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HomeMy WebLinkAbout0015 CHANNEL POINT ROAD ,� _. ,I � C�A���� �©� � ,, �� �, , �' 3� �� ���- � 2E � 3-1zi o l r._ ...�.--.�„a �� i 3 0 M r p i' r I L.� ���� olYj CLEA IrowN OF BARNSTABLE g PH 3 18 .Board of Appeals" Hyannis Harbor Tours, Inc: Deed duly recorded in ithe Property Owner County Registry of Deeds in Book Hyanni's HarbQ:r Tours, Inc. Page , R.egistry " Petitioner District of the Land Court Certificate No. ' Book Page 1981-05 April 7, 1981 Appeal No. FACTS and DECISION Petitioner Bann i s Harbor Tours , I nc. filed petition on ,Ian.Lwxy--K— 1981 , requesting a variance-permit for premises at :Channel_Ea.iat_RQ.ari 9YrU%Xin the village of Hy_ann i s _M�____ � adjoining premises of (see attached. 1 i st) for the purpose of Variance to allow construction , maintenance and use of pier extension at- Channel Point Road, Hyannis . Locus is presently zoned inrR . 2�� :Notice of this hearing was. given by mail, postage prepaid, to all persons deemed affected and Cod News �ape by publishing in C Ca a tab 1 e Pat riot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk, A public hearing by the Board of Appeals of the Town of Barnstable' was held at the Town Office Building, Hyannis, -Mass., at 7:3.Q XYY,?1' . i981 , upon said petition under zoning by-laws. f Present at the hearing were the following members: Richard L. Bpi Frank�P: �ong�Qp _ ___1_uke__L_La.11Y�. -~- .._._...�-�•.- Chairman - _.. ........... .-------- ....... .... • _ .- ._ .. _ .. -. .. ___ .....-.. ' At the conclusion of the hearing, the Board, took said petition under advisement. A view of the locus was had by the Board. Appeal No. 1981-05 Pale 2 of 3 .- On March 19 19 81 The Board of Appeals found Atty. Frank E. Green represented the petifoner .and explained the topographical plan filed with the application. A rendering of the finished project was also presented to the Board. The Barnstable Conservation Commission has approved this project which involves- dredging and filling and the Army Corps of Engineers has also given its approval to the work being done. The property involved in the petition is on Channel Point Rd. , Hyannis in a residence B zoning district. There is an existing pier. along the edge of the harbor abutting Ocean St. which is in the commercial zone and the petitioner would like to extend this pier along the edge of the land on Channel Point Rd. which is in the residential zone. The lot in ques"tion is long and narrow and unsuited to single-family residential use due to its shape and topography. Mr. Green said that it would be very .difficult to construct a dwelling on this land due to its sharp slope and it would be necessary to stabilize the bank which would involve the construction of retaining walls etc. This land does not meet the 70% contiguous upland requirement of the zoning by-laws and if the variance is granted for the pier extension, the remainder of the land not affected by the pier will be kept in its natural vegetated state. There would be no use made of this land for parking or structures of any kind and the petitioner would, in effect, be creating green space in a highly congested area of the town. Virginia Ray of 33 Channel Point Rd, , asked that this property be restricted to the use that the petitioner requests so that if, it is sold by Mr. Scudder, no structures , parking, billboards , etc, would be placed on the lot. Charles Leonard and Adolphe Richards spoke in favor of the petition and Mr, Leonard said that the Office of Community Development felt the petiti:oner's: proposal was in keeping with the .00D's overall plan for the .Btsmore Park area. Jim Bradbury spoke in favor of the pier extension. Joe DaLuz, Bldg. Comm,' for the town, indicated his support of this project to Mr. Scudder. No one spoke in objection to the petition and the Board took the matter under advisement.` The Board found that this lot has a shape which does not lend itself to re sonable use for the purpose for which it is zoned, i .e„- single-family,deveq�5�n�f� and in (continued) Clerk of the Town of Barnstable, Barnstable County, ?Massachusetts, hereby certify that twenty-one (21) days have elapsed since the Board of Appeals rendered its decision in the above-entitled petition and that no appeal of said decision has been .filed in the office of the Town Clerk. Signed and Sealed this Off_ day of 19 under the pains and penalties of perjury. Distribution Property Owner Town Clerk. 130ard of Appeals .Applicant Town of Ba ble Persons interested .. Building Inspector ' Public In5urmation BY Board of Appeals Chairman i BOARD OF APPEALS �O r aY Appeal No. 1981-05 a Page 3 of 3 •a addition , the"topographical features of this land and its non-compliance with the 70% contiguous upland requirement of the zoning by-laws ,. make it unique to the zoning districf in which it is located, ` Therefore, the Board found that this land meets the requirements of Sec, 10 of Chapter 6. , M. G.L. and Sec. Q. 2 Cc) of the town's zoning by-laws and voted unanimously to grant the petitioner a variance subject to the following restrictions :, 1 . The portion of_the locus which is not affected- by the pier extension as shown on the ,plan submitted with the filing, shall .remain undeveloped and shall be vegetated with spreading junipers or other suitable low growing shrubs, 2. There shall be no ingress or egress. to the pier extension from Channel Point Rd. by either pedestrian or vehicular traffic, THE FOLLOWING IS/ARE THE, BEST IMAGES FROMPOO-R QUALITY. ORIGINALS) 'I DATA , TION 6,s ct FOR S'TE PLAN ATE Subdivision Plan VIEW ,6 s ness Name: g annis Ha ANR Plan fine Cruises �- _ �,Inc. d/b/a � Site Plan Map# 326Pro e y Address�22p 0 l# 07 -� H annis APPLICANT -- Name: Same as Owner OWNER OF PROPERTY Address: Name: H annis Harbor Tours Address: 22 Channel Point Roil-� Telephone: Fax: Telephone annis MA 02601 Fax: �- AGENT/ATTORNEY Name: Jo Address: W'Ke,-me Es ARCHITECT/DEVELOPER/CO 1550 Falmouth Name: John O'Dea- Road Suite 12 Address: 7 Parker Road ullivanER Tele Hann,-s MA 02601 phone: 508-771-9300 Osterville 5 Fax: 508_ 029 MA 6265 775-6 Telephon 8_ e: 508-423344 Fax: ZONING STRICT - District CLASSIFICATIONS STORAGE TANKS Lot Area 0.61 Overlay(s ASMAT/FU Fire D' Acres ) Existing ,-strict Sq.Ft. Prop OIL Setbacks(ft H annis Ac. Number Front N/A Size Number -�� Side Above Ground Size I - Rear Underground Above--- Contents � . Under Number ofBuildin s Contend Existing - Demolition Proposed UTILITIES , TOTAL FLOOR AREA By Basement USE: - Sewer-X Public ❑private Residential .. Existin s Ft, P .Ft. osed T S . Water-X Public gal #of Bedrooms ro Private Restaurant Electric-X Aerial ❑ Under Retail grou Gas- ❑ Natural ❑Propane Office Grease Trap- ❑ Si Medical Office �A Size Commercial s "Sewage Daily Flow - g Wholesale (specify (specify) Institutional(specify) PARKING SPACES Industrial(specify) CURB All Other Uses " Required -� Gross Floor On Site Provided Existing Area "'---- On-Site N/A Proposed Off-Site To Close, s FIandicapped-_ Totals 'GP or 1W areas restrict was allons per acre per, tewater disc day into tew on-site s yste PLANNING&DeVELOPMENT APPLICATION FOR SITE PLAN REVIEW CONTINUED *GP or WP areas restrict wastewater discharge to 330 gallons per acre per day into on-site system. LOCATION: Business Name: Hyannis Harbor Tours,Inc,d/b/a Subdivision Plan Hy-Line Cruises ANR Plan Parcel Id.# 326-071-001 Site Plan Property Address: 40 Channel Point Road Hyannis,MA 02601 APPLICANT- Name: Same as Owner OWNER OF PROPERTY Address`. Name: Hyannis Harbor Tours,Inc. Address: 22 Channel Point Road Telephone; Hyannis,MA 02601 Fax: ` Telephone: Fax: AGENT/ATTORNEY Name:_ John W.Kenney,Esq. ARCHITECT/DEVELOPER/CONTRACTOR/ENGINEER Address: 1550 Falmouth Road, Suite 12 Name: John O'Dea—Sullivan En 'neering - Centerville,MA 02632 Address: 7 Parker Road Telephone: .508-771-9300 Osterville,MA 02655 Fax: 508-775-6029 Telephone: 508-428-3 344 Fax: ZONING DISTRICT CLASSIFICATIONS District RB/HD Overlay(s) AP STORAGE TANKS(HASMAT/FUEL OR WASTE OIL) Lot Area 0.61 acres Sq.Ft. Ac. Existing Proposed Fire District Number Number Setbacks(ft.) Size Size Front N/A Side Rear Above Ground Above Ground Underground Underground Number of Buildings Contents Contents Existing Proposed Demolition UTILITIES TOTAL FLOOR AREA BY USE: Sewer X Public El Private Size _ gal Basement Existin s .Fc. ro osed s .F[. Water-X Public ❑Private Residential #of Bedrooms Electric-X Aerial ❑Underground Restaurant Gas- ❑ Natural ❑Propane s Retail Office Grease Trap- ❑ Size gal Medical Office /A Sewage Daily Flow * gal Commercial(specify Wholesale(specify) PARKING SPACES CURB CUTS Institutional(specify) Required Existing Industrial(specify) Provided Proposed All Other Uses On Site On-Site N/A To Close Gross Floor Area Off-Site Totals Handicapped I Old King's Highway Regional Historic District File# Approved? ❑ Yes X No Hyannis Main Street Waterfront Historic District File# Approved? ❑ Yes X No Listed in National and/or State Register of Historic Places? ❑ Yes X No Previous Site Plan Review File# Approved? ❑ Yes ❑ No Previous Zoning Board of Appeals File# Approved? X Yes ❑ No Is the site located in a Flood Area(Section 3-5.1) X Yes ❑ No In Area of Critical Environmental,Concern? X Yes ❑ No Is the Project within 100' of Wetland Resource Area? X Yes ❑ No Site sketch-informal presentation X Yes ❑ No Site Plan prepared,wet stamped and signed by a Registered PE and/or P.LS. ❑ Yes X No Parking and Traffic Circulation Plan ❑ Yes X No Landscape Plan and Lighting Plan ❑ Yes X No Drainage.Plan with calculations and Utility Plan ❑ Yes X No Building Plans, (all floor plans,elevations and cross sections) ❑ Yes X No Note that all sil!na2e must be approved by Code Enforcement Office at the Building Department Lot area in sq.ft sq ft Total Building(s)footprint N/A sq. ft. Maximum Lot Coverage as%of Lot GROUND WATER PROTECTION OVERLAY DISCTICT REOUREMENTS: DISTRICT: AP Lot Coverage(%) Required Proposed Site Clearing(%)Required Proposed PRINCIPAL BUILDING ACCESSORY BUILDING(S) ❑ Yes ❑ No Number of floors Height: ft. Number of floors Height: ft. FLOOR AREA: FLOOR AREA: Basement sq.ft. Second sq. ft. Basement sq.ft. Second sq. ft. First sq.ft. Attic sq. ft. First sq. ft. Attic sq.ft. . Other(Specify) sq. ft. Please provide a brief narrative,of your proposed project:, Applicant is seeking to install an awning over the staging area where people line up to enter the ferries I assert that I have completed(or cau ed to be completed)this page and the Site Plan Review Application and that, to the best of my owledge,th �' rmation submitted here is true. ll /a- Signature ofA lic nt ate John W.Kenney,Esquire-'Attorney for Applicant Printed Name of Applicant it 12/6/2018 Barnstable Property Maps Op Search §vet a n "`O ,; � 1 i Tools 1 5 -s r Y Al qt Im II i, i i I II 3 ' F'1 _ h i L F t -�• ;� 8�. t 'X-t Sim _ f t s- .. g T d c �gb kF t � 4 /9� P Y�+s �Y`-11 6" C 6� Current Aerial (2014)' 404t https://gis.townofbarnstable.us/Html5Viewer/I ndex.html?viewer—propertymaps&run=FindPar6el&propertyl D=326070&mapparback=326070 111 r, ;e S 4; 1 �p O +•_ f]7 �5 - I J r u- sr r t , rT? - ', ;��+•+ F— r` L ,S„ Ill I c,-. � :' .�' ryy � .c... ,I t�.1 a •: i ;'"rn .:l.l '��,#:a t1 A�3.�§ ��<Ne�Zk 111 i ;s yr I�t i � e O^ i �. - �� E CM a i 11 FYIt4 2 }t, U. id } .t!t��.;Ed 7 n} t �l I¢YJ c, a !r n: .fl !hY IC Ay�i3F� `+t' It'f S�'.' ? 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('iI' G!k$••r.°�'t. tt%nrCo Ff:�. - 3 _ :Y,.. 4} � y� * .1 �;i .:9 g?; `i$'{;;i• 1 'di:-r�-••' ,max::,.pry: c: w� 3 h7 ,.�u -I�s�. z.,� ;y� �' .���,� .r. ..}:i%.�,ir•-,�.� !� yy c� xz CLI ENT-HY-U N E DATE OCT 1 , 20 PROJECT- STAGING LINE COVERAGE SCALE - _Sperry Fabric FABRIC FERRARI 502 or STAM 0002 DRAWING-SAW Architecture STYLE- .ARCHED CANOPIES REVISLON- I . I \�7 U n�� ����j Anderson, Robin From: Felicia Penn <jmh_frp@comcast.net> Sent: Tuesday, March 26, 2019 11:27 AM To: Florence, Brian ° Cc: Anderson, Robin Subject: Photos...uses of 15 Channel Point Rd I took this photo from my deck...this is 15 Channel Point Rd's driveway with a Hy-Line truck parked. Just FYI, where the truck is parked is legal driveway for the tenants @ 15 Channel Point Rd. However, where you see the small grey car and the navy SUV parked facing the Hy-Line pickup truck is illegal employee parking. These spaces and the spaces to the side of it are posted as tenant parking, but are the ones that are used for employee parking. These are the spaces-that are full in the day time and empty all night. As you can tell the driveway is empty in the day time and full at night These are the spaces that should be returned to their original condition, as part of the front yard of the house and not used for parking of any kind. When these spaces were under construction, my attorney and I walked over to speak w then about the uses of these spots. They lied to us and told us they were for tenant parking. Tenant's don't park here. Employees do. In photo 8: I took this photo from Daisy Hill Rd before they erected their fence. The blue car is an employee's car. It is parked in the"fake"tenant space @ 15 Channel Point Rd. These spaces should be eliminated and returned to their natural condition. � ,Y. �.;`is�C•�� -" ;� lit 1�� sr' �} _O' !�Y'�, r�'�a� l.�saz ^mot•+tom •� � : � .1 `' ,tom•' S✓• ,� 'v4 :` r 1 � s•< k { ; .�-- 5t lis�.r p('r � ��`.vi J .g�fr I�..f-».� -c ey`r ..,la*•�b.: 4YC;y r Ai�.r+ �p5.p�.lSRS ,T �'(e�*�'� �#�`i • .. 3'�,a�•py'� si'h we'�r .�7,9ttY�,N� a_1.`.. ..4F'�e''f� e-r#'$_`+.t;f• r .r;,wF. �!`k?�5�+-� }.Ta.. � , 1 .x On Mar 26, 2019, at 8:53 AM, Florence, Brian <Brian.Florence(a)town.barnstable.ma.us> wrote: Ms. Penn, Thank you for your email and patience... your request for service/complaint(RFS) was assigned to me. To be frank I have not gone to the site because of workload and the prioritization of our RFS. Our RFS are prioritized with life safety issues being our top priority regardless of the chronological order in which they are received. That does not mean that your RFS is not important to us as it is. Despite our workload and prioritization issues we haven't been completely idle on your case... we opened an investigation and I have had'a chance to communicate with Mr. Scudder. I attempted to understand his side of the story,unfortunately our discussion was in passing and because I did not have the address-with me.the results were inconclusive... With that said, Mr. Scudder is expecting to have a discussion with me on the issue. M.G.L. c. 40A § 7 provides that: ...I If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing,the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. While I as the zoning enforcement officer am required to notify you within 14 days of a"refusal to act" there is no provision or requirement for notification if we "intend to act". Further, there is no timeframe established 3 within the law in which we must take action. Notwithstanding the law please be advised that we fully intend to act on your request for enforcement. I will try to get out this week... any photographic evidence that you have would be helpful. If you have any questions please feel free to contact Robin or i. Regards; Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence(a)town.barnstable.ma.us -----Original Message----- From: Anderson, Robin Sent: Tuesday, March 26, 2019 7:59 AM To: Felicia Penn - Subject: RE: Report?? Hi Felicia, I'm sorry that the communication concerning the Channel Point matter seems to be stale. Let.me ask the commissioner this morning about.the status.arid how he wants to handle this. I can arrange fora meeting with you if necessary. Be advised that the commissioner has been out of the office and it's sometimes difficult for me to pin,him down. I promise I will get an answer from him today. Thank you for your patience. Robin Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 02601 508-862-4027 -----Original Message----- From: Felicia Penn [mailto.jmh_frp@comcast.net] Sent: Monday, March 25, 2019 4:41 PM To: Anderson, Robin Subject: Report?? Robin, I guess there's no report forthcoming. If the building commissioner prefers to meet in person,rather than create an official report,I am happy to do so. Please advise. ... 4 Sent from my Whone Felicia :) CAUTION:This email originated from outside of the Town of Barnstable!Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! Felicia R. Penn 508-771-3944 508-353-6331 15 Daisy Bluff Lane Hyannis, MA 02601 jmh fM(d1wmcast.net CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open' attachments or reply, unless you recognize the sender's email address and know the content is safe! �I 5 Anderson, Robin From: Felicia Penn,<jmh_frp@comcast.net> Sent: Tuesday;March 26; 2019 11,35 AM To: Florence, Brian Cc: Anderson, Robin Subject: Last photos... The top photo clearly shows the empty driveway where the actual tenants who live at.15'Channel Point Rd park when they are home, and it clearly shows employee.cars parked in the supposed."tenant"parking spaces during the day during working hours. They must think I'm stupid... The bottom photo shows yet another past use for the residential lot at 15 Channel Point Rd: parking tour buses...in the past. Just FYI to give you an idea of past:abuses. There are more abuses you could enforce,like the simple dictate on their special permit that says they need to surround 266 Channel Point with 10'.of landscaping to screen the parking from the neighbors, etc, etc. Was never done.,. f I would just be happy with residential property being used for residential purposes and curtailing the encroachment of commercial uses on the neighborhood. Thanks fp i `�,1 /.tea • � � iTt FI",.�* +i�t''[r.'i •u'�e. `sue r. '1 L'r��i� fr _ per.'@ 'r.>• > � �-i mY;��,: �,/ ! j #� a ma's • �\ t :. ,,,,,,...� .!\-'+twY,�-, �,. ...9.�jH�,p � t a .'1✓ 3R ye iio KEW L1. kR rd x AC FIt � "•' ,1[ ��. `fir• �•1�� �et `+ x i -ee V art :x��,� �s �R }.`b�`+1°+ ��.2•.� `, r �Pih1 �Y.`L 6ry' ;f'�'tE �f.��,� 1 �. �,,:+• =i � ''' ,� �. � =:�+,°a<'� _�,f Ott • � �, '� -� 70 gy�p`` i YP- _ � F:'tl�. 71+' , � `• ' Jj fy��y Y t f��-y* x Y f e '. r�sl �, ,t, ' '•ale'•���,dTl+'� ,. _ On Mar 26, 2019, at 8:53 AM, Florence, Brian <Brian.Florence(a)town.barnstable.ma.us> wrote: Ms. Penn; Thank you for your email and patience... your request for service/complaint(RFS) was assigned to me. To be frank I have not gone to the site because of workload and the prioritization of our RFS. Our RFS are prioritized with life safety issues being our top priority regardless of the chronological order in which they are received. That does not mean that your RFS is not important to us as it is. Despite our workload and prioritization issues we haven't been completely idle on your case... we opened an investigation and I.have had a chance to communicate with Mr. Scudder. I attempted to_understand his side of the story, unfortunately our discussion was in passing and because I did not have the address with me the results were inconclusive... With that said, Mr. Scudder is expecting to have a discussion with me on the issue. M.G.L. c. 40A § 7 provides that: ... If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board,declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. While I as the zoning enforcement officer am required to notify you within 14 days of a"refusal to act" there is no provision or requirement for notification if we "intend to act". Further, there is no timeframe established within the law in which we must take action. Notwithstanding the law please be advised that we fully intend to act on your request for enforcement. I will.try to get out this week... any photographic evidence that you have would be helpful. If you have any questions please feel free to contact Robin or I. Regards, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence(a)town.barnstable.ma.us -----Original Message---- From: Anderson, Robin Sent: Tuesday, March 26, 2019 7:59 AM To: Felicia Penn Subject: RE: Report?? r Hi Felicia, I'm sorry that the communication concerning the Channel Point matter seems to be stale. Let me ask the commissioner this morning about the status and how he wants,to handle this. I can arrange for a meeting with you if necessary. Be advised that the commissioner has been out of the office and it's sometimes difficult for me to pin him down..I promise I will get an answer from him today..Thank you for your patience. Robin - • 3 Robin C. Anderson Zoning Enforcement Officer 200 Main Street Hyannis, MA 02601 - 508-862-4027 -----Original Message----- From: Felicia Penn [mailto.jmh_frp@coriicast.net] Sent: Monday, March 25, 2019 4:41 PM To: Anderson, Robin Subject: Report?? Robin, I guess there's no report forthcoming. If the building commissioner prefers to meet in person, rather than create an official report, I am happy to do so. Please advise. ... Sent from my Whone Felicia :) CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! Felicia R. Penn - 508-771-3944 508-353-6331 15 Daisy Bluff Lane Hyannis, MA 02601 jmh frp(a�comcast.net CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 4 . - - � -- i � ��� C � � Anderson, Robin From: Felicia Penn <jmh_frp@comcast.net> Sent: Wednesday, March 27, 2019 7:14 AM To: Florence, Brian Cc: _ Anderson, Robin Subject: Photo Wednesday morning Attachments: IMG_1161.jpg; ATT00001.txt Taken @ 7:05, u can see grey Buick owned by tenant backed in in driveway. U can see VACANT supposed tenant spaces where employees park. I'll send u photo after tenants @ work and employee's cars in what is now vacant spaces for the entire work day...is there any more proof that.0 need that Hy-Line is using residential land for commercial use? Perhaps when u visit u can list license plate.numbers, makes/models and ask Murray who those cars belong to. If he says tenants. Ask where they live. Knock on doors — no one will b home because they belong to his employees who work @ 22 Channel Point Rd in his HC1 building.They are admin employees. CAUTION:This email originated from outside of the Town of Barnstable! bo not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! i 1 f ATT00001.txt Sent from my iPhone Felicia : ) f i Page 1 e� AM .� io — ' r • + r I Y, ;,m d-300 « t TEX i 1 1 + } 1• •iC } e9 _ "'aFdf a a y. Yi< lr*' d "' Ull 5 OWN ' ftw AR rA a `� a � �� A ■ � I I r �! rAli It yy ac fit. _ I MI ! E s' a� I i i. c e'W erg s'_ °�i���,.�•I��a. wo- IS ILK qr tit It I I 1 . r,oil Anderson Robin From: Florence, Brian Sent: Friday,September 21, 2018 8:25 AM „ To: Anderson, Robin Subject: FW: Excavator... Robin can you update the complaint with the attached? Thanks -Brian -----Original Message----- From: Felicia Penn [mailto:jmh_frp@comcast.net] Sent:Thursday,September 20, 2018 8:05 PM To: Florence, Brian Cc:Anderson,Robin Subject: Re: Excavator... Just to clarify,there were multiple complaints issued by me re'. 15'Channel Point Rd &23 Channel Point Rd. They include: commercial parking(employee)on residential property. (Both properties)Commercial use of basement of 23 Channel Point Rd and 15 Channel Point Rd. Both properties are residential in a residential zone. Note the new signs in front of 23 Channel Point which say"15 min parking". If this property was conforming to a . residential use, why would it say 15 min parking?? They used to say"No Parking". The driveway&basement of this property are now and have always been used for commercial use. Note: the spaces in question on 15 Channel Point Rd property have signs posted'that say Tenant Parking only. But that's not true. It's a lie. It's all a deception.The cars that park there are clearly employee parking.They show up between 8- 8:30 in the morning and they leave between 4-4:30.Spaces are empty all night. I can see people parking there &walking to work. I believe the person u probably spoke to was Marty DeMartino???? FYI: I have lived in my house since 1953. 1 have owned the house since 1979. My presence here pre-dates Hy-Line. Mr Scudder( Dick) used to b my bus driver in elementary school. I went to school w these guys. I have witnessed their zoning abuses over the years. I know firsthand of the use abuses of 23 Channel Point since they moved the house there from Nantucket St, because my (now) husband used to rent the property from them in the 80's. I thank u for looking into these issues. I'm sure it isn't easy, seeing who the property owners are...but that shouldn't matter. - I'm happy to meet w you if you think it's appropriate. r Sent from my Whone Felicia :)r >On Sep 20, 2018, at 4:57 PM, Florence, Brian<Brian.Florence@town.barnstable.ma.us>wrote: 1 is v > Hi Robin, > >Thanks for the reminder. I received a Request for Service (RFS)at this location on July 30...the chief complaint was, "Hy-line creating new employee parking area/ [complainant] Sees heavy equipment on site. I spoke with the former Hy-line operations manager(the name escapes me but I have it in my notes)who explained that they were installing a new fence and drainage which was the reason for the excavator on site. I closed that request for service as there is nothing to prohibit the owner from installing a fence or drainage and no permits are required. >There was a subsequent request for service on 8/17/18 in which there is now a concern about employee parking... Due to the volume of RFS's this summer I have not yet been to the site to investigate, I will try to go next week. As I understand the situation, I need to go to the site during daytime working hours when employees park at.the site. I_will update you further after my site visit. >Thanks, >-Brian >-----Original Message----- > From:Anderson, Robin >Sent:Tuesday, September 18, 2018 1:53 PM >To: Florence, Brian >Subject: FW: Excavator... > FYI: I think you should respond directly but l canianswer if you prefer. I will need an update first,though. >-----Original Message----- > From: Felicia Penn [mailto:jmh_frp@comcast.net] >Sent:Tuesday, September 18, 2018 1:16 PM >To:Anderson, Robin >Subject: Excavator... > Robin, >The excavator on the property at 15 Channel Point Rd was just removed >yesterday about 4 pm >Just FYI >Any report from Commissioner yet re: his findings?? >Thx >Sent from my Whone > Felicia :) 2 . Anderson; Robin From: Felicia Penn <jmh_frp@comcast.net> Sent: Thursday, September 20, 2018 8:05 PM To: Florence, Brian Cc: Anderson, Robin Subject: Re: Excavator ... Just to clarify,there were multiple complaints issued by me re: 15 Channel Point Rd &23 Channel Point Rd. They include: commercial parking (employee) on residential property. (Both properties) Commercial use of basement of 23 Channel Point Rd and 15 Channel Point Rd. Both properties are residential in a residential zone. Note the new signs in front of 23 Channel Point which say"15 min parking". If this property was conforming to a residential use, why would it say 15 min parking?? They used to say"No Parking". The driveway& basement of this property are now and have always been used for commercial use. Note: the spaces in question on 15 Channel Point Rd property have signs posted that say Tenant Parking only. But that's not true. It's a lie. It's all a deception.The cars that park there are clearly employee parking.They show up between 8- 8:30 in the morning and they leave between 4-4:30. Spaces are empty all night. I can see people parking there &walking to work. I believe the person u probably spoke to was Marty DeMartino???? FYI: I have lived in my house since 1953. 1 have owned the house since 1979. My presence here pre-dates Hy-Line. Mr Scudder( Dick) used to b my bus driver in elementary school. I went to school w these guys. I have witnessed their zoning abuses over the years. I know first hand of the use abuses of 23 Channel Point since they moved the house there from Nantucket St. because my(now) husband used to rent the property from them in the 80's. I thank u for looking into these issues. I'm sure it isn't easy,seeing who the property owners are...but that shouldn't matter. I'm happy to meet w you if you think it's appropriate. Sent from my.Whone Felicia :) >On Sep 20, 2018,at 4:57 PM, Florence, Brian<Brian.Florence@town.barnstable.ma.us>wrote: > Hi Robin, >Thanks for the reminder. I received a Request for Service (RFS) at this location on July 30...the chief complaint was, "Hy-line creating new employee parking area/ [complainant] Sees heavy equipment on site. I spoke with the former Hy-line operations manager(the-name escapes me but I have it in my notes)who explained that they were installing a new fence and drainage which was the reason for the excavator on site. I closed that request for service_ as there is nothing to prohibit the owner from installing a fence or drainage and no permits are required. >There was a subsequent request for service on 8/17/18 in which there is now a concern about employee parking... Due to the volume of RFS's this summer I have not yet been to the site to investigate, I will try to go next week. As l 1 - understand the situation, I need to go to the site during daytime working hours when employees park at the site. I will update you further after my site visit. > >Thanks, >-Brian >-----Original Message----- > From: Anderson, Robin >Sent:Tuesday, September 18, 20181:53 PM >To: Florence Brian >Subject: FW: Excavator... > FYI: I think you should respond directly but I can answer if you prefer. I will need an update first,though. > >-----Original Message----- > From: Felicia Penn [mailto:jmh_frp@comcast.net] >Sent:Tuesday, September 18, 2018 1:16 PM >To:Anderson, Robin >Subject: Excavator... > Robin, >The excavator on the property at 15 Channel Point Rd was just removed >yesterday about 4 pm >Just FYI >Any report from Commissioner yet re: his findings?? >Thx >Sent from my Whone > Felicia :) Date: July 30, 2018 To: Building File RE: Illegal Parking Lot-Extension Address: 15 Channel Point Rd, Hyannis Originator: Felicia Penn amh_frp@comcast.net) Complaint: Hy-Line creating new employee parking area/See heavy equipment on site. Enforcement Process Steps ® 1. Initiate local investigation: RA ® 2. Document/enter into system Yes 3. Contact 4. owner Hyannis Habor Tours, Inc 5. Seek access to subject property 6. Seek administrative warrant(if necessary) ? 7. Notify state authorities of findings NA ® 8. Document conclusion CLOSED 9. Referred Bldg./Bob/BC Property R326-140 Property is developed (1957)with a dwelling containing 4 bedrooms and 3 baths on 0.72 acres in the RB single family zoning district. Hyannis Harbor Tours, Inc. owns the abutting property(266 Ocean St— R345-043)which is used as a parking. 07/30/2018 Dispatched Bob. 8/17/2018 Caller subsequently identified 23 Channel Point; stated the Scudders have expanded their parking use into this residential lot. One lot used for parking has zoning relief,the abutting lot remains residential. The subject property is now fenced but caller reports that the vehicles are not there overnight but used only during the day making the use to appear to be employee parking rather than occupants of the dwelling. y Anderson, Robin To: Felicia Penn Subject: RE: Summary of 7.30-8.14.18 @ 15 Channel Point Rd Felicia, Thank you for providing that summary concerning the Channel Point property. I am attaching it to the original request for service you submitted at the end of July. I am also forwarding this information directly to the Building Commissioner for his consideration. I believe that this matter is best served by allowing the Commissioner an opportunity to perform a comprehensive review of the matter including the history you outlined. He is away this week but will certainly initiate a discussion with me upon his return. In my opinion,it is both critical and prudent for the Commissioner to see the site first hand in order to complete the investigation.I will make that recommendation to him during that anticipated discussion next week.In the meantime,if conditions change or there is activity that has not yet been addressed in your email,please let me know and I will include those nuisances as well. Thank you for your patience. Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 5o8-862-4027 From: Felicia Penn [mailto:jmh_frp@comcast.net] Sent: Tuesday, August 14, 2018 3:28 PM To: Anderson, Robin Subject: Summary of 7.30 -8.14.18 @ 15 Channel Point Rd Robin, Thanks for talking my call today. Since I contacted the building office, I thought I would give you an update on the property @ 15 Channel Point Rd: 1. They brought in a bobcat w an auger and finally drilled post holes and erected a fence on the property line next to Old Harbor Rd/Daisy Hill Rd. 2. The excavator's engine was repaired and from what I can gather, they used it to install some kind of drainage system in the right of way that extends from 15 Channel Point to 23 Channel Point and the back side of 242 Ocean Street 3. The excavator is still on the property. 4. The parking spaces marked as tenant parking along the right of way are still being used for employee parking. I understand from our conversation today that you dispatched an inspector to this location on or about the day of my request and that the inspector was informed by a Hy-Line employee that the spaces are not used for employee parking. If these spaces are not used for employee parking, then why are they full during working hours, and empty during non working hours, including weekends? Anderson, Robin From: Felicia Penn <jmh_frp@comcast.net> Sent: Tuesday, August 14, 2018 3:28 PM To: Anderson, Robin Subject: Summary of 7.30-8.14.18 @ 15 Channel Point Rd Robin, Thanks for talking my call today. Since I contacted the building office, I thought I would give you an update on the property @ 15 Channel Point Rd: 1. They brought in a bobcat w an auger and finally drilled post holes and erected a fence on the property line next to Old Harbor Rd/Daisy Hill Rd. 2. The-excavator's engine was repaired and from what I can gather,they used it to install some kind of drainage system in the right of way that extends from 15 Channel Point to 23 Channel Point and the back side of 242 Ocean Street 3. The excavator is still on the property. 4. The parking spaces marked as tenant parking along the right of way are still being used for employee parking. I understand from our conversation today that you dispatched an inspector to this location on or about the day of my request and that the inspector was informed by a Hy-Line employee that the spaces are not used for employee parking. If these spaces are not used for employee parking,then why are they full during working hours, and empty during non working hours, including weekends? It is my fault that I have not reported this to your office sooner. My lack of action has caused me to enable this situation to exist. Not sure what next steps might be to assure that this residential property,which has no special permits on it to allow employee parking is never used for this purpose ever again. Please advise. Here's a little history for you: I have lived in my house since 1953. I bought it from my parents in 1979. That's about the same year that the owners of Hy-Line bought 15 & 23 Channel Point Rd. [23 Channel Point never had a house on it, until Hy-Line moved a house from Nantucket Street to this property so they could park cars on Nantucket St] Shortly thereafter,they started to park cars for Hy-Line at 15 Channel Point Rd, with no permit. I complained to the town, and they stopped parking cars here...eventually. Since that time, they tried to rezone the property and were denied this action. The basement and driveway of 23 Channel Point (zoned residential) are used for commercial Hy-Line use. For a very long time,they used 23 Channel Point Rd for office space for Hy-Line. It was just a few years ago when they buried the wastewater holding tank in front of 22 Channel Point Rd that they directed the excavator from this project over to 15 ChannelPoint Rd to carve out extra parking for their employees.. They are constantly pushing the envelope. To summarize: there are illegalemployee parking spaces on 15 Channel Point Rd and The basement of 15 Channel Point is'used for commercial uses for Hy-Line. The basement of 23,Channel Point is used for commercial uses for Hy-Line The driveway of 23 Channel Point is used for commercial uses for Hy-Line Thank you for your attention to these matters. I realize that there's not much you can do when an inspector is lied to on-site. They've lied to me, too. Look.forward to hearing about next steps. 1 i Anderson, Robin From: Felicia Penn <jmh_frp@comcast.net> Sent: Tuesday, August 14, 2018 3:28 PM To: Anderson, Robin Subject: Summary of 7.30-8.14.18 @ 15 Channel Point Rd Robin, Thanks for talking my call today. Since I contacted the building office, I thought I would give you an update on the property @ 15 Channel Point Rd: 1. They brought in a bobcat w an auger and finally drilled post holes and erected a fence on the property line next to Old Harbor Rd/Daisy Hill Rd. 2. The excavator's engine was repaired and from what I can gather,they used it to install some kind of drainage system in the right of way that extends from 15 Channel Point to 23 Channel Point and the back side of 242 Ocean Street 3. The excavator is still on the property. 4. The parking spaces marked as tenant parking along the right of way are still being used for employee parking. I understand from our conversation today that you dispatched an inspector to this location on or about the day of my request and that the inspector was informed by a Hy-Line employee that the spaces are not used for employee parking. If these spaces are not used for employee parking,then why are they full during working hours, and empty during non working hours, including weekends? It is my fault that I have not reported this to your office sooner. My lack of action has caused me to enable this situation to exist. Not sure what next steps might be to assure that this residential property, which has no special permits on it to allow employee parking is never used for this purpose ever again. Please advise. Here's a little history for you: I have lived in my house since 1953. I bought it from my parents in 1979. That's about the same year that the owners of Hy-Line bought 15 & 23 Channel Point Rd. [23 Channel Point never had a house on it, until Hy-Line moved a house from Nantucket Street to this property so they could park cars on Nantucket St] Shortly thereafter,they started to park cars for Hy-Line at 15 Channel Point Rd, with no permit. I complained to the town, and they stopped parking cars here...eventually. Since that time, they tried to rezone the property and were denied this action. The basement and driveway of 23 Channel Point (zoned residential) are used for commercial Hy-Line use. For a very long time,they used 23 Channel Point Rd for office space for Hy-Line. It was just a few years ago when they buried the wastewater holding tank in front of 22 Channel Point Rd that they directed the excavator from this project over to 15 ChannelPoint Rd to carve out extra parking for their employees. They are constantly pushing the envelope. To summarize: there are illegal employee parking spaces on 15 Channel Point Rd and The basement of 15 Channel Point is used for commercial uses for Hy-Line. The basement of 23 Channel Point is used for commercial uses for Hy-Line The driveway of 23 Channel Point is used for commercial uses for Hy-Line Thank you for your attention to these matters. I realize that there's not much you can do when an inspector is lied to.on-site.. They've lied to me, too. Look forward to hearing about next steps. ' -1 Felicia R. Penn 508-771-3944 508-353-6331 15 Daisy Bluff Lane Hyannis, MA 02601 jmh frp@comcast.net Begin forwarded message: From: "Florence, Brian" <Brian.FlorenceCD_town.barnstable.ma.us> Subject: RE: Would you consider checking into this? Date: July 30, 2018 at 4:54:27 PM EDT To: 'Felicia Penn' <jmh frp _com cast.net> Cc: "Anderson, Robin" <Robin.Anderson(a�-town.barnstable.ma.us> Ms. Penn, Thank you for your email. We have entered your request for zoning enforcement into our code compliance system for processing. M.G.L. c.40A§7 provides that: ... !f the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the some and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. While the "officer or board" is required to notify you within 14 days of their"refusal to act" there is no provision or requirement for notification otherwise. Therefore, please be advised that we intend to act on your request for enforcement and have already had someone out to the site today to investigate. There will be no further notification or updates forthcoming but you may feel free to check in with Robin Anderson after two weeks to inquire as to the status of your request at the number below. Regards, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: Felicia Penn [mailto:imh frpOcomcast.net] Sent: Monday, July 30, 2018 8:46 AM To: Florence, Brian Subject: Would you consider checking into this? Hello, 2 Felicia R. Penn 508-771-3944 508-353-6331 15 Daisy Bluff Lane Hyannis, MA 02601 jmh frpgcomcast.net Begin forwarded message: From: "Florence, Brian" <Brian.Florence(aD-town.barnstable.ma.us> Subject: RE: Would you consider checking into this? Date: July 30, 2018 at 4:54:27 PM EDT To: 'Felicia Penn' <jmh frp _comcast.net> Cc: "Anderson, Robin" <Robin.Anderson(cD-town.barnstable.ma.us> Ms. Penn, Thank you for your email. We have entered your request for zoning enforcement into our code compliance system for processing. M.G.L. c. 40A§7 provides that: If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. While the "officer or board" is,required to notify you within 14 days of their"refusal to act"there is no provision or requirement for notification otherwise. Therefore, please be advised that we intend to act on your request for enforcement and have already had someone out to the site today to investigate. There will be no further notification or updates forthcoming but you may feel free to check in with Robin Anderson after two weeks to inquire as to the status of your request at the number below. Regards, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: Felicia Penn [mailto:jmh frp(?bcomcast.net] Sent: Monday, July 30, 2018 8:46 AM To: Florence, Brian Subject:Would you consider checking into this? Hello, 2 r I took the attached pictures over the past few days on the property at 15 Channel Point Rd... (I am a neighbor) The reason I took them is that the last time an excavator like this was on this property, it carved out 4-6"tenant" parking spaces. Truth is, these spaces are used for Hy-Line employee parking, which is a commercial use, and illegal on this property. (when I confronted Hy-Line property management, Marty Demartino, about the new parking spaces, with my attorney present, they out and out lied to me and told me these were for tenant parking, and that they were going to put signs up and have the tenants have permits. It's all BS) The lot is zoned residential. Always has been. The reason I know it is used for employee parking is because the spaces are occupied between 8 a.m. and 5-ish p.m. and they are empty all night. Also I have seen employees arrive in the morning and walk to Hy-Line HQ w briefcases, lunch bags, coffee, etc in hand. Hy-Line did tear the fence down that borders Daisy Hill and Old Harbor Rd, and it appears they are going to replace it w new fencing. However, a machine this large appears to be overkill for installing a fenced fear they are planning to carve out more commercial employee parking spaces and then install a fence so no one can see it. Didn't know if you or someone from your office might consider a visit to see what's going on. Most appreciated. Felicia R. Penn 508-771-3944 508-353-6331 15 Daisy Bluff Lane Hyannis, MA 02601 jmh frp a,comcast.net NOTE: Where the blue car is parked in the attached photo is illegal commercial employee parking. ' 3 f I took the attached pictures over the past few days on the property at 15 Channel Point Rd... (I am a neighbor) The reason I took them is that the last time an excavator like this was on this property, it carved out 4-6 "tenant" parking spaces. Truth is, these spaces are used for Hy-Line employee parking, which is a commercial use, and illegal on this property. (when I confronted Hy-Line property management, Marty Demartino, about the new parking spaces, with my attorney present,they out and out lied to me and told me these were for tenant parking, and that they were going to put signs up and have the tenants have permits. It's all BS) The lot is zoned residential. Always has been. The reason I know it is used for employee parking is because the spaces are occupied between 8 a.m. and 5-ish p.m. and they are empty all night. Also I have seen employees arrive in the morning and walk to Hy-Line HQ w briefcases, lunch bags, coffee, etc in hand. 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