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HomeMy WebLinkAbout0979 IYANNOUGH ROAD/RTE132 i 3 APPLI CAT ION FOR PERMIT THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS IOONASHUA STREET BOSTON , MASSACHUSETTS 02114 Y ' February 2, 19.88 Frank Mehho, District 7 To District Highway Engineer Commerce Park Middleboro, MA 02346 a E � The undersigned, Lebel-Sollows Development Corp.-- - Stoneybrook Village Inc of 131 Old Route 132, Hyannis, MA 02601 hereby makes application for permissiom to construct an 8" sewer main on the south side of Route 28 to service a proposed 40 unit Moderate Income Apartment complex (uner' Sec. 40B) . The location to be on the south side of Route 28 between the north and south portions of Old Strawberry Hill Road in "Hyannis, Route 28 Station 271+50 and 278+50. The centerline of said sewer -to be 8j feet off the edge of pavement in the dirt shoulder . (see attached plans) . on the State Highway in the City/Town of Barnstable Auto uteNo. 28 Sign here /]/��,� Mailing Address 131 0� Route �13�2,,� , : .`. . . . . . . . . . . . . .`. .. . . .. Hyannis, MA 02601 Telephone No. . • 362-9411 This application in duplicate is to be forwarded to the District Highway Engineer In your"area. See reverse side for addresses. of" District �Of,fices HMD 008REV10/80 �VPY w yy •. I s � I I .I s �2�D0 n Ia7 n Isp 'I In "`/!�`�� 'I I I . -- r.s.euw. N.M lsauuw!- -{r i _—__T-_- -- .. �1 :.''{v ``\ �r�J +s•w / row 1 !,a`°R"<w ���Y[.i.'�,aan.lws=ti'm'1 w�. ) oi,....w.+,a a i.+.w,•c � 1' .sYf.'_- �---- ..[`. l/ a ao...s Y__� tiw+ +-___`> '.•ut -> 'blurt...s.a•�I I "' eul.,. .o �J+w.�s�o zv.oau�-71 +��.�a+u�i r '--'-'•�>` .1?•_naf-'t� .'n�'\ bl.+•c'h.! -1t�` '?.: J i \ cwo.ow ! ; 'tc•_.�wl>i: �. °°u '.1t__"_?�:•�_--'. t = 1{o¢s.•,ae i •...sn�wc.r..s•� - �. ` //^v; �,S inr�;uwwra�� �I„nwc ..v +sT_ _ 1.+[s+ro�1 �b' .. ,��:_u :u.. 1 +c:i'. 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R.1. Ito t u.•r>w. ... �•nueoao__ auY,o-• wo 1 u DISTRICT OFFICE ADDRESSES AND TELEPHONE NUtBERS District 1 270 Pittsfield Road, Lenox Tel. 637-1750 •<',— \i__ -_ - rwcnP+w y;oc_ssrtw I 1'a P� �V[w•slsa' . •. __ I f � KYYIf• 'may_ .d_ District 2 North King Street, Northampton Tel. 584-1611 District 3 403 Belmont Street, Worcester Tel. 754-7204 o District 4 519 Appleton Street, Arlington Tel. 648-6100 District 5 485 Maple Street, Danvers Tel. 774-3190 7 �— District 6 1000 County Street, Taunton Tel. 824-6633 [ ' District 7 151 Pierce Street, Middleboro' Tel. 947-90DO District 8 400 D Street, South Boston Tel. 482-0811 T = -C*V rut '-- r. I ' y: TOWN OF'BARNSTABLE MASSACHU A SETTS �T'�" ` � �bt5T � .. ..250 r 1' OAT August Z6.APPL•ICANT(.r r -Ubel—S011ows E .. 'tlgl-„. H�— '��•—• .•.. r-yryr-,�•p+.�-.. F9'•-w•ri.. 2 PE ••I.: r ADDRESS ;klyann 8. PERMIT YO' uil r B (� five' multi fam ly { " i[oNq,>;1T fit--f,,'f` bXAngq frame }y r :4EN5�1 . 'ITY�('01 IMFIIOVCMC NII NUMDCR..OF , J Ro' OW.ELLING'UNIYS -I A 0 151 Old Strawberry (PROPOSED USE) >. Al (tocAT IDN) J Hill Road w _ (Ro., , Hyannis ' ISTREET) ZONING :''r,::.. . iBETWEEN i.,''• (CROSS STREET) AND ' suso)VISIoN;:.; ��,(CR.o.ss STREET) LOT LOT -- BLOCK `�` - 5'IZE BUILDING IS•LO'BE` - •'' FT. WIDE 8V —_ FT ,LONG BY HEIGHT AND SHALL CONFORtij TYPE �INsC6NSTRUCTION YO I �i USE GROUP r BASEh!ENT/WALLS`OR FOUNDATION REM4RKs TOWN SEWF,R APPEAL ��198]-27 ITYPE) . _ AREAtOR .S �.• r ZOO s l t. "• . -VOLUME q• ` each building BOND b (CUBIC/50UAgE TEEM ESTIMATED C057y�.' 2sZ24,,800 .PERMIT.• ,:14640 00, OWNER S L S Trust FEE ty':La ADDRESS UllY]]TTTI S, I BUILOING, DEPt by. w. ` 4p ( 'BUILDING D 11 ._ ...IC_�'�C7:"—rt'r't-4�71Yii7G;;t—•tyr'.:.:.r4r'�!•• OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. t t 1 MINIMUM OF THREE CALL '•'t' i'^r'� s�•t(• ^fir, INSPECTIONS REQUIRED FOR APPROVED PLANS MUST BE RETAINED ON JOB AND THIS N%HERE APP�ICgBLE SEPARATE , ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE RE f. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING READY STRUCTURAL ELECTRICAL, PLUMBI NG NDRED 3. FINAL INSIPECTION BEFORE FINALTo LATH) DINSPECTIONDHIAS BEEN MADE NG SHALL NOT BE OCCU.F'IED UNTIL , t OCCUPANCY. FINAL POST THIS CAR® ' SO IT IS 9/ISIBLE F 1 BUILDING INSPECTION APPROVALS FROM .S T R E E T _ PLUMRING INSPECTION APPROVALS 1 ---- _—""-- --- ELECTRICAL INSPECTION APPROVALS I 2 3 HEATING INSPECTION APPROVALS 1 - ENGINEERING DEPARTMENT ' OTHER • • Q �y - �y 1 BOARD OF HEALTH n 44\ WORK SHALL NOT PROCEED UNTIL THE INSPEC. -i TOR HAS APPROVED THE PROCEED UNTIL STAGES OT. I PERMIT '.W!LL BECOME NULL AND V CONSTRUCTION ORK IS NOT STARTED WITHIN SIX MONTHS OF OID IF DATE CONSTRUCTION INSPECTIONS INDICATED ON 1Ti15 CA' CAN BE PERMIT IS ISSUED AS NOTE ABOVE, ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICAITON. ,TOWty OF'BARNSTABLE, MASSACHUSMS �ILDINQT E . MIT.fi Aa250 r..• ^. ... DATE .,. , +. August 26` 8$ APPLICANT Lebel—Sollows 1Z3IcTI�oute N -3 2U8' .x.. ADDRESS. qny ',ki ri 8 ,.� . .. (NO.) •(5T EE•Y'►' ..'<r �i'-�+;, t,:'. •ICON,Y f�.j•5'` CENSEI 11 multi fam 1 ;;':.i: r,. .:a;', , �,>.•;y:,l: �Bu e�li ' ^�. { i'ERMIT•TO' ''� �� y W n S:. Frame �•`' �ItJMBER• i.ij ... '(TY PE'OF tIMPROVEME NTI N STDfTI .,.,,>..•„e.....a._ ...r,•'DW.E,L'L'ING'UN1YS'.; �..'v�.+,Q,ei.t+s•.: .'<''i. 0.. (PROPOSED:�SEJ,,' =:i,::r1;; •,;..;, .;.. .r,.,. AT (LOCATIONh 151 Old Strawberry Hill;Road, Hyannis : zoNlNc,, (STREET) ` s BETWEEN (CROSS STREET) - ANDS' 1 T•'.• - t'•w++'Y ? -S. '" .r a xr SUBOIVIS•IONI__ _ t' LOT �., LOT BLOCKSIZE BU1��11(G 1$ T+0'BE° t ,1 i ► FT. WIDE 8Y FT. LONG BY. r !.i HEIGHT.ltNp SkXLL CONFONM�'INICrY�NSTRUCTION \ S y y rP TO TYPE USE GROUP + l ►1+10• 4r,,\ BASEMENT WALLS ' F;OUffOA710N. RlrMARK57t TOWN SEWER APPEAL198� 27 ,dn l'•, .. BOND , vo urtie k 5 @ 3s2Q0- Sq. ft. each building, 2 224 8QQ \ t J ESTIMATED COST .�' ,. 3 .�. �PEM�T�"e, J ��fQr 1 tjt y, t (CUBIC/'SQUARE FEET) 7..D n $ L',;$ Trust r; ,Ty�J►�,F1A ADDRESS i Ou P. , ann S y , i BUILDING DEP,T \ k} Y a '►, ,,. t ^.+. r(Li� !r t,r�t II1.7l.JJJ1JJ1V171 �t ',Irr rr�rats/ "C'fC— •.%'-, ..(-'. ,. t •t v t \I�drc , ►. .+'+ 6R�-3�►,'7n'SS J,,L+n' 1 vil! OEM. OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. ► ' '�"t'f�'` ` 'f nb.dt4 9•E'•T; MINIMUM OF THREE GALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE' INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE .REQUIRED, FOR ELECTRICALI. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANI CAL�INSTALLATIONS. O 2. PRIOR TO COVERING STRUCTURAL QUIRED.SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL • FINAL INSPECTION TO BEFORE FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE '=^" •' OCCUPANCY. POST THIS CARD SO IT IS VISIBLE 'FROM STREETA BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 � 2 2 f 2 3 HEATING INSPECTION APPROVALS • ENGINEE G DEPARTMENT r/ OTHER Z —'— --- _ `to,/ A �^ UOARD OF HEALTH „ WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION TOR HAS APPROVED THE VARIouuS,STAGES OF L RKIS NOT STARTED WITHIN SI' MONTHS OF DATE THE INSPECTIONS INDICATED ON THIS CARD CAN BE CONSTRUCTIOK. RMIT IS ISSUED AS NOTED a80VE. ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICATION. �. .1AG PE .OWN RNS OF BATABLE, MASSACHUSETTS RUILDN RMIT A�250 OOI,;: DATE August 26... H$I PE l" APPLCA e Tb1 ADDRESS N.,:`.. a .a,..'..... . . 1 r :•.'' i" 7NO.) 137gC[YI {' ICONTt�If 'LIFC NSEI PEarliT•Yb,•"Bu��a''five multi frim ly �iw n,s Frame NLMBER:.oF � OWEL'L'ING UNIYS ,;;)-"(ITYPr OF'.IMPROVEMENT) NO. (PROPOSED USE) .•. ' 151 Old Hyannis StrawberryJ Hill Road, HY o zoNlNc , AT (LOCAYION) B. (STREET) DISTRICT ! i.. .. - t NETWEENI AND ... -• •.•...; (CROSS STREET) - .. •..EP.OS$:S . -REET.1.C -.- SUBDIVISION' LOT;, LOT BLOCK SIZE: BUILDING IS 1FO BE FT. WIDE BY FT.'LONG BY 'F'T {N~IjEIGATANO SHA'.L CONFoaMAIN?CCON,STIR UCTION TO�TYPE USE GROUP BASEMENT WALLS•OR'FOUNDATION . .r. . .. (.TYPE) REMARKS TOWN SEWER APPEAL #1987.-Z7 BOND AREA-OR 5 3fZOO' Sq. ft. each building. 2,224,800 PERMIT" 1,440;00 "VOLUME - ESTIMATED COST yS (CUBIC/SOUARE FEET) .S L S Trust OWNER 011 E- t , Hyannis- BU G D ILDINEPT: i ADDRESS tB Y. r � 7 jrAr9{ �t)�fY tr�T� It `' ' -4Ai'x � d,.hi,a = DUll��i C �j•<-r 1(q•: '/r .-`r t�r{ s '� w-�' I^d r ki`r 7Cu I 11..�.r -r,.l_ �'• �-a... r::.c.t V.ni.?Li��t•��°�y� ^� OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR PERMITS CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ALL CONSTRUCTION WORK: ELECTR/.ARE REQUIRED FOR AL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHAN4:AL INSTALLATIONS. i. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(READY TO FINAL INSPECTION HAS BEEN MADE, 3. FINAL INSPECTION BEEFOREFORE F _ OCCUPANCY. POST THIS CARD SO IT IS VISIBLE. FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 I e l� 3 AS HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT ' t ` OTHER _ VI L-L-rpi,r E-` 7 e BOARD OF HEALTH WORK SHALL NOT PROCEED UNTIL THE GSPE F PERMIT W!LL BECOME NULL AND V01D IF CONSTRUCTION RD CAN BE INSPECTIONS INDICATED ON THIS CA TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SI V MONTHS OF DATE THE CONSTRUCTION. PERMIT IS ISSUED AS NOTED 'BONE, ARRANGED FOR 3Y TELEPHONE 09 WRITTEN J NOTIFICATION. s 314 CMR: DIVISION OF WATER POLLUTION CONTROL ; (15) List, in descending order of significance, the four (4) digit standard industrial classification (SIC ) Codes .which best describe the facility producing the discharge :in `.terms .of the principal products or services provided. Also; specify each t classification in words . h SIC CODE SPECIFY I 1 A. C. D. (16) Is the Proposed Discharge Consistent with Existing Sewer Use Regulations : Yes : X No: (17) Is there a site of historic or archeological significance, as defined in regulations of the Massachusetts Historical ' Commission, 950 CMR 71.00, which is in the area affected by the proposed extension or connecton? Yes : No: x (18) Does this project require a filing under .301 CMR 10.00,, the Massachusetts Environmental Policy Act? Y es No :X z If Yes, Has a Filing been Made? Y es No (19) Name and Address of Massachusetts Registered Professional Engineer Designing the Proposed System: Craig R. .-Short N am e 131 Old Route 132 Address ; Hyannis, MA 02601 City State zip. 362-9411 27483 e epnone Mass . P .E. Number ; 19 �1 re 1 �i 314 CMR: DIVISION OF WATER POLLUTION CONTROL (20) Certification "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information sub - mitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for. gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Craig R. Short, Desi n En ineer 362-9411___, ' Name UTTlClal I it le Phone No. r � 11/2 3 8 7 ignature " ate Signed (21) General Conditions (a) All discharges authorized herein hhall be consistent with the terms and conditions of this permit and the approved plans and specifications. The discharge of any wastewater at a level in excess of that identified and authorized by this permit shall constitute a violation of the terms and conditions of this permit. Such a viola- tion may result in the imposition of civil and/or crimi - nal penalties as provided for in Section 42 of the State Act. (b) After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in se including, but not , part during its term for cau to, the following: 1. Violation of any terms or conditions of the permit; 2. Obtaining a permit by misrepresentation or failure- to ... disclose fully all relevant facts; and 3. A change in conditions or the existence of a con- dition which requires either a temporary or permanent reduction or elimination of the authorized discharge. . - 20 - '1 C tr ` r - 314 CMR: DIVISION OF WATER POLLUTION CONTROL (c) In the event of any change in control or ownership of facilities from which the authorized discharges origi - nate, the permittee shall notify the succeeding owner or operator of the existence of this permit by letter, a copy of which shall be forwarded to the Director. Succeeding owners or operators shall be bound by all _ the conditions of this permit, unless and until a new or modified permit is obtained. (d) The issuance of this permit does not convey any property rights in either real or personal property, or any exclu- sive provileges ; nor does it authorize or relieve the permittee of any liability for any injury to private pro- perty or any invasion of personal rights; nor any infringement of Federal , State, or local laws or regulations; nor does it waive the necessity of obtaining any local assent required by law- for the discharge: authorized herein. (e) The provisions of this permit are severable, and the invalidity of any condition or subdivision thereof shall not make void any other condition. or subdivision thereof. (f) All information and data provided by an applicant or a permittee identifying the nature 'and frequency of a discharge shall be available to .the public without restriction. All other information (other than effluent data) which may be submitted by an applicant in connec- tion with a permit application shall also be available to the public unless the applicant or permittee is able to demonstrate that the disclosure of such information or particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets in accordance with the provisions of M.G.L. c.21, s.27(7). Where the applicant or permittee is able to so demonstrate, the Director shall treat the infor- mation or the particular part (other than effluent data) as confidential and not release it to any unauthorized person. Such information may be divulged to other offi- cers, employees, or authorized representatives of the Commonwealth or the United States Government .concerned with the protection of public water or water supplies. I (g) Transfer of Permits 1. Any sewer system extension or connection permit authorizing an industrial discharge to a sewer system is - only valid for the person to whom it is issued, unless transferred pursuant to 314 CMR 7.13. Such permitsshill be automatically transferred to a iew permittee 4 i ..T a Y , Y- .. � i 'C-• 7 fi. 1 4 - 21 - 1 S 4 - j 1 r ` POLLUTION CONTROL 314 CMR: . DIVISION OF WATER A. The current permittee notifies the Director at least 30 days in advance of the proposed transfer date; and B. The notice includes a written agreement between the existing and new permittees containing a speci- fic date for transfer of permit responsibility, coveraage, and liability between them. 2. Any sewer system extension or connection permit not "subject to 314 CMR 7..13(1) automatically trans- fers to a subsequent owner, operator, or occupant. (22) Special Conditions • j ' APPROVAL RECOMMENDED: I Robert O'Brien, Su erintendentof DPW, Town of Barnstable ignature and Title of Appropriate Municipal Officia (P_hone). AFOR ISSUING OFFICE USE ONLY) Date Issued Tirector Division of Water Pollution Control j' 1Yw ! 'r r-ective 0aue or P er.niL 1 A 22 � Jr i i Page 2 January 27, 1588 Division of Water Pollution Control subsequent, which in effect makes it impossible to proceed with the construction intended by the granting of the Comprehensive Permit.". ' Therefore, the way is now clear at the local level for the project to proceed as soon as the permit is issued. However, until we have a Discharge Permit from your Agency, we can not receive a Foundation Permit from the Town to start construction. Since further delay only makes the Town's housing needs worse, your earliest attention and processing of this application will greatly be appreciated by us and the people we .hope to serve. Sincerely, Craig R. Short, Chief Engineer Lebel-Sollows Development CRS/cm Enclosures cc: Robert O'Brien Douglas W. Lebel Jeffrey A. Sollows { {• I • I • .. it 314 CMR: DIVISION OF WATER POLLUTION CONTROL One winter street 7•20: Boston Ma 02108 PERMIT NO: APPLICATION FOR PERMIT TOWN: FOR For issuing office SEWER SYSTEM EXTENSION OR CONNECTION use only: INSTRUCTIONS The application should be signed by the appropriate municipal official , and submitted in tri'plicate, .with the original and one copy to the Division' s Boston office and one copy to the appropriate regional office. The signature of the design , engineer -or other agent will be accepted only if accompanied by a letter of authorization. If connection is to be made to the MDC sewerage system, indi- cate "MDC" in itan 11. If the project includes sewers, pumping stations, force mains, or syphons, construction plans must be submitted with the application. If additional space is required to properly answer any questions, please attach additional sheets and refer to the attachments in the space provided: (1) Name and Address of Applicant: Douglas Lebel & Jeffrey Sollows Stoneybrook Village, Inc. 131 Old Route 132, Hyannis, MA 02601 . -f ; Telephone 362=9411 (2) Name of Sewer System Owner: Barnstable (Municipality or Sewer istrict) . D.P.W. ( epartment -- (3) Type of Project: Sewer Extension & Connect (Sewer Extension or Sewer Connection) J. (4) Number of Residences to be served: 40 Units i� (S) Number of Bedrooms : 100 1 _ yJ , i Id A , t f 1 r LEBEL SOLLOWS DEVELOPMENT CORPORATION, INC. 362-.9411 131 Old Route 132, Hyannis, MA 02601 r January 29;, 1988 ., Fi Division of Water Pollution Control One Winter Street a Boston, 14A 02108 a i {� RE: Sewer Discharge Permit Stoneybrook Village I I} Gentlemen: }' k. Enclosed herewith is our. application for .a sewer discharge permit for our proposed 40 unit housing project on Route 28 in Barnstable (Hyannis) , Mass. This project is urgently needed as can be attested to by the attached letter of support from the Board of Selectmen and the approval of the Board of Appeals for a Comprehensive Permit under Chapter 40B for Affordable Housing. (copy attached) . 0 Due -to the density of this project in a Contribution Zone, the Board of Health has ruled that on-site sept4& systems. can not be used and there- fore the project must connect to town sewers (copy -attached) . The Board of Appeals in its approval listed as a condition that the sewer connection "be coordinated with the Department of Public Works". However; the DPW while approving the intent made in conditional to "a resolution to an existing flow problem in South Street and the West Main Street pumping station" that is, until the State housing Appeals Committee overruled the Board of Appeal's condition. , The Housing Appeals Committee further stated that: "The record discloses that the Town is aware of the housing need, and that this project, as an attempt to meet that need in part, is favorably regarded by the various Town agencies. The record contains a strong letter of support from the Selectmen. The Housing Authority has similarly indicated such support by funding it through the "Teller" program. The record also indicates that a sewer connection to this project will impart the flow problem minimally, and will not constitute a health or safety hazard of gravity sufficient to outweigh the housing need.. The imposition of condition #4 illustrates why the Committee frowns on. the imposition on the grant of a Comprehensive Permit of a condition lip t i, III-�e. 7811. 1 rI'LI. H ;, + Zoning Board of Appeals Deborah G. Howes JUL - ! �'i Q 24 _.................................................................._........ .. ............... ........... Deed ci11l1- recorded in tile ..................................................... Douglas -Lebel & Jeffrey iA SOliowS Count}. Re,,* stry of' Deeds in Book ..._...................:.... Stoneybrook Village, Incorporated ..............._._............................................................................................... 1'etit:onrr Dist -jet of the Land Court Certificate \o, i ,k ........................ Pace Book iPpe:1] \o'. .1987-27................................. YI .............................................................................. 1'+ F I FACTS and DLCISIGN tzh. over Douglas Lebel & Jeffrey A. Sollows._........................................_._._................_. filed petition on :, it i i ............»...............Petitioner x , '^ requesting :a variance.-permit, for premise; at ............. Route 28 & Old Strawberry Hillt r + I _.............................._............................................................ :. he village (Street) Hyannis adioinin- iremises of o!' ...........__............................................................................. ]. (see attached L'st. Ri. Loco: ender co.;sideration: Barnstable Assessors Map vo. ...... 250......._....................._................ lo; no 1 , ..................--Petition for Special Pern)it: Appiication:for Variance: ❑ made under Sec. .................................................................. of the Town of Barnstable i; Zoning by-laws and see. ...........Comftrehensive Permit C'ha])TeI' IO.�! B II:,ss. Gen. Laws for th r to construct forty (40) residential apartments (five buildings e purpose of _........................................................................................................................ ........................_................... with eight (8) units per bldg,) with 307 to be low and moderate income housing. .................._................_..................._................................................-............................ ........... Locus is present]-,- zoned in........R ........................... ............................. \Drive of this hraring was given hr mail- POsta-e prep:Iid, to ;J] persons deemed affected and in' publisitina in Barnstable Patriot newspaper published in Tov,n of Barnstable a copy of «•hich is attached to the record of these proceedings filed v;iih Town "jerk. A public hearing by the.Board of Appeais of the Town of Barvstab'le iva�; iFe1d at the Tomtr Office Building li}aunis. llass.. . ....__.....'.��............... 1'.li. _._..*larch 31_'__........_ upon said petition under Bonin, ' Present, at the. hearin r Were thr• 1'0llowirt'r utvmhers: Ric.... L. Boy Ronald Jansson Luke P. iGllv i. 11 (,)talrlllap ......_........................................................................ ......................................................................_...._...... i 4 r . .................T)� z. .r..... .la s.M...................._. ....... .....__........_........................................... . .............................................. (2) �o r:Appeal No. 1987-27 Stoneybrook Village, Incorporated Attorney Gerald Garnick represented the petitioners, Douglas Lebel and Jeffrey Sollows, principals of Stoneybrook Village, Incorporated who are requesting a Comprehensive Permit under Section 40B, to allow the construction of five buildings to contain eight (8) units per building for a total of forty (40) residential apartments at Map 250, Lot 1, Route 28 and Old Strawberry Hill Road, Hyannis in 'an RB zoning district. , i The locus contains 3.54 acres of land. Five proposed buildings will contain four (4) two units on the first floor, and four (4) three- ;bedroom units on the second floor, for a total of twcnty . (20) two-bedroom units and twenty (20) three-bedroom units. A •tot play area is proposed, and the developer plans to provide 30% of the units (12) for low and moderate income housing. The density is about 12 units per acre. A new Plan dated March 30, 1987 has been submitted. to comply with recommendations of the Department of Planning & Development and the Department of Public Works. Per the new Plan submitted and the suggestions of the Principal Planner, Mr. Dunkin and the Department ,of Public Works, Luke Lally made a motion with the following restrictions: 1) The 12 affordable units beevenly distributed throughout the development and not grouped together in only a few buildings; i. 2) The development be arranged and constructed as shown on the Site Plan of Stoneybrook Village dated, 3/30/87 and revised 4/8/87; 3) The development be serviced by a municipal water supply and be connected to Town sewer; 1 4) Development construction and connection to Town sewer shall be coordinated with Department of Public Works; } ; ` 5) One driveway access to the development shall be constructed on Route 28 within the layout of Old Strawberry Hill Rd. , to State standards and with State DPW approval. This driveway shall be 22' wide constructed to Town standards from Route 28 southerly into the development as shown on the revised site plan dated 4/8/87. This driveway construction shall include, if approved by the State DPW, a westbound left turn pocket and a westbound thru traffic lane to be constructed on Route 28 by adding to the northerly edge of the paved roadway additional pavement as required by State DPW standards; 6) One driveway to the development shall be constructed within the layout of Old Strawberry Hill Road from the southeast corner of the site. This driveway shall be 18' wide constructed to Town standards from the southerly boundary of the site in to the develop- t, ment as shown on the revised site plan dated 4/8/87; 7) Old Strawberry Hill Road shall be constructed from the inter- section of Blueberry Hill Road to the southerly bouncary of the site. this portion of Old Strawberry Hill Road shall be 22' wide e.,. constructed to Town standards and taper to 18' width as it approaches the driveway mentioned in number six (6) above, as shown on the revised site plan dated 4/8/87; ii / At the conclusion of the hearing, the Board tool: said petition under adviscment. :1 vier of the `.` locus was made by the Board. 1987-27 _appeal :�To.---.._....-__------------__.........__------- _...._ Page 3 of June18, ....:_......_..................._......................._ 1. _.8... On ........, The Board of Appeals found 8) In no instance Shall any construction, grading or other change allow for thru traffic within the layout of Old Strawberry Hill Rd. ; 9) Development identification signs shall be installed at each driveway access to the site stating the name of the development and the words "private-residents only"; 10) No street sign shall be installed at the in of Old }!, Strawberry Hill Road and Route 28; t tj 11) Interior parking and drive areas shall be arranged and construc- ted as shown on the revised site .plan dated 4/8/87; 12),. Four speed bumps shall be installed as shown on the revised site plan dated 4/8/87; 13) The vegetated area between the driveways at t-he Eastern portion of the site and extending into the Old Strawberry Hill Road layout shall be maintained. Additional landscaping/screening shall be installed if density of foliage is not sufficient; 14) Perimeter screening and landscaping shall be provided along the West and South as well as fenced in tot lot/play are with appropriate fixtures as shown on the revised site plan dated 4/8/87; 15) During the course of the construction, the construction trucks to exit and enter on Route 28 only, in no case shall the construction equipment run thru the residential neighborhood, and the entrance from Route 28 be installed prior to any construction on the site. The motion was seconded by Dexter Bliss. Luke 'Lally,• Dexter 'Bliss and Richard Boy voted in favor of the motion, with the above restrictions imposed. Ron Jansson did not vote in favor of the r%otion, his denial was based on the intensity: of the project. 1 The petition is granted with three affirmative votes of a four-member Board. I - �•w -_- - � ................. /LSS T Clerk of the 'Ccm:n of Iiarnstabl-�. Barnstable C'uunr}', Massachusetts, l;erehY ecrtif}• that twenry (20) ciati•s "Ilve rlar'sed sine• t}tr i>oard of :Appeals h, renucred its decision in die above cntitlr•,l llcrition and that no aPpoal of said riccisi n has boon filed in the office of the 7`oirn Clerk. 4 s•` A /-7 d' Si;r:cd end; Sealed this ........................ dad of ........................,. .......:.................................... 1J under the pains and �z , ,- pcnalties`of.per,ntn-. C,��� ;' f Uistrihntion:— . ProocrrN' Os:'ucr ors rY ............................ .........._.............................................................................. Ib�:-n Clerk _.__._..._.. ,;.. It at•d of _Appeals .\1)pliCa12t Tnu•n (if Barn l'cr=ans interested y1 i jtuiidin�.- Inspector ' Public Information 1; ........-- ?.............__.................. (��ard oI Appeal s Chairman 314 CMR: DIVISION OF WATER POLLUTION CONTROL (6) Other establishments to be served: (a) None planned Name Address Type of Establishment Design Flow (b) (c) (d) (7) Design Flow-Gallons Per Day: Sewage 70 G.P.D.. x 40 units x' 3.1 '= 8680 G.P.D. Industrial Wastes None Total 8680 G.P.D. (8) Location, Length, Size and Capacity of Sewers to be .Connected to the existing system: (Attach sketch) see plan and profile ( a) Route 28 758'± 8" dia. Name of Street Length of Sewer Size of Sewer Flow Full Capacity Plus 878'± down Old Strawberry Hill Road and Site o� (c) (9) Location, Size and Capacity of Pumping Stations to be Connected to the existing system: (a) Pump Station Location Number—of Pumps ump Size Pump , apacity (b) - 17 - • � till s s, 91 F t ti j THE FOLLOWING IS/ARE THE BEST -, IMAGES FROM POOR QUALITY ORIGINALS) I m DATA r}o. y. q yfla Asp-Qsa�s�!af wd� �FTNE OlQ ..lot number .............S.......... . UST ONNECf 1 O TOWN SEWER ara d-filoor� ��--- number �: . 1.-. ..G•• •7••• .SST X-'r 3 1Yir 2 BasaSTABLE. J er. epa tment (3rd _f;oorl: �� �"� M63 \0r' k Hearin S 0os� 9. enr mber .......................... f. ..� .......................... CEO YPV a' A IC^'� �NS PR ESSED 8:30=9;30 A.M.ry+and 1:00-2:00 P.M. only ,, � • . ,- TOWN OF BARNSTABLE - BUILDING INSPECTOR APPLICATION FOR PERMIT TO ...Build , .( 2...Stor.y....................................................2 L r?„s.................. TYPE OF CONSTRUCTION .........T^1SJ.Qd..Fxil1 ............................................... . .__.. t � THE INSPECTOR OF BUILDINGS: e undersigned hereby applies for a permit according to the following information: a3 a ® .�.. G-t` 01�l .S -- v%b e ter- �; /I /2�. N' a-�•, c s A..s,es is 2.5 tion ......::............:....... .. ................ ...........................: ..........................................' d S ;.- - t3 se,.....Dwellin.gs............5..." B (in.tea,� c �sa��.¢. ........g, a.r'.' ..................... c....... .Fire District 0 gicnl. � t c LS Trust Address .........UYAD.rli.s......MA......�.3:�. r"... .......................................................... y. .......................... ilder .......Lebe.l-S IJows .........Address ....HYa.?� �. .r... -................................:.'.:...-....:... r...................................... �hitect. ..Northside...Des...Design.....................Address ......Ya-rMQ.uth.PQ.rt.c...MA,,.............................. a.. >>f k . Z Z O Number] oms ............................................Foundation ...Po .�C�...GQ. .Cx.ete.................................... r :..-......... Cec Exterior......... t. Shingl.es..............................................Roofing As.pba.lt.....................................:............ : loors 4••• •&G•. ?I.yWOOd ...Interior .S.h.�e.txo.ck..............:. ........................:......... a - - in Gas ..............................................................Plumbing .......P.VC...d71d..C.Ope] ..�3r1t�1S...................... R A � ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Fire �c� .....Ma.Son.TY..........................................................Approximate Cost` L2 ...�.... 400 ANR. C/e•k 1 no� / 7 8-- `r � a� . Eefi�Ti+iro +.Plan b PlanningBoard 19______-- . re .........�?.�. �iagram of Lot and Buildingwith Dimensions Fee ...1./... .. .di........................ 5IB ECT TO APPROVAL OF BOARD OF HEALTH Sri i S OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS 1 hereby agree to conform to�all the Rules and Regulations of the Town of Barnstable regarding the above construction. e .Name ... .................................. Ali -- _+ruction Supervisor's License ...0434 re�rn, ror Build (5) Multi-Fami.. .................. ................. L' - 151 01d Strawberry Hill Road Kation w .H annis )Owner ..�.S...L.... Trust Type of Cinstuction 'Fran►e ......................................`................................... "Plot ........................... Lot �. Permit Granted -..Aucxust %o, ..... ...............19 ' r, _ r Date of Inspection ............... ` Date Completed } .............................19 C" f / I _ rLxz I t Town of Barnstable Zoning Board of Appeals T;: Amended Decision and Notice Modification of Comprehensive Permit No. 1994-24 Petition summary Granted with conditions Appeal No. . 1994-24 Applicant/owner: Founders Court Corporation Address: 460 West Main Street, Hyannis, MA 02601 Property Location: 979 Falmouth Road Assessors Map/Parcel: 250-01 Zoning: RB - Residence B District overlay District: AP - overlay District Property Owner: Resolution Trust Corporation Applicants Request: Modification of Comprehensive Permit Activity Request: Amendment to previously issued permit (1987-27) Procedural Provisions: M.G.L. Ch. 40B, Secs. 20-23, 760 CMR 30.00, 31.00 & 45.00 Amended Decision: On July 20, 1994 at the regularly scheduled hearings, the Board addressed correspondence of July 20, 1994 from Attorney Michael Princi of .Wynn & Wynn, P.C., attorneys for Founders Court. In said correspondence an amendment to page 6, paragraph 2, subparagraph (a) was requested and a motion was made by R. Boy and seconded by T. DeRiemer to accept the recommendation. This amended decision reflects that change and supersedes the previously filed decision of June 22, 1994. The vote was as follows: AYE: R. Thorne, G. Nightingale, T. DeRiemer, R. Boy and Chairman R. Jansson NAY: None BACKGROUND INFORMATION: The 3.54 acre site is located just west of Cape Maid Farms and the Barnstable Middle School, on the south side of Route 28 at 979 Falmouth Road in the village of Hyannis. The development was first permitted in July of 1987 through a Comprehensive Permit #1987-27, that was granted to Stoney Brook village Development, Inc., for 40 units of rental housing as part of the TELLER program. The permit allowed for 5 buildings with 8 rental !:;nits per building, 20 two bedroom units and 20 three bedroom units. occupancy permits were issued for 32 units, with 22 units currently occupied. The fifth building, Building B, was never fully constructed on the interior. 1 Decision - Appeal No. 1994-24 Founders Court The development was foreclosed upon by the Resolution Trust Corporation when sentry Federal savings Bank was dissolved in 1992. The Resolution Trust Corporations three round process for the disposal of real property from the Bank's portfolio was in the second round, offering the project to non-profit housing agencies. The Town recommended to the Housing Assistance Corporation & the Cape community Housing Trust to take over this development and reverse the present course of the project, which lead to the formation of Founders Court Corporation. The complex was becoming distressed housing and in need of a responsible developer to revitalize this development to protect the much needed rental housing for low and moderate income households. "The applicant met with site Plan Review on Thursday, March 30, 1994 to discuss the issues pertaining to the modification of the Comprehensive Permit. The Site Plan Review Committee member departments reviewed the plans and submitted their comments. Procedural Summary: The application was filed in the office of the Town Clerk and at the zoning Board of Appeals office on January 25, 1994. A public hearing, duly noticed under M.G.L. Chapter 40-A was opened on March 23, continued to April 7, continued to June 1 and continued again until June 8, 1994 at which time the hearing was closed and a decision rendered. The petition was heard by Board Members; Dexter Bliss, Robert Thorne, Tom DeRiemer, Gail Nightingale and Acting Chairman Ron Jansson. March 23, 1994 zBA Hearing: Founders court Corp. (AKA Stoney Brook Apartments) Representing Founders Court Corporation were Judith Barnet, the President, Larry Krajeski, the consultant, Gary Lowe, the architect, Joseph Polcaro and Fredric Presbrey members of Founders Court Corporation, and Keith Hamre, Planning Department Staff. A letter was submitted to the file indicating a change in the request for a reduction in density from 40 units to 36 units instead of from 40 units to 32 units. Ron Jansson explained to the applicant that with a modification of a Comprehensive Permit, the Boards concern would be the standing of The Founders Court Corporation. He further asked for a definition of A) How they intend to modify the permit and B) How the plan varies from the TELLER renter program under which the previous owners operated. The applicant explained that the property was owned by the RTC after failure of sentry Bank. The project now would include seven units for very low income (at or below 50% of area median income) and five units for income at or below 65% of area median income. Both of these figures exceed TELLER standards. They will continue to use the property as low income housing for the purposes of Chapter 40B. The applicant explained they were pursuing financing though the state Executive office of Communities & Development for acquisition, and that they have an active application before the Massachusetts Housing Finance Agency for first mortgage financing on the property. 2 Decision - Appeal No. 1994-24 Founder's Court Founder's Court is organized under MGL ch. 180 as a non-profit corporation and they have filed an application with the IRS for 501 C3 status. They will renovate the units to a better standard by completing interior and exterior improvements as detailed in their rehabilitation proposal to the funding agencies, and structural bracing to the buildings will insure the stabilizing of the walls. The previous developer finished four of five buildings for a total of 32 two bedroom units and never completed the fifth. The fifth building has no interior improvements, including no electricity or plumbing. The applicant is proposing to finish the interior for a laundr y -facility, common area for tenant's use only, a lobb y y with elevator, a small management office, a sn;:�f�uture le�--cPb d small kitchen. The other half of the building is for day care cents vconsisting of class rooms, kitchen and office. � wou a expanded for a day care classroom with a slider off the downgrade for access and a stairway to the main floor. The rest of the basement will be for utilization of mechanical equipment, furnace, etc. and storage. The upper floor will later be apartments four units of two bedrooms and a loft. The only additional exterior improvements would include handicap entrances. The applicant's plans for the daycare facility include a capacity as licensed by the office for Children of 19 pre-school and four infants. Day care will be for tenants first with remaining spaces filled by others outside of the complex. The applicant discussed the public safety issues around the request for closing access off from Route 28. The project's financing should be in place by mid-summer 1994 for $450,000, with $100,000 for windos replacement and $372,000 as a base price for improvements, landscaping and structural repairs, new deck railings. The rehabilitation work will commence shortly after the loan closings. The Planning staff outlined the RTC's restrictions on twelve of the units for forty year period, and that a condition of the EOCD grant would require the town to obtain a similar forty year affordability restriction on the other twenty units. The applicant outlined the rent schedule with rents are between $550 with all utilities for 2 bedroom, and for 2 bedroom with loft $625.00. We would propose to reduce the rents on 12 units so that they are affordable to very low and low income levels. Maximum rent for 2 bedroom for very low rent is $434.00 without utilities. Second tier grant is about $495 for 2 bedroom and approximately $565 for 2 bedroom with loft. RTC restrictions state that rent not to exceed 30% of the qualifying persons income. The applicant added that the new building will create a community area that was previously not there. The day care center will help mothers who work, the road design will make it safer., landscaping will make it look better. Additionally, as not previously done there will be a strong management presence. 3 Decision - Appeal No. 1994-24 Founders Court The ZBA requested a discretionary review by the site Plan Review committee. A letter (in file) from Lt. Hubler of the Hyannis Fire Department regarding closing off Route 28 access, 'which he opposes, was read into the record. Mr. Jansson then asked for public comment and Rosilyn Margal spoke to oppose closing the access to Route 28. April 7, 1994 ZBA Hearing Canceled due to request by the applicant. June 1, 1994 ZBA Hearing: This hearing was postponed to June 8, 1994 at 7:00 P.M., as requested by the applicant. However, certain public comment was allowed by Chairman Boy. Chester and May Buck spoke to express concerns for the traffic problem caused by this development. children walking to and from school are in danger because of high speed vehicles. Police can not patrol this area constantly. . Rosalind Marigold was also present to express the same concerns. June 8, 1994 ZBA Hearing: Representing Founders Court Corporation were Judith Barnet, the President, Larry Krajeski, the consultant, Joseph Polcaro and Fredric Presbrey members of Founders Court Corporation, and Keith Hamre, Planning Department Staff. Concerns were raised regarding the day care center proposed for the residents and for non-residents on site. Additional concerns were raised regarding emergency vehicle only access on Route 28. Correspondence from the Cape Cod Commission was read into the record. The applicant stated it would be difficult to keep the day care center restricted to on-site residents because of the licensing requirements. The applicant assured the.Board that the residents would given first preference for the daycare. The daycare center plans were changed due to limited funding, therefore the use of the basement area was eliminated from the day care program. Also, the applicant stated that restricted access from Route 28 would only result in greater traffic on the west Main Street entrance/egress which would be just as bad or worse. other issues addressed included the office space, which will not be used for commercial purposes. The applicant stated that Founders Court would use the community space for HAC, which runs many programs for low income people. Founders cdurt will continue to pursue funding to complete the plans for Building B through grant and loan programs. The number of children for the day care center will be 19 plus 4 infants and toddlers equalling 23 children total. There will be 3 to 4 staff people for the 19 and 1 staff person for the infant and toddler group. There will be no after school programs. The day care center would be operated by a contractual non-profit group. 4 Decision - Appeal No. 1994-24 Founders Court The applicant stated that all State Building codes and Fire codes would be complied with in the rehabilitation of this development. The applicant presented a commitment letter for first mortgage financing from Massachusetts Housing Financial Agency. The applicant said the RTC had extended the Purchase and Sales Agreement until June 30, 1994. Mr. Jansson asked for a copy of the extension for the file. Mr. Polcaro said he would provide one. FINDINGS: With regard to standing: The applicant Founders Court Corporation, has standing under MGL Chapter 40B to seek Modification of the Comprehensive Permit granted in Appeal number 1987-27 because: 1. Founder's Court Corporation is in fact qualified as it is a Corporation under M.G.L. Ch.- 180 and has received a letter from the Internal Revenue service qualifying it as such. 2. Financial commitment for a first mortgage has been obtained through the Massachusetts Housing Financial Agency. 3. The petitioner has presented evidence of a Purchase and sales agreement from the RTC and has provided this Board with a copy of the P&S extension. VOTE: AYE: Robert Thorne, Dexter Bliss, Tom DeRiemer, Gail Nightingale and Acting Chairman Ron Jansson. NAY: None FINDINGS: With Regard to Local Needs: 1. This project is consistent with the needs of the Town of Barnstable as there is a critical lack of dedicated affordable housing and this project will contribute 27 affordable housing units. Additionally it will decrease by 10% the intensity of development from 40 units total to not more than 36 total units. VOTE: AYE: Robert Thorne, Dexter Bliss, Gail Nightingale, Tom DeRiemer and Acting Chairman Ron Jansson NAY: None. MOTION: Based upon the Findings & Testimony given during the proceedings, a motion was duly made and seconded as follows: To grant a Modification of the Comprehensive Permit granted in Appeal number 1987-27, in accordance with MGL Chapter 40-B for the development of 36 apartments to Founders Court Corporation as proposed in a plan titled; 5 Decision - Appeal No. 1994-24 Founder's Court Founders Court Hyannis, MA, dated; March 31, 1994, that illustrates rehabilitation of 5 buildings for 36 multi-family units with a management office, common area, laundry facilities, and daycare to be located on 3.54 acre site referenced as Assessors Map/Parcel Numbers 250/1, also known as 979 Falmouth Road. Inclusive in this granting are the following Modifications to Comprehensive Permit #1987-27: 1. A reduction in the density of the development from 40 units to 36 units of rental housing, and 2. A copy of the recorded deed shall be delivered to the file that shall include a restriction that 27 (that includes the 3 of the 4 units to be developed) of the 36 residential units shall be for low and moderate rentals for a period of not less than 40 years, which incorporates the RTC restrictions. This restriction shall be reviewed prior to its recording by the Town Attorneys office for compliance with this decision. Upon satisfying these terms, the following conditions shall be imposed on the project for its development and operation. This Modification (#1994-24) shall supersede the previous Comprehensive Permit #1987-27 to the extent that any previous modifications of any of the terms or conditions in the original permit 1987-27 that may conflict, will be superseded by the new modifications. 1. The total maximum::number of dwelling units on site shall be 36, and the minimum shall be 32. The 4 units being proposed within Building B shall be completed within 4 years of the recording of this decision. If progress on constructing these units is not made, then the development shall be limited to 32 units. 2. All units shall be 2 bedroom units, 20 units shall be 1,012 sq.ft. in size and 16 units shall be 707 sq.ft. in size a. The rent for units designated very low and moderate income households shall not exceed 30% of the maximum monthly income for a household in that category. b. The unit mix shall be as follows, with very Low income defined as less than 50% of the Area Median Income and Moderate income being less than 80% of Area Median Income: at 32 Units at 36 Units Size(squat) Income Group 4 4 707 Very Low 3 3 1012 Very Low 8 8 707 Moderate 9 . 12 1012 Moderate 4 4 707 Market 4 5 1012 Market 3. The basement areas shall not be finished as living areas. 4. The development shall be improved and built as per plans submitted to the Board, titled; "Founders Court Hyannis Massachusetts" for Cape 6 Decision - Appeal No. 1994-24 Founder's Court community Sousing Trust by Lowe Associates - Architects Inc., revised dated March 31, 1994 and consisting of the Cover Sheet (T-1), a Site Plan (L-1), Building Alteration Drawings .(A-1 through A-13), Building B Structural Framing Drawings (S-1 and S-2), Plumbing Drawings (P-1 to P- 3), Seating (S-1 and S-2) and Electrical Drawings (E-1 to E-4) . 'Except that the following changes are imposed by this Board. Those drawings are to be revised to reflect this decision and the revised set submitted to the Boards file, upon approval by the Building Commissioner. a. For Building B the residential entrances shall be separated from the Day Care entrance. b. The shared residential/office foyer of Building B shall include security partition or doors at the elevator shaft capable of closing off the hall corridor during late night hours for added security. C. The common stairways to the loft space shall remain for fire protection purposes. d. Grease traps shall be installed in all common kitchens as per the specification of the Board of Health. e. The basement ceiling shall have a 1 hour fire rating and the wall separating the daycare facility from the common area will have a 2 hour fire rated wall. 5. In. addition to those structural improvements and repairs itemized in the plans, the applicant shall improve and upgrade all windows to thermal or double glazed units, repair all siding, trim and roof shingles as needed, and repair all exterior and interior doors, stairways and porch areas. The applicant shall repair all unit interiors as may be needed. 6. All facilities shall be served by public water and Town sewer. 7. During the course of construction, all construction vehicles shall enter the site only from Route 28. 8. Building B shall be limited in use to storage and mechanical space only on the basement floor, residents laundry facilities, a tenants common area, office for Founders Court Corporation and site management, day care facilities and its office on the first floor. The second floor shall be limited to the development of a maximum of 4 dwelling units and no other use. a. The maximum operating hours for all first floor uses shall be from 6:00 A.M. to 11:00 P.M. b. The interior layout of the daycare, management office, laundry and common facilities shall be per plan, with a locked door between the daycare area and the rest of the first floor uses. There shall be two separate means of ingress and egress for the first floor of each end of the building. 7 Decision - Appeal No. 1994-24 Founder's Court C. The laundry and common facilities shall be restricted for use by the tenants only not for the general public, and means of limited access (ie. key system) shall be installed. d. The management office shall be limited in occupancy to no more than 1 staff person and 1 maintenance person. e. The daycare facility shall be limited to, 19 Pre-school children ages 33 months to 5 years and 4 Infants/Toddlers ages 6 weeks to 33 months. The maximum total daily enrollment at any time shall not exceed 23 Children with not more than 5 Daycare Staff. f. The daycare facility shall be operation by a not for profit organization and resident's children will be given first option of attendance at the day care facility. 9. All vehicular ingresses and egresses to the development shall be from driveway access to Route 28. Access from Old Strawberry Hill Road on the southeast portion of the development shall be eliminated with a fence placed on the owner's property to restrict vehicular traffic, said fence to be so designed for public safety access. 10. The plans will include increasing the landscaping on-site to include the addition of 30 (2" caliper) trees to be nurtured to maturity. The grounds and buildings shall be maintained to present a quality development. 11. The approved plan represents full development of the property, any further development, expansion, change in use, modifications or additional accessory uses and any change in the master deed will require zoning Board of Appeals approval. 12. This Modification to the Comprehensive Permit is also subject to the following: a. Conformance to all Massachusetts state building codes and the issuance of a Building Permit and Occupancy Permit from the Town of Barnstable, Building Department. b. All Town Health Department regulations. c. All requirements of the Hyannis Fire Department and all applicable Code of Massachusetts Regulations. VOTE: AYE: Robert Thorne, Dexter Bliss, Gail Nightingale, Tom DeRiemer and Acting Chairman Ron Jansson NAY: None. ORDER: Appeal No. 1994-24 for a modification to Comprehensive Permit 1987-27 is granted with conditions. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, section 17, within 8 Decision - Appeal No. 1994-24 Founder's Court twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. Ron S. Jansson, Acting chairman Date signed I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this lei, day of 19 under the pains and penalties of perjury. QJ � Linda Leppanen, Town Clerk Copies: Applicant Building commissioner Board of Health Zoning Board of Appeals Files TOWN OF BARNSTABLIZU ZONING BOARD OF APPEALS MODIFICATION IN SCRIPT 91 U 29 DECISION AND NOTICE 1994-24 At the September 21, 1994 Zoning Board of Appeals Meeting: A Motion was made by Ron Jansson with reference to modification of the Comprehensive Plan 1994-24 Founder's Court that paragraph 7 of the . ,.- conditions be reflected to read as follows: " "During the course of all construction, all construction vehicles shall enter the site only off Route 28 onto a portion of Old Strawberry Hill Road into the site as shown of said plan." 'He' also moved to modify paragraph 9 to read as follows: "All vehicular ingress and egress to the Development shall be from the access off Route 28 onto a paved portion of Old 'Strawberry Hill Road -into the Site ,as shown on said plan. Access from Old Strawberry Hill Road on the southeast portion of the development shall be eliminated .. with a fence placed on the owner's property to restrict vehicular , . traffic, said fence to be so designed for public safety access." Second: Tom DeRiemer. VOTE: AYE: Tom DeRiemer, Robert Thorne, -Gail Nightingale and Chairman, Ron Jansson. NAY: None. . Respectfully Submitted, i D ane Kentfield, ecretary Zoning Board of Appeals - September 29, 1994. 4 �8 (L.s So.oo L C� I n w� \ to P �x LV ti , �v 14 F ! S ST CE-,P_ T/F/�-D SLOT /�•L A/y P)e E PA)e E D Fo R: 9/l-+ r(88 es c- T>ATCv .�SLY S, 19 CMG �1� STow+ET®R ooK S �/��`a�"� �►dG. PKEPA26D gY .1.Nl.Mo�►e�.H+.r+ SQ 4SSo�, �E�/E�.opha�T Ccz, _ /✓�GEB� CELT/FY TN/77- 7-"C- BCJ/LD/�!F St-/oY✓AJ O.V Ts,//S 40C-497-EO C>A/ TA/E •��A OF Mqs JOHN CD MCE EE -' ohwn �:. 8/,cam en9in�eerir�9 � z c"OciTE GA -Yx�e�t�lOVTf/, .N�4��. aAr.e �:�.,iti va sci�vr row �o roe )A).)S . 367 Mi. Sl,..l, .�Uyu„n��, Mats. 02601 February. 12, 1987 Mr. Douglas Lebel Mr. , Jeffrey Sollows 131 Old Route 132 i Hyannis, Ma. 02601 Re: TELLER Affordable Housing Project . Old Strawberry Hill Road Dear Mr. Lebel and Mr. Sollows: , We. are writing you this letter of support for your TELLER application to The Barnstable Housing Authority relative to the de velopment of the above property. We recognize that the BHA is concerned about any development' s readiness to move forward quickly, and we also realize that you will be seeking a Comprehensive Permit from the Barnstable Zoning Board of Appeals this month. In that regard, we want to state our support for the Comprehensive Permit application process. Provided that all required information is furnished in a timely manner, we do not believe that your application will be unduly prolonged nor denied because town officialsrecognize the overriding need for affordable housing in Barnstable. We hope that the BHA will review your application with this in mind that the Town of Barnstable will be responsive to your application and insure that it moves forward as provided by law. Sincerely yours , JCK/ab Board of-Selectmen Town of Barnstable L$ ���� Q=sa•oo� r / TJJ t Z3Z.4. t GXt�, Fouun. � Zgcv 4,Q 4-• : J r � � M . a i I J.s� 27174� � Al wl � EXIST. J � P i 174 00 ZOL4kl { / Lad S e t. �Gfo SULt6T7•C �--_ - pEA,5� Mg44 q�o Z4Y Z. CEieT pR E PA le E D FOR: L 0C.'::i7-/OA.1: 19 vc-D'-rr"WB r-L�t��w to.�LIYAmi4s • �C�7 L E : � ••-. SD , Doi Tt: buCx . Z4�19$8 LC Zj�l.r - Lj d(..1�0 t.�1 Ae EFEe4—A1cEL: ?C a" V4TE17 SUl.1( so 190g FOK, 4Yoiuc�(SII�cap� Ytt.+.- Gr ,ilie— PALe-P blC ),.N. iAost4ti-1�,�Z. i4'sSoL. _ /NECE61r/ CEGT/FY T/-/qT TINE eUTA-01414, S r/owti/ O.-/ 7'f,/lS PL Ate/ /S LOCJqTEa O.V TA/E yBoti.VD AS �a/O aV.V NEGEG�t./. - - ``H OF Mgs�`y JOHN z McELWEE : wra c��� en inr-in N No.33602 {4 0 i,F C/✓/L E4./G/.VEEt3�. /�, // �O ,p L Ao✓a .St/!✓6YOv3 8 %1a8 Is 5 �t�OcJTE Gla—`/x7eMOCJTi-I, Mg33. aArr .eCG. scit ✓oc f ��' Q=sa•oo� N � l I rI � n I $b,„,�.� r l 5$ 12-atco e.,Q 4-. J � M a i a i cl,&OV`` Z7"q4 A0 4'7+ ' ff 1r m ! m ZULiErrcE / NIBS pQq >` 4 .V. A=01.AU/V PREPARED Fo P: L O C.44 T/O.V:lt.o�Tts za vt_D 4re4 wBE�R�[�daa•is, yY4u.rr S SCALE : ••- aa ' D.47-4LO6: d►�* Z4�19$8 Lt2j�lr - G7OLl�t�1� �EFEect/cE: 'Pc.a�1 vATrs►7 Su�Y s, t90g Fog. vro�uc�lSII.�a� ����L.o�M�►`1 r 2 I/ELE6Y� GEGT/FY THAT 7-Ao'4& BV/LD/4/4ri /S 400097 eC O.V T.NE .qS 3rN0 W.V NELEO.V. Of Iy JOHN cy� o�own c8�e Gn �r'aeCrir� o McELWEE 9 No.33602 Lii.Va SG/L�/EY0o3 8/�i�QQ 9 1$ S - cOcJTE G�q-`/f�.eMOc/Ts,�, Mg53. !(a.4rtUw .eCG, scit�/rt<yo� s s , STA.T� W,&L TE.Z s` N !n � _Q o� ill f 41 o ' A.l l\J"��• Cps ! � 4y � 3 ` V �rkE Q fag- Z4--[ - PIeE PAR ED Foie: Etc ZS aso rx.c�S�reawB �Diu NYaut,11s, tire. LEB -L- I"= Bo' mart: Exs iz- 190b DE�EI.OPNIEt�i1v P• .eEFEe�•VCF: � _ 'RA4,►DaTm Juu f S, t9 ee roe- 5srotsie( eco�- �[s��a�E,t Plc..�Pa�.o 6Y J•M.Irlouae�aN-�e�45so�. = f�ECEBY CEBT/FY TN14T TINE d(J/LD/.t./ri O.t/ 77/-I/S O4 AQAl /S LOC-097-Ea aAl THE G2oua./t� AS 3NOW.t/ HEGE`C�tJ. �,r�hh.t� jIC %/i L EVe-- .!EELS _ L.4�/D ScitdEYOQ3 �_// fL/�j F `fLt� - 314 CMR: DIVISION OF WATER POLLUTION CONTROL (10) General Description of Sewers and Pump Stations within the . existing sewer system which will transport the flow from the proposed sewer extension or connection to the receiving Wastewater Treatment Facility: Existing -system starts at Route 28 ovnosite' th nortfiQrLY , leg of Old Strawberry Hill Road, thence along Route 28 i thence across Country to West Main Street, thence to the! 1 , West Main pumping station then by Force Main and gravity along South Street thence by Force Main to the Waste Slater Treatment Plant. (11) Receiving Wastewater Treatment Facility: Name: Barnstable Average Daily Flow: 1 .3 Million' Gall-ons Per Day Design Flow: 4.2 Million Gallons Per Day, F n (12) Does the discharge contain any industrial waste? Yes No X z If yes, list any pollutants which you know or have reason to believe are discharged or may be discharged. For every, pollutant you list, please •indicate its approximate con- centration in the discharge and any analytical data in your possession which will support your statement. Additional wastewater analysis may be required as part of this applica- tion. (13) Does the discharge contain any industrial waste containing substances or materials which could harm the sewers, wastewater treatment process, or equipment; have an adverse effect on the receiving waters ; or could otherwise endanger life, limb, public property, or constitute a nuisance? Yes No X (14) Do the wastewaters receive any pretreatment prior to discharge? ,rs, I X Yes No HYANNIS FIRE DEPARTMENT 95 HIGH SCHOOL ROAD EXTENSION HYANNIS, MASS. 02601 RICHARD R. FARRENKOPF �q BUSINESS: 775-1300 . CHIEF Swope Oetectvzd Save 4iG%d EMERGENCY: 775-2323 January 26, 1988 Craig R. Short, P.E. Lebel Sollows Development Corp. .131 Old Route 132 Hyannis, Ma 02601 Re: Stoney Brook Village Dear Mr. Short: In reviewing the plans for the above location, Chief Farrenkopf and I with to remind you of the following: 1. All outside egress stairs are to be covered with a roof to shield them from ice and snow. 2. Fire coded sheet rock shall be required behind the fiberglass tubs -on all party walls. 3. A five pound ABC fire extinguisher shall be required in the following areas: basement corridor, first floor corridor and second floor corridor. Please find enclosed a copy of the fire alarm requirements and a copy of the order form for the key boxes of which we have sent to Harry Bowers Electric. Also, we have been in contact with the Barnstable Water Company and we are relocating the fire hydrants. If either Chief Farrenkopf or I can be of any service, please feel free to call. Since.r y, LEST D. MASON, Deputy Chief Hya his Fire Department For: RICHARD R. FARRENKOPF, Chief Hyannis Fire Department i.. LDM/md encl. f i ' �i . r • HYANNIS TIRE DEPARTMENT 95 HIGH SCHOOL ROAD EXTENSION HYANNIS, MASS. 02601 RICHARD R. FARRENKOPF BUSINESS: 775-1300; CHIEF Sowhe !Oeteataed Save 4 ved EMERGENCY: 775-2323, j j January 26,, 1988 i Harry: Bowers Electric 54 Head Of Bay Road Buzzards Bay, Ma 02532 Re ! :Fire Alarm: System, Stoney Brook Village Dear Mr. Bowers: The; following shall be required for the fire alarm system for the .five buildings at the above location: All building corridors, first floor and second floors shall have two system smoke detectors, horn light on each floor and a pull. station on- first floor within six feet of the front entrance. All units on first floor shall have a system rate of rise heat detector within six feet of the entrance inside the unit door. Each unit shall have a local smoke detector in the hallway near the- bedrooms. All second floor units shall be the same as the first floor units except the loft shall have a local smoke detector located at the top of the steps and tied to the smoke detector in the hallway near the bedroom. The storage area off the loft bathroom shall have a system heat detector rated at. 1900 fixed temperature. The attic area above the common hallway shall have a system smoke detector. Basement areas shall have two system smoke detectors in the common hallway.. Each of the five rooms in the basement shall have a system smoke detector. Inside each building entrance way a control panel with four (4) zones shall be installed with zones marked: basement, first floor, second floor, .and attic. Each front entrance shall have a flashing light and horn to indicate that the fire alarm has activated. ' ! •1 3 ltr, Harry Bowers Electric, 1/26/88 'u If the building entrance doors are to be locked, then a key box will be required .for which we will supply order forms, please find form attached.. If either Chief Farrenkopf or :I can be of any help, please feel free to call. Sincerely, . LES ER D. MASON, Deputy Chief For;: ' RICHARD .R. FARRENKOPF, Chief Hyannis Fire..Department ' LDM/md Is £ cc: Craig R. Short, Lebel-Sollows I encl. 5 I j i I .. i 1 S. F 3 ( i r i COM.`IONWEA LTH L MAS.SACHUSE TTS HOUSING APPEALS COMMITTEE 11 try{l�'F.¢ p - • Douglas Lobel and { J .ffr'ey .A So11ows S!t o nloy broolc Vi :1 ] age Inc Appellant DECISION tt s 4ati;ti:s 4 ' Barnstable Board of Appeals , Appellee This is an application for a Comprehensive Permit '< submit tel by the Applellant. to The Barnstable. Board of a A. .ppe'Js ( The Board ) . After due notice and a • � publ i`c a �rl hlearinCD .The Board issued a decision Q y. oranting the t C,ompre11011S ve Permit . The Comprehensive Permit was made subject to fifteen .i condit. i.ons as set out in ,the d cc.ision . To all, except I. 4 ` one , the appellant has agreed . a u The appellant requests relief with ' respect . to Condition L which provi.des as follows : { "4 ) Development construction and connection to Town i sewer shall be coordinated with The Department of Public s it Wo•rkS .n A letter from The Department of Public Works to The Board of appeals , dated July 13, 1987 indicates an i approval and an intent by Tile Board of. .Public Works to make the sewer connection, but not until there has been I 4 .� i ... ..,1 � 4 fy din 4 f y.r�'7'X•t y ., .. yam..• � r �,f"r'b�' h � (� a resolution to an existing flow problem in South Strut . and the H'est. 'Main Street pumping station . The appelants allege that this in fact puts a veto on the -construction of the project since construction cannot proceed without a sewer connection permit . The appellants have therefore brought this appeal to the Housing Appeals Committee asking relief from this condition which they allege to be uneconomic . The record discloses that the Town is aware of the housing need, and that this project, as an attempt to meet that need in part, is favorably regarded by the vario'u.s Town agencies . The record contains a strong letter of support from the Selectmen . The Housing Authority has similarly indicated such support by funding it 'through the "Teller" program . The record also indicates that a sewer connection to this project will impact the flow problem minimally, and will not constitute a health or safety hazard of gravity sufficient to outweigh the housing need . The imposition of condition 7#4 'illustrates why the Committee frowns on the imposition on the grant of a i �. Comprehensive Permit of a condition subsequent, which in effect makes it impossible to proceed with the i , . ; construction intended by the granting of the Comprehensive Permit . f I s ii F s.. the... judgement of the Committee ,- therefore that the imposition of Condition #4 will render the project uneconomic . The condition is deleted from the i I order of the Board . The Department of Public Works is directed to issue the necessary .sewer connection permit In all other respects , including the imposition of the _ remaining fourteen conditions , the decision of the Board is affirmed . F,v j3 f HOUSING APPEALS COMMITTEE - j 1 J, By Maurice Corman, Chairman • i I i I vtF i i f t C. R. SHORT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING A This 11.4to certify that I have inspected Building A of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets . 3. The main girt was constructed of three 2"x10"1s instead of four 2"x12" 's but lally. columns were added mid span along with a 2"x6' wall to com- pensate . Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours Craig . Short, PE Civil Engineer CRS:ps ye : - i r C. A. SHOAT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING D This is to certify that I have inspected Building D of the omplex and that structure s Stoney Brook Village croved plans by NorthsideDesignwith constructed per the app the following modifications: 1 . Emergency access was provided from the lofts , by addition of a stairway in the common areas. in the 2. Closet were essdtod third floor the furnaceoffthe closets provide Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours, Craig R. Short, PE Civil Engineer CRS:ps w3a�t1 pF ��s a CRAIG SHORT CIVIL rn� III d r Please knnt—Act Attorney Jol-n F. o- Mc:L9ugit).in & FC>lan, PA.C. at. �rP )A1 2-9 00 apc;n r.ecr ipt of this subpoena. EST PIF q'VPa"Y14f7, IPue, 9TANoARD LAW e.Af XC TON - MACC, 0— 4v4 (SOM111011bovI10 of 5's"IcIlu3£4ts ...WR STABLE.............. .............. . ..ss. to . ....'nati11z .of. Baz-1zs.table.......... . ........ ...... ...................... ...... .. .. ... ..... .....Au.i,),ci,i ng lk.partment. bm Office Buildingn . ait an I th nquiubt ira oi.e rar'ime of T1LC 00M,7n07Lu'eQitit, of-.4fasscrchu•st-My. to appear ceforb th®:....„.,Soper?or Court L�partneent of the Tr-ie) Court holden at.. .. Ba�ri�table with:Ln and. for .0kc co(Enty Of. Barn,,;table oat the.... - ..nth.... dad of. f'ebruary,. 1993, .. .. ..... ... .... ........ut _...... ..... . ....r4,ne..... o'clock in. the fore noon,and. from &I...y to d(z.y the rda/7.1er, zan.ti-l• the action herefonafter +r.umed 48 keard by gaid Court, to <ive evidence of i-(;hat you knuw relali?if to an. action of............_19rtl.......... ...............then, and there? to be ILea,rd and tried. between.. .................. ............. Stoneybrook Village, Inc., Pl<zintt f , and .......... ... O'Brien's .Centervi.11 Trtsur�nn l�gency , .,Defendant s ,and Inc. et ai, you are further required to Grir,f with wzr. .., .- ..all.....reeords,, including but not limi.ted..to .......... of Occupancy for. buildings A, B, C, D, and E located at ... .. ....... ... ......3.t0ncyh.Y.QOl;. Vil-lagc:, Inc. , .151 old. .S.trawlx rry..Hi l..} Ra:.3d,. Hyannis, M �Ghu c tts, „grid subject. o buildings an t:..No,....3.220. .•...............I........... ............................. ............. ................. _ ._......... ........................ ............................................. urd fail nd. as you will an.surer yoLcr dt:fuu.lL. under the pains (I)Ld penalties in. tyre law i.n tltal behalf made and provided...... . 3rG 'tt� iY ...... ✓ .5. ......, ..,t) e . ... o ... ' U. - K 4.1. D. 19 93. _ Notary u tie-�3Ltidi�l4S�iL� `. My OwaLission e re3s: TRACY M.SMITH,Notary Pubk My Commis DO%Oct.1Z 19% r� C. H. SHORT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 1 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING E e This is to certify that I have inspected Building E of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets. 3. The main girt was constructed of three 2"x10"'s instead of four 2"x12" ' s but lally columns were added mid span along with a 2"x6' wall to com- pensate . Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code. Very truly yours, Craig R. Short, PE Civil Engineer CRS:ps •,ir 4n: C, R. SHORT, PE / 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING C This is to certify that I have inspected Building C of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: i . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets. Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours, Craig R. Short, PE Civil Engineer CRS:ps "4_ ;i?la is nr o�TME TOWN OF BARNSTABLE 322d8 Permit No.4 BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash ' uv HYANNIS,MASS.02601 Bond ................ CERTIFICATE OF USE AND OCCUPANCY Issued to S L S TRUST (Stoney Brook) Address $UI,LDING A 1.51 Old Strawberry Hill-Road Hyannis ` USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE- BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN } REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. r - October 27 89 .... , 19................. !!........,. .............................. Building Inspector pf THE TOWN OF BARNSTABLE "32.208 � Permit No. .... ............. • BUILDING DEPARTMENT D°8:& TOWN OFFICE BUILDING Cash t ,63q. HYANNIS,MASS.02601 Bond CERTIFICATE OF USE AND OCCUPANCY + t Issued to S L S TRUST (Stoney Brook) ' i Address 'BUILDING A 15I _Old Strawberry'-'Hill-Road Hyannis 4 ,; .. USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT'WIL1!NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE'MASSACHUSETTS STATE BUILDING CODE. October z , 19..fig........ A Building Inspector ti: �.. ,�,.-+rn.-mmr.,M;.r .�..,..r+rr."...�`i. :'cY:.. ,3. _... ��...PCFW,r'lY'r4::':i-;yv..x<�Yv-�w,s-•r:�,v�.'.' ret'rwaFa^^+"-,svfi'.+,.!"""w„'. rR...y„`."'#=-."`.rep.--. .. � .s. . e.-n• .X � .. of*NEto TOWN OF'BARNSTABLE Permit No. ..32208 BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash �teiuv ' HYANNIS,MASS.02601 Bond ................ CERTIFICATE OF USE AND OCCUPANCY Issued to S L S TRUST Address Building "C" 151 01d Strawberry Hill Road Hyannis , USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT SWILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN. REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. January 5 , 19....90......... E -�- . .. . Building Inspector Y �. .. -..... _..--. M ..- f+v"..wY.4"iwli.,j. '. '��0..rlkrr.v- r...w-rr..y�...R.rr_v...v++.R+,.ra�•a'..^',..-.a..-�.evTt —..��.....w-...�,r.','.Y+ r ... .u-... --� } otTxr�� TOWN OF BARNSTABLE Permit No. .. 322C38 • BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash ................ HYANNIS,MASS.02601 BondFF-t �,............... CERTIFICATE OF USE AND OCCUPANCY 41 M - Y` Issued to i S L S TRUST { h Address,'-', Building "C" 151 Old Strawberry Hill Road 4 Hyannis n USE GROUP FIRE GRADING OCCUPANCY LOAD 1 THIS PERMIT1WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY T1IE BUILDING INSPECTOR UPON SATISFACTORY COMPLI.ANCE WITH TOWN. REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSA'CHUSETTS STATE BUILDING CODE. ' / ! January 5 - 9{} 19................. �� r.. Building Inspector . y 4 A TOWN OF BARNSTABLE Permit No. .....32208 BUILDING DEPARTMENT ' TOWN OFFICE BUILDING Cash ' ouv HYANNIS,MASS.02601 Bond ................ CERTIFICATE OF USE AND OCCUPANCY Issued to S L S TRUST c Address Building E 151 Old Strawberry Hill Road ' Hyannis USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY-THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND INIACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. November 3 89 .......................... 19................. .............................. Building Inspector ,r u;Z� =:tea::;.,,:..,r,...:.ya �,.:�.:�,:.�`y.,�:,,Y��"'�.j�'• .;.::•.,.."'_"';q,r,� �_�v:.. e. ;._...._;aw..,.,- ;,-... Y. • . ...,,�y. .. . ... _.. .. 114 v o k TOWN OF BARNSTABLE Permit 32 No. .........20.8... .... ° BUILDING DEPARTMENT ` r TOWN OFFICE BUILDING., Cash HYANNIS,MASS.02601 Bond ................ CERTIFICATE OF USE AND OCCUPANCY t. Issued to, S L S•TRUST 4 1 Address Building F 151 Old Strawberry Hit Road '' w E + Hyanrais�� USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID; AND THE BUILDING .SHALLNOT,BE OC UPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH .TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. November 3 89 �� 19................. . .. t..... .............. . Building Inspector i AC:,� 3 TOWN OF BARNSTABLE .Permit No. 32208 BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash N� moo•++ HYANNIS.MASS.02601 Bond CERTIFICATE OF USE AND OCCUPANCY k Issued to S L S TRUST Address Building "D" Units 1-8 151 Old Strawberry Hill Road Hyannis, Massachusetts USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND.IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. November 7, 19....89........ zv__, / .....:/ .... ............. Building Inspector � IL '0jr.r....-�v.;.�=�-�...-,'"ti��n��%.•'%�.`',--..,Y.t;., .--r-.c�.....d-..,�4.rS....+.y.,F.-,C" 1i ,fir ...` 'V�'i`�4..... ::.. ,vB,�. „ p�TM[>0. � SOWN OF BARNSTABLE .Perm It No. 32208,,,,, r BUILDING DEPARTMENT �1 s 1 TOWN OFFICE BUILDING Cash �YL HYANNIS.MASS.02601 Bond N�A....... CERTIFICATE OF USE AND OCCUPANCY „ Issued to' S, L S TRUST Address.� Bu oilding Dn Units 1-8 151 ' Old Strawberry Hill Road 4 a ---r-'HyannIs '-Massachusetts a. ` wUSE GROUP F1RE;GRADING =v OCCUPANCY LOAD_ THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL ' SIGNED BY tHE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND,IIN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. ......November. !...., 19....8.......... ........may...................... - ,, ra Building Inspector ,�TM�ro TOWN OF BARNSTABLE Per No. .32208 BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash ................ .61 bs v �''ZouY HYANNIS.MASS.02601 Bond ............ 1 TEMPWRY FOR 2nd FLOOR ONLY CERTIFICATE OF USE AND OCCUPANCY Issued to S L S Trust (Stoney Brook) B'ildings A & E Address 151 Old Strawberry Hill Road,, Hyannis, Mass. USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND,IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS.STATE BUILDING CODE. Oct. .Ober 13, 19 8 9 ........ ...... .......... ... <Y < Building Inspector -.-P..'+•t..... F.y-r^y.,„J-..w^-..,..---'7-.�.."if�l.....,•,��1..-.,r.-,..,'tw -Y+.a w,r.,,.;1""' .,��,..,c,.,..C•yrJ''�'.w``-w,.fy'�('i�"'r:�..;„-nr+.+`'T71,,,,_.ryN�.4w•' ^�-•r'4.,,,t--,P^-..rc"."`''4 o�T�c>jo TOWN OF BARNSTABLENo. .Permlt 3..2..2..0..8....... • k"BUILDING DEPARTMENT "s:rr j TOWN OFFICE BUILDING Cash . _ •619• HYANNIS,MASS:02601 Bond ..............�. TEMPORARY FOR 2nd FLOOR ONLY CERTIFICATE OF USE AND OCCUPANCY_, Issued to S L" S Trust (Stoney Brook) ', guildixlgs A & E x 'Address 151 Old Strawberry H1;1 Road f _ Hya4is, Mass. y USE GROUP FIRE GRADING I OCCUPANCY LOAD t } q e THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIRENJENTS AN,D,IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE ; BUILDING CODE. October ... .' ... .19... ....... .. ......... Building Inspector Y , ,.,.-�- �:• -.-�„ d,�- ..._..,� .�,.r_s.., ..-..,:2f?�':,. �kw,.,:. ,-.-,;.. .,•—ct_r. e•. .P.-,.,.. _ ... }, »P�e.,mr,.-x. r a ._ �'Qi Gv .... ... ,, _ i o INC TOWN OF BARNSTABLE Permit No. .....3?208... • BUILDING DEPARTMENT t { D°8SAM TOWN OFFICE BUILDING Cash °�te�ur► HYANNIS,MASS.02601, Bond TEMPORARY FOR 2nd FLOOR ONLY CERTIFICATE OF USE AND OCCUPANCY —7 Issued to S L S TRUST (Stoney Brook) Address BUILDING D 151 Old Strawberry Hill Road Hyannis USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. October 27 89 f Building Inspector wee Y o ro TOWN OF BARNSTABLE Permit N.. .....32208... BUILDING DEPARTMENT { DB0"a TOWN OFFICE BUILDING Cash + �cav ` HYANNIS,MASS.02601 Bond TEIMPORARY FOR Znd FLOOR ONLY CERTIFICATE OF USE AND OCCUPANCY Issued to S L S TRUST (Stoney Brook) r A Address BUILDING D 151 Old Strawberry"Hill Road . N HyanAs , USE GROUP FIRE GRADING OCCUPANCY LOAD ` THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY-THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. 19................. ...........l.......................... Building Inspector i I 7c . 8 E4S1.gT, ti sr j N N[ v � hit n4, °A.4 N 71 I J S i 4, TF v pgkh y` ,o awo 7 CE-G T/F/E-D pL OT P)e E PA 1e E D Fo R: L ocATio.v: �e z8� o�v Sra.��ee�-Y Nip 1� .2EFE.e�.VCE: L-JE13E�.. Sc���ow S VA.Tec> Jot.Y 5� 19tS� FoR .5?o44CY51LcoK Jw- PrEPAR6D SY ,J.M.//IoHAHr.r+ •SR ¢43So�, = NEG�By CEGT/FY TNFiT THE BC//La/�tlF S/Ioh/� O.V 7-I-//6 40C/477Er7 OAt/ THE ` y.QOei.VD fi.5 3NOWAJ HEGEO�tJ l OF Mf .00 � � v «G•:3�� 9 an Ci�iL EA./Gi•t/EELS d, 4 C C ,�� L,i�a/O SCILVE YO Q3 /�LI 1�� �ocJTE GA--Y�eMOcJTsi, .NA�3. awarr cG. rzAL - Stoney Brook Village, Inc. HYANNIS, MASi:ACHUSETTS VIA CERTIFIED MAIL February 12, 1990 Mr. Robert Shields, Jr. The Shields Company 270 Communications Way Hyannis, Massachusetts 02601 Re: Stoney Brook Village, Inc. Dear Bob I am in receipt 'of a letter from Stephen C. Jones dated February 9, 1990. You accuse me of failing to make progress payments as set forth in Article 5 of the construction contract. In . actuality, based on the work as it was completed, in most cases you were prepaid. You consistently requested monies prior to the actual work having beIen • completed one hundred percent. In good faith I advanced the following monies to you: Date Check No. Amount 7/6/89 469 $ 22, 157. 00 7/13/89 479 5,700. 00 8/14/89 495 200, 000.00 9/15/89 506 150, 000.00 9/25/89 512 49.543 .00 11/25/89 1003 -76,482.00 11/10/89 Bank Advance ,150, 000.00 12/11/89 1009 23-,000. 00 $676,882 . 00 Credit to Lebel - Loss of Rent through December 27, 1989 15, 000. 00 Total considered paid to date $691, 882 .00 (per Shields statement) Work complete to date per Feb. 1, 1990 (see Shields Statement) 714,278. 00 Outstanding balance per Shields 23 , 177 . 00 ONO Statement Equal Housing Opportunity Stoner Brook Village, Inc. 13c!I TIwer Mall. [ nit l _ _ _ r tt Mr. Rabert Shields, Jr. February 12, 1990 r t Page 2 r you have been paid ninety percent of As I have outlined above, isites lincludes p the time in advance prior to the work listed in your re lumbing, being one hundred percent COMP lete• etc. with the promise that electrical, painting, heat, sheetrock, er our continual written you would complete the unfinished items P of your promises have correspondence. , To°-date none or . little been kept on your part and no additional advan ne hundred percent you until the items listed below s will be made to have been o completed as specified in our contract. The following is a list of work which needs to be compl • 1. Site lighting is still not working. This lighting has never and you were paid for this work operated at the project, attention by the completely months ago. It was brought re my ere cut by the Barnstable Building Inspector Were s that liced+ together but never water- irrigation contractors and p proofed. I believe that when it rains, the lights are shorting out from the moisture. I also know that the wires for the site lighting are not the depth required by code. Estimated Cost to Correct: $4 , 000.,00 F Exterior deck doors., on all the units do not openoncernedtabout 2 • apartment are very c building inspector and fire dep egress from the units in the event of fire. you have is this not been in full months ago for the deck w Estimated Cost to correct deck 200. 00. $s00/building x 4 buildings: $3 3 , Scuttle holes in all unitsIis my understanding accessingere never from constructed in ' all. of the. units. I that Certificates of Mr. Joe Deluz,' the Building Inspector, temporarily with the promise that Occupancy were issued to • You you would complete the scuttle holes to the attic as required by state and .local codes. 000. 00 Estimated Cost to Complete: $5� 4 . I have also talked with Steve Seymore fro do hanBinspection of Engineering Department and have asked 1 Ro o ad extension. He has im the curb cut and the Strawberry in both of those areas concerns because the loaming and seeding is incomplete, and he will not issue a sign off until the worken is completely finished. Per your own accounting, y 1� in full for the site work . . .why is this not completed. Estimated Cost to Complete: $3 , 000. 00 �f • Mr. Robert Shields, Jr. February 12, 1990 Page 3 5. As per our previous correspondence to you regarding the painting interior and exterior of all buildings, that work is still unacceptable. You have promised and promised that you would complete the work in a workmanlike manner. To date, this has not been done. Your accounting -proves that you 'have been' paid in full... for all- .the paint ,at the-:project.. _y, Estimated Cost to complete $500 per unit x 10 units $8, 000. 00 6. There continues to be serious leaks from plumbing work in Units D2 and D5. To date, you have been paid in full for that work in Building D. These units are still leaking and have not been corrected. So me me sheetrock was removed in the lower unit of Building D, Unit 5 to correct the problem, and it has never been replaced. Estimated Cost to Correct: $2 , 500. 00 7 . Exterior individual units doors do not latch correctly, specifically in Building C. It appears that the building is settling and causing the doors to stick. This situation has not been fixed, and you have been paid in full. Estimated cost to Correct: $1, 500. 00 8 . Building C needs sheetrocking over several doors and casings. There are one to two inches of space still visible over doors. This situation (per your promises) still remains uncorrected. Estimated Cost to Correct: $ 600. 00 9 : The cedar trees that I paid you $4,700 to plant are dying. These trees are not properly tied down and the wind is lifting up the root systems causing them -to freeze. To date over 7 trees appear to be dead. I expect those cedar trees to be replaced by you come spring. Estimated Cost to Correct: $3 , 000. 00 10. The hydro seeding areas of the entire project will need to be re-raked and re-sprayed. Your delays last fall caused the hydro seeding to freeze on the ground killing the root systems that never had a chance to germinate. Estimated Cost to Correct: $4, 000. 00 V ` 4 r - 1 Mr. Robert Shields, Jr. February 12, 1990 Page 4 11. Heat grills and vents are missing in several units The Barnstable Housing Authority will not allow tenants to occupy these units until the work is complete. * Estimated Cost to Correct: '$ - 800.00 12 . In addition, the furnaces that I paid for and delivered to the site, you still have never reimbursed me for. The contract specified that you could use any material on the sight. It was your responsibility to pay for all costs related to the construction until completion of the project, including material and labor. Paid by Mr. Lebel to be be reimbursed by Shields 13 . The transmittal you sent me regarding the intercom system specified talk, listen and door latch. None of the door latches on any of the units have been installed . as per your .` specifications (see attached 'sheet) . It is ridiculous to expect people to run down the . steps , from their upstairs units to open the doors. I expect this system to• be completed per your specifications as submitted. „ Estimated Cost to Correct: $6, 000. 00 I will have the applicable Boards forward to , you . letters verifying the incomplete items as listed above. Total Cost to complete work that was -prepaid to you in good faith. $47; 381.25 I find it amusing that per your own statement attached hereto you confirm that $23,177. 00 is the total sum due to you. How does that calculate into $43, 153.54? (See attached statement dated February 1, 19.90. ) In addition to .the' above, per our agreement and your letter dated December 11, 1989 (see attached) , you also promised to complete Building C by December 27, 1989 which you again did not. I am, per that agreement, deducting an additional amount for damages from the contract amount, due to loss of rental income. I expect the above items completed before any more advances are paid to you. I have also reviewed your proposal to credit me tr. Robert Shields, Jr. ~ February 12, 1990 Page 5 $122, 265. 00 to release you from your contract to complete Building B. Your proposal is totally unacceptable, and I expect you 'to complete Building B as specified in our contract. Your refusal to complete the project as agreed will force me to call the bond-and-sue-for damages. In addition, it has been brought to my attention that a lien b Mr. Duarte Perry has gone against the project due to your refusal to pay the subcontractors for work that I have already paid you for in full. This is causing delays in selling the project and the lien must be removed immediately. I have also received other letters from your creditors, that ' if they are not paid for work done on the project, that they also intend to lien the project. (See attached letters). I am therefore forced to demand in addition to the above work being completed, a release of mechanics liens from all subcontractors Will be required prior to additional advances being company. After all, I have Paid to your subcontractors should also be paid . . .ight?or the work so the r Any additional delays in construction at the project will be at Your own peril. I intend to immediately begin litigation and, Will ask the courts for an all real estate YOU. attachment against Very truly yours, C Douglas W. L bel DWL:bjh/5361 X , * Enclosures cc: Mr. Barry Nichols (w/enc. ) Patrick Butler, Esq. (w/enc. ) Stephen C. Jones, Esq. (w/enc. ) Bernard T. Kilroy, Esq. (w/enc. ) TELECOMMUNICATION INFORMATION u SHEET DATE: March 19 1990 PLEASE DELIVER THE FOLLOWING PAGE(S) TO: RECIPIENT: Bogert Shields Jr COMPANY: 'Shields Construction Co. TELEPHONE: TELECOPIER: THE MATERIAL IS FROM: SENDER: -Douri_lat W. Label COMPANY: HERITAGE RESEARCH, INC. TELEPHONE: (508) 778-4700 TELECOPIER: (508) - 778-2887 Total number of pages including this cover sheet: REMARKS: REPAIR WORK NEEDED AT STONEY BROOK. VILLAGE: TENANT COMPLAINTS: I. Lawrence Robinson' s unit, Bldg. D, unit 5 - ceiling leaked, your office Sias told about 'this problem months ago. . . still not fixed. 775-0829 2. Cynthia Sweet''s 'unit, Bldg.. D, unit 7 - door does not stay shut when locked; if anyone leans against it, it will open; needs a deadbolt installed; also has `various other repair work needed. Please call her at 775-8797 3. Roger Smith, handicapped unit, Bldg. C, unit 1, the is coning away from the bathtub. . .can see wooden beams. Call him at 771-1057. /FAX 4. Barbara Jones, Bldg. E, Unit 8 - dryer doesn' t work; pig-tail shorted out 5. Lorraine Reed, Bldg. E, unit 5 - dryer doesn' t work. i i _ ' TELECOMMUNICATION INFORMATION • SHEET (' • DATE arch 2, 1990 }! PLEASE DELIVER THE FOLLOWING PAGE(S) TO: `RECIPIENT: 'Robert Shields,. Jr. , COMPANY: Shields Construction Co. TELEPHONE: y TELECOPIER: THE MATERIAL IS FROM: SENDER: Douglas W. Lebel COMPANY: HERITAGE RESEARCH, INC. TELEPHONE: 508) 778-4700 TELECOPIER: (508) 778-2887 Total number of pages_ including this cover sheet: 1 REMARKS: Tenant Complaint: Stoney Brook Village Colonial -Candle unit - B1dg. .A, Unit 4. - The door is sticking. Extremely hard *o open and shut. _ 'Please repair. /FAX IIj - -J y Brook Villaae, 1"74cl 2 March 7 , 1990 Mr. Robert Shields, Jr. The Shields Company 270 Co=uni Cat ions Way, Ste. 1 A&B Hyannis, Massachusetts 02601 Re: Stonev Brook Village Inc. Dear Bc:,: When your :;c leers completed Building C at Stoney Brook Village, did not turn the thermostats down. We have received gas bflls ` for that building, and there were " no tenants `_n there. I hold your company responsible for these bills . In addi-icn , I have been sending you letters, through the mail any the FAX machine, of various tenant complaint= . To date, s-ii1 have not responded to any of them. The foilc:;ing is a combined list of many tenant complaint , ' which our c==ice has either called you about or written' letters : - 1) D-5 , b_,- room ceiling leaking removing paint as drr= down walls . 2) . C-1,, nansicapped unit; , hall vent blowing cold air; Ga_ Co: said car-: installed ' backwards. Tile is coming away,• from the . ..-:tub in bathroom. 3 ) D ceiling still not repaired (2 months later) . 4) D-7 , Dccr does not stay shut when locked; if lean against it, it will open. Tenant writing with list of Mr. Robert Shields, Jr. March 7 , 1996 Page 2 other items needing repairs. 5) , E-5, dryer doesn't work. 6) E-8 , dryer doesn't work. 7) C-2 , rubber coming off slider. This was noticed at alot of the units on the sliders. 8) E-8 , does not have outside entrance light. 9) A-6 needs outside deck light. 10) A-4 , cable for T.V. not installed properly in living room; does not work. (I had Cablevision come out and, make repair. . .will forward bill upon receipt. Cablevision representative said Bldg. A was wired by your company or agent, not them. Wire was cut somewhere inside the wail . Had to re-wire unit.) 11) A-41 front door sticks ; extremely hard to open or shut. t 12) Hallway bulbs in Bldg. A kept burning out: 13 ) Street lights were not operable nor finished. 14 ) Many units are settling and cracks are appearing; -need to be fixed. 15) Staircase (fire exit) in Bldg. C not finished; large gap and two stairs not finished. 16) C-3 , unit settling, cracks above' kitchen and by front door and in the upstairs bedroom; in the area where washer/dryer plugged in, there is a hole, nothing covering wires ; there is a ladder upstairs and a drape cloth; screen is not on skylight ; skylight does not close properly and lets air in on one side; the flat piece of wood on top of the loft has separated where joined; deck door is warped and will ,not close.. 17) C-4 , unit settling, . cracks above kitchen and by front , door; one of your workers spilt something on the carpet upstairs and tried to clean it, but still stained; there is an extra piece of carpet sitting next to the stain as if to cover it; the light switch plate upstairs needs one screw; the front door sticks. j r , Mr , Rober"_ Shields, Jr. March 7, 1990 Page 3 18) C-7 , unit settling, cracks above door; no vent grate above kitchen; outside deck light does not work. 19) C-8 , unit settling, cracks above kitchen and by front door; no outside light at all on deck; closet door in small bedroom will not stay_ shut_: .- Very .truly yours, Laurie Snowden-Lebel MANAGER LSL:bjh/5479 cc: Mr. Herbert Goldman J 4FRIEDLINE & CARTER ADJUSTMENT, INC. 436 Main Street P. 0. Box .338 , Hyannis, Massachusetts 02601 Tel . (508) 771-32,32 Fax. (508) 790-2344 TO: 0 ) Building Commissioner or Inspector. of Buildings ( ) Board of Health or Board of. Selectman , ( ) Fire Department Town of Barnstable Town Hall annis, M.A. RE: Insured: STONEYBROOK VILLAGE,INC.c/o Heritage Property Address: 979 Falmouth Rd. , Rt. 28 Hyannis, Ma. Policy Number: 74307934/90 Loss of vandalism 12/03/90 File or Claim # : , 50496 Claim has been made involving loss ,= damage or destruction of the above-captioned property, which may either exceed ,$1 , 000.00 or cause Mass . Gen. Laws , Chapter 143, Section 6 to be applicable. If. any notice under Mass . Gen . Laws , Ch . 139, Sec. 3B is appro- priate please direct it to the attention of the writer , and include a reference to the captioned . insured, location, policy number, date of loss and claim or file number. On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail . i Adjuster Date: .2 .1 �J / JOSEPH.Dr DALuz IOui/ding COmmilsiontr TELEPHONE: 775-1120 EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 May 17, 1990 Mr. Douglas Lebel Stoney Brook Village, Inc. Bell Tower Mall, Unit 1 1600 Falmouth Road Centerville, MA 02632 Re: Stoney Brook Village, Hyannis Inspection/Building "B" Dear Mr. Lebel: On Wednesday, May 16th, I conducted a frame inspection at Building B, Stoney Brook Village. The unit has several areas in framing that are unsatisfactory and must be addressed. In addition, the rough plumbing, wiring and heating are incomplete. Before your contractor commences any further construction, I am request- ing that we meet on site to address those areas of concern for structural integrity. Peace, i dos7ep:h�D. fDa z Building Commissioner JDD/gr TRANSMITTAL THE SHIELDS COMPANY 270 COMMUNICATION WAY, UNIT 1A HYANNIS, MA 02601 (508) 771-3400 FAX (508) 771-3460 TO: Town of Barnstable DATE: 05/04/90 JOB NO. 46.10 Building Inspector ATTENTION: Joseph DeLuz 397 Main Street RE: Stoneybrook Village Hyannis, MA 02601 Hyannis, MA GENTLEMEN: WE ARE SENDING YOU THE ATTACHED: ( ) SHOP DRAWINGS ( ) PRINTS ( ) PLANS ( ) SAMPLES ( ) SPECIFICATIONS ( ) COPY OF LETTER ( ) CHANGE ORDER (X) OTHER COPIES DATE DESCRIPTION 1 08/26/88 Permit No. 32208 for Building A 1 10/27/89 Certificate of Occupancy for Building A 1 08/09/89 Civil Engineers Inspection Letter Building A 1 08/26/88 Permit No. 32208 for Building C 1 01/05/90 Certificate of Occupancy for Building C 1 08/09/89 Civil Engineers Inspection Letter Building C 1 08/26/88 Permit No. 32208 for Building D 1 11/07/89 Certificate of Occupancy for Building .D 1 08/09/89 Civil Engineers Inspection Letter Building D 1 08/26/88 Permit No. 32208 for Building E 1 11/03/89 Certificate of Occupancy for Building E 1 08/09/89 Civil Engineers Inspection Letter Building E 1 03/06/90 ' Letter of Cancellation of Contract Stoneybrook Village THESE ARE TRANSMITTED AS CHECKED BELOW: ( ) FOR APPROVAL (X) FOR YOUR USE (X) AS REQUESTED ( ) FOR REVIEW AND COMMENT ( ) APPROVED AS SUBMITTED ( ) APPROVED AS NOTED ( ) RETURNED FOR CORRECTIONS ( ) FOR BIDS DUE ( ) PRINTS RETURNED AFTER LOAN TO US ( ) REMARKS: "For your records" COPY TO: Steve Jones, P.C. SIGNED cFTMf a TOWN OF BARNSTABLE 32208 . e Permit No. ................ BUILDING DEPARTMENT' I •tea ! TOWN OFFICE BUILDING Cash ................ Yl ,6}q. �0MAN HYANNIS,MASS.02601 Bond CERTIFICATE OF USE AND OCCUPANCY Issued to S L °S TRUST (Stoney Brook) Address BUILDING A 151 Old Strawberry Hill Road Hyannis USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. October 27 19 89 . ..... ................... Building Inspector Il TOWN OF:BARNSTABIE, MASSACHUSETTS �° f ` 5O OOh DATE August 26... :, _ T,ebel—S011owS 88 PER( N T©.. .... APPLICANT ADDRESSlute ,- .yann s (N0.) (STREET) (CONTR!S L1.CE NSEI PERMIT TO Build"five multi f.m•ly wEE (TYPE OFIMPROVEMENT) N0. �fngs Frame NUMBER OF -� S7bp DWELLING UNITS (PROPOSED USE) At (LOCATION): 151 Old Strawberry Hill Road, Hyannis ZONING (STREET) DISTRICT ' tlETWEEN.'. � " � .: _ (CROSS STREET) AND .......:..... ....(C((O55",STREET) SUBDIVISION LOT BLOCK LOT" S I YE: BUILDING IS•TO BE' FT. WIDE BY FT. LONG BY FI FN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION ("TYPEI REMARKS TOWN SEWER APPEAL #1987-27 o�uMe 5 @ '3 ZOO sq. ft. each building. 224 80p. BOND 2 0 ' . ESTIMATED COST .�j PERMIT ..1,540.00 _ (CUBIC/SO DARE FEET) _ ,FEE" OWNER L S Trust ADDRESS Ou e i yann S� )2601 BUILDING_ DEPT. All E y OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. '" MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR 1. FOUNDATIONS OR FOOTINGS. ELECTRICAL. PLUMBLATIONS. ING AND MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTAL 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MINAL INSPECTION TI TO BEFORE FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE ' OCCUPANCY. - t POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 � � 2 2 _ 2 3 S HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT I OTHER ��r���'V"*�'� V lD •� � BOARD OF HEALTH WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT N!LL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CONSTRUCTION. �.PERMIT IS ISSUED AS NOTED ABOVE. ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICATION. _ I I . c. H. sHOHT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville , MA 02632 RE: STONEY BROOK VILLAGE, BUILDING A This is to certify that I have inspected Building A of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets . 3. The main girt was constructed of three 2"x1,0" 1s instead of four 2"x12" 's but lally columns were added mid span along with a 2"x6' wall to com- pensate . Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours Craig . Short, PE Civil Engineer CRS:ps OF Mqs�� �o. CRAIG Cy Gv � SHORT No. 27483 TE I TOWN OF BARNSTABLE Permit No....32N8 BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash ,639 HYANNIS,MASS.02601 Bond CERTIFICATE OF USE AND OCCUPANCY Issued to S L S TRUST Address Building "C" 151 Old Strawberry Hill Road Hyannis USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. January 5 90 Building ctor d i TOWN O�''BARNSTABLE, MASSACHUSETTS �lJ1ILD1N ,r P'ER1Tr Aa24a d0 4� .. DATE ... August 26 P � ... •'.88 � I ,. , y APLICANTT'�'.` ebe1-Sollows1�7TEaute J. ;w'r ADDRESS f 8 1 (NO.) (STR EET) Y .- ICONTf�l$.�1C ENSEI PERMIT-Yb�TBU five,multi fam ly FraII12 NUMBER. OF �f '`'4WELL'ING'UN17S "*� •r'., v.;. ;(TYPE'OP.IMPROVEMENT) NO, (PROPOSED USE). . 151 Old Strawberry " AT (LOCAYIOk)! J ?[ill Road, Hyannis ZONING INO.I, (STREET) DISTRICT L, i.9E7WEEN{ - ,it ). • +: '- - (CROSS STREET) AND - • _(CR..OSS.STREET) .F:.....! SUBO.IVISION' LOT LOT _.. BLOCK .. . SIZE: .. ... _ 8UILOING IS.Tr0 BE FT. WIDE BY i FT. LONG AA BY F lG_F AND SkA, L CONFORM'IN::CbNSTRUCTION� TO TYPE USE GROUP BASEMENT WALLS OR'FOUNOAT)ON . .. (TYPE) ' REMARKS TOWN SEWFR APPEAL198]-27 AREA )R S 3,2DO" Sq. f t. each buildin �+ qq / OO n BOND VOLUME - - g ESTIMATED COST- 9 L�`24�D.�O PERMIT ZS 4O.00- ER (CUBIC/SQUARE FEETI- 'EE S L s Trust „ -! OWNER t. W. AODRESS'- 011 E' ► yariI11S, o BUILDING DEPT. .' �Y. t fpT TTT DT% Ct OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE IPPLICABLE SEPARATE INSPECTIONS REQUIRED FOR PERMITS ARE .REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN 1. FOUNDATIONS OR FOOTINGS. ELECTR►�AL, PLUMBING AND MADE. WHERE A CERTIFICATE OF OCCUPANCY 15 RE- MECHANV:AL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTILI MEMBERS(READY TO LATH). FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE ' OCCUPANCY. �;- POST THIS CARD SO IT IS VISIBLE FROM STREET: : BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 nQu�� 1 tov- LJ . 3 -A HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT OTHER _ ✓� r' BOARD OF HEALTH WORK SHALL NOT PROCEED UNTIL THE INSPEC- TOR PERMIT W;LL BECOME NULL AND VOID IF CONSTRUCTION HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE INSPECTIONS INDICATED ON THIS CARD CAN BE CONSTRUCTION'. PERMIT IS ISSUED AS NOTED 1•BOVE. ARRANGED FOR 8Y TELEPHONE OR WRITTEN 111 NOTIFICATION. I C. I SHORT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING C This is to certify that I have inspected Building C of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets. Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours, Craig R. Short, PE ` Civil Engineer CRS:ps OF �ssq CRAIG �f "- SHORT No. 274'-, A�9� �77Mr , TOWN OF BARNSTABLE Permit No. 32208_. BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash 7 /Nl i670• , .6-39 HYANNIS.MASS.02601 Bond CERTIFICATE OF USE AND OCCUPANCY Issued to S L S TRUST Address Building "D" Units 1-8 151 Old Strawberry Hill Road Hyannis, Massachusetts USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND.IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. November 7, 19.....8 9........ N e .......................... . ....... ....... �<<......... Building Inspector rTO•eh'W TAB LE, MASSACHUSETTS �oy,50-0d1, August 26 i T GATE -APPVICAN�-'.'' Trebel-50110WS 1 v14 LWute .s --�.- ADDRESS , yann h i .1'.;i.• - (NO.) (STREEYI G : (CONYrJ,1"i'{.14 EH5�1 'PERMIT YO ' Bt3�1 five multi fam�ly �w ngs Frame AMBER OF.. 1.40 '(TYPE OF IMPROVEMENT) No. "DWELLING UNI7s (PROPOSED USE) AT fLocAYloH1 151 Old. Strawberry Kill Road, Hyannis ZONING , iN0.1DISTRICT"":­ (STREET) . '9ETWEE.W. AND (CROSS STREET) .(CROSS STREET) LOT.., SUBDIVISION '' 7.LOT BLOCK ' SIZE' - BUICOING IS•TO BE FT. WIDE BY FT•'LONG BY Fi 7FI HEIGHT AND SHALL CONFORMAN' CbNSTRUCTION 1•.r } TO TYPE* USE GROUP OR WALLS OR FOUNDATION i',. .. (TYPE) t REMARKS3.- .TOWN SEWBR APPEAL #1987-2'7 BOND AREA OR 5 .� •3,20.0 sq. f t. each buildin , PERMj7 1,640.00 ' VOLUME g ESTIMATED COST 2,224 >g00 FEE ++�- (CUBIC/SOUARE FEET) t S L S Trust , OWNER l ADDRESS Ou , yann S, BUILDING, DEPt , I �Y ' i II�DING D11 e OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. - MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ELECTRICAL, PLUMBING AND f. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIREO,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MINAL INSPECTION TI TO LATHE FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE - ' OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS I f ' 2 2 3 A. HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT • f - b OTHER Z _ �.,/- $Q - ' 1 BOARD OF HEALTH WORK SHALL NOT PROCEED UNTIL THE INSPEC- I PERMIT 'N!L L BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF I WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICATION. -� O. I SHORT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village , Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING D This is to certify that I have inspected Building D of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets . Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code.. Very truly yours, Craig R. Short, PE Civil Engineer CRS:ps OF CRAIG SHORT 1 CIVIL. � No. 27483 tj I/ dff o o TOWN OF BARNSTABLE Permit No. .....32208 IFBUILDING DEPARTMENT 'ten I TOWN OFFICE BUILDING Cash 7 Wl �6�q. �'r"Y`� HYANNIS,MASS.02601 Bond CERTIFICATE OF USE AND OCCUPANCY Issued to S L S TRUST Address Building E 151 Old Strawberry Hill Road Hyannis USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY-THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. November 3 89 i ' 19................. . ..... .......................... Building Inspector . TOWN OF;BARN STABLE,.MASSACHUSETTS 'T by Aa25vQ-QQl ' DATE_ .... August 2V.. �� APP,I (CANT I:ebe1-$011OW5 85 N j®� �) Ov vr:; '3�1 �Oute� y .ADDRESS . � ann Ia ,, - 7 (N0.) (STREET) _ "t ICONYRjj t10ENSE) . a A Bu�l�.five multi fam{1 wPP��ll Frame NUMBER: DF r PERMIT YO ( y SlbR1� ,g I '(TYpE'OF.IMPROVEMENT) I+o. - - .RWELL'ING UNITS (PROPOSED USED AT (L000164) 151 Old Strawberry Hill;Rdad, Hyannis � ZONING',-It .' j'w�n '(NO.). _ DISTRICT °'i " . (STREET) �-� BETWEEN AND 7 . - (CROSS STREET) „ECSAS SrSIREET),. SU8D1VISIDNI `.. ... .. LOT '13L'OCK SIZE; BUDDING 15 TO BE. FT, WIDE BY FT. LONG BY �l IN HEtGfIT:A14D SHALL CONFORM�IN�CONSTRUCTION .. t.i y TO TYPE, USE GROUP ) BASEMENT WALLS:OR FOU1�O'T'ION ayli 3 u. �. (TYPE) REMaaKS TOWN SEWER APPEAL #1987 2`7 , ) ; v LAUME 5 @ 3sZQO' sq. ft. each building 2,224 86Q *`E ESTIMATED COST $. FEEM� F 44O.00 t 7. TT. �r(+CUBBIC/:SQUARE FEET) - { OWNER c 5.. L Y: :Trust i- t.��ri}3 s"It 1 /(ODRESS { Ou E'• , yams S, ` BUILDING OEPT ; IBY .i Y' ;t.'. 4tw_ �t f 17UJ1d111V17 L11 . '' i OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. .. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE' INSPECTIONS REQUIRED FOR PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN 1. FOUNDATIONS OR FOOTINGS. ELECTRICAL, PLUMBING AND MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MINAL INSPECTION TI To LATHE FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLEFROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 3 HEATING INSPECTION APPROVALS ENGINEE G DEPARTMENT OTHER Z (� BOARD OF H f,7ti'F.D V• CJ�� EALTH _. WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT W!LL BECOME NULL AND VOID IF CONSTRUCTION TOR HAS APPROVED THE VARIODUS STAGES OF i WORK IS NOT STARTED WITHIN SI: MONTHS OF DATE THE INSPECTIONS INDICATED ON THIS CARD CAN BE CONSTRUCTION. (I PERMIT ;$ ISSUED AS NOTED ABOVE. ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICATION. r . . C, R. SHORT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING E This is to certify that I have inspected Building E of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets . 3. The main girt was constructed of three 2"x10" 1s instead of four 2"x12" 's but lally columns were added mid span along with a 2"x6' wall to com- pensate . Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours, Craig R. Short, PE Civil Engineer CRS:ps i CRAIG '•�'.. SHORT 'X - `s CIVIL ?]sc.� i I .-_ -_________________ __________________________- y,f 3' 05/08/1990 12: 05 FROM JONES, HOULIxHILT, F. i_ S TO SHIELDS CO. F.01 87-305 March 6, 1990 Stoney Brook Village, Inc. Bell Tower Mall, Suite 1 1600 Falmouth Road Centerville, Massachusetts 02632 - Re: Stoney Brook Village, Inc. Construction Contract with The Shields Company dated June 19, 1989 Dear Mr. Lebel: Since Stoney Brook Village, Inc. has failed to cure its breaches of contract after due demand sent February 9, 1990, you are hereby notified that The Shields Company is termi- nating the above contract in accordance with Article 14. You are further notified that my client intends to take action to recover payment for all work . executed, as well as for loss sustained, including reasonable profit and damages, and including attorneys fees, all as provided in Article 14, Section 14.4.1. You are further notified that, due to your breach of contract, all warranties are hereby terminated. In response to your letter of March 1`, 1990, even if there were no breach of contract, my client is not respon- siblefor maintenance problems. As for problems with the dryer, have the tenant call G. E. Service 1-800-225-1045. With respect to your letter of February 12, 1990, your accounting shows only the date of the check, not the date received. The enclosed account shows the date the payments were actually received. These sums are due and payable for work property completed and is long overdue. ON Stoney Brook Village, Inc. Page 2 March 6, 1990 As for the remainder of your letter . it deals with alleged items needed to be corrected or completed My client denies the validity of these claims, which are merely being put forth to avoid validly due payments. in any event, the contract clearly provides that pay- ment is due and if the payment had been made prior to ter- mination my client would honor any valid warranty claims. Although my client is not required to, if payment is made together with reimbursement for lost profits and attor- neys fees, my client will review any warranty claims. For the record, it should be made perfectly clear that none of the items set forth in Paragraph I through 13 are valid. As for Building B, you long ago released this from the contract, and both parties have proceeded along this agree- ment. In any event, the contract has been properly termi- nated by my client. As for claims regarding any liens, there can be no valid liens placed against the project by subcontractors under Chapter 254 because of the lien bond recorded at the Registry. of Deeds, so any delays are of your own doing and are not justification for withholding payments. In short, the contract has been terminated, and my client will pursue its remedies to collect all sums due. As provided in the contract, this will be before the American ` Arbitration Association, not in Court, as you threatened. I Very truly yours, Stephen C. Jones SCJ/nef If 0ctobe_ 19.89 Mr. Da-:_ _zzrrella The Sh_==-_ Company 973 Iy�-__�_ _ Road, Ste. 6 Hyanni 02601 Stoney Brook Villac e Inc Dear .. r I ha',= __ . _e; ed the project yesterday and the follc..ing needs completed prior to any additional advances. 1 • -_'� A and E need cleaning; including windo:,s , base .a_ _= , sink, etc. ; 2 . _geed installation in all units ; 3 • job on both interiors and exteriors i_ t e r _ 4 . 5 repairs throughout both buildings .arcund alarm _..__ -intercom, etc. ; 5 . Ci d repairs still remain in Building A; a^ � 6 . :i-___.. -gaucets leak badly. In Qu===-_' `o_the above, the following work is neeed on the si__ . 1 . =rr-_=-_cn needs to be operating; 2 . Si :_-:sting still not operational ; l y T it Mr. Dave Parrella October 3 , 1989 Page 2 .3 . No arrangements were made in advance for either 4 telephone hook-up nor cablevision; . 4 . Fencing is not complete (I have advanced all but $3 , 000, not enough to complete fence along Cape Maid Farm, dumpsters, play area) ; - 5 . Need finish coat paving entire parking lot by this week (was promised by Wednesday) ; and 6 . Hydroseed rear of building if you wait any longer, seeds will not take and it may become necessary to sod. Also, per work order #2 , you charged me $3 , 656. 00 per building to complete the heat. The furnaces, York Model #PUSD08N0-8001, cost exactly $314 . 00 each, or roughly $1, 256 . 00 per building. Your work change should accommodate the new units. All other material for those three buildings was supplied by me. The quotes I received 'from Rick Hamblin to complete the three buildings was under $3 , 000. 00 . If you review your contract, it was, project complete, ready for occupancy. I have no intention of paying $1, 000 . 00 per unit for new heating systems. I would be willing to work with you regarding the heating systems, but don't insult my intelligence. Also, you are currently in default of your performance date. Any loss of rental income will be deducted from the contract price. . Bobby hounded me to sign the contract prior 'to fine tuning of all these additional items. He told- me that he would complete the entire job for the contract amount within the timefrane �specified.' To date, neither of those promises have been fulfilled. Very trul.�;your —. Doug­_a s,�I. Le el DIIL:bjh;4 694 �1. . rook Villa 'Jn' g I-i2:1��":i'1.�;, ;11:1.S.��li��!IG',ShT7S' . • VIA FAX September 28 , 1989 Mr. David Parrella The Shields Company 973 Iyanough Road, Ste. 6 Hyannis, MA 02601 Re`: Stoney Brook Village Inc Dear David: Douglas and I did an inspection of the buildings at Stoney Brook Village this morning, and we are extremely disturbed* to see the' work is not complete, as you had portrayed. . Buildings A & E and not complete: 1. Interior painting job is disgraceful ; there are big filler patches on the walls; 2 . Not vacuumed; 3 . Pdot cleaned; 4 . Missing stairway railings ; 5 .. Random rooms are missing trim; and, " 6 . Closet doors are off in 3 bedrooms. " I want all these items fixed, and I want them 'fixed now! There will not. be any further advances till the work is done to our satisfaction. If you should have any questions or comments, please do -not hesitate to contact me. Very truly yours, -- Laurie Snc;•den-Lebel -- . 7 QL: bjh /46-77 f. . riove-.'-__ 23 , 1939 i•'ir. , . _ Parrella The S -_lds Company 270 C��_-.unications Nay, Ste. 1 A&B , Hyann-s , .iassachusetts 02601 =:e: Stonev Brook V�.11age, Inc. Deaz_ _ e. As p,s- cur telephone conversation yesterday, your refusal to or correct the plumbing problem in Unit A-1 has causr serious damage to that unit. As you are .':ell aware We = as1iGd you for several .weeks to resolve the problem in wilding. you informed me that you had inspected than '_-_t and believed- that the pipes had been sabotaged. You .a told me that a plumber determined that the pipe, �ia_ __�'_ed by snaking the unit. Ms . Sweet, the tenant in d 'has informed me that no plumbers had performed ?:�,; .�._-ng. `ou are again lying to me. Upon arrival at t e _: ect, !, personally • found water pouring 'out of "the tr=__ . flooding the entire unit. The sewage ran into the .. heap - vent and in turn .into the heating unit causing it to -_ .. . I _------ , us- g common sense, pulled up the manhole cc front cf the building and found it full o_ dater rely �.en t and pulled off the next manhole cover =:te. 23 , and found blockage of the invert pipe. It a that there .vas construction debris, sod, etc. at theanhola. -Mr.- Kevin Hickey was contacted so that ,the sewer would again flora. that it ::as your responsibility per contract t t eando co_ __� h seT.er and determine it was clean and flowing Goes was there to witness the problem as was ris . Plumbir:cf Doctor and Mr. Hickey. I believe that ice- ..ad taken five minutes of your time to inspect the jcr -_. _::e_ shun arcuing :'iith me about it being the re=_�� _ _� = 1% Of ropey ty :-,1.anagement we could have that has occurred to that unit. C In addition to the above, I inspected the un .ts that you allege have been turned over to me to complete. I have found numerous problems that are unacceptable. 1. Interior painting not complete. Exterior painting not complete; 2 . There is a 3" spike sticking out of the bathroom floor in Building C; 3 . Caulking between tub-and linoleum all-units ; _ 4 . Sheetrock patching everywhere not acceptable workmanship; 5 . Fire alarms going off by themselves; 6 . Doors do not latch within units; 7 . Telephone systems not complete in all units; 8 . Light bulbs not installed in all units; 9 . Pocr :•:orarianship around fire alarms systems all, units; t 10 . Slider screens not installed properly in all units; ' 11. Washer, Dryer drain hoses not acceptable all units ; 12 . Cleaning including basements not complete all " build.: 13 . L-n-scaping not complete particularly bike path area and 1B1Lc*_._=rr1 Lane and curb cut area; 14 . Hal'_ 'ights inoperable Buildings A and E; : 15 . All t T:rel racks in units falling down; they were screwed to 1/81" masonite doors should have been lagged; 16 . Front door of units do not latch properly; and 17 . Bid;. z, unit 6, does not have a light out by. the deck, - just loose wires hanging there. Very truly yours ,/' v Douglas N. Lebel ...ems���... M1.�•: s -:�'�, e.E �,re�'`js� ..€�, as � � t a ,� January 3 , 1990 Mr. Robert Shields, Jr. 'The Shields Company 270 Communications Ways: Ste.. .1. A&B Hyannis, Massachusetts 02601 Re: Stoney Brook Village - Building C Occupancy Dear Bob: Per your written agreement with Stoney Brook Village, Inc. , you are hereby notified that you are in default of your promise of occupancy by December 27, 1989. It is my understanding from Janie, our Office Manager, that occupancy will be available effective January 6, 1990 . I need a C.O. . in hand before anyone can move in. Therefore, you are hereby asked to remit a check in the amount of $1, 819 . 20, payable to Stoney Brook Village, Inc. for loss of rental income-. This amount is broken down as foilows: Two bedrooms rent for $625. 00 divided by 31 days = -$20. 16/day times 10 days = $201. 60. 4 two bedrooms @ $201. 60 = $806 . 40 due Three bedrooms rent for $785. 00, divided by 31 days $25. 32/day times 10 days = $253 . 20. 4 three bedrooms @ $253 .20 = $1, 01.2 . 80 due In addition, approximately 40% of the parking lot lights still do not work. We have received- a total of fifteen complaints that the lock sets you provided Stoney Brook Village with open with a business card. I must request you look into this. The units in particular are Building D, Unit 1 and Building D Unit 4... Needless to say, . for security .reasons,- .we can not tolerate this problem. Best wishes for a relaxing trip to Florida. Can't wait to . call you! . Very truly yours, Laurie S= den-Lebel LSL: bj iz/5079 Stoney Brook Village, Inc. HYANNIS, MASSACHUSETTS March 24, 1990 Barnstable County Building Inspector's Office Town Hall 367 Main Street Hyannis, Massachusetts 02601 Attn. : Ginny Re: Stoney Brook Village, Inc. Dear Ginny: In accordance with our discussion on Friday, enclosed please find various letters we have sent to the Shields Company in connection with the repairs needed at Stoney Brook Village. I would like to request an immediate inspection of the project. We feel that the Shields Company has been negligent in their work performed and also in the work requested and paid for, but not performed as of yet. I do not believe the project meets the required codes for occupancy. If you should have any questions or comments, please do not hesitate to contact me. Ver t my y rs, Laurie S owden-Lebel GY� MANAGER LSL:bjh/5561 Equal Housing Opportunity c� Stoney Brook Village, Inc. o Bell Tower Mall, Unit 1 Tel. (508) 778-4709 1600 Falmouth Road, Centerville, MA 02632 FAX (508) 778-2887 C' I SHOAT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING A This iskto certify that I have inspected Building A of the Stoney Brook Village complex and that the structure was constructed per the approved plans, by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets. 3. The main girt r was constructed of three 2"x10N ,s instead of four 2"x12" 's but lally columns were added mid span along with a 2"x6' wall to com- pensate . Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours Cra i g-"1R. Short, PE Civil Engineer CRS:ps @L „ / ,'r,IG G FIT r' C. I SHORT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING C This is to certify that I have inspected Building C of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets. Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours, 1 Craig R. Short, PE Civil Engineer CRS:ps • u�v< i.r ;F'A(G s 1) Y :Cy r. A C. H. SHOAT, PE 14 TORMA ANE 02638 , DENNIS, August 91 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall 02632 Centerville, MA RE: S .ONEY BROOK VILLAGE, BUILDING D of the �� inspected Building D This is to certify that I have Stoney Brook Village -complex and that Northsidehe t Design swith . S Y roved plan Y constructed per the app the following modifications: i , o lofts Emergency access was providedthecommonareas. by addition of a stairway in E 2, Closets were added a furnaceroffloor the closetbaths s provide access to the in m opinion ,as a Civil Engineers this structure Therefore, Y Building was built in substantial compliance with the Code. Very truly yours, Craig R. Short, PE Civil Engineer CRS:ps OF CRAIG �� 1 SHOST aU "' c* P�c. 2783 f` i' C. H. CHCHT, PE 14 TORY LANE DENNIS, MA 02638 August 9, 1989 Stoney Brook Village, Inc. c/o Mr. Douglas Lebel Bell Tower Mall Centerville, MA 02632 RE: STONEY BROOK VILLAGE, BUILDING E This is tocertify that I have inspected Building E of the Stoney Brook Village complex and that the structure was constructed per the approved plans by Northside Design with the following modifications: 1 . Emergency access was provided from the lofts > by addition of a stairway in the common areas. 2. Closets were added in the third floor baths to provide access to the furnace off the closets . 3. The main girt was constructed of three 2"x10" - s 1 instead of four 2"x12" ' s but lally columns were added mid span along with a 2"x6' wall to com- pensate . Therefore, in my opinion as a Civil Engineer, this structure was built in substantial compliance with the State Building Code . Very truly yours, Craig. R: Short, PE Civil Engineer CRS:ps , i Vi Y THESE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND HAVE BEEN SPECIE'ICALLY PREPARED FOR THIS OWNER OF THIS PROJECT AT THIS SITE . THEY ARE NOT TO BE DUPLICATED , REPRODUCED OR USED IN ANY PART OR IN WHOLE FOR ANY OTHER PURPOSE , PROJECT , OWNER OR LOCATION WITHOUT PRIOR WRITTEN CONSENT OF THE ARCHITECT . PRNUMBERT y I REVISION N0. DATE FILE NUMBER SCALE AS NO FEE DATE 10125/9? DRAWN BY DJM CONSULTANTS LANDSCAPE / SITE STRUCTURAL ENGINEER! MECHANICAL ENGINEER "JK"( f�� ELECTRICAL. ENGINEER l 71 Pali LOWE ! 7 ASSOCIATES Architects, Inc.i 6 4'6 'VF V'V F Suite 00 Massachusetts 0 2 1 4, 7 n � yaw W/, ►e'! S,oN� ,N4oie -' ra ,Ip� Tel : ( 617 ) 007 Fax= ( 6I7 ) 32 - F,67 ,. b FOUNDEPS r2Kiv�f +�' Wi ' COUPT 51UF ,44 i�ftLi At? rrAMP �c A-t ,' r�>�' T M �-f !41A!1N1d5 NYANNIS MASSACNUSETTS r SITE PLAN 6 i i I