The URL can be used to link to this page

Home My WebLink About0016 IYANNOUGH ROAD/RTE 28 L4 , ff �� 1 . � i � � / - � � � �, l . , ujaJ- �oo� I d 7xi 17— �Iie'' �� - - _ � ._._--, �_ _ - __ r ) 6/ 714, 1 n s bc— U } 343— 6 1 . o y f��v,-,<t, f- 1- / C'� r_ �_ _ ,�, � . ' - , � �, V4 ' SENT BY:FINANCE 1-29-96 :. 7:27AM ;SUN LIFE CANADA LI.S.-4 1 508 790 6230:# 3/ 4 4A.r ♦rr J ..rav Assessor's Office(lot Qoor) Map J Taraat b Pest I /a 9 1-2a Coaaetvatima Office(4tb floor)(8,30.9:3011:00-a:oo) Date Iss d / - 2 99 131aMtd at)Fleal!!t(9ard Hoot)(9;15-930/1 a>a-4:45) Fee _ ,�G�d• 4� , ` Eogiaeering Dept.Ord floor) House N Fisa itrg Dept.(let floor/Uhoo1 Admiu.Bldg,) 1 Detittiitl tto—kVmed by Planning Hoard 'OWN OF EARNSTA$LE i ; BnlldittR li!'ett�m�t ApplicetUon � ', PrAst�w L__tee ate, (Svn. Aou or : , Mari _....._.r.._...Addtetis 22.10L Ln_Dcdbprn "A 020640 We*oe (fill 'yz g o1 , -Plermit Request 'Qermh h Dn fxyrri1l� ,d,Q �.r_iAhur Floor ,�.__. square feet Second Flom _ ar. square fact Estimated Project Corot $ ZcM%District Flood Plain Water Protection Lot Size GrandfaUxrcd? Zoning Board of Appeals Authorization Recorded emeat Use„( lmd.0no C LA I IY.A ..........�..— Pnqoaed Use Cortstrlactic a Typo -_ Comrnrnardel. V..�._._,.. Residential Dwelling lype; Single Family _- IWO,Fetidly Mulli-Family Ago of L*dng Stmcturc LA n..1\j '�2" _ _ Basement Type: Finished .Historic Howe fl 0... Utd9lnlahmd Old Kiag's Hlglawa►y_......... .Number of Baths�� No.of Bedrooms 'Mal Room Count(not ineludiag bulb*) ^� _First Flour Hest 1*And Fuel Centtn d Air Fireplaces fiatrae: Deft&ed Odker Deh chW Sttuclufest Peal ' Attau:hod Barite Nano Sheds Other . Builder lafousam Nama�Q iii�.CCaCta Telep>bane Nwmbcc Lot 1 1 Q ear; w- AddrO"uw.Xl( Licbaass it . 02-17F)16 Def yn M1 6mzij ---`---Homo Improvomeat Camnctar# Worker's Compensation NEW CON8r L CnONI OR ADDITIONS REQUIRE A S1T13MAN(AS STw1[LT)SNOWIM EXISTING0 AS WELLAS PROPOM STRUCUIRM ON THE LOT ALL CONSTRUG PION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO r_ . s BUILDING PERMIT DENWD FOR THE FOLLOWING REASONS) -� TOWN OF BARNSTABLE BUILDING ERMIT PARCEL ID 843 0.16 GEOBASE ID 24979 ADDRESS 1.6 ROUTE 28 PHONE Hyannis ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY i ERc4IT 12972 DESCRIPTION RESTAURANT DEMOLITION PRPd11T TYPE BDN'MO TITLE' DEMOLITION PERMIT CONTRACTORS: G'OCC COFST'rRUCTION Department of Health, Safety A RC 1II7TEC'",S: and Environmental Services TOTAL FEES: $1.00.00 �I oND .as CONSTRUCTION COS I $.00 649 ALL OTHER BLDG DE14OL TION ' MA83. OWNER MAH, FAY S G n 1 c �FO A ADDRESS' MAH HARDY S N EGQ 183 I 'IRESHOREE DR BUILDING DIVI CjN WAYL11 MA B DATE. Icl,,0JED 01f2`9j1996 EXPIRATION DAT THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON. INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. I The Commonwealth of Massachusetts Department of Industrial Accidents � t - ?.�_ ;,; =-�� OfflceollovestlgaUoas • 600 11 ashin11ton Street Boston,Mass 02111 Yorkers' Compensation Insurance.Afftdayit ;An�llcant tnformation: Please PRiIVT•le�•�,(� - - """"'""`'"�""`''"`�-�'' ✓nam_ T �O city �l��h AM Ithonc# �� Z2 t,:7^ 0 1 am a homeowner performing all work myself 1 am a sole proprietor and have no one working in any capacity �;....ba!�. L-+ -- '�T—?I'TT !'T; �.- ---• .:...,;w. ;:,....�._._,. ..:...-.. __ ...T.!/ T�TY..!-!!'ae•-:!!-�.q•l.:-n.!1.y..-.per I am an emplover providing workers' compensation for my employees working on this job. comnanX name: atldress: city: phone#: . insurance co. policy Al r. ,... ... ..<,� _...•�.. •..►r..�......l��.r-.�aus: }t}�n .a.r..w..�.�.-.�... ....tee.. . per.. ... -_Po :.:✓..r .,_..:. . ..' _-.n:r...,.-_...:_- ._A _� .1�.. I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: comr+nRy--name: address: city: phone#! insurance co, o� licy# j._^ '�«::Y _�- _ _ �rirnr:s:..'�:.•:.rp�varr-r,y7-• Rt�s. ...t.T�'?, .F :a.r' -= ctimp�nv name: address. city phone#• insurance co. policy# ;Attae_h sddthonal'shee t if neces!a ::=•was _ lt`'�•rr r+a -f �:=R�rr.' `^ ':' ' Failure to secure coverage as required under Section 25A of 111GL 152 can lead to the imposition of criminal penalties of a fine up to SI.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP NVORK ORDER and a fine of S100.00 a day against me. 1 understand that a copy of this statement may be forwarded to the Mice of Investigations of the DIA for coverage verification. J herehr cc der the pains and penalties of per)uq•that rite information provide7abb a is true and correct Sia to —� . � / � 7otp_Da � Print name Phone# 3� •-3 Eontact 7Dcpartment nly do not write in this area to be completed by city or town official permit/license# nBuildingLicensinmmediate response is required OSclectmE3Hcalth Dn: phone#; tnOther (revised V95 P1A) information and Instructions Massachucctts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their "law", � every he service of another under all)' employees: As quoted from the IaH , an empint ee is defined as e�er) person in t contract ofhire, express or implied, oral or written. An empinyer is defined as an individual. partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased emplover, or the receiver or trustee of an. individual , partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwellin�fl house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed tojbc n_emp byer. MGL chapter 1*52 section 25 also states that every state or local licensing agency shall withhold-the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant,who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally. neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. _ '� :71. � ^ : L a..w *x t Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. 77 ..�, ..S„- ,.,..��., a. rr .,aSr;'Nil.•' r .S,:i, .►• �n!R,rt City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. Tile Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. ►�aw .......+r+:t.---!+scary _ ''^�'�'.'•!> ?,;,".""r"?r�.. 1:.)...aj a ` .�"n�sr',a�M..rfT -rrta.er+,�+777 .e' The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washinaton Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 7274900 ext. 406, 409 or 375 JRN-30-1936 15:46 FM WRLLEY lHSlJR;NCE 617 326 8337 P.32 L t 7" ce 18 IULI po CONFE.0 E f mi llTl8WM UPOWteSE�C EMR ATITFlT CEART EO FM IQNLFOO F.X. Walley in$. Agency Ilke. DOES ENO, MMUD TTHT CMNAD UPOCAES BELOW. OR ALTER TfIE COYEAIIGE AFfOROED BY THE P.O. Box 459 ------ ----------1111-11........................- -.............. ........... ........................................ DedhM, Xh 02027 COMPANIES AFFORDING COVERAGE (617)326-8393 7"(617)326-8387 1.................................. ..................................I............................"I',..................................I.............. COMPAW A ASSURANCE CO OF AMERICA LEFIM ...................................................................................... .................................................. CWAW Lkna hum .................................................................................................. "'I'll-............... ........... PAUL P. COCCI GENERAL s CID~ C CONTRACTOR ........................................ ..................................... 350 GREENLODGE STRZBT D DZDHAX, XA 02026 .................... ......................... ....................... ......................................... COMPA w E LUNR THIS tMS TO ^"FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE.BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W410H THIS CE"FICATIF MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED By THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDONS OF SUCH POLICIES, SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ..............................I............................. .............i ....................................................................................................................................................-..............................-.1.......... POLIC YNAWONr WMMW VOLLY EMN"M TYK OF lWkF4= pou"Nuilm DATE 009 mkwDftl) LAM LTR' ...............I--...................... ................................... .......... .................................... ............................... :$ 2.f 09MCPAL UABIM 000 M=ucrcQLvXF AGO. 32 X C4MWWCkAL GeaRAL UOL" ROP 27002MI �e.!�00,0000 ................ ...... ............ ............. ] LACM XLCW J,000fp0q09*AM MADE ODOUR, 09/06/95 09/ OG/96 w OV#19?5 A CONTRACTORS PRO. .. ............................. ... .. . ..... ERE 0 DAMAGE(Any Fla) :8 SO, .......... ..................... ........................... MM.07041&V ww POW)4 5,000 .......... ........... ....... ......................... ............. ........... .......... ....... ............ ................................................. 11UT10111106"UABLITY LSMrT MY AUTO .............. ...... .................... Au.OWED wm KELY FULAT For.per—) SCKM=AV1C9 .......... ............................ .................... SOMY kAJW "KD AUTOS ii MONOWEO AUTOS ..................... ..................................... Pmo-mry oAmAa ...... ................. ............ ............ ............................................ ..................... .........I... ..........-,.......................... ................................................. .. .. ....... EACH OCCURFENCE v9cm umuff AMP&GATE UMVMIA FQRM ................ .............. ............. OTpff TK*L*69EUA FORM ........... ............... ....... ..................... ............... ............ ..... STATUTORY UMrM ..............I......... ............... EACH ACOW, ............ .......... Afro DGEAM-Pomy LIM ......................... ........... .................. WEAW-EACH OAPLOYEE 11 .... ....... .. .............. .......................................... . ........... ........... . ............... ............................... .................... D.K=-1 ON OF 0MATlQkVL=="VVWAftWK"rnW DEMOLITION- .BUILDING LOCATED 16 ROUTE 29 HYANNIS, MA F R;v t Al 4,MR U SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED 9E5;M THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO 3., MAIL OLDER 0 DAYS WRITTEN NOTICE To THE CEFMRCATE 4 NAMED TO THE L DEPT.07 RZALTH SAFETY AM 1 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAD IMPOSE NO OBLIGATION OR E"T DIV. UAMLM OF ANY IQN0 UPON THE COMPANY, ITS AGENTSOR REPRESWtATNV- .RONKEWAL SERVICE. .11LDG. 367 MAIN STREET Tw HYANNIS MA 02601 NZ TOTAL P.32 JRN-30-1996 15:46 Fill iW LLEY I NSA IR;NCE 617 326 8387 ?.01 Francis M.Walley Insurance Agency, Inc. y•. P.O.Box 469,Dedham,Massachusetts 02027 ff 475 High Street,Dedham,Massachusetts 02026 Phone: (6I7)326-8383 I-SOO-649-8383 FAX:(617)326-8387 Service Since 1922 Francis M.Walley,3i. Frank Walley,III,CPCU Harold L.Baker,Jr. Roberta Zdankowski,CISR F A X T R A N S M I T T A L L E T T E R DATE - PLEASE DIRECT THIS TRANSMISSION TO: COMPANY PERSON / - THIS TRANSMISSION CONTAINS `� PAGES INCLUDING THIS PAGE. IF FOR ANY REASON YOU NEED TO DISCUSS THIS TRANSMISSION. PLEASE CALL THE FOLLOWING PERSON AT OUR OFFICE. . . . . . . . NAME OUR TELEPHONE NUMBER IS. . . . .617-326-8383 OR FAX NUMBER IS. . . .617-326-8387 THANK YOU. . . . Where you're sure of Qualify Insurance .1. .. ......... ........................... ......... ............................................................................ ....... ......... ...................... ................. ... .... ...... ................. .... . .... ... ............................... '-:::: .. ........ ............ .............. ... ........ ..... .." I.:*: *.-,-, " S : ...*' .:.. .... . .. ....... NSU 11 OE" IFt"'.." F-11 RANC ............ ................ ........ ... .......1 .I. .......C . .. ............. ........ .................. ... ................................. ............. .................... . ::, .............. ..::..... 1/25/1996 . . ............................................. . .. .............................................................. ....................... ....... ......... ................. ........................ ...................................................................................... ............... ...... INFORMATION ...... .............. ...... PRODUCER THIS "I E,I A' MATTER Tr E R 0 F I N FOR MATi 0 N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P.M. Walley Ins. Agency Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. Box 469 POLICIES BELOW. Dedham, MA 02027 COMPANIES AFFORDING COVERAGE (617)326-8383 Pax(617)326-8387 ....................................................................................................................................................................... COMPMY LETTER A ASSURANCE CO OF AMERICA ....................................................................................................................................................................... COMPANY B LETTER INSURED .............I.......... ............. ..............**'**..........*.......****....... PAUL P. COCCI GENERAL COMPANY LETTER C CONTRACTOR ..................................................................................................................................................................... 350 GREENLODGE STREET COMPANY D DEDHAM, MA 02026 ...................................................................................................................................................................... COMPANY E LETTER .. ................. .. ........... ....... ............ ..:::............................ ... .... ... ... ..... . ... ...... .................... ............ - ........................... ......... .... .................... ...... . . ........ .................. ................. . ................. ....... ... ...... ................... ... ........................ ......... ............... .. .............. ..................... .................... ... ............ .............v............... ................. ......... ......... .........:.................. ............ ...............I....... THIS Is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 3E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES-DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ......................................................................................................................................................................................................................................................................................................... CO: q POLICY EFFECTIVE EXPIRATION LT TYPE OF NSURANCE POLICY NUMBER FOLK R: DATE (MMIDD" DATE(MMIDDA'Y) ................................................................................................................................................................................................................................................................................................. A GENERAL LIABILITY GENERAL AGGREGATE .......... s .2f. 000,000 ............ X COMMERCIAL GENERAL LIABILITY RGP 27002261 PRODUCTS-COMP/OP AGG. 42,000,0000 ............ ............*.............................................. CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $ 1�r000'000. . ':09/06/95 09/06/96- .................................. .................... ........... 'OWNERS&CONTRACTORS PROT. EACH OCCURRENCE ........ $ 1,000,000 .........................................:...................................... FIRE DAMAGE(Any one fire) 50,000 . .........................—.... ................. ..................-...................... ................ MED.EXPENSE(Any one person):S 5,000 .............................................................................................................................................................................................................................................................................................. AUTOM013LE LIABIL!TY COMBINED SINGLE LIMIT ANY AUTO ........................................................................................ ALL OWNED AUTOS BODILY INJURY (Per perwn) S SCHEDULED AUTOS ........... ............—............................... ...................................... HIRED AUTOS BODILY INJURY (Per accident) NON-OWNED AUTOS ........... ...................................................................................... GARAGE LIABILITY :........... PROPERTY DAMAGE S ....................................................................................................................................................................................................... .................. ...................................... EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE ............................ OTHER THAN UMBRELLA FORM .............................................................................................................................. .............................. ............................................... ....................... WORKER'S COMPENSATION STATUTORY LIMITS .............. 4 AND EACH ACCIDENT EMPLOYERS'LIABILITY ...................................DISEASE-POLICY LIMIT..................................................... DISEASE-EACH EMPLOYEE .................................................................................................. ............ ................................................................. ......... OTHER ....................... ........... ......................... ....... ..................... ....... .................... ......... ............................ DESCRIIPMN OF OPERATIONS4.00AMNSrir;MICLESrSPECIAL ITEMS DEMOLITION—BUILDING LOCATED 22 IYANOUGH ROAD HYANNIS, MA .. . ..........I. ......... ............ . .... ......... . . ............. ....... ........ ....... ......... .... .... ....................... ....... ................. ....... .......................................................... ............. :CEIRTIOCAW �VANCEUATIO ................... .......... .. ................... .............................................. . ................ ...................................... ............................. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE DEPT.OP HEALTH SAFETY AND LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ENVIRONMENTAL SERVICE. .BLDG.DIV. Ti LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 367 MAIN STREET UTHOROW REM ATIVE HYANNIS MA 02601 0000' ......................... ........... !7� .............. ....... .... ...... ....................... ....................................................... . . ::' I--,1 *1 11 11 .............................................................. - . .......... ........... .................... ......... U.- .... .. ATI 0,N..................... .............................. .... ........................ r -b HYANNIS FIRE DEPARTMENT (.... 95 HIGH SCHOOL ROAD EXTENSION N _ HYANNIS, MASS. 02601 �aS�P F :, I: i PAUL D.CHISHOLM,CHIEF I E r` � FIRE PREVENTION BUREAU PREVENTION LT. DONALD H. CHASE, JR. LT.ERIC HUBLER .� Inspector Inspector TO: Ralph Crossen - Building Commissioner FROM: Lt. Eric Hubler DATE: December 28, 1995 SUBJECT: Unsafe structure at (UNKNOWN ADDRESS) IYANNOUGH RD./RT.28 MAP 343 - PARCEL 016 f' Dear Commissioner: As a member of the T,own's ,Safe, Structure Survey Board representing Chief Ch.islolm, and at your request, I have surveyed the building lop"ated at: the ,address shown above. As I am sur6'you are! aware, both the Barnstable Police and the'' Hyannis Fire Department -have had, numerous responses to this property since the building was abandoned several years ago. Because of the building's deterioration, and the almost constant use by transient persons and because of the death of one of the transients recently, and because of the extraordinary dangers to firefighters in the event of fire in this structure; it is the opinion of this surveyor that the building at this address be rendered safe as soon as possible by . . . . DEMOLISHING AND REMOVING THE BUILDING Enclosed is a location may of the property. Also, on file at the Hyanni St ion is further documentation, if needed. Lt. Eric ler Fire Prevention Officer FOR: PAUL D. CHISHOLM, CHIEF HYANNIS FIRE DEPARTMENT EH/dl enc. F;RE DEPT. 775-I300 I TOWN LINE 790-6:,28 1 EMERGENCY 775-2323 1 Fax 778-6448 SA all Ir M S4 , P 61 .1 TRANSMISSION VERIFICATION REPORT TIME: 01/17/1996 09:29 �+ NAME: BARNSTABLE BLDG DI%,+ FAX 1-508-790-6230 TEL 1•-508-790-6227 DATEJIME 01117 09: 27 FAX NO. 916172391F82 DURATION 00: 01: 42 PAGES; 04 RESULT OK MODE STANDARD ECM Fr+K .h:e- '-Y `�' °"p ? 3• Department of Health Safety and Environmental Services Building Division $► 367 Main Strcet,Hyannis MA 02601 6 9• Offices 508 790.6227 Ralph Cmsscn Fax: 508-790-6230 Bm7diag Cry++•uiss PLEASE FORWARD THE ATTACEMD PAGE(S)TO: TO: �e_( e� ATTN: FAX b 1 -7- o? 32 82 FROM: DATE: PAGE(S) (EXCLUDING COVER SHEET) Assessor's Office.(1st floor) Map Parcel Permit# Conservation Office(4th floor)(8;30-9:30/1:00-2:00) Date Issued toard of Health(3rd floor)(8:15 -9:30/1:00-4:45) Fee Engineering Dept.(3rd floor) House# Planning Dept.(1st floor/School Admin.Bldg.) ! �' ' + I i • BABNWAB6B. Definitive Plan Approved by Planning Board 19 i i i f0 N1K�B E TOWN OF BARNSTABLE I t 1 Building Permit Application ; Project Street Address Village 1 I I s mOwner Address c;Telephone is � I � Permit Request " i ".First Floor square feet Second Floor square feet Estimated Project Cost $ Zoning District Flood Plain Water Protection Lot Size Grandfathered ? Zoning Board of Appeals Authorization Recorded Current Use Proposed Use Construction Type Commercial Residential Dwelling Type: Single Family Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House Unfinished Old King's Highway Number of Baths No.of Bedrooms \ Total Room Count(not including baths) First Floor Heat Type and Fuel Central Air Fireplaces Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) SENT BY:FINANCE 1-29-96 7:27AM :SUN LIFE CANADA U.S. - 1 508 790 6230:# 21 4 oY 1 Cam. 00 J Q �'ll'�LIYC�_�'1CL� l � )lk - �r� $3�J �..000:��I ecru �l� - Loki CA �h� 1 am moo) cx �'v1 P 015 496 726. Receipt.for ,a _Certified.Mail '.m No Insurance Coverage Provided zoom Do not use for International Mail ISee Reverse) Sent toHarry & Fay Mah `Street and P.O.,State and ZIP Code Postage Certified Fee Special Delivery Fee , Restricted Delivery Fee Return Receipt Showing p� to Whom&Date Delivered - Return Receipt Showing to Whom, 7 Date,and Addressee's Address TOTAL Postage 0 &Fees C) Postmark or Date th E 0 U_ co Q. I STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see frem I 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address h leaving the receipt attachtid and present the article at a post office service window or hand it to'. your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. m 3. If you want a return receipt,write the certified mail number and your name and address on a c return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends 9 space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. O O j 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M r endorse RESTRICTED DELIVERY on the front of the article. E {` o 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 102595-93-z-0478 OF tHE : . The Town of Barnstable • sn�errsrnsne, • '� � Department of Health Safety and Environmental Services '�Eo Mop" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 12, 1995 Harry and Fay Mah 183 Lakeshore Drive Wayland,MA 01778 Re: 16 Route 28,Hyannis,MA Dear Property Owners: After a thorough inspection,I must inform you that your building at 16 Route 28 in Hyannis,MA (Map/parcel 343/016)is unsafe and must be razed. You are hereby being notified under the provisions of 780 CMR Section 123.0 that the building is dangerous to life and limb and especially unsafe due to the threat of fire. Under Section 123.0 you have until 12:00 noon the day after you receive this letter to remove the building. If we do not hear from you in the above time frame,under 780 Section 124.0 we will be forced to remove the building at the Town's expense and lien the title appropriately. Sincerely, Ralph M.Crossen Building Commissioner RMC/km cc: Lt.Hubler,Hyannis Fire Department Robert Smith,Town Attorney Warren J.Rutherford,Town Manager Thomas Geiler,Director of Health,Safety&Environmental Services Certified Mail P 015 496 726 R.R.R. BIKE 1 _ Town of Barnstable r r BABMAJIM Department of Public Works t639. 1 367 Main Street, Hyannis MA 02601 Office: 508-790-6300 Thomas J. Mullen Fax: 508-790-6400 Superintendent TO: Ralph Crossen, Building Commissioner FROM: Robert A. Burgmann, P.E. , Town Engineer Cj l & DATE: December 12, 1995 SUBJ: Abandoned Building, 16 Iyannough Rd / Rte 28 Assessors Map 343 - Parcel 016 Owners : Harry & Fay Mah On Monday, December 11, 1995 this office conducted an inspection and structural survey of the subject abandoned building, formerly known as the Kahiki Restaurant . Our survey showed that the building is open to the weather and that several areas of wall and roof structure have collapsed. It is evident that several other structural areas located throughout the building are in immanent danger of failure and collapse. Therefore, in the best interest of Public Safety and the Town of Barnstable it strongly recommended that this structure be demolished and the materials removed off-site by a qualified professional as soon as possible. ads Ai ro C� II � ; f a it II �_ I I i - . ii i i i i i i ii ii i C' Gam' . f y •'•.•.. Remember Lujean Printing for all your printing needs! 428-8700 0 4507 Falmouth Road (Route 28),Cotuit Department of Health, Safety and Environmental Services _ Building Division MM'� 367 Main Street,Hyannis MA 02601 woes. 1es1. Office: 7 Ralph Crossen Fax: 508-790-6230 Building Commissioner Procedures for a Demolition Permit Note: Old King's Highway Historic District Commission approval required prior to issuance of permit for any property located in the Historic District (north of the Mid Cape Highway) 1. The following departments must sign off on the permit application: Assessors Office- 1st floor Town Hall Engineering Department- 3rd floor Town Hall Historic Preservation-4th floor School Administration Building Conservation - 4th floor Town Hall 2. Specify on permit where demolition debris is to be disposed of. 3. Certification that all utilities are shut off is required. 4. Workers Compensation Insurance Affidavit form must be submitted if more than one person will be involved in the work. 5. Fee to be paid. PERMU Rev 2/13/95 0 SENDER: I also wish to receive the 'a Complete items 1 and/or 2 for additional services. y ■Complete items 3,4a,and 4b. following services(for an H ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. j ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address permit. d ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery N r ■The Return Receipt will show to whom the article was delivered and the date a r- delivered. Consult postmaster for fee. 0 d 3.Article Addressed to: 4a.Article Number d P 015 496 726 E E Harry and Fay M a h 4b.Service Type 00 183 Lakeshore Drive ❑ Registered M Certified ui Wayland , MA 01778 ❑ Express Mail ❑ Insured S G _jk R ceipt for Merchandise [ICOD c `t3a i slivery 0 a , 0 5 Received By: (Print Name) r; sse�'s Address(Only if requested C`� S. �� •A and few/Paid) cc cc g 6.Signature: (�ddCessee o Agent) X -' PS Form 3811; ecember 1994' 1 1 Domestic Return Receipt UNITED STATES POSTAL SERVICE 1 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box • TOWN OF BAR t S T ABLE BU ILO ING DINIS ION 367 MAIN ST HYANNI S MA 02601 RC - 16 Rt 28 , Hyannis . . _ The ,down of Barnstable KAM • a�cuver�a, • . Department of Health Safety and Environmental Services Mo+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 12, 1995 Harry and Fay Mah 183 Lakeshore Drive Wayland,MA 01778 Re: 16 Route 28,Hyannis,MA Dear Property Owners: After a thorough inspection,I must inform you that your building at 16 Route 28 in Hyannis,MA (Map/parcel 343/016)is unsafe and must be razed. You are hereby being notified under the provisions of 780 CMR Section 123.0 that the building is dangerous to life and limb and especially unsafe due to the threat of fire. Under Section 123.0 you have until 12:00 noon the day after you receive this letter to remove the building. If we do not hear from you in the above time frame,under 780 Section 124.0 we will be forced to remove the building at the Town's expense and lien the title appropriately. Sincerely, Ralph M.Crossen Building Commissioner RMC/km cc: Lt.Hubler,Hyannis Fire Department Robert Smith,Town Attorney Warren J.Rutherford,Town Manager Thomas Geiler,Director of Health,Safety&Environmental Services Certified Mail P 015 496 726 RR-R. PROPOSAL a0110v8n Crane Service PROPOSAL NO. 178 North Dennis Road SHEET NO. South Yarmouth, MA 02664 DATE ` PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: 'NAME_ ADDRESS W� OF i?olex/S7"� 6LF /6 i�� a v l'car91 ADDRESS 3 G 7T -e-T �1 Mrs _ zaswH � DATE OF PLANS 13 yr L , V6- Mpjlz7-/�Ir'�v PHONE NO. ARCHITECT We hereby propose to furnish the materials and perform the labor necessary for the completion of / l fig 69 V w O e.- C t2 L r-e- S /_ A 65 re -ATM i s ?., �, I All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- cations sub mitt d for above work and completed in a substantial workmanlike manner for the sum of C f 1--Ikle HUN dR e 7V Dollars ($ with payments to be made as follows. Ey 7— :i1/ );:,1 L u V f O A7,4L 6-T, o Respectfully submitted �6 ✓�A,—' C��g-y►-E SCAR yl C_ Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge PerZ6�4�� over and above the estimate. All agreements contingent upon strikes,ac- cidents,or delays beyond our control. Note—This proposal may be withdrawn by us if not accepted within, days. i ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date Signature rA Adams NC 3818-50 MADE IN USA Proposal ff GROUND SURGEON" - d,,.� .. , FAX (508)420-2414 Tel. 428-9595 John A. Aalto Backhoe Service 150 Walnut Street Marstons Mills, MA 02648 To - DATE: �!4 ^�� TERMS: Ile y&17� Quota ion Subject: 16 -5 7� zJJ�-, 9-7We are pleased to quote as follows: DESCRIPTION PRICE AMOUNT lee, 40 "SERVING CAPE COD SINCE 1970" BYXVATION, L/l COMPLETE COMMERCIAL AND RESIDENTIAL EXERAGE SYSTEMS, ETC. I QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 01/16/96 PARCEL ID 343 016 GEO ID 24979 LOT/BLOCK DBA PROPERTY ADDRESS OWNER MAH 16 ROUTE 28 FAY S G & MAH HARRY S N ESQ Hyannis 183 LAKESHORE DR WAYLAND MA 01778 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR'S CODE CAPACITY(NOTES) ZONING DIST/ZOC HB SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 28749.6 OPER/MGR NAME WET LANDS MULT ADDRESS USE 326 (N)EXT / (P)REVIOUS / NO(T)ES / PER(M) ITS / (V) IOLATIONS / (G)EOBASE / (E)XIT This value is not among the valid possibilities -*7 -i516s SENT BY :12-28-95 ; 1 :34PM ; 50877864484 1 508 790 62304 2 i AN N HYANNIS FIRE DEPARTMENT I►� ,M' ° S 95 HIGH SCHOOL ROAD EXTENSION 11 HYANNIS, MASS, 02601 �i@I. .v PAUL D.CHISHOLM,CHIBP E � � �A ` v FIRE PREVENTION BUREAU PR,YEKiloN LT,DONALD H.CHASE, JR, LT,ERIC HURLER Inspector Inspector TO, Ralph Crossen - Building Commissioner FROM: Lt. Eric Hubler DATE: December 28, 1995 SUBJECT:1 Unsafe structure at (UNKNOWN ADDRESS) IYANNOUGH RD./RT.28 MAP 343 `PARCEL 016 Dear Commissioner: As a member of the Town's Safe Structure Survey Board representing Chief Chisholm, and at your request, I have surveyed the building located at the ,address shown above, i As 1 am sure' you are aware, both the Barnstable,Police and the Hyannis fire Department have had, numerous responses to this property . since the i building was abandoned several years ago. Because of the building's deterioration, and the almost constant use by transient.persons and because of the death of one of the' transients'; recently, and because of the extraordinary dangers to firefighters in the event of fire in this structure; it is the opinion of ! this surveyor that the building at this address be rendered safe as soon as possible by 0 I DEMOLISHING AND REMOVING THE BUILDING Enclosed is a location may of the property. Also, on file at the Hyanni St idn is further documentation, if needed. Lt. Erlc ler Fire Prevlention Officer FOR: PAUL D.CHISHOLM, CHIEF � HYANNISll DEPARTMENT EH/dl Ono, FiZE DEPT, 775-1300 1 TOW14 LINE 790-6Z28 1 EMERGENCY 775-2323 1 FAX 778-6,148 J� M d Ch CV W d W N d Lc7 r' d Ck- s, +. .+. m fob 1� fill U/itr.Zs z w m SENDER: •.Cpmplete items 1 and/or 2 for additiondl,services. I also wish t0 r8C81Ve the �+ Complete items 3,and 4a&b.:. +' following services (for an extra V y • Print your name and aac!4s on th'@-rev�e''se•of-this form so that w*"n fee): > ® return this card to you. d > • Attach this form to the front of the rnailpiece,or on the back if space 1. ❑ Addressee's Address y ,foes not permit. +, _ • Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery a .� •_ The Return Receipt will show to whom the article was delivered and the date e delivered. Consult postmaster for fee. d cc 3. Article Addressed to: 4a. Article Number P 375, 771 585 ` m Fay S. G. Mah 4.`� pE Harry S. N. Mah, Esq. 4b. Service Type Ir El Registered El Insured c, 183 Lakeshore Drive CD ❑ Certified' ❑ COD rn Wayland IOTA 01778 I y , y LU J - ;Is`J Expre;s Mail ❑ Return Receipt for C P Merchandise d C V.—bate of Delivery »- o ¢-5. Signat a (Addressee ddressee's Address(Only if requested Y and fee is paid) LU C 6. Signature (Agent) 0 PS Form 381;1, December_1991 U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business y 26 JJPJ 0 ALTY FOR PRIVATE USE`r ` 0 AVOID PAYMENT" �993 'Or POSTAGE--- Print your name, address and ZIP Code here Mr. Joseph DaLuz, Bldg. Commissioner TOWN OF BARNSTABLE 367 Main Street a Hyannis, MA 02601 jss ii ff `i i tilt 11 P 3?5 ?7`1 V585 Receipt.for ,G Certified Mail ® No Insurance Coverage-Provided uMreosmrs Do not use for International Mail .. Pl=a Samce - (See Reverse) s aftaYry'S - ah, Esq. StriZ53d rakeshore Drive P.9,Sta and ZIP Cod@„ Way an Q, 11L� 01778 Postage i - Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p) to Whom&.Date Delivered m Return Receipt Showing to Whom, C .Date,.and Addressee's Address - 7 TOTAL Postage C &Fees 0 Postmark or Date M E o U_ IL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier Ino extra charge). CC _ 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. rn f 3. If you want a return receipt,write the certified mail number and your name and address on a c- return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. O 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E o 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL y return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 105603-92-s-0226 The Town of Barnstable Inspection Department 00 610• �� OYI ` 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner June 22, 1993 Fay S. G. Mah Harry S. N. Mah, Esquire 183 Lakeshore Drive Wayland, MA 01778 REt A=343-016 Iyanough Road, Hyannis Dear Property Owners: This letter is in reference to the building formerly known as the KAHIKI located on Iyanough Road, Hyannis. The building has been in disrepair since ' 1978 . You have always been cooperative in securing the building You may be aware that the zoning in the area .was changed to Y g Highway Business in November, 1983. . The only permitted uses in a Highway Business Zoning District are; A) Office, but not including medical office. B) Bank, but not consisting in whole or in part of drive-in bank or drive-up automatic teller. It is doubtful that any. operations will be able to be re- established on .that site at this juncture. The use of your property is now subject to the current Town of Barnstable Zoning Ordinance and any use other than those outlined in the .Highway Business would have to be approved by the Zoning Board of Appeals and possibly the Cape Cod Commission as a:.Development of Regional Impact. Fay S. G. Mah Harry S. N. Mah, Esquire June 22, 1993 Page 2. As I stated in one of my earlier letters and amplify today the building could not withstand the scrutiny of a request for a building permit. There is virtually nothing there. Again, I ask that you assist the Town by demolishing the building thereby cleaning the area and avoid any liability as owner of this property. Peace, J seph D. DaLuz Building Commissioner JDD/gr cc: Town Manager Councilor John Berry Town Attorney Certified mail: P 375 771` 585R.R R. - i ` f Ila. RIQ43 oil 6. LnC ROUTE 29 C""1,' 07 TDS 40o HY KEY 249797 ----MAIL, NG ADDRESS------- PCA 32261 PCs 00 Y R 0 PAREN"" 0 'AH:r FAY S G MAP AREA COO,14 JV MTG 000, NAH, HARF.,V, S I Esf.2 SPI SP2 SP3 183 LAKESHORE DR UTI UT2 a66 SQ FT 5845 WAY LAND 1,11A 0'17 7 8 AYB .1960 E Y B i960 OBS 25 CONST 0000 LAND .1.592 00 1 M p 10500 OTHER ----LEGAL: DESCRIPTION---- TRUE MET 169600 RE CLASSIFIED #LAND t 1519,100 ASD LND 159100 ARID fnP 10500 ASD OTH #BL61, DS)—C 33PRD—.1 170,500 DESCRIPTION TA TAX YR CURRENT E X E IN,P.,r T I AXABLE .AFL I'E�-ANOUGR RD HY #; 9903 A?R 1388 — V.1 40 RESIPENT'L #SR YARMOUTH TORN LINE GFEN SPACE C 0 M n E R CI A Lr 1696,00 1 C-1_9 6 0 0 INDUSTRIAL EXEMPTIONS !S-: PRICE 45000 ORB 39.19/oSO AFD rAd"T ACTIVFTY FCR V �0 '2'a° Z67 r DRAFT ONLY RE: A=343-016 Iyanough Road, Hyannis Dear Mr. Mah: This letter is in reference to the building formerly known, as the KAHIKI located on Iyanough Road, Hyannis. The building has been in disrepair since 1978. You have always been cooperative in securing the building when -1—ha_e notified yotr=t_o=dcs_o_. You may be aware that the zoning in the area was changed to Highway Business in November, 1983. The only permitted uses in a Highway Business Zoning District are: A) Office, but not including medical office. B) Bank, but not consisting in whole or in part of drive-in bank or drive-up automatic teller. A s al p rmit mJa be an ed o au horiz any use pe ted i th Bnfes Distr ctr vid s ch us don ubsta tia ly ers ly alf ec / e p a , ywe fa e,, cr c ' ence _ h communi�y The use of your property is now subject to the current Town of Barnstable Zoning Ordinance and any use other than those outlined in the Highway Business would have to be approved by the Zoning Board of Appeals and possibly the Cape Cod Commission as a Development of Regional Impact. As I stated in one of my earlier letters and amplify today - the building could not withstand the scrutiny of a request for a building permit. There is virtually nothing there. Again, I ask that you assist the Town demolishing the building thereby cleaning the area and avoid any liability as owner of this property. Lt is doubtful that any operations will b.e. ab.le. to:he re.-esta.b;lished on th_a.t s.i:te at thi s. juncture, WWII � 1I �=3 ' � ' I ( •.:.� Imo..Llf��__.1 �, � i _ I � l , �s �, ,� ♦ // .. /� _/1�.. /� i �� f 1 _ ; w �: .. .., ff •_ 55 _A: a-S CIJ �»- ' f n rf.. Robert A.Wall Richard J.McCarthy John A.Maloney Lazo Offices of David G.Sullivan ROBERT A. WALL Kathleen A.Bryan 10 POST OFFICE SQUARE SUITE 1155 John P.Webb BOSTON,MASSACHUSETTS 02109 Telephone:(617)726-7600 December, 23, 1.985 Joseph DaLuz Building inspector`s Office Town of Barnstable 360 Main Street Hyannis, MA 02601 RE: James Doherty, ppa VS'. " Town of Barnstable, et al ' Barnstable Superior. Court Civil Action #43231 Dear Mr. DaLuz: Please.advise me of, any dates .onswhich you will-.be free to have your deposition. taken after January 17, 1986. Thank you for your cooperation in this regard. Very(( truly urs x = RICHARD„ cCARTHY RJM/st JOSEPH D. DALUZ TELEPHONE: 775-1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 November 7, 1985 Mr. Harry S. N. Mah 183 Lake Shore Drive Wayland, MA 01778 Re: Iyanougli Road, Hyannis Assessor's map 343-16 Dear Mr. Mah: On Friday, November 1, 1985 I made an inspection of the building formerly known as the "Kahiki" located on Iyanough Road, Hyannis. Every window is broken and the doors are all open. This building is unused, uninhabited and open to the weather. This office is adamant that you either demolish the building or make it .secure immediately as it appears to be a dangerous situation. An immediate reply as to your course of action is requested. Peace, i oseph D. DaLuz Building Commissioner JDD/gr f (" r cc: Town Counsel Certified mail P 042 998 624 R.R.R. S , T O SENDER:Complete items 1,2,3,and 4. Add your address in the"RETURN TO"space on reverse. (CONSULT POSTMASTER FOR FEES) g; i.The following service is requested(check one). ❑ Show to whom and date delivered.................... —0 ❑ Show to whom,date,and address of delivery.. —¢ 2.❑ RESTRICTED DELIVERY —0 (The restricted delivery fee is charged in addition to the return receipt fee.) TOTAL S 3.ARTICLE ADDRESSED TO: Mr. Harry S. N. Mah (C 183 Lake Shore Drive z Wayland, MA 01778 4. TYPE OF SERVICE: ARTICLE NUMBER n ❑REGISTERED ❑INSURED ❑CERTIFIED ❑COD P 042 998 624 ❑EXPRESS MAIL c (Always obtain signature o9 addressee or agent) tre I have received is e d cri ed ove. SIGNATUR dd es Authorized agent M a 5. A L POSTM ARk 31 g 6.ADDRESSEE'S ADDRESS(Only if requesters . �o m7.UNABLE TO DELIVER BECAUSE: 7a.E LOYE75 C INITIALS P UNITED STATES POSTAL,SERWiGE OFFICIAL BUSINESS> PENALTY FOR PRIVATE SENDER INSTRUCTIONS �' 'USETO AVOID PAYMENT V Print our name adds , OF POSTAGE,$306 address,and ZIP CoQ��ih the space below, , your items 1,2,3,and 1 rU1 the rerens�•,, a` --� - I Attach f4 front of article B iti G a•B2y..h .... r: F otherwise affix to bads of artlda'z_ /q�, Endorse article-Return R"ptj�equest _,' i ad*mt to number, x RETURN TO x I Mr. Joseph D. DaLuz, Bldg. Commissioner; (Name of Sender)- Town of Barnstable 367 Main Street (Street or.P.O.Box) Hyannis, MA 02601 (City,State,.and ZIP Code) C Robert A.Wall Richard J.McCarthy John A.Maloney Law Offices of David G.Sullivan ROBERT A. WALL Kathleen A.Brvan 10 POST OFFICE SQUARE SUITE 1155 John P.Webb BOSTON,MASSACHUSETTS 02109 Telephone:(617)726-7600 November 4, 1985 Daniel F. Lenzo, Esq. Pappas and Lenzo e 11 Union Wharf Boston, MA 02109 RE: James Doherty, ppa et al vs. Town of Barnstable, et al Barnstable Superior Court Civil Action #43231 Dear Attorney Lenzo: In response to your letter of October 31 , 1985, in which you suggested continuing the November 14, 1985 deposition of the Town of Barnstable, we suggest that the deposition be continued to a date sometime in January, 1986. The official who will be appearing for the deposition will be undergoing eye surgery on November 22 and because of this we suggest that a date in January would be more convenient. Kindly let me know when you decide upon a date at your earliest convenience. Very i.'r'u iy youi'b- ��G.VI Wlcl RICHARD J. Mc THY RJM/st cc: Joseph LaDuz Building Inspector's Office Town of Barnstable 6 L i � i 1 TOWN OF BA-RNSTABLE y F'THE To� OFFICE OF CLERK AND TREASURER Z BABIISTAn .� MA86 Opp i631. TEaNAYa HYANNIS, MASS.,—November 6, 1985 P. 0. ADDRESS: FRANCIS A. LAHTEINE DRAWER T HYANNIS, MASS. 02601 To .Whom It May Concern: On August 12, 1980, the Town of Barnstable fi-led an Instrument of Taking (lien) on property for unpaid real estate taxes in the name of Ming's Corp. at Iyanough Road, Hyannis, being Assess- or's Map .343, Lot 16. This account was redeemed on February 5, 1985, by payment in full of all past due taxes and charges. The lien was then removed by means of a Certificate of Redemption. The Town of Barnstable was never the owner of the property. This could only be accomplished by a foreclosure decree through .the Land Court, which was never done. Attest: Assistant Town Clerk/Treasurer r i Robert A.Wall Richard J.McCarthy John A.Maloney Lazo Offices of David G.Sullivan ROBERT A. WALL Kathleen A.Bryan 10 POST OFFICE SQUARE SUITE 1155 John P.Webb BOSTON,MASSACHUSETTS 02109 Telephone:(617)726-7600 October 7, 1985 Mr. Joseph DaLuz , Building Inspector's Office Town of Barnstable 360 Main Street Hyannis, MA 02601 Re: James Doherty, .ppa —VS.— Town of Barnstable, et al Dear Mr. DaLuz: This is to confirm that the deposition of the Town of Barnstable scheduled for November 6, 1985 has been continued to 10:00 a.m: :November 14, 1985. Kindly be at our office at 9:00 a.m. on November 14, 1985 so that we can discuss this .matter prior to goingto the office of the plaintiff. ry truly y RJM:mmw' Richard J. cCarthy ' 1 • r CO"IMONWEALTII OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT DEPARTMENT No. 43231 I i r JAMES DOHERTY, p.p.a. , ) JUDY M. VILLA, ) Plaintiff ) VS. ) PLAINTIFF'S INTERROGATORIES TO { TOWN OF BARNSTABLE, ) DEFENDANT, TOWN OF BARNSTABLE, Defendant ) (FIRST SET) ) AND ) MING CORPORATION, ) Defendant ) ) i 1 . Attention is respectfully directed to Massachusetts General Laws , Chapter 231, Section 62, which requires that answers to interrogatories shall be in writing, under oath, and signed by the party interrogated who shall, before making answer, make such inquiry of his/her agents, servants, employees and attorneys as will enable him/her to make full and true answers to the interrogatories. have you done so? 2. Please state your full name, date of birth, residence, business address, and the position you hold with the defendant, Town of Barnstable? 3. Please state whether on or, about August 12, 1980 the Collector of Taxes for the defendant Town of Barnstable took for the Town of Barnstable the land and buildings thereon situate on Iyanough I Road, Hyannis , Massachusetts , as shown as Lot 16, on assessor's map 343, described in Book 2368, Page 012 of the Barnstable Registry of Deeds? 4. If you answer the previous interrogatory in the affirmative, please state fully and in complete detail the reason or reasons said property was taken? 5. Please state fully and in complete detail the name in which said property was assessed .prior to August 12, 1980? . I 6. If you answer interrogatory number 3 in the, affirmative, please state fully and in complete detail the condition of the land and buildings thereon.? \ 7. If you answer interrogatory number 3 in the affirmative, please state fully and in complete detail the amount of taxes, if any, owed or due on said property at the time of taking? , 8. Please state whether the condition of the building upon said premises changed from on or about August 12, 1980 to on or about July 3, 1982, and if so , please state fully and in complete detail said change? �9. Please state whether the condition of the building u �j odii g Pon said premises changed from on or about July 3, 1982 to the present, and if so, please state fully and in complete detail said change? Please state whether the defendant Town of Barnstable, its servants, agents and/or employees performed any work to physical or upon said premises prior to August 12, 1980, and if so, please11� state fully and in complete detail: 1 (a) the dates of said work; (b) by whom said work was performed; (c) the exact nature of said work? Please state whether the defendant Town of Barnstable, its !J servants, agents and/or ees ero to performed an employees P y physical work to or upon said premises from August 12, 1980 to August 12, 1982, and if so, please state fully and in complete detail: (a) the dates of said work; (b) by whom said work was performed; (c) the exact nature of said work? -2- +x l 7 ti• �T ia:o�. '4...� • t 12. Please state 'whether the defendant Town of Barnstable, its servants, agents and/or employees performed any physical work to or upon said premises from August 12, 1980 to the present; and if so , please state fully and in complete detail: (a) the dates of said work; (b) by whom said work was performed; (c) the exact nature of said work? 13. Please state whether or not the defendant Town of 'Barnstable, its �I servants, agents and/or employees placed any signs, markings or other notices upon said property prior to August 12, ' 1980, and if so, please state fully and in complete detail: (a) the dates said signs, markings or notices were placed upon said property; (b) by whom said signs , markings or notices were placed upon said property; (c) the exact nature of the signs, markings or notices were placed upon said property; (d) the complete contents of the signs, markings or notices placed upon said property? a,,14. Please state whether or not the defendant Town o n of Barnstable, its Q servants, agents and/or employees placed any signs, markings -or other notices upon said property from August 12, 1980 to August 12, 198-2, and if so, please state fully and in complete detail : (a) tht• dates sold signs, markings or notices were placed upon said property; (b) by whom said signs, markings or notices were placed upon said property; (c) the exact nature of the signs, markings or notices were placed upon said property; (d) the complete contents of the 'signs, markings or notices placed upon said property? -3- 15. Please state whether or not the defendant Town of Barnstable , its servants, agents and/or employees placed any signs, markings or other notices upon said property from August 12, 1982 to the present, and if. so, please state fully and in complete detail: (a) the dates said signs, markings or notices were placed upon said property; (b) by whom said signs, markings or notices were placed upon said property; (c) the exact nature of the signs, markings or notice were placed upon said property; (d) the complete contents of the signs , markings or notices n placed upon said property? ± J16. Please state whether on July 3, 1982 there were any signs, markings or other notices upon said property? /o-'17- Please state whether the defendant Town of Barnstable, its Jservants, agents aud'/or employees placed any warnings or barriers upor, said property prior to August 12, 1980 and if so , please state fully and In complete detail: (a) the dates said warnings or barriers were placed upon said property; (b) by whom said warnings or barriers were placed upon said property; (c) the exact nature of the warnings or barriers that were placed upon said property; (d) the complete contents of the warnings or barriers placed upon said property? " i3• Please state whetli �er the defendant Town of Barnstable, its Oservants, agents and/or employees placed any warnings or barriers it upon said property from August 12, 1980 to August 12, 1982, and if so, please state fully and in complete detail : (a) the dates said warnings or barriers were placed upon said property; (b) by whom said warnings or barriers were placed upon said property; (c) the exact nature of the warnings or barriers that were placed upon said property; (d) A e complete contents of the warnings or barriers placed upon said property? -4- 19. Please state whether the defendant Town of Barnstable, its h servants , agents and/or employees placed any warnings or barriers i Vj upon said property from August 12, 1982 to the present, and if so , please state fully and in complete detail: (a) the dates said warnings or, barriers were placed upon said property; (b) by whom said warnings or barriers were placed upon said property; (c) the exact nature of the warnings or barriers that were placed upon said property; (d) the complete contents of the warnings or barriers placed upon said property? 20. Please state whether on July 3, 1982 there were any warnings or barriers said upon P property, and if so, please state fully and in complete detail: (a) the nature of said warnings or barriers; (b) the purpose cif said warnings or barriers? 21. Please state whether the defendant Town of Barnstable took any measures .to restrict access to the building upon said premises prior to August 12, 1980, and if so, please state fully and in complete detail: (a) the dates said measures were taken; /-e a^ ce� (b) by whom said measures were taken; _, 6&(c) exactly what was done to restrict access to the A�A'f building? 22. o' Please state whether the defendant Town of Barnstable took.any i measures to restrict access to the building upon said premises from ,August 12, 1980 to August 12, 1982, and if so, please state fully and in complete detail: (a) the dates said measures were taken; (b) by whom said measures were taken; (c) exactly what was done to restrict access to the building? ti ,. • '. a.�:`` V4aa►...�.b.4.aa�w.�\�'��'�++.ti'L'i.��6.'►ek:C 1t.' J23• Please state whether the defendant Town of Barnstable took an measures to restrict -acvess to the building upon said premises from August 129 1980 to the present, and if so, please state fully and in complete detail: (a) the dates said measures were taken; (b) by whom said,measures were taken; (c) exactly whit was done to restrict access to the building? cam' Please state whether the defendant Town of Barnstable, its servants , agent; and/or employees at any time between August 12, 1980 and July 3, 1982 entered upon said property? �O -25• Please state whether the defendant Town of Barnstable i ts O servants, agents rind/or employees had any .keys to locks to or upon the building upon silid premises, and if so, please state fully and in com pleLv detail exactly what each lock was for? —� 20• Please state fully and it' complete detail all facts upon which you rely to form the bass of the allegations set forth in defendant Town of Barnstable-s second defense? 2 Please state fully acid in complete detail all facts upon which you rely to form the basis of the allegations set forth in defendant Town of Barnstable's seventh defense? By his attorneys, STAVISKY & GREELEY Mark E. Fishbon One Union Street Boston, MA 02108 723-3222 -6- t JOSEPH D. DALUI- TELEPHONEr 77P,-112C /1whimg Cnmaotlllow, EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING 43 HYANNIS, MASS. 02601 December 3' 1982 N� Ms. Norma L.. Sumner, Claim Representative Hartford Insurance Company One Welby Road P.O. Box B-959 New Bedford, MA 02741 Re: 094 L 94768 CR James Doherty vs Town of Barnstable Dear Ms. Sumner: First of all I wish to acknowledge your letter of November 24 which was postmarked December 1, 1982. ..You have listed three (3) questions concerning the Kahiki Restaurant on Route 28 in Hyannis. The first response is that the property is not in horrible disrepair. The second response is that my department never condemned the property and thirdly, the Town never "confiscated" the property. I .have .been advised by Town Counsel Robert D. Smith that the Town of Barnstable does not own the property in .question. The Town has a tax lien for tax purposes_ An inspection was made with .a Barnstable Police Officer after notification of an .injury and I noticed a few broken windows and an open door which was nailed shut. I trust I have answered your questions. Peace, Jos(�P ' h D. DaLuz `-Building Commissioner JDD r g cc: Town Counsel .Y JOSEPH D. DALUZ TELEPHONEt 775.1120 Building Imperlor EXT. 145 i OWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 January 12, 1979 Chief Glenn B. Clough Hyannis Fire Department Hyannis, MA 02601 Dear Glenn: Mr. Norman Pemberton has refused .to accept his certified letter re the demolition of his building on Brooks Road, Hyannis. We are now in the process of serving him through the local Sheriff and will notify you of the results. The Kahiki is in the process of. being sold and I have been informed that renovations will be forthcoming in the near future. Notices to landlords of apartments; I believe have all been notified to install fire escapes. You probably have noticed several on your inspections. A greatly portion of your Fire Prevention forms have been reviewed, corrected and some in the process of.being corrected. Yours in Fire Safety Peace, Jo eph D. DaLuz Building Inspector JDD/gr =4 V. DEPARTMENT OF PUBLIC SAFETY—DIVISION OF FIRE PREVENTION 1010 COMMONWEALTH Av[NuK. 1300TON 02215 FP32 F III In This Report LAYOUT 2 .�d In Your Own Word. �/q/✓•� /J Fire Department MASSACHUSETTS INCIDENT REPORT 1 BDelete '101FDID Incident o. xp, o. ay ear a o the Week enen Gcle _ �+-. (J Y / Time Alarm "On Scene" "In Service" A C�` �.Z * * Fj �-� .( 3 2 e CORRECT ADDRESS No. Dir. Name Type Zip Code Census Tract n -A jj2i h 6G � V C Occupant Nems Talephone Room or Apt. r Om Owner Name Address D __1` Telephone z D Typo of Situation Found E Method of Alarm from Public r .., _ . t� r p �6 O /.elf=i✓ z () ype of Action Taken - _ / Co Inspoctlon Shift No.Alarms Mutual Aid n F —.vim✓ O f -, DI.triet O m C> [10R*c'd 2❑Given 2 No. Fire Service Personnel No. Engines _; No.Asrisl Apparatus G .� No.Other Vehicles _•L G Used et Scene 1/I I 'I Used at Scene Usod at Scene la3 1, Used at Scene l 1--.+ A Cf No. Incident-related Injurisi No.Incident-related Faterttiei Complex O H O 2 Fire Service Others Fire Service Others T C I [Fixed Property Use Mobiie Property Types' T r <nt f{ _.< w ( Area of Fire Origin Level of Fire Origin Termination Stage r r 8 K Equipment Involved in Ignition(if any) Form of Heat of Ignition = Type of Material Ignited Form of Mat rial Ignited Ignition Factor O L = f/! n Structure Type Construction Type \ Construction Method 3 M T O Extant of Flame Damage Extent of Smoke 01 Damage Extent of Water Damage N -m�l N m pQC 11 oExtsnt of Fire Control Damage Detector Performance Sprinkler Performance o <� . m IF FLAME SPREAD Type o}Material Generating Most Flame Avenue of Flems Travel m Is BEYOND ROOM OF ORIGIN ?t IF SMOKE SPREAD Type of Material Generating Most Smoke Avenue of Smoke Travel M m H Q BEYOND ROOM OF ORIGIN 77- R Method of Extinguishment D r r T 'Estimated Total Property Damage Classification Time from Alarm to Agent Application � S Dollar Loss m f/1 Total Insurance on Building-Vehicle Damage to Building-Vehicle a S1 G� I S2 Damage to contents-Vehicle Insurance Paid D S3 Public Adjuster Insurance Agency Insurance Company UUU T M F N H Entries contained in this report are intended for the sole use of the State GHieer' -Charge(Name,Position,A signment) Date n Fire Marshal. Estimations and evaluations made herein represent"most In Z 0 likely"and"most probable"cause and effect. Any representation as to j0 Me Making Report(If tffe ant from A ove) Date m rD.,r the validity or accuracy or reported conditions outside the State Fire tZ m Marshal's office,is neither intended nor implied. Iy r T FIRE MARSHAL as ,, F M.—1 ❑ yes 2 ❑ Complete Below No p 0-Check box if remarks are made on reverse side. If Mobile Property Year Make Model Serial No. License No.lif any) U 3 V 4 If Equipment Involved Year Make Model, Serial No, Voltage(if any) In Ignition I �' na AlarmandFireRecord HYANNIS FIRE DISTRICT Name/Location KAHIKI t';STAl RAl'T, RGLT,+.'E 28 , HYANTi•TIS, NAS3 . OWNER IS - FAY, HARRY 1_AH WRENTHAI , Alarm # 453 Type BUILDING FIRE How Received POLICE Date 10/1,Z75 Time 9:ILO 'P.M. Date of week SATURDAY RESPONSE Out on arrival NO MUTUAL AID ' App. 2nd ALARMHow extinguished 1-22 6-12 L i a e Men 32 Remarks 'Officer in charge CAPT. VIOLA & CHIEF Form A-2 Estimate of damage 11EAVY ShOKE' IN LOUNGE EAST El-ID OF BUILDI •.G. BELIEV2M TO HAVE* BEET SE'. May 190 1978 Ming Corporation c/o S. W. Berman, Attorney 115 North Street Hingham, MA 02043 Dear Attorney Berman: The Kahiki building on Iyanough Road, Hyannis, has become the topic of much discussion. The Kahiki building is one that demands immediate attention. It has been an unpleasant attraction and has openings in which access is prevalent. I shall exercise the provisions of Chapter 1439 Sections 6 - 9 and ask that immediate response be directed to correcting the violations under said sections. c, An immediate reply as to your course of action is requested. Peace, - Joseph D. DaLuz Building Inspector JDD/gr w c 16 UNITED STATES POSTAL SERVICE,,., OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE'' ` ' U..q�TO AVOID PAYMENT- - Print your name,address,and ZIP CODE in the space below. s, ; r. OF POSTAGE,$300._:. m' •Complete items 1,2,and 3 on the reverse. •Moisten ggummed ends and attach to front of article if space, a +^ ^^ LLS.MAIILa••� � r t ermits.Otherwise affix to back of article. •Endorse article "Return Receipt Requested" adiaceW& number. RETURN TO Mr. Joseph DaLufzs, Bldg. Inspector Town of Barnstable der) 397 Main Street (Street or PO. Box) Hyannis, MA 02601 (City, State,and ZIP Code) c' 0 SENDER:Complete items 1,2,and 3. o Add your address in the "RETURN TO" space on reverse. w 1. The following service is requested(check one). ❑ Show to whom and date delivered... ........ ¢ ❑ Show to whom,date,and address of delivery.. ❑ RESTRICTED DELIVERY Show to whom and date delivered... ........ ❑ RESTRICTED DELIVERY 7° Show to whom,date,and address of delivery.$ m � (CONSULT POSTMASTER FOR FEES) c Z 2. ARTICLE ADDRESSED TO: M Ming Corp. c/o S. W. Berman 115 North St. Hingham, MA 02043 3. ARTICLE DESCRIPTION: m REGISTERED NO. CERTIFIED NO. INSURED NO. Cn Cn 526832 -A X) (Always obtain signature of addressee or agent) o I have receiv the article described above. Z SIGNATUR ❑ A es e ElAuthorized agent m 4 o DATE OF DELIVERY Ofi'F F�iK o n 5. AD DRESS(Complete only if requesfe )970 T p 6. UNABLE TO DELIVER BECAUSE: CLERK'S JNITIA D r C�QQ:1977—(+.L- 49-595 -� - _c ` _. I {- - ___.. � � __ � _ _—.___ � �� _ �_ _..__1_�� .. �.-�a.. .. ... _ .._....- ._ _ _____ - _ l t y - , . ' .. �� _. __ . . --- - - -- - - -_ _ ---- - -- �_ ._._. _ 4 ._ ,.. p� -- - -- i � 4 r � 11 � � t4 - �, � � � fa / - - .. ..�, ti ,` ,1 ,� .._ r � �.l' ._. _ _ _ _ _ ._.., .._ _ _ _� _ _ _�_�_ y..__._ �__. ..�__ __�.__ _ _.__ _ _ f December 5, 1979 i _ f All members of the Board of Health were present at their meeting on December 5, 1979, at 4 P.M. Mr. Kelly, Mr. Murray and Mrs. McKeen were also present. I i Dr. Mandelstam made a motion the minutes of the previous meeting be accepted as read. . Seconded by Mr. Childs. So voted. Mr. Rene Langevin and his attorney, Mr. Richard Mycock, appealed to the Board to let him open a retail carpet business on the property of the old Kahiki Restaurant using a holding tank for the two toilets that would be needed for the business. Robert Our had drawn up plans for the property. Mr. Kelly informed them that Robert OUr was not an engineer and I was not qualified to draw up engineering plans. He added that about 50 different people had inquired about the property and all had been told they would have to draw up engineering plans that comply with the Department of Environmental Quality Engineering and Title 5; no one has been able to meet the requirements. Holding tanks are not accepta - ble under. the State regulations. Mr. Childs inquired if they would tie into the Town sewer but the reply was that it was too expensive. Mr. Kelly added that the judge' s decision in closing the Kahiki Restaurant had ruled in the Board' s favor. If they wanted a one-man operatiori'i that would be acceptable provided toilet facilities were available and convenient within 300 feet. Suggested to them to dis- cuss plans with the State to find out what system would be workable the State might have changed in their thinking. Felt a holding tank is only a temporary measure anyway. Mr. Langevin inquired how Tucker Town was any different than the Kahiki property. Mr. Kelly answered that .the sewage from Kahiki was going out into the marsh and pond behind it. k� �: fir•t aS J l i Vey, 1'i . x � ¢� ,. 'y�'A ,,� ,•(-t k, b � � 4 I t Y W y 4 r' 'F • `0. npp ._a tt '!'tr,. 4Y � �1 .�Y✓.5,�.. "� yy 4.3 e ,fit 1 T. ..• y,, ma's � � � F yet Wt. -ir- TAW lo MAO r�?r3'y ''4' }'SE'�{}_• n S{+�'` ,"� •' i. --^'` � � r� } +, 'lid t r ""` e .=t" `�°i ...> " 4"'x'1 " '� d4. " �.'•'d�d�� _ � 'rft .'• .if �S��7y�t +y.3 pn.-F s RrF a m };�y }s Robert D. Smith Barbara Harris TOWN OF BARNSTABLE Claire Griffen C�flac of own eounscf 367 MAIN STREET,' New `POW[ Hall HYANNIS, MASSACHUSETTS 02601 TELEPHONE 617-775-1120 EXT. -12 8 INTER-OFFICE MEMO TO: JOE DALUZ DATE: OCTOBER 27, 1982 F ROM: BOB SMITH ( D ) RE: Claim of JAMES DOHERTY for Personal Injuries allegedly suffered 7/3/82 on property previously owned by Mings Corp. at Iyanough Road,- Hyannis and taken over by tax title on 8/12/80 by TOB ------------------------------------------------------------------------------------ The above-referenced property was taken by the Town of Barnstable on August 12, 1980 for non-payment of taxes. On July 3, 1982, an accident happened at the building on this property allegedly injuring a fourteen-year-old boy resulting -in an alleged permanent injury. Would you kindly proceed on an investigation of this property and forward to me your report at the earliest possible time. I have on this date forwarded a similar note to Neil Nightingale for someone to investigate this property and take the appropriate photographs. The exact location of the incident is not noted in the letter attached hereto, so your investigation will primarily have to run along the lines of the general complexion of the interior and exterior of the property. Thanks. (P.S. This is the former Kahiki Restaurant which was on the Yarmouth Town Line) . RDS:cg Encs. cc: Neil Nightingale, Police Chief f . d � STAVISKY AND GREELEY ,�AgLB ATTORNEYS AT LAW Cd ^� O ONE UNION STREET O CO BOSTON. MASSACHUSETTS 02108 H Q'� 1617) 723-3222 ROBERT A.GREELEY of counsel HANOLD STAVISKY ARNOLD R.PARKER EARL L MILLER TIMOTHY R.LOFF ROBERT A:SHELMERDINE - MARK E.FISHBON. CAROL A-JACKSON r October 14 , 1982 - Board of Selectmen Town of Barnstable 367 Hain Street Hyannis, MA :02601 RE: Claim for Damages 1assachusetts General Laws , Chapter 258 , Section 4 Gentlemen: This letter will constitute a claim in writing for damages under the Tort Claims Act, Massachusetts General Laws , Chapter 258. Please be advised that this office is retained by Mr. James Doherty and his mother, Ms. Judy Villa of 274 Ames Way, Centerville, Massachusetts 02632 . On or about July 3, 1982 at approximately 3: 30 P.M. in the afternoon Mr. Doherty was on the premises of land situated in Barnstable, Barnstable County, Massachusetts on the northerly side of Iyanough Road, sometimes known as Route 28 as described in Book 2368 , Page 012 of the Barnstable Registry of `Deeds. This land and the building thereon were previously owned by .the Mings Corp. and were taken for non- payment of taxes by the Town of Barnstable on August '12; 1980 pursuant to an instrument .located at Book 3136 , Page .133., The building located on this property was in substantial disrepair and in' a dangerous condition to any passerby. or occupant on July 3, 1982. There were no signs or warnings of any kind to indicate ownership of the property or to indicate that a danger existed. While Mr. .Doherty was on- these premises he suffered a great . injury to his left arm and to date has incurred medical bills in excess of $5, 000 for treatment of his injury. Mr. Doherty is a young man of 14 years old, and the injury to his left arm appears at this time, to be of a permanent nature. He has suffered loss of function, considerable pain and suffering, and will suffer from a permanent disability due to the negligence of the Town of Barnstable in failing to maintain and repair these premises . T STAVISKY AND GREELEY ATTORNEYS AT LAW Board of Selectmen- -2- October 14 , 1982 In sum, ' pursuant to Massachusetts General Laws, Chapter 258, Section 2 and 4, I hereby demand on behalf of Mr. Doherty and his mother, Judy Villa, damages in the sum of $100 ,000 for the personal injury caused by the negligent. act or omission of the employees of.. the Town of Barnstable in failing to maintain the premises in a safe condition for a foreseeable plaintiff such as . Mr. Doherty. Failure to respond to this demand will result in-.litigation to obtain the damages to which Mr. Doherty is entitled. ' Please ,direct any response to this office and not to my client. - Very truly yours, Timothy R. Loff Stavisky & Greeley TRL/kf Certified Mail/RRR cc: Judy`Villa 3 • III x r ' ONE UNION STREET•BOSTON, MASSACHUSETTS 02108•617-723-3222 - -- --- --- --- - -------- -- - - ---- -- ----- _��i� - - - -- - - �-�z- Gz7t �neurr� 0-4 ---------- �,!6FQ,.�uAeri,._-.�i�s -4k - -- - - - - --- ---- ---- - r _ _��.� f .� � , .� ��'�: ��- . 'k . . _ -- - - -- - -- _ ._ . �_ _ - .- - - - y ---. _ _ . . _ - __ ,. _ ._. _ _ _... .' I , 5 l 5 J-o.e Here's the, Story: We still assess MING'S CORP. for the property (#343-16) . ..old chinese restaurant But, it is. in Tax Ti-tle. . .meaning the taxes have not been paid for several years---- after taxes have not been paid for several years, the Tax Collecitor turns over past due accounts to the Town Clerk & Treasurer) and they are in "Tax Title". According to the Clerk's records, the 1978 FY there is a balance unpaid, 1979 was pai dbut t-he 1980—T981;&-1992 Fiscal—bi-T1 s have NOT—BEEN—P) I-D. There is a total tax bill of $5,404.92 due, plus interest & charges. The instrument of Tax Taking by the Tax Collector (8-12-1980, B.3136, P.133) is redeemable when the owner pays the tax due. . . The Town has not foreclosed on thri-s-parcel—at—tiTi-sittme. We have no notification from Mr. Coppola (the att'.y. who handles all our tax title accounts) . . .you m-ay want—to call—hri-m—h-i-s—o-ff-i-ce—i-s—tn—Lynn—&h-i-s—tel-eRh-on-e—n-umb-er—i-s-592=548-5.Q O.K.? _� _.__ f a 1 J e , J � _ i • _. r r � t a .� �� .. � _ f � �♦ i DO YOU HAVE ANYTHING IN YOUR BOOKS OF TAX TAKINGS FOR MING'S CORPORATION, #343-16 (which is the old "Kahiki Restaurant") . .there was supposedly an instrument of taking 8-11-1980, by the Town. . . .??? ( q q g-I / 9f- To �� -r �x �6�3.�7 ��vr�e�sr ec{p2� '.s To Date Time WHILE YOU WERE OUT M of Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Operator �;• �CamQ ll 09301 i g (AJJ C� FLYNN & SLOAN REPORTING Professional Court Reporters U i NORMA D.FLYNN 23 Lexington Road Shrewsbury,Massachusetts 01545 617-842-0822 r r } - � �`j� J �, { a G • �. .... .<..n. .. $ ,.,. ............................._ 3 - �a