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HomeMy WebLinkAbout0000 ENGINE HOUSE ROAD (2) L%y�iJ�� I I ;1 \ �`''+ � � �. l i I' � � Ili I � I MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 665 AP y �gg5 W. HARWICH, MA. 02671 { TELEPHONE (508) 430-1900 i. TELEFAX.(508) 430-8662 April 18, 1995 Ralph Crossen, Building Commissioner Town Hall 367 Main Street Hyannis, MA. 02601 I i Re: Site Plan for Comfort Inn Hotel and Conference Center Route 132, Engine House Road, Hyannis Dear Mr. Crossen: I am writing to you as an update to my previous letter to you dated March 28, 1995 regarding this matter. (A copy of the 3/28/95 letter is attached for your convenience) I am pleased to report that discussions between my client and Mr. Bornstein have resulted in an agreement on Item 1. as set forth in my March 28, 1995 letter. Mr. Bornstein had already agreed to Item 3. Further, per- your suggestion, I have contacted Mr. Warren °I Rutherford, the Town Manager, and am pursuing with the Town Engineering Department a resolution to the one-way/two-way issue involving Engine House Road. By this letter I would request that you as the Building Commissioner formerly amend the site plan to indicate that Items 1. and 3 . in my March 28, 1995 letter, will in fact be part of the requirements of the site plan review and part of any requirement to obtain a certificate of compliance with respect to that site plan approval. I will timely update you on my efforts with respect to the status of Engine House Road upon reaching agreement on that issue. If you have any questions regarding this matter, please do not hesitate to contact me. I have under separate cover sent a copy of this letter to Attorney Patrick Butler, representing Mr. Bornstein, with whom I have communicated on these issues. As always, I appreciate your cooperation and assistance. Very truly yours, Michael MDF/djw CC: Mr. Mark Ellis Patrick Butler, Esquire c:\datakroselfi.1tr f MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 665 W.HARWICH, MA. 02671 TELEPHONE (508) 430-1900 </ TELEFAX (508) 430-8662 March 28, 1995 via fax and mail Ralph Crossen, Building Commissioner Town Hall E 367 Main St. Hyannis, MA. 02601 i Re: Site Plan for Comfort Inn Hotel and Conference Center Route 132, Engine House Road, Hyannis D _ear Mr. Crossen: As a follow-up to my meeting with you and my client Mr. Ellis regarding the above-referenced site plan, please be advised that we have met with Mr. Bornstein to discuss my clients' concerns. , I Further, my clients have had discussions with Mr. Edward Crowell the general site contractor, regarding this matter. As a result, I would ask on behalf of my clients, the Keveney Trust, the owners of the property, that 'the following changes Abe made to the site plan: 1. That the area that was shown on the plan as "existing i gravel parking" which was within the layout of Engine House Road, be restored to its former condition and a note be added to the plan of that effect. 2 . Rather than Engine House Road being changed from a two-way . to a one-way for its entire length, that it remain two-way up to the common boundary line between my client's property and the vacant lot owned by Mr. Bornstein fronting on Route 132 . This would permit traffic to come in Engine House Road and access the establishments owned by the Keveney Trust in the rear as it has been the custom of not only customers but delivery trucks for many years. Otherwise, all of these, including the trucks, would be forced to travel through the front entrance to the hotel which that portion of Engine House Road now appears to have been dedicated to. 3 . That the agreements previously made by Mr. Bornstein to _ I ' keep the access at the Westerly end of Engine House Road the same width- as it currently exists, rather than reducing same to 16, ( ; should also be noted on the plan. � ' Page 2 - Ltr. to Ralph Crossen - 3/28/95 It is my clients' understand?Ing that the paving for the parking lot is due to start within the week and, therefore, I would ask that these matters be considered forthwith by you and, if necessary, the site plan review team to determine their acceptability. It is obviously up to my clients and Mr. Bornstein as to how the gravel parking area which was removed bar the accents ,. is E; 't a i G s Y<:7rneL" state c rld divider be established between the layout of Engine House Road and Mr. Bornstein's parking lot. I made an attempt to see you a couple of times yesterday regarding this matter but given your busy schedule I was unable�;to contact you. I did, however, leave a portion of the site plan with Kathy Maloney, your secretary, reference to which willozake this letter more readable. As always, I appreciate your cooperation and assistance. Very tru y urs,/, `'Michael ord MDF/djw `> CC: Mr. Mark Ellis - a r 1 I t ' f I i PETER F... DI'ME'O.. A&SOC.IATES, I iTC: AllCHITECTS ENGINEERS 5.4 6 M A I N S'�R E-'E T... S T ON E H A M . M:A S S A C.H U;.S E T 7 S. 0 2 1 80 T E'L .. a.3 6 -,0 8 0 0 FAX a 3 6 :5 9 a-o August 7, 1995 ..: Building Department l Barnstable. Town Hall Hyannis:., MA 0.26,01 Attn: Ralph Crossen Building. Inspector RE: Comfort 'Inn .and Conference Center R-idgewood Avenue. .Hyannl&., MA Dear. Ralph The purpose of this letter ` is , to certify that., as of our :;latest,i_nspec.tion August. 3 , 1995 all work at .the above referenced project is substantially completed :and all work has been performed s`ubstantiall,y in conformance. with 'drawings . provided by this office and '.the Massachusetts State Building Code. Lf there; .are any questions regarding any of the above , please . do:,not hesitate -to contact this`.office . Sincerely, DIMEO . . OC.IATE,S,: INC.. Peter F D1 o A t : TOWN OF BARNSTABLE BUILDING DEPT. t1 AUGIrl t � MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW TOWN OF BARNSTABLE 72 MAIN STREET BUILDING DEPT. P. O. BOX 665 p 'AUG T (10� / W. HARWICH, MA. 02671 TELEPHONE (508) 430-1900 E C E li Q TELEFAX (508) 430-8662 u u August 4, 1995 Ralph Crossen, Building Commissioner Town Hall 367 Main Street Hyannis, MA. 02601 Re: Site Plan for Comfort Inn Hotel and Conference Center Route 132, Enginehouse Road, Hyannis Dear Mr. Crossen: _ I am writing to confirm our recent discussion regarding the above-captioned matter. Specifically, -I continue to bring to your attention the fact that Mr. Bornstein has failed to complete that portion of the site plan which requires him to restore Enginehouse_ woad to its original condition prior to commencement of his aenect:Tha restoration includes replacing gravel which was out of Enginehouse Road, ,which gravel must now be supported by the continued construction of a retaining wall. As you are aware from an inspection of the site, .only 100' of the retaining wall has been constructed where approximately 300' is necessary. . Further, in the area where the retaining wall is constructed, the fill that was placed to bring Enginehouse Road up to its previous - grade, is not the same blue stone material which existed prior to construction. The fill is soft and _not conducive to road use or parking. I refer you to my letters date March 28, 1995 and March 18, this matter as weii as subsequent correspondence 1995 regarding from Attorney Butler representing Mr. Bornstein. it is my understanding that Mr. Bornstein will not receive an occupancy permit for the remaining portions of the Comfort Inn and Conference Center until such time as this requirement of his site plan, the restoration of a town. road, is complete. This is a matter of great urgency to my clients as they have had to endure an entire spring and summer season without the benefit of the public way known as Enginehouse- Road, while Mr. Bornstein has proceeded with his construction and been able to occupy portions of the Comfort Inn. Page 2 - Ltr. to Ralph Crossen, Bldg. Commissioner- 8/4/94 My understanding is that Mr. Bornstein may be seeking an occupancy permit next week and it is my hope that you, as Building Commissioner, will see fit that this restriction is enforced. As always, I' appreciate your cooperation and. assistance. ;Very tr y yo s, ichae D. Ford MDF/djw CC: Mr. Mark Ellis Patrick Butler, Esquire # CAdata\elliscr.ltr P.,� :.. - MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 665 APR W. HARWICH, MA. 02671 TELEPHONE (508) 430-1900 TELEFAX (508) 430-8662 April 18, 1995 Ralph Crossen, Building Commissioner Town Hall 367 Main Street Hyannis, MA. 02601 Re: Site Plan for Comfort Inn Hotel and Conference Center Route 132, Engine House Road, Hyannis Dear Mr. Crossen: I am writing to you as an update to my previous letter to you dated March 28, 1995 regarding this matter. (A copy of the 3/28/95 letter is attached for your convenience) I am pleased to report �. that discussions between my client and Mr. Bornstein have resulted in an agreement on Item 1. as set forth in my March 28, 1995 letter. Mr. Bornstein had already agreed to Item 3. Further, per your suggestion, I' have contacted Mr. Warren Rutherford, the Town Manager, and am pursuing with the Town Engineering Department a resolution to the one-way/two-way issue involving Engine House Road. By this letter I would request that you as the Building Commissioner formerly amend the site plan to indicate that Items 1. and 3. in my March 28, 1995 letter, will in fact be part of the requirements of the site plan review and part of any requirement to obtain a certificate of compliance with respect to that site plan approval. I will timely update you on my efforts with respect to the status of Engine House Road upon reaching agreement on that issue. If you have any questions regarding this matter, please do not hesitate to contact me. I have under separate cover sent a copy of this letter to Attorney Patrick Butler, representing Mr. -Bornstein, II with whom I have communicated on. these issues. - As always; I appreciate your cooperation and assistance. - i i Very truly yours, Michael D. For / MDF/djw CC: Mr. Mark Ellis Patrick Butler, Esquire c:\datakroselli.ltr MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 665 W. HARWICH, MA. 02671 TELEPHONE (508) 430-1900 TELEFAX (508) 430-8662 March 28, 1995 via fax and mail Ralph Crossen, Building' Commissioner Town Hall 367 Main St. Hyannis, MA. 02601 Re: Site Plan for Comfort Inn Hotel and Conference Center Route 132, Engine House Road, Hyannis I Dear Mr. Crossen: - As a follow-up to my meeting with you and my client Mr. Ellis i regarding the above-referenced site plan, please be advised that we have met with Mr. Bornstein to discuss my clients' concerns. Further, my clients have had discussions with Mr. Edward Crowell the general site contractor, regarding this matter. As a result, I would ask on behalf of my clients, the Keveney Trust, the owners of the property, that the following changes*be made to the site plan: 1. That the area that was shown on the plan as "existing gravel parking" which was within the layout of Engine House Road, be restored to its former condition and a note be added to the plan of that effect. 2 . Rather than Engine House Road being changed from a two-way to a one-way for its entire length, that it remain two-way up to the common boundary line between my client's property and the vacant lot owned by Mr. Bornstein fronting on Route 132 . This would permit traffic to come in Engine House Road and access the establishments owned by the Keveney Trust in the rear as it has been the custom of not only customers but delivery trucks for many years. Otherwise, all of these, including the trucks, would be. forced to travel through the front entrance to the hotel which that portion of Engine House Road now appears to have been dedicated to. t 3 . That the agreements previously made by Mr.. Bornstein to keep the access at the Westerly end of- Engine House Road the same f , width as it currently exists, rather than reducing same to 16, I should also be noted on the plan. { i I r Page 2 - Ltr. to Ralph Crossen - 3/28/95 It is my clients, understanding that the paving for the parking lot is due to stat'within the week and, therefore, I would ask that these matters be considered forthwith by you and, if necessary, the site plan review team to determine their acceptability. It is obviously up to my clients and Mr. Bornstein as to how the gravel parking area which was removed by the agents ,, ` ` he ret u�. ed �cc its former state and some divider be established between the layout of Engine House Road and Mr. Bornstein's . parking lot.. I made an attempt to see you a couple of times yesterday regarding this matter but given your busy schedule I was unable,,;pto contact you. I did, however, leave a portion of the site plan with Kathy Maloney, your secretary, reference to which will=-make this letter more readable. As always, I appreciate your cooperation and assistance. Very tru y urs, ., Michael ord MDF/djw CC: Mr. Mark Ellis 1 i i r , Mark F. Ellis, Trustee P.O. Box 987 Sandwich, MA. 02563-0987 August 25, 1995 Mr. Ralph Crossen Building Commissioner Tom OF BARNSTABLE Town Hall BUILDING DEPI 367 Main Street Hyannis, MA. 02601 'AUG 2 ':1995 ECE0 L; Dear Mr. Crossen: As a follow-up to our telephone conversation _on_21 August and my letter of 23 August I visited the Enginehouse— , Road Road site on Friday 25 August to observe first hand the status of the restoration of the gravel parking area. During this visit I observed the following: 1 . Only a portion (approximately 1/3) of the 285 feet along the south side of Enginehouse Road has been returned to grade, filled with suitable hardener and a railroad tie wall erected to stabilize and maintain the road grade. A fence has been erected along this portion of the restoration, however, it has been erected .12 - 14 inches north of the railroad tie wall on the Town portion of Enginehouse Road. 2 . Four large concrete blocks have been placed further east, again in the Town layout of Enginehouse Road, which are blocking automobiles from parking upon previous gravel parking areas. The entire length of the remaining area to be restored to. grade and filled with hardener has not been touched. This includes a portion where the Comfort Inn has regraded, removed all previous hardening materials and replaced with loam, seeded and planted a tree. The positioning of the fence on the town owned portion of Enginehouse Road is contrary to what you stated had been discussed and agreed upon with Mr. Bornstein and his agent. It is not on the Comfort Inn property and attached to the wall . The placement of the fence 12 -14 inches onto the town �4 layout of Enginehouse Road, the placement of concrete barriers and the removal of gravel has significantly reduced the amount of gravel parking on Enginehouse Road that has existed for the past 30 years. It is now very obvious that Mr. .Bornstein, for what ever reasons, has his own concept and timetable for the compliance with the site plan and completion of this portion of the project. As I stated in my letter, this has been an ongoing problem since early April . I would like you to contact me at your earliest convenience so that we may discuss what steps must be taken to resolve this situation. Sincerely, Mark F. Ellis, Trustee CC: Mr. Michael D. Ford TUW14 OF BARNS<ABLE BUILDING DEPT. Mark F. Ellis, Trustee, '&UG 2 8 P.O. Box 987 Sandwich, MA. L� 02563-0987 August 23, 1995 Mr. Ralph Crossen Building Commissioner Town Hall 367 Main Street Hyannis, MA. 02601 Dear: Mr. Crossen: I am writing to confirm our telephone conversation on Monday 21 August regarding the restoration of the._gravel parking area located on the south side of -Enginehouse Road-`- as depicted in the Site Plan for the Comfort Inn Hotel and Conference Center Route 132 . As a result of our conversation it is now my understanding that you have discussed this situation with Mr. Bornstein and his agent who will be doing the restoration and that the following has been agreed to: a. The former gravel parking area will be restored to road grade from the edge of the existing pavement to the Comfort Inn property line. The gravel material used to bring the area to grade will be of like or suitable composition of previously used materials. - b. This restoration will extend 285 feet along the south side of Enginehouse Road being the portion of the road that runs parallel to the Trust property and was previously maintained as gravel parking. This area is also annotated on the Site Plan. c. Where required by grade differential between Engine House Road and the Comfort Inn parking lot, a suitable retaining barrier will be erected to stabilize and maintain the restored gravel parking area at road grade and prevent erosion from rain water and road run-off. d. Where required along the retaining barrier, again due to grade differential , a fence will be erected on Comfort Inn property and attached to the barrier that will protect automobiles and people from possible injury or damage. The completion of this portion of the Comfort Inn project to comply with the site plan has been promised by Mr. Bornstein and his attorney since April of this year and as of this date has still not been accomplished. The failure to complete the restoration of this portion of Enginehouse Road has caused great inconvenience to the Trust' s tenants throughout the busy summer season. I am asking that no further partial or final occupancy permits be granted to the Comfort Inn Hotel and Conference Center until this requirement of the site plan; the total restoration of Enginehouse Road, as agreed to and described above, has been completed. Your cooperation and assistance in this matter is greatly appreciated. If you have any questions please feel free to call me at 508-968-4047 at anytime. Sincerely, Mark F. Ellis, Trustee