet Fuel (A) )L Diesel, Kerosene, #2 (B) Heavy Oils: Z waste motor oil (C) 70 U� new motor oil(C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: 1 / 4, C& ri5 �K, DISPOSAI./RECI AMATION REMARKS: 1. Sanitary Sewage 2.Water Supply E��G�{'`G j`s �,oGc Cv �(rv'�fd S • ' Poerown Sewer 'ublic J � 0 On-site OPrivate 3. Indoor Floor Drains YES---NO L/ 0 Holding tank:MDC_ "�/10 /VIJ f Q dZ04411c y �S k 0 Catch basin/Dry well C/ G✓ � G�! 0 On-site system 4. Outdoor Surface drains:YES NO LX ORDERS: 0 Holding tank:MDC e4&1&.( k�1,10* Nl Zi'4" 4b)X24'�, 0 Catch basin/Dry well 0 On-site system 5.Waste Transporter YES NO 2. LU erson(s) Interviewed Inspeietor Date — TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair satisfactory 2.Printers BOARD OF HEALTH 3.Auto Body Shops ti unsatisfactory- 4.Manufacturers COMPANY 4 l.S!P! O (see"Orders") 5.Retail Stores 6.Fuel Suppliers ADDRESS Class' 7.Miscellaneous QUANTITIES AND STORAGE (IN= indoors; OUT=outdoors) MAJOR MATERIALS Y;`"`• _ �;f i^ IN OUT IN OUTI IN OUT #&gallons Age Test Fuels: Gasoline,Jet Fuel(A) Diesel, Kerosene, #2 (B) f Heavy Oils: waste motor oil (C) new motor oil(C) transmission/hydraulic Synthetic Organics: degreasers 57 Miscellaneous: DISPOSALIRECLAMATION REMARKS: 1. Sanitary Sewage 2.Water Supply Town Sewer 'Public f ' O On-site OPrivate 3. Indoor Floor Drains YES NO—I' _ O Holding tank:MDC !J z O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES N0—Z ORDERS: O Holding tank:MDC O Catch basin/Dry well O On-site system 5.Waste Transporter YES NO 2. f Person (s) Interviewed Inspector ate TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair satisfactory 2.Printers ,BOARD OF HYFALTH 3.Auto Body Shops �►^�wn(.' f�c ,,5+( dfl Fcveb � _30 unsatisfactory- 4.Manufacturers COMPANY. �� � ,4 ��" ��' 5.Retail Stores (see"Orders") 6.Fuel Suppliers ADDRESS �e � n ��L;� 7.Miscellaneous QUANTITIES AND STORAGE (IN= indoors;OUT=outdoors) MAJOR MATERIALS , IN OUT IN OUT IN OUT #&gallons Age Test Fuels: Gasoline,Jet Fuel (A) Diesel, Kerosene, #2 (B) Heavy Oils: waste motor oil (C) CAS v new motor oil (C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: elm IC-S DISPOSAL/RECLAMATION REMARKS: 1. Sanitary Sewage 2.Water Supply LI1t6t,C, j1 Town Sewer 'ublic ? " v O On-site QPrivate b 3. Indoor Floor Drains YES NO 0 Holding tank:MDC_ 0 Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES NO ORDERS: r 0 Holding tank:MDC ��feu:-, cam' ,.� -� "A f`l& 0 Catch basin/Dry well �" ,,� O On-site system 5.Waste Transporter YES NO 2. lz Person (s) Interviewed Inspector Date 2 f- J C TOWN„ OF BARNSTABLE ,g�COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair nters 1§09RD OF HEALTH k� satisfactory 3.2.Auto Body Shops unsatisfactory- 4.Manufacturers COMPANY (see"Orders") 5.Retail Stores 6.Fuel Suppliers ADDRESS Class: 7.Miscellaneous :TE C,t ONV QUANTITIES AND STORAGE (IN=indoors; OUT=outdoors) MAJOR M S IN I OUT IN OUTI IN OUT #&gallons Age Test Fuels: Gasoline,Jet Fuel (A) Diesel, Kerosene, #2 (B) Heavy Oils: waste motor oil (C) new motor oil(C) I transmission/hydraulic Synthetic Organics: degreasers M� cellaneous: r 44t,41 2P� DISPOSALfRECLAMATION REMARKS: 1. Sanitary Sewage 2.Water Supply O Town Sewer A'ublics iEWn-site OPrivate 3. Indoor Floor Drains YES—No O Holding tank:MDC O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES NO ORDERS: O Holding tank:MDC O Catch basin/Dry well O On-site system 5.Waste Transporter YES NO 2. Z V// ' ,� s n�rviewed Date TOWN OF BARNSTABLE OMPLIANCE: CLASS: p 1.Marine Gas Stations Repair satisfactory 2.Printers BOARD OF. HEALTH 3.Auto Body Shops COMPANY } �� i unsatisfactory- 5.Manufacturers (see Orders ) 5.Retail Stores 6.Fuel Suppliers ADDRESS s Class: 7.Miscellaneous QUANTITIES AND STORAGE (IN=indoors;OUT=outdoors) MAJOA.MATERI��II LSove °;u . . an s IN OUT IN OUT IN OUT #&gallons Age Test Fuels: Gasoline,Jet Fuel (A) Diesel, Kerosene, #2 (B) wy-Ol s. ste motor oil C) . new motor oil (C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: P � oj A Or ua Z61 DISPOSALIRECLAMATION REMARKS: a 1. Sanitary Sewage 2.Water Supply 05 O Town Sewer *ublic On-site O Private co ROM eir-s- 3. Indoor Floor Drains YES NO x_ v O Holding tank:MDC S II O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES NO ORDERS: O Holding tank:MDC O Catch basin/Dry well O On-site system 5. Waste Transporter Na i 1 • IWaste Product d swo2. Y e son (s) 9ri •r"viewed Ins or ate p v � TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM NAIVE-01`:�6BUSINESS: , ��1 t CI r t��� 'C� Mail To: BUSINESS LOCATION: C �zd css � � 4p— Board of Health Town of Barnstable MAILING ADDRESS: P.O. Box 534 TELEPHONE NUMBER: .V\!jj- 0&1 _9 Hyannis, MA 02601 CONTACT PERSON: Lw ' EMERGENCY CONTACT TELEPHONE NUMBER: / Does your firm store any of the toxic or hazardous materials listed below, either for sale or for your own use, in quantities tot ling, at any time, more than 50 gallonsliquid volume or 25 pounds dry weight? YES NO This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed envelope for your convenience. If you answered YES above, please indicate if the materials are stored at a site other than your mailing address: ADDRESS: TELEPHONE: LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health has determined that the following products exhibit toxic or hazardous character- istics and must be registered regardless of volume. Please estimate the quantity beside the product that you store: Quantity/Case Quantity/Case Q Antifreeze (for gasoline or coolant systems) Drain cleaners CAutomatic transmission fluid oilet cleaners C:� 1Engine and radiator flushes _ Cesspool cleaners UV f ydraulic fluid (including brake fluid) O Disinfectants 7LIWH v m M for oils/waste oils _ Road Salt (Halite) asoline, Jet fue{ _ Refrigerants Diesel fuel, kerosene, #2 heating oil Pesticides (insecticides, herbicides, �zS .1,1.1� Pttheer petroleum products: grease, lubricants rodenticides) Q Degreasers for engines and metal d Photochemicals (fixers and developers) Degreasers for driveways & garages _� Printing ink _ Battery acid (electrolyte) C-�)_ Wood preservatives (creosote) Rustproofers _„) Swimming pool chlorine Car wash detergents d Lye or caustic soda �� ) Car waxes and polishes 0 Jewelry cleaners 0 Asphalt & roofing tar _ Leather dyes n Paints, varnishes, stains, dyes O Fertilizers (if stored outdoors) n Paint & lacquer thinners _ PCB's Paint & varnish removers, deglossers O Other chlorinated hydrocarbons, Paint brush cleaners (inc. carbon tetrachloride) Q_ Floor & furniture strippers �_ Any other products with "Poison" labels C) Metal polishes (including chloroform, formaldehyde, Laundry soil & stain removers hydrochloric acid, other acids) (including bleach) O Other products not listed which you feel may Spot removers & cleaning fluids be toxic or hazardous (please list): (dry cleaners) C1 L�V r ® Other cleaning solvents C-) Bug and tar removers i Household cleansers, oven cleaners White Copy- Health Department/ Canary Copy-Business i I 1 Y I114?•T••\•r'.y 1•....►..v•••••• �1 - • '� - r . ° 1 O i 1 S � • F-to Y 1 O Lk Y i ■ �1 • . r • e f � a■ 1 ,l. 1� � � i 1 °�. . ra r 1 1 4�y t o ■ � 1 • l 1 • i f 1 ► i e' ■ , ° ■ � 1 Y 9 • F •.........1• Ir M M • r 1 •,1. _ ► ; 1 ,q�yypp7�p��� 1 6_,iJrL`YY' 1 Y 1 • 1 1•'.V•'MM* 1 � x AV 1 1'• 1 I( 1 1 1 C� .Y 1\°7•►.r 1•■ 1 `� ••AVM.\'tiM1'�1'titi t .n�.�lV�\\�,yy�. 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