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Home My WebLink About0034 CIRCUIT AVENUE (2) I d .v v V 3 A� ♦ V � t a r-- k r f 1\ ` t i' � € �; V\ , \� � � � y,, ^�` O 4 f Js _ �� — ` *THE Tp�'` o Town of$arnstabl Regulatory Service + BARNSTABLE, • 9 MASS. g Thomas F.Geiler,Dire 039. A�0 Building Division Tom Perry, CBO; Building Co 200 Main Street,Hyannis; www.town.barnstable. Office: 508-862-4038 Building Permit Procedure for Famill NEW APARTMENT OR EXISTING APARTMENT R ❑ Determine map and parcel number and enter it on app ❑ Plot plan or mortgage survey required for any addition. ❑ Historic District Commission,200 Main Street, approval construction/demolition for any properties located in a His • Old Kings Highway Historic District(north of tl • Hyannis Main Street Waterfront Historic Distr • Historic Preservation(if applicable). ❑ 5 sets of plans measuring 11"x 17",scaled 1/4"= V & t apartments. Plans must include a foundation, cross sectioi floor plan showing location of smoke detectors (located w of house and apartment(with smokes marked) require total square footage.of house and apartment. ** If using engineered lumber and/or structural steel,provide Approvals from the following departments are required and c ❑ Health Department(8:00—9:30 AM& 3:30—4:3 ❑ Conservation Department(if exterior work) (8:30 ❑ Tax Collector ❑ Building Per qigni VL v` G 7 7 9" Owe 66 ----------------- h � fi c�S eS i rar of Motor Vehicles �TMe r� The Town of Barnstable snnrrsrnei.E, • 1659MAM. Department of Health, Safety and Environmental Services '�FCMo�°i Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 30, 1999 Mr.Michael Becal 34 Circuit Ave. Hyannis,MA 02601 Re: 34 Circuit Avenue,Hyannis Dear Mr.Becal: Your plans submitted as a proposed modification to your building permit at 34 Circuit have been reviewed. We have made the following determinations: 1. You show a full kitchen in the basement plan despite the fact that the official approved plans are for only a bar sink. You will have to modify your plans accordingly. 2. Your newly submitted plan shows a Jacuzzi room instead of a storage room as on the approved plan. Please supply your intentions for this room. 3. Your newly submitted plan shows a wrap-around deck which was not approved on the current plans of record. Please make appropriate modifications to your plan to reflect what was approved. 4. Your proposed second floor plan shows a stairway to the attic. This was specifically not approved before and, I might add,you agreed to a drop-down stairway before. Please make appropriate modifications to your proposed plans to remove this stairway to the attic. 5. Your proposed plans show a set of stairs to the rear left bedroom. This was not approved before and it is not now. Please modify your plans accordingly. 6. Your proposed plan shows a third floor labeled"loft'with a fu1124' dormer. This was not approved before as zoning does not allow a fmished third level. The prior approved plan had a cut-in balcony from the unfinished attic. This is the limit of what anybody in Barnstable is allowed to do. You must remove this dormer completely and restore the attic to an unfinished area. You must also modify your plans accordingly. Your current"stop work"order will remain in effect until I personally approve otherwise. Please let us know what you intend to do. Sincerely, Ralph M.Crossen Building Commissioner Enclosure: Proposed modification plans g990830b r 02/0,9/2006 09:32 5087759781 ANN BECAL PAGE 01 VIA FAX: TIM: DATE: TO: .-ro m /r erf ' l U 1 FROM: e MESSAGE: cue�t, Farg" 1�4j �,�/fin//}+t �•� This facsimile contains privileged anal confidential information intended only for the use of the addressee(s) named above. If you are not the intended recipient of this facsimile,or the employee or agent responsible for delivering it to the intended recipient,you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error,please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. 'Thank you. r NO. OF PAGES'INCLUDING THIS COVER SHEET: (� L� c � � 1 a1J59,?bno 6?:;t, 5P57?5973. :fW FECAL 'rf.iE U`� Michael3.Becat MCttcrrit 4v HYada-MA. (MU, TL--P--Y,&W4.g.ca.-istdtmcr . 2W Stain St Iiyanrdf;IYfA. 02wi Phone 508-862-40's4 Fax 508-i90.6230 zlg706 Dear Tont, .ng time no teat;to,unforlunatety,emtY had aews when I get to speak with you.1 s n ac a you rem tw the ordeal:vc haid with Raipv,i russrtJ durny tiw reiw khng of otu house Our'ag the build[.a prore�vre had issue,:vnth Rya!was a m!dathesett:y^artroenY tv!rich W e n-vt&id With "Pa.'TO finally We us a final inspection Eller we gave up awr fight to a:aiwii£amq unit AM after agreeing",@rant-Pall ec m to teann"that we rerr,to it the.tower Walk,out,what was called the.basemeat,apartmant(please see attacked paperworltj baec is Marc.t,42?()0. &mdy ra wmt viatad hY a reprgsasxative 3iom y.ttr office by the ntarfe OfDr iREdsor,She seam f z miaow v'ievrrfg our proi:erty and then sett[trc the 4k4oscd letter dated Pebuar 6. '006 tvttere sbe indicates that sontebuw she sees thee basement as a two fantl,Ydvt wag. 1)There is only oar pawn meter to ota-single fffi*dwelling. 7)The terar'c hat:ftij av—w to tl'.r.house:i the s;a rn'a}'wTh ro toeka oc -he d tr. 3)1UM me ao laws mt the taVks that state the number of ietchens that are alhwmd in a sirude dwelling.The paperwork also indimtes it[vas allow,ad to cUy 4)Linda gives ao eetpiana;ion exceptfor the fact that she aiSned the jotter that states,.ve nr f;t prove thin in not a two ramiiy dwelling. We insin on Linda to g:e us.Mr if sl opinion vrtTj she fees it is a two family dwer=g. !will hfrther point oat ttrsr.we west inspwxd by the&te depantoreat as.weli as the buiiditfg depenftten, a,td all wind rxs and egresses met the Ere code atwo e21ts Gln tJ Flow Yht bareJucat bedrOUla 1l be habitable. 1 tfilnk wa bath know 1f there was arr,Way Ralph could dcm us cur gnul inspection az tl'�fir?It la',araltlft hate. As di?iatasrd with rte Ygsiding depattmsru pilot to yap l;esroadgg zta� cf+mttassioner.we have rho right t;f rent to three non family membev Ev a right in nr r j*Am n; district. Ike have always had a good wpiarrg relationshiP.uith you as an inspc,;tor arA conunism(incr. Yttn haee:11WBq's beer by the ha,k and[bar is wbwt I respe mast.about You and this is all my wife and I are asking for, Thank yeti for you're teooeravon in the above matter Beef jgi Town of Barnstable til Regulatory 1, f�t„�s 't'auaug esrry;tuiMiag Cafw:ffs>ooncr . 1if0 Myp 94rei,f±'�n�GS:(°2:�>t A'ewlswuLarnsubic.:w.�rs ' [;N.rre:SCv Sfil�?A Fola'uary 6,2(%tio P:ir.4;achaef and odi)3tca; 34(tifriit r ave. Ii3:in�isa V14 ue:I'Mz I A,am Nrl. 4 Cfr.ift Ftyatayix,?Ai.02W1 Mao 324 Pamei Sg Jeer Prnpert}•Jry r Qv records iadiutc dap your t ,sxa at fire ahwe-referenced!a:atintf is nnrxffly bang Wed as a m:.:}?t-tanliiy hmnz,w*lc':is r rattan:g� b"iolarart orirn. Se�atahla 7rmin.g Ofain"Dx8: ,an$unliar:ces is a misd�eamt, oat ict on f which r s f?t; c a c rinw Yau.nrlat oast*;t flds clxice witiarr I4 days to either. • �ppiy tit a bnitdit a permit to rest o+'it_prcPerf:•to a Rgply to:he F.:Xalav'ty t.a3raef • .-^love 4---this is a legrd two-family home 02/09/2006 09:34 5087759781 ANN BECAL PAGE 01 . I OF MASSACHUSETTS to be i i K I j� 1 w me, _ f y wyl 02/09/2000 09: 34 5087759781 ANN BECAL PASSE 02 of 34 of to SaiL4 o mcOW 11-cle Y3 J)roj".is Sh"'n 10V A pert pr Of llll�bje, hp_ftty ConfirM that I t*lgn 324 of the right I mq to utaize agreed to a ahove-nfe, undersmnai, th., P lamily dwelho t g. it i ray d,%, Hjpg may with Section 40 dree non-fa.1rly om, all ia Rc(-vtd&Acc W" that<vrtain 'Ol'toTOwxk-Tlce dated November,23' .19-08, by aw toemee,'v AW Ralph,Cmm�o. Pauick_M,, berm Aftw,&d. Toum of 133rMULW. a copy of tw- Ad 1998, COMIMONWTALTH OF MASSACHUSkM Ba=ablej 1998 lr persomuy -armedJODI Bp(, :U%Uwn=to he her rice act and de-.�d, b--fc;rc AL a4,d ar-'hwwlcdged the fovg"- mg NO MY C*Mmksfor C%Pizes; I _ 6210'�/2@a6 09:34 5087759781 ANN FECAL PAGE 03 r DR UP iad d"M 1 i 1 t as ffolie is A ,�of the e PR r to cot is W3CW aW WOW as 2g ap"twom + � 'athe b&-gmm which MfflaMlivhvx" - �0 ji*g .. had an b*00M.9. 8m ad to speak Cavbft Tzft us. .�. -- d Ind ,, VM& �the um IV I*d of �Y LPN 02/0912005 09:34 5087759731 ANN BECAL PAGE 04 f aacm rMoul, 8 A14D Lt3A.'C AARROmATXft Op a taaad� �r ;ntt MseUnited b`ttgr ea K91#k Street, wortet9terar , fft � tst aestter + }mod.Aced,aa 4xFi .dam •_. k. �k 1� Cr�a�zav �'�ete o Qg-Z Iile, ssacLxuset.tr tht I,-Me wZar quadAft rapplIsItu ': I83A a MBtai,g8 (Hy ilt�s table C sf Asen4 gt "&es¢ A«�:tt#�ttan £ G�tt$R � t dot:eOf Arn,51d '� d ., 17. mseeteb3� C�� %aet,, Est �d ►oak IS , e ,a 3 deeeri o .Od b�B ax+ '�S-y ag loves par,t$t,xltr7Egr boWded 4Md tt « � thettttaz eTky g aroxner of 1oY 3E#h; P£t! C�._arGx G Aw*non a� :S Thes5plk NOtti, 3jok 44t. n #. feet t'O t d�I_trfy , td(3 'U&r. bw said #130 , S3=a t3pft tt $ recl� ��stes&y° dlxecti bg �fa� 'a of feet b e ;�Ufq g t-es 3" Lat 1 r r 4 3,02,) 'fret to a paint at Ooid -plan, w ed o > er *•nkvicea t 0I403 feet: to �rsarth��d of 4w�r sawn, one tr cored ae t rM;- �Ciaeutt A� q• andit" pf �i rtta£g $: IY da.r=tim by said R9ktg' ay j bundred t,itut' ff.- by e line t'tvimg to rlae right %4thsba t .4 t Pain' zur,tieviatins. en Hard 91/I00 rv.1.91) 0.4 8.245 f sa�Id � r square fe+at af .may or Il'uG, eorBlit t:dP w Beit , tits ttaar Pr"_s su c - e tea wrentw AUg4-t 1, 1975 end r'Et.ar Wed � £Sie gra�ttor br TQrAcloeure d Deeds # Book J227 g8 ¢.t-s ter SA%rn9tab�.e CO=tr'w e$gstxy of ZII2. 2 r . ..... CWtAtTi1Oft►d®1$$q ;iL+3ff:iys' pp� ; r 02,109/2006 09:34 5087159181 ANN FECAL PAGE 05 i - -mun r . gffV Wk2Z9 ;kj fil- 1 Rrvrgrt,P aAnd Savi �9 9134 Vice �t�7�`in'1f dzy t' � �+� k'Gec.,�,,.�� a;� r� .!a fix qIffte +itc at +iape�r�Fl a. AT kQ qrF,5.Z 4ca Afar* g, fore; L � d ('.L- Cildroy, V F. 76 saFfasut ion s tobs da fl, Presi z : ce't -� 'vri dead 9f 74 y ff� 1 • i •1 1 Red 7 ' r ied° e5.a�aad e$cC lag As A&E o k.�__•, "r'�igo. e g ka.c�V we "tOtlMa "°h s.,@jo�gKRx .9 s ri°�4r 6 02/03i20061. 09:34 5087759791 ANN SECAL PAGE 06 _ o D ante of T ; d as a tr of C30s,rs Realty TM ass ts` ire �f tine P ay locaWdf at-34 Q, At Hama of. .,. i my capacity rmr—�Xj is 21SO Shown O Barnstuble Assft—,$- hcet 3:24, 3. e tle, tj M.e of caur 86 p f , i� ; t of�� two�. MUM- #ly i�o of ��y seat iEW ap ate�, Wng",a � , ow k=.Uf I vs .nT rlh tgow fuqdaec aw a full kiwh=., iM.S... � f .1 X=kndw of the �f a�i �ft� � � of �aiz� f#c: and 5, baw-anew.a,ea had a se M 090-ROM.znd able to be tw - sue four laAVIII-Ah. Uw aud for �1n� Uwe.r 3 ofL 199S. OOM 1,VVft 02/03/2006 09:34 5087759781 ANN BECAL PAGE 07 t for, e."q!-'Mvww!8c bf ftnw 1.i. ��iwrs F yayc�,arv£!Y'.,"' .. �+ .a „�'S�. Sy$fillt�v,}_,., 'a y *aA,¢ "�^utNrf�'8�Pam[�, C�EFN.ry ti Og3�tk wf Iz ang dats8. 3* wig gg se , e 7 ,' +:P�:.1'd'�U►. � � � J.— 'e'd �'' 1 r _ Cat � �•'.7 �C.t"-ftkd ^` r 5 Mx! Val ae � �—• eta crop - cc$sP r4 ..° a s9ee sf s l y sk' o � a.si 3 �C�� .� •„ It ce Sf��S Sze ;eat'£ . by 49W. ,��'� ..,�.4 � ' ram '. . oaf Dmft Sri !t 3&4 � � iri: cxbalu yt ' _ mind I'm St ; e -I'm_we-...3C 6 A,Tr�ra- o`e GSBa�xtin�R` K r,' �a*• .,e�,4,e-Sam.�&,kg:waya�.B®.6eRa(�1�Y6.u,,a,me:or,r d e�� 'd°`�oder'�ttczc x mn pp THE,p� Town of Barnstable Regulatory Services a''RNST^B nines. Thomas F.Geiler,Director v g �p i63q. ♦0 rFp,,,pgA Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 February 25 2007 Mr. John Mackin 12 Linda Avenue Brockton, MA 02401 Re: Illegal Apartment: 34 Circuit Avenue Hyannis, MA 02601 Map: 324 Parcel: 088 Our records indicate that your house at the above-referenced location is currently being used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. Sincer , Linda Edson Amnesty Zoning Enforcement Officer Building Department gforms:zoning3 r Bi: 21433 Ps66 64131 l ea-16—2006 a 11 2 05a QUITCLAIM DEED <vt�t 34 Circuit Avenue Hyannis(Barnstable),MA 02601 DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1,2003, MORGAN STANLEY DEAN WITTER CAPITAL 1 INC. TRUST 2003-NC3,whose address is c/o Litton Loan Servicing LP,4828 Loop Central Drive,Houston, TX 77081 For consideration of FOUR HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,000.00)paid, Grants to JOHN J. MACKIN, of 12 Linda Avenue,Brockton,MA 02401, With Quitclaim Covenants, The parcel of land with the buildings thereon, situated in Barnstable(Hyannis),Barnstable County,Massachusetts, described as follows: Being shown as Lot 129A on a plan entitled"Re-subdivision of Lots 129 Through 132 Land in Hyannis MA,Property of Arnold H. and Mary Rogean,"by Ed Kellogg, engineer, dated September 17, 1959, containing 8,245 square feet,more or less,which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 152,Page 81. Being the same premises conveyed to the grantor by a Foreclosure Deed dated September 12, 2005 and recorded with the Barnstable County Registry of Deeds at Book 20342,Page 113. Witness my hand and seal this_1L day of October,2006. DEUTSCHE BANK NATIONAL TRUST MASSACHUSETTS STATE EXCISE TAX COMPANY,AS TRUSTEE UNDER BARNSTABLE COUNTY REGISTRY OF DEEDS THE POOLING AND SERVICING Date: 10-16-2006 n 11:05an AGREEMENT DATED AS OF MARCH Cl 1T: 690 Doc': 64131 1,2003,MORGAN STANLEY DEAN Fee: $1?539.00 Cons: $4507000.00 WITTER CAPITAL 1 INC. TRUST 2003-NC3; By: Litton Loan Servicing, BARNSTABLE COUNTY EXCISE TAX LP its attorney-in-fact BARNSTABLE COUNTY REGISTRY OF' DEEDS Date: 10-16-2006 a 11:n5am Ctiv: 690 Doc': 64131 Fee: '$1P026.00 Cons: 4450ruoo.00 n2=U Liel By: S Bayley Title: Vice sident Duly Authorized LITTON LOAN SERVICING,LP ATTORNEY-IN-FACT {00094141.DOC} i Bk 21433 Pg 67 #64131 STATE OFT-e-�, a� COUNTY OF }��c.t On this b day of October, 2006, before me, the undersigned notary public, personally appeared Staoey*Bayley , who proved to me through satisfactory evidence of identification, which was a current document issued by a federal or state government agency bearing the photographic image of the individual's face and signature, to be the person whose . name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose, as Stacey Bayley of Litton Loan Servicing, LP, attorney-in-fact for Deutsche Bank National Trust Company, as Trustee under the Pooling And Servicing Agreement Dated as of March 1, 2003, Morgan Stanley Dean Witter Capital 1 Inc.Trust 2003-NC3. "Notary Public: My Commission Expires: Fe FR G. COLE Nolic State of Texas My commission Expires n7,.?3-?..or) {0009414l.DOC} BARNSTABLE REGISTRY OF DEEDS t 1/17/08 Reviewed 34 Circuit Ave (formerly Mike Becal's house) with new owner, John Mackin (508-269-7879). He claims LE advised him he is not eligible for Amnesty. He claims to live here yr now but is no longer interested in program. He indicated that he wants to keep kitchen sink downstairs and wants to obtain a permit to install a lower-level kitchen for his convenience when using the pool. He started an application to restore home to sf -noted on application that a plbg permit will be obtained to remove plbg and cap behind wall. He wants a letter from LE regarding the reasons for his denial to Amnesty. He did not submit the building permit application. After talking to LE on 1/18/08 I was reminded there was a fire here, the house was demolished and its illegal apartment , too. Therefore, the reconstruction did not allow for the replacement of the apartment as it was not legally created. 1/17/08 Reviewed 34 Circuit Ave (formerly Mike Becal's house)with new owner, John Mackin (508-269-7879). He claims LE advised him he is not eligible for Amnesty. He claims to live here yr now but is no longer interested in program. He indicated that he wants to keep kitchen sink downstairs and wants to obtain a permit to install a lower-level kitchen for his convenience when using the pool. He submitted application to restore home to sf - noted on application that a plbg permit will be obtained to remove plbg and cap behind wall. He wants a letter from LE regarding the reasons for his denial to Amnesty. 1 °FINE Tpk, Town of Barnstable ti Regulatory Services r r 9 BAR MASS. Thomas F.Geiler,Director �iOIED►9. �,0 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 April 12, 2007 Mr. John Mackin 34 Circut Avenue Hyannis, MA 02601 RE: Illegal Apartments: 34 Circut Avenue Hyannis, MA 02601 Map : 324 Parcel : 088 Dear Property Owner This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-11 You must contact this office by Apri130, 2007 to arrange to bring the above address into compliance or be subject to fines of no more than$300.00 per day of non-compliance. Thank you for your attention in this matter. By Order coda Edson Amnesty Zoning Enforcement Officer Building Department Q:zoning5 NAM,F,DR END- r ,.. BAR ` 6 332 TOWN OF ADDRESS OF O�FFENDE BARNSTABLE CIT ,S A ZIP CODE j DATE OF B TH OF OFFENOEER -Q Al 10 S �tNE►pw MV OPERAJOR LICENSE NUMBER MV7 B VEGWRATIOIfNUMBER enay.ixat.eg LU OFFEN 6yq. �OCD LU TIME A TE Q VIOLATIO L ATI N 0 IOLATI Z NOTICE OF M./ P .)0 20Ch r + ► / 15 SIGNATNR FEFIFORCI O�PE ,,SY� ENF C G"Q - AOGE NO. W VIOLATION OF TOWN ER, Y ACKNOWLE GE RE IPT OF CITATION XUj ORDINANCE Unable to obtain Si tDce• f er. rQ— C THE NONCRIMINAL FINE FOR THIS OFFENSE IS Date mailed *' w OR YOU HAVE THE FOLLOWING ALT NATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W REGULATION Q) (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, J Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a RR 2 Rau desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature 71 BAR7333 TOWN OF ADD}i FFEN BAR NSTABLE S A ,ZIP C°°~/ //J primp/� DATE9F B TH OF OF DE�i dFeI 1HE MV OPEAAT R LICENSE NUMBER MV/MB REGISTRATI9111 NUMBER r nnetiLJ ssai.t g 0 T E SE ,...— _ w..+.^ + a I - 3✓, . ��679•'�� Gam''"" /L° TIME AND DATE V LA 0 ..,LOCATION OF V TI NOTICE OF ^1 . rM F P:M.)0 e" "l ,20 ~ ` W SIGN �tE ORCINI�BEABON /'" EN I G D BAD t E NO. 1 W VIOLATION "__;.� �.. + _.� w OF TOWN 'I BY ACKNOWLE GE RECEIPT OF CITATION X a ORDINANCE unable to obtai ig our Of.oend t- 0 (1 THE.NONCRIMINAL FINE FOR THIS OFFENSE IS S" ' J Date mailed ul W OR YOU HAVE THE FOLLOWING A ERNAT VES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL CL 'DISPOSITION WITH NO RESULTING CRIMINAL.RECORD. w REGULATION Q (1)You may elect to pay the above fine,.either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, ty before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,ovby mailing a check,money.order or postal note to Barnstable Clerk,P. Box 2430, J 'Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OFTHIS NOTICE. C. R)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST ARNSTABLE DIVISION,COURTCOMPOUND,MAIN.STREET ARM ABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay.the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature C Clu' CI S-��S o2 9 - 7 g 7 � NEW COMMERCIAL BU ❑ Letter of Approval from Site Plan Review ❑ If located in OKH or Hyannis Historic District- C .required ❑ If sprinkler system or fire alarm system is required, do without prior approval from Fire Department (phone All sign offs ❑ Engineering ❑ Health ❑ Conservation ❑ Tax Collector ❑ Treasurer ❑ Planning ❑ If ZBA relief(Special Permit or Variance is required for ❑ Copy of ZBA Decision ❑ Documentation proving the decision was recorded at within one year of ZBA decision date. ❑ Correct square footage 1 Full Size & 1 reduced size stamped plan I °F�► Ta�,,ti Town of Barnstable Regulatory Services BARNSTALBi e Thomas F.Geiler,Director 9�A .s6gq rEn 39 6. Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 February 25 2007 Mr. John Mackin 12 Linda Avenue Brockton, MA 02401 Re: Illegal Apartment: 34 Circuit Avenue Hyannis, MA 02601 Map: 324 Parcel: 088 Our records indicate that your house at the above-referenced location is currently being used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal'record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this.is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. L Sincere , mda Edson Amnesty Zoning Enforcement Officer Building Departinent gforms:zoning3 JUN 15, 1193 10:43AM NUTTER, MCCLENNEN NO. 3335 P. NMER, McCLENNEN & FISH, LLP ATTORNEYS AT LAW ROUTE 132-1513 fYANNQUGH ROAD P.Q.BQX:630 HYANNIS,k'k5SACW$ETT$02601-1430 TELFXHOA'E:S08 790-5400 FACSIMILE;500 771.8079 DIRECT DIAL NUMBER (508) 790-5407 June 15, 1998 #22973-1 Ralph Crossen, Building Commissioner Town of Barnstable Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Re: 34 Circuit Avenue, Hyannis Dear Ralph: I am in receipt of a copy of your correspondence of June 11, 1998 to my client, Jodi Becal with reference to the above property. I am also in receipt of your memorandum of June 8, 1998 summarizing your inspection of that property the same day, Your correspondence of June 11, 1998 is in conformance with our telephone discussions of that date, with one exception, As I indicated to you it is imperative that any emergency actions taken at this time be without 2roLdkce to the claims I have made on behalf of current property owner regarding the non-conforming nature of the premises and the case that I am prepared to make regarding the downstairs apartment (i.e. two family structure). Further, any actions taken by my clients in conformance with your emergency order must be wWmf pLeiudice as to any defenses which we may raise in the current pending criminal action in the Barnstable District Court. Assuming that we are in agreement with the foregoing, my clients are prepared to conform with the order. We would request, however, on their behalf, that the deadline be extended from 12:00 noon on June 15, 1998 to 12:00 noon, June 16, 1998. In light of Mrs. Becal's current physical condition and the weather conditions over the past weekend, we believe this request is reasonable, Should you have any questions concerning the foregoing, please do not hesitate to contact me. In the event we are in agreement on the matters contained herein, kindly JU1'1 ;5. 908 i 0:43AV NTUITTER, MCCLENNEN NO, 3385 p 3 NUTTER, MCCLENNEN 8c FISH, LLP Ralph Crossen, Building Commissioner June 15, 1998 Page 2 countersign the enclosed copy of this correspondence and return it to me. Very truly yours, Patrick M, Butler PMB/cam. Received and agreed upon: 'RA 1ph Crossen, Building C� ssioner 469577`I.WP6 M TRANSMISSION VERIFICATION REPORT Ir TIME: 01/11/1995 23:39 NAME: FAX TEL DATE,TIME 01/11 23:38 FAX ND. /NAME 97718079 DURATION 00: 00:52 PAGE(S) 02 RESULT OK MODE STANDARD ECM f JUN. 15 993 i 0:42AM NATTER, MCCLENNEIN' NO, 3385 P, NUTTER, McCLENNEN c& FISH, LLP Route 132 - 1513 Zyannough Road P.O. Box 1630 Hyannis, KA 02601 Telephone: 506 790-5400 Fax: 508 771-8079 FACSIMILE MNSMI TAL SHEET Including this transmittal sheet, document consists of 3 pages .Date: June 15, 1998 Name: Ralph Crossen Facsimile No.: 790-6230 Flom: Patrick M. Butler, Esq. C.M.#: 22973-1 Comments: STATEMENT OF CONI~IDENTIALITY The documents included with this f acsirni.le transmittal sheet contain information from tfte law firm of Nutter,McCiennen & Dish, LLP which is cotifidential andior, privileged. This infortation is intended to be for the use of the addressee named on this tranitnittal sleet. If you are not the addressee, note that any disclosure, photocopy, distribution or use of:the contents of this faxed information is prohibited. If yov have received this facsimile in error,please notify us by telephone(coitvet)itrtmediately so that we can arrange for the retrieval of the original documents at no cost to your. ;371$48 l.V1�6 From: Ron Snider To:Monica Craft Date:98/06/11 Time:10:10:06 AM Page 2 of 4 RONALD L. SNIDER 33 CIRCUIT AVENUE HYANNIS, MASSACHUSETTS 02601 4 June 98 TOWN OF BARNSTABLE - Bullding Division Mr. Ralph Crossen Building Commissioner r 367 Main Street Hyannis, MA 02601 Dear Mr. Crossen I am writing you at this time regarding pending Issues, both criminal and zoning, relating to the property located at 34 Circuit Avenue, Hyannis which is owned by Ms. Jodi Becal. My interest in this matter centers on the fact that the property located directly across the street at 33 Circuit Ave- . nue has been owned and occupied by my family for over 25 years. As I am sure you are aware Ms. Becal, through her attorney Mr, Patrick Butler, requested a con tlnuance of the hearing before the Zoning Board of Appeals on her Appeal Number 1998-75 which had been scheduled for June 3. As you may also be aware over 25 abutters were present at that hearing to voice their opposition to this appeal. Many of these people came from great dis- tance and at great personal inconvenience to attend this very important neighborhood matter. Mr. Butler stated the reason for his requested continuance was that he believed resolution of a criminal matter relating to Ms. Becal's use of the property scheduled for June 12 "would satisfy the abutters concerns' (although he would not specify anything about the criminal proceedings, nor how any resolution would satisfy concerns from 25 people whom he had not yet heard, nor had any Interest In hearing, and whose collective voice he was attempting to silence by his con. trived legal maneuver). He further stated that once the criminal matter was resolved Ms. Becal'. would consider withdrawing her pending appeal, rendering any further discussion before the board at this time as moot. The Zoning Board of Appeals agreed and the matter continued until August 12 (effectively through the entire seasonl). Obviously, we all felt shut out and once again very angered by the blatant disregard Ms. Becal and her representative showed for the lives and -- rights of her neighbors. This contrived action on her part Is a perfect example of the problem we . have endured for over two yearsl Subsequent to the Zoning Board's decision to continue this appeal and shut down all current dis- cussion, 23 of the enraged abutters met privately with Gloria Rudman to determine a proper course of action. Much information was exchanged during this unified community effort and I wish to make my feelings known to you regarding statements that were made at this meeting. 1) It Is my belief that the pending criminal matter relates to the Illegal Installation and use of a second kitchen on the property. To the best of my knowledge there has never been an in-law liv- Ing at this address so any defense on that ground Is baseless. Further, since the day the Becal's took possession of this property and their Intended use as a boarding house became clear to the neighbors we have continuously and regularly, both individually and in consort petitioned town authorities Including the police, zoning commission, board of health, building commission, etc. to stop the Becal's continuing violation of numerous town ordinances relating to their use. The house is listed on the deed as a single family residence and the Becal's were pointedly and directly advised of this zoning limitation prior to their purchase. Any listing by an assessor show- ing the use of this building as a multifamily dwelling was the resul} of an assessor listing what he observed, not what was legally authorized by the town nor which had been assented to by the abutters. The property was In violation prior to that assessment, at the time It was first declared and It continues In violation to this day. Any "grandfathering In" of this property would be a gross misrepresentation of the facts and a direct abridgment of abutters' rights. p Y 9 rom:Ron Snider o:Monica Craft Date:98/06/11 Time:10:10:06 AM Page 3 of 4 2) The Becal's have run numerous business ventures from this property without proper authorization. Among them are a rooming house, a limousine service, a boat storage yard, and (we believe) a dog breeding business. Obviously, the neighborhood !s not zoned for any of these activities. While the town, through your good offices, has acted upon some of these illegal opera- tions, our concern Is that once the pending criminal matter Is resolved and the zoning appeal with- drawn the Becal's will once again resume their Illegal and unauthorized activities under some other guise. 3) The Becal's, In blatant disregard of their neighbors, have damaged and permitted vandal- ism on abutting properties. Included among these are the unauthorized cutting of trees and bushes on abutters land; permitting the use of illegal firearms and fireworks from their property; Firearms ermitt!ng.drunken and disorderly conduct from their property which resulted in the dischar ing of at neighboring properties, allowing rocks to be thrown through abutters' windows, g be thrown into the side of abutting houses, fences to be knocked down b vehicles darts to address, liquid foam Insulation to be sprayed omabutters' houses, liquor and ber bottles toked bethrown up against abutting houses, as well as loud and vulgar language coming from their prop- erty very late at night in this quiet family neighborhood. Evidence of all of these occurrences are a matter of police record. 4) The Becal's have defaced the front of the property which it is out of character with the rest of the neighborhood and Installed four flood lights to Illuminate the street In such a way that they shine Into neighbors' windows. They are using the setback area designated In front of the house to allow perpendicular parking of numerous vehicles including oversized commercial vans and trucks which narrows the street to an unsafe width. 5) We understand that the Becal's may decide to "return"the house to a single family resi- . dence and declare it a "Bed & Breakfast." While this declaration may not require any special zon- ing appeal, we believe that It Is Just a legal maneuver to achieve their stated desire to use the premises as a boarding house for up to six parties" (or perhaps more!), Inspections have revealed that apparently they have up to eight or more rooms available for sleeping. While the B&B ordinance might allow up to three guest parties per night, who Is to say that these parties are related and staying in the same room? Is it the neighbors' responsibility to peek into bedroom win- dows at night to determine if three parties of three are occupying three rooms or nine individuals are utilizing nine rooms? Based upon the Becal's disregard of town ordinances In the past, I , doubt very seriously that they would stay within them in the future. 6) Further, we do not believe that the property at 34 Circuit Avenue is In compliance with the statutes of the B&B Code. It does not have adequate parking (using the set back area for that purpose), the front of the building including the parking area does not closely resemble a single family dwelling, and the parked vehicles are not shielded adequately from the abutters. Vehicle access to their back yard Is achieved by driving on an abutters land. The facility Is unhealthydue to the accumulation of trash in and around the property. Further, the Becal's currently house three,very large adult rottwleler dogs (weighing over an estimated 90 pounds each which due to their size.and Inbred characteristics are potentially dangerous not only to potential guests" because the dogs are not isolated within the grounds, but to abutters and passersby as well "because the dogs are not properly restrained (the final barrier being a deck ralling only four feet off the ground which the dogs regularly climb upon to "challenge" anyone passing by the front of the house). Further the dogs are left free to roam within the house and property limits all the time defecating at will around the property, which refuse Is never cleaned. 7), I know personally that the Becal's intend to use the premises as they have in the past. On or about May 24 a brown van with Rhode Island plates and Hit Productions, written on the side stopped In front of my house and asked where 34 Circuit Avenue was. I pointed out the property; and they inquired as to whether the rented room s. I indicated that to my knowledge they had no authorization to operate a boarding house. They replied that they had been told rooms were avail From:Ron Snider To:Monica Craft Date:98/06/11 Time:10:10:06 AM Page 4 of 4 able and being offered for throughout the summer. I told them that there was a hearing scheduled for June 3 at 7:30 p.m. with the Zoning Board of Appeals to establish the authorized use for the house and that If they had any concerns they should attend. I did not see them at the hearing. But from this personal contact, it is apparent to me that the Becal's have a clear and unwavering agenda. And It Is not one which will stay within the limits Imposed by the decision of any court nor one which considers, even for the most fleeting moment, the concerns and rights of the neighbors. t. I am not an attorney, and therefore I am not well versed in the proper procedure surrounding a criminal proceeding. However, as one of many, I am obviously very concerned with the ultimate disposition of this matter. Accordingly, I request that you consider these points in the strongest possible light, that you make every attempt to make the court aware of them, as well as what has gone on in the past including the Becal's disregard for town ordinances and abutters' rights, and in some way to remove the gag from the voice of a united neighborhood. Of course If you have any questions please feel free to contact me at the address listed above by pphone locally at 771-5928, or my full time residence at 508/358-0090, or by fax at 508/358 0099. Until that time, thank you for your efforts In our,behalf, and for taking the time and interest to review my concerns. Kind Regards, EfAXTs'T_) COPY , Ronald Snider cc B. Smith, Town Attorney G. Rudman, Councilwomen J. Tinsley Town Manager l* M. Craft, bistrict Attorney's Office, Barnstable County r i .�r y ( y ✓. R 1 k 1' t 'r3. Ronald }*,+:..,`` 3,1 t ,..��, "��,.., ,4 t;t;. � fir,,..„3 �^ /1� re,{ :..s G: y� ^c ., -• .r� r't , +sue L M x .� r,�. h Y" .i.' %�. �. ".Lr"� "'1... �.>,�, �; ar. { t� �:#.� l.t •.6. , Circuit<Avenue .`f '> � 'a. '% ✓ A(. i' ,',�* S nE-i v y rv�%`'rtr (,`::� ''r'i. ''a ,./1 "r.- ".(, .w ' ✓'r}�",tyf � l y� i ,)Tt. �L7 �.. I F H,yanrns, Massachusetts 0260 I ( �: z ;� { ,,. - Y .��ry o Ov4ya,' - 't Y ' t - `-� a¢. - fit t t :x.y ry r i c i�r +`• 5-[' �� t� '� �; 'Yt"'? �:.. tSS rcy��'ry i't�� 5_'-,ya Ra" 2i��. ,� :. Ax. � �{ % TOWN OF BA r ~ ~; Building Division mr Ralph-Crossen r Building Commissioner•. {,err t y`�� } * f3 `✓ 5 367 Main Street , 1+ WX r'z, Hyan'nis,,IVIA 02601 RGENT Afi 1�� RONALD L'SNIDER , 33,CIRCUIT AVENUE �. HYANNIS,`MASSACHUSETTS , 0260Ir ; �. 4`June 98 TOWN OF,`BARNSTAKE f .•Building Division Mr. Ralph Crossen f , - Building Commissioner 367 Main:Street r Hyannis;,MA 02601 Dear Mr. Crossen _ 3 am writing you of this tiine.regarding.pending issues, both criminal and zoning, relating to the ° property„loeated,at"34."Circuit Avenue;"Hyannis which;Is owned by Ms. Jodi Becal My interest in,this•matter centers on.the-fact that the property located directly adrbss.the street at 33 Crrcuit Avenue has been owned and occupied by my'familyfor over 25 years As I;am.sure you are aware Ms Becai, through,her:attorney Mr. Patrick Butler,,'requested,a continuance,of the,hearing before the Zoning Board of'Appeals on her Appeal'Number'' 1998J5 which had been scheduled for'June & As,you-may also be aware"over 25 abutters were,presentat thathearing to voice their opposition to this appeal., Many of these'people came from great distance and at great personal inconvenience,to attend this "very important neighborhood matter Mr. Butler`stated the reason for his-requested continuance was"that he belreved'resolution of a criminal matter relating to Ms.Becal's use of the property scheduled,forjune 12.."would satisfy the abutters concerns";(.although:he would:not"specify anything about-the.cnminat =' proceedings,4 nor how any resolution'would,-satisfy concerns from 25 people.whom.he had not q„ , yet',heard; 66 had:any interest rn.hearing;and`whose cull"ectixe'yoice he was attempt rig to :. silence`by his-contrived-legal maneuver); j,He furthertstated`that'once the criminal matter was . resolved Ms. -Becal would"consider withdrawing her.pending'appeai; rendering any further "y discussion before the board at this time:as moot. The Zoning Board.of Appeals agreed'and v the;matter-continued until August 12 (effectively,throughahe entire seas ,1), 'Obviously,.we .: all felt-shut out and once again,very,angered,by the blataint-disregard Ms:-Becal,and her , representative-showed'for the:lives and rights of her neighbors :This contrived action on her art is a erfect exam le.of the" "roblem we have endured-for^over two, ears) i , P P p P, y v z Subsequent to the Zoning Board's decision`to continue this appeal nand shut down all'current..' discussion,•23 of the enraged abutters met privately with Gloria Rudmanao determine,.a proper course of action. Much information was,exchanged:during this"unified community effort P and l,wish.to make my,feelrngs known to you,regarding,'statements that were made at this meeting � '1) 1t is_.my belief that the pending crrrninal matter relates to the,illegal Installation,and use: T ruF of a second-kitchen on the property; To the best of_my knowledge there has',never been an ' I in law.living.at this address so any defense on that'ground,is,baseless. Further, since the day -the Becal's took`possession of.this property-and their intended use as a boarding.house:^ became clear to the neighbors,we have continuously`,' "regularly;.both Individually and in consort.peti,tion6d•town authorities-including.,tho ooIice, zoning commission;;board of health,`, building comms`sion, etc. to.stop"the BecaI'scontmuing-violation of numerous'town ordinances relating to.their use F The`house is listed on the.deed:as a'single,family residence and the B:ecal's were pointedly,and directly-advised-of-this-zoning limitation!prior,to their purchase: Any listing by an assessor showing the`use.of this building as "a:multifamily+dwell ng" was the result of:an:assessor listing what he observed not what was legally authorized' by the town,nor which had been assented to by the abutters The property was in violation s prior to that'assessment; at the time'it was first-declared; and•it continues rin,violation to this day. Any "grandfatheririg in" of this-property would be a`gross.misrepresentation-of the facts' : a and a direct abridgmentaof.abutter§',rights. 2) The Becal°s have,run numerous business ventures.from this property wnthout proper -authorization. Among them'are a rooming,house a limousine Service, a boat storage yard, , and;(we believe) a`dog'breeding`business: Obviously, the neighborhood.is.not zoned for any: of these activities. .While:the town, through your,goodaoffices,,has ace uponaome of these t r illegal operations,-our'concerr t that once the pending criminal`' er is resolved=and'the zoning appeal withdrawn the Becal's wilf once',agarn,resume el illegal and,unauthorized -activities under,some other guise ,3) The Becal'8, in.blatant';;disregard;.of their neighbors;`have:damaged and permitted ' vandalism on,abutting properties: .Included among these:are the unauthorized cutting of trees and bushes on abutters land;:permitting the.'use of:illegal firearms and,,fireworks from their property, permitting`dr"unken and disorderly.conduct.fro`m their•property which resulted in the discharging of firearms at neighboring properties, allowing;rocks`to be thrown through r` y abutters' windows,.darts to be_thrown into the�side of'abutting houses,,.fences to be knocked down by.vehiclesr.parked at their.address; liquid foam fisulation:to be sprayed onabutters' : ` t., ;houses, liquor and beer bottles to be.thrown:up against abutting houses,'as welC asrloud and r vulgar language,,.coming:from.their property very-late at night in this quiet family neighborhood: Evidence of all of these occurrences are a matter of police.record 4.) The Becal s have defaced the front of the property which-it is out.of character wifh the - rest of the neighborhood and:installed four flood.lights to illuminate the,streetr in such away, that they shin e,into.neighbors' windows =They are Using the "setback".area designated;in =front of the"house:to allow perpendiculer-parking of numerous vehicles includin oversized Y . g co' meecial'vans and trucks which narrows the-street to an unsafd*idth { 5) ` :We,understand that the Bei:al's may decide. 'return" the house to a singie family residence a*-d-de'clare it,a'"Bed &.Br'eakfast " `While this declaration may not require any -especial zoning appeal;we believe-'that.it`is just-'a legal maneuver to achieve:their,`stated desire t to useahe'prernises as "a boarding house for up-to siz parfes" (or per -to Inspec tions.have revealed i , apparenflythey have_up to eight:or more rooms.available:for `sleeping.A.while the B&B ordinance might allow up to,three'guest partiesTper night, who is to . 3 3S say that.these parties.•are reiated`and staying in:thesame,room? Is it_the neighbors' responsi= w,bility.to:peek into bedroom virindoviis at right to`determme:if three parties of#hree`are occupy= ng three rooms or nine individuals.'are utilizing'nine rooms? ;Based upon the Becal's t * .o! ih w disre'gard of.town ordinances in t,e`past;-.la doubt.very seriously'th6t,they would stay within , y 5` them in-the future., ; £` 4 V r . .. .6)' ' Further,.we,do not believe..that the pr6perty'at-,34 Circuit Avenue rs in compliance with -the statutes-of the l3&B•.Code.�a It does not have adequate'parking (using the setback area for that purpose),4h6 front of the building including the parking area does not'closely resemble-a r single-family dwelling;,,and'ths parked vehicles are,not,shielded adequately;from ihe:abutters: Vehicle access to their back yard is`achieved by driving on an abutter's land.. The;facility is unhealthydue,16' the accumulation:of,trash in and,'around the property. Further,'the Becal's currently house three M large adult rottwreler.dogs (weighing over an.estimated 90 pounds each) which due to'their size":and inbred characteristics,are potentially dangeroas not onlyrto Potential 'guest because the dogs are not.isolated within ahe-.grounds; but to abuttersand -: passersby.as well because.the.-dogs are,_not'properly restrained{the'final barrier b�erng�a deck: `.: railing only four.feet.off the ground which the dogs reg616riy climb upon to "challenge" anyone passing by the front of ttie house) Further the dogs are left free to roam vvithrn the house_and :. propertylimits all the time defecating at i i ll around,the property;whicn:refuse is never cleaned 7) , l know personally that',the Becal's,intend�fo use the-premises asthbyhavein the"past'. On or about May-24;a.brown van with Rhode'Isiand plates and'°Hit Productions"written on the side stopped in front of:my house and asked where 34 Circuit Avenue was:- l pointed out;the �^ property,'-,and they inquired as,to whether they rented rooms I indicated_that.to.my knowledge y p , - they,had no authorization•to o erate a boardrig,house. They replied�thatthey had.been told�, t` � _ ;.. rooms`were available,and being offered for throughout theaummer I told them Ghat there was a hearing scheduled for tune 3,at 7 30 p;m with the Zoning Board Of Appeals to,establish the, authorized use for the house and that if,they .had any.concerns they should attend: l'did not.,'` . ee.them at the hearing:' But from this:personal contact; it is apparent to me,;that the'BecaPs have a.clear and unwavering agenda. And it,is.notone whi"ch will stay, with in-the,limits r imposed by:the decision of any court nor-one which considers;;even for the most fleeting .'moment, the concerns and,rights of the:neighbors 'am,not an attorney,,and,therefore.1,am�not well versed inthe-proper procedure surrounding'a j criminal.proceeding: However, as one of'many; I amV_obviously very concerned-witfi the 1 . ultimate:disposition of'this matter Accordingly; l request,that you i—i6id4r.ihese points in theh - strongest possible light; that you,, riake-every attempt;to,make the court aware of,them; as well as:. at has gone on,rn the past induding-.the'Becal's disregard for town ordinances-and ?' abutters' rights;:and in some way to.remove the gag from the voice of a united neighborhood:{. Of course; if.you have any questions please feel free fo contact me atthe,address'listed. ` above, by.phone locally at 771 5923,.or my fulltime''residence at,,508%358-0090,:or by fax at 508/358-0099 Until that time; thank you=for your_efforts in:our behalf;;and#or taking the°time' a id.interest to,review my concerns: Kind Bards onald'Shider F; � Cc: B Smith, TownF Attorney, = n G Rudman, Councilwomen .. r EyA {',.r'p dt t. 1 '.. ;4 �,.,h S: i ,.. ti c;- ,' r5^ {- .• 'r _. x y ` 8 r,{." xr •, e alb! � ` e t ° \ ,rc Y ";ra c�""yY •^'rt x �` s r k e T } k r u_ r ' a FROM PdndSonic FRX SYSTEM PHONE NO. Jun. 04 1993 04:34PM P1 FAX COVER SHEET Date: June 4, 1996 Time: 4:10 p.m, To: Mr. Ralph Crossen BUILDING COMMISSIONER The Torn of Barnstable 367 Main Street Hyannis, MA 02601` Fax: 508-790-6230 From:Dr. Aste Lepinis 23 Watson Street Hyannis, MA 02601 Number of pages (including cover sheet) : 3 Confidential FROM : Panasonic FNX SYSTEM PHONE t-10. Jun. 04 1996 04:35PM P2 t Or.ASta Lepinis 23 Watson Street Hyannis,MA 02601 June 4, 1998 Mr. Ralph Crossen BUILDING COMMISSIONER The Town of Barnstable 357 Main Street Hyannis, MA 02601 Dear Mr. Crosson- Re: Jodi Becal, Appeal Number 1998-78, Town of Barnstable Zoning Board of Appeals, Notice of Public Hearing.Under The Zoning Ordinance for June 03, 1998. At least twenty four (24) persons came to this Hearing. We were surprised and disappointed to learn that the Hearing was to be continued until August 12, 1998, at the request of attorney Patrick Butler on the grounds that there were only four Zoning Board of Appeals members present and that there is a court case pending at which the matter might be resolved, to the satisfaction of the area residents. The date of continuance gives Becals free hand to continue on the present course of abuse of the neighborhood during the entire summer_ My house is situated at 23 Watson Street, immediately behind Becal's house on 34 Circuit Street. The Pettion by Becal claims incorrectly that the house is "one (1) multi- family dwelling,'. This house was always a one family house. There never was a permit to change it to multi-family. This area is a residential, one-family zone. It is not zoned for commercial rooming houses. FROM : Panasonic FqX SYSTEMF'HOhJE NO. Tun. 04 1998 04:35PM P3 C The property has very little land. There is no space for multiple parking. A similar pettion in this area by Vallas on Gosnold Street was denied by the ZBA on February 20, 1998_ Because of the Zoning Law, William and Florence Huspeth were told that they had to remove a second stove from their residence at 16 Watson Street. It is on these grounds that f object to the granting of permit for the establishment of a rooming house at 34 Circuit Avenus, Hyannis. Sincerely, RALPH CRQSSEN BUILDING COMMISSIONER TOWN OF BARNSTABLE 367 MAIN(STREET HYANrNIS,MASSACHUSE3TS 02601 DEAR MR.CRQSSEN; Last evening(June 3 we attended a proposed meeting set by the Zoning Board in regards to the Jodi Becal petition. There were approximately twenty five interested parties then~, We are relati►^ely newcomers to the village of Hyannis. We purchased the property at 14 Estey Avenue to be used as a summer residence for our growing family. It was very disturbing to hear the complaints of the nearby residents of the property in question,34 Circuit. Avenue. Unfortunately the meeting did not take place and we were led to a vacant room to discuss the Concerns that everyone had with our Councilor. I do hope that these concerns were passed on to you and town attorney Bob Smith. It just does not make sense to we that the zoning laws do not protect the neighborhood, Does the lot size which is under 113 of ant acre meet the laws that certainly must require such things as off street parking? Because it abuts a residence are not there more definite laws for an rooming house to follow such as landscaping etc? Are there parking requirements that must be follo►ved according to zoning laws.? Such as 2 parking spaces per dwelling unit for residence and then 6 additional spaces for lodgers. This makes 8 required parking spaces with a minimum of 1 Oft. wide by 20ft. in length. To learn that the property is presently operating as a rootning house is disturbing to us. And to see the lodgers vehicles all parked on the road is also another disturbing factor. All the neighbors have legitimate concerns that we feel the town must address in fairness to all. With concern Philip and Eileen Grin P.O.Box 155 Swansea,Massachusetts 02777 i �� V� �� I �. r _ ��._ -_ �- , .-�,,_.� .f� o� ri 1A tNgrABM sbsq.� 10� r 059 The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 8, 1998 Re: 34 Circuit Avenue, Hyannis To Whom It May Concern: Pursuant to a requested inspection at 34 Circuit Avenue by the owner's attorney, my electrical inspector, my plumbing inspector and I went through the house to try to determine uses and specifically the age of these uses. It was immediately apparent that the house is equipped with two full kitchens; one in the basement and one on the first floor. Other observations surfaced as well. First and foremost it is obvious that a lot of work has been done without permits inside this house. This work includes electrical, plumbing, insulation and of course the actual installation of the illegal apartment around 1983. From a zoning standpoint it is actually zoned for single-family use. There have never been any special permits or variances at this address; and therefore, from our perspective the use of that basement apartment by a second family is illegal. The State Zoning Act 40a says I am not allowed to seek the removal after 10 years of construction without a permit, but it says nothing about the use of that space. We are,therefore, only agreeable to not seek the removal of the unit in the basement; however, we will pursue the rooming house non-use as well as the two-family non-use. Historically this structure has been a thorn in our side as long as I have been the Building Commissioner(1994) in Barnstable. During the summer of 1994 the address was the site of a BIRST raid due to the illegal rental of rooms and an illegal kitchen. We have been pursuing compliance ever since then; however,many delays occurred along the way. Finally, we are close to a day of reckoning both in the court as well as the Zoning Board of appeals. g980608b Today's visit uncovered numerous other violations that amount to building code issues that are public safety concerns: 1. We found unsafe wiring in numerous areas including hanging wires from both switches and from overhead receptacles. 2. The hot water heater had no damper in the flue pipe. 3. No fire unit separation over boiler. 4. Two infant bedrooms with no emergency escape windows. 5. No GFI on basement kitchen counter. 6. Illegal waste and vent pipes in basement with sewer gasses leaking into apartment. 7. No smoke detector in one location. 8. Lack of any air intake for heating unit in basement which will cause oxygen shortage in winter. 9. Questionable hot tub wiring. 10. Unpermitted ejector pump 11. Questions regarding the lack of natural light and ventilation. 12. An overloaded electrical panel. The above concerns are so convincing to me that I feel I must act at the present time. The apartment in the basement having been constructed without permits is considered unsafe at this time. The owner and her family live in this basement with their infant. Mrs. Becal is also expecting another child in September. We are concerned that the health and safety of her and her child are at stake given the emission of sewer gasses and carbon monoxide into the apartment. The effect on the neighborhood has been extremely noticeable as well. Recently we had to order the removal of 13 boats from the yard; boats that are part of Mr. Becal's business. The yard has a chain link fence around it, and the owners have three large rotweilers that would scare anyone. The upstairs is currently being rented out to over five people. All five upstairs bedrooms were either occupied or locked during our visit. We talked to two tenants who admit to rentingrooms there. This results in 5-7 cars at a time on and off the property. Noise has been a common concern in the past.