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Home My WebLink About0415 MAIN STREET (HYANNIS) (7) �� ST da*� ----- - \ \ � ;, ,r ,�y.,,wn �,.i�a,;. `.^t,rs;-,..c�...-...,+• ^cpM•yyg5,f�ye'�' 'e.a _a.ti x ;:w t s� ..'; ''i'9't '�.�} y :: f ,, w' . I TOWN OF BARNSTABLE BAR-W �: Ordinance or'Regulation WARNING NOTICE Name of Offender/Manager A�-t � ��r' �=�'L. f Address of Offender �` ,�/1� c>7. � �. a MV/.MB Re .# Village/State/Zip . j Business Name G.. . Business Address '/w. "/'�lr;7t . Suture of Enforcing Officer Village/State/Zip h � Location of Offense �- - ; Enforcing Dept/Division Offense Facts This will serve only as a warning. At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. 1 The Commonwealth of Massachusetts u ARCHITECTURAL ACCESS BOARD rn I C One Ashburton Place - Room 1310 a9 �� ..� Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT.GOVERNOR www.state.ma.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR FINE HEARING NOTICE RE: Pastiche O The Blue Room ,415 Main.Street, Hyannis You are hereby notified that an informal adjudicatory hearing before the Architectural Access Board has.been scheduled for you to appear on Monday, March 12, 2001 at 2:15 p.m. 21 st Floor, One Ashburton Place, Boston, MA. This hearing is being held to determine whether or not your noncompliance with the Board's order of June 21, 2000 is without justification and if so whether or not to impose fines of'up to $1,000.00 per day per violation. This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A, and § 1.02 of the Standard Rules of Practice and Procedure. At the hearing, each party may be represented by counsel, may present evidence and may cross examine opposing witnesses. Date: February 2, 2001 A HITEf— URAL•'ACCESS BOARD ChailiSerson cc: Independent Living Center Local Building Inspector Local Disability Commission Complainant t The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT.GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR TO: Local Building Inspector Independent Living Center Y Local Commission on Disability Complainant FROM: Architectural Access Board RE: C& DATE: / Enclosed please find a copy of the following material regarding the above location: --Application for Variance Decision of the Board Notice of Hearing Correspondence Letter of Meeting - - The purpose of this memo is to advise you of action taken or to be taken by this Board. If 'you have any information which would assist the Board in making a decision -on this case, you may call this office, or you may submit your comments in writing to the above address. Thank you for your assistance. C.i I The Commonwealth of Massachusetts u W ARCHITECTURAL ACCESS BOARD a � d ou One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT.GOVERNOR Fax: (617) 727-0665- www.state.ma.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR January 31, 2001 Mr. Joe M. deSousa Docket# 99 217 Pastiche O The Blue Room 415 Main Street Hyannis, MA 02601 Y RE:_Pastiche A The Blue Room 415 Main Street ;-Hyannis Dear Mr. deSousa, The Architectural Access Board has received additional information that the facility referenced above has been reported to violate M.G.L. c. 22, § 13A and the Rules and Regulations (CMR 521) promulgated thereunder. Additional reported violations, include the following items, are referenced to the 19 96Rules and Regulations: Section Reported Violation 22.3.1 The cross slope of the accessible route to the blue room has cross slopes exceeding 1:50 (2%). Under Massachusetts law, the Board is authorized to take legal action against violators of its regulations, including but not limited to, an application for a court order preventing the further use of an offending facility. The Board also has the authority to impose fines of up to $1,000.00 per day, per violation, for willful noncompliance with its regulations. You are requested to notify this Board, in writing, of the steps you have taken or, plan to take to comply with the current regulations. Please note the current sections may be different from the sections that are cited above. Unless the Board receives such notification within 14 days of receipt of this letter, it will take necessary legal action to enforce its regulations as set forth above. If you have any questions, you may contact this office. Ski erely, // l .�) ,Oarry.Rtiodes, n�k /Cbai�person i v cc: Local Building Inspector, Local Disability Commission, Independent Living Center, Complainant the Core n, alth of Massachusetts 4 ARC4i- FTECTURAL ACCESS BOARD J One.,Ashburton Place - Room 1310 rst~biT=,N'assachusetts-02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT.GOVERNOR r�sr ,_ www.state.ma.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR TO: Local Buil InspecW-r. ' Local Disabffk/Cbmmission Independent ving,C`�nter Complainant FROM: Ate,� /` TAcCes hard 7 .. SUBJECT: { P DATE: Enclosed please find the following materialiregarding the above premises: l Application for Variance Decision of the Board `�- Notice of Hearing Correspondence Lec � -cf Meet:n- The purpose of this memo is to:adt:your office of action taken or to be taken by this Board. If you have any info ions which, would assist this Board in making a decision on this case, .you may .rat this: offfre at (617) 727-0660 or 1-800-828-7222 (Voice or TDD), or v u may subuftcommeaft in writing to the above address. Thank you for your interest in this mntfer: . CIO i The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD W � � Q One Ashburton Place - Room 1310 oa eW Boston, Massachusetts 02108 '�M sve ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT.GOVERNOR www.state.ma.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR DECISION ON THE IMPOSITION OF FINES RE: Pastiche/The Blue Room 415 Main Street Hyannis,MA 1. On Monday, March 12, 2001, the Architectural Access Board held a FINE HEARING in behalf of Pastiche/The Blue Room in Hyannis. Despite notification of the hearing, Mr. Joe deSousa, Owner/Manage of the facility, failed to appear. The Board decided to go forward with the hearing and found as follows: A Notice of Hearing was sent certified mail for Mr. DeSousa to appear on Monday, March 12, 2001, at 2:15 p.m., One Ashburton Place, Boston, and the notice was signed for. The Notice of Hearing clearly stated the purpose of the hearing was for the Board to determine whether or not the Pastiche/The Blue Room's noncompliance with a Board ORDER of June 21, 2000, was without justification and if so, whether or not the Board was going to impose fines of up to $1,000 per day,per violation. Garry Rhodes, the Chairman of the Board waited for Mr. DeSousa or a representative of Pastiche/The Blue Room to appear until 2:45 p.m., to start the hearing. By way of background: A complaint was filed by Julie Nolan of the Cape Organization for the Rights of the Disabled (CORD) on December 31, 1999. In a letter dated January 17, 2000, the Board notified the owner/manager of Pastiche/the Blue Room of the reported violations. In a letter dated January 31, 2000, Joe M. deSousa.of Pastiche, 415 Main Street, Hyannis advised the Board that he has secured the services of Beacon Architectural Associates to resolve the complaints listed. Thomas Hopkins the Board's Compliance Officer had several conversations with Robert A. Stansell, Jr., AIA, Beacon Architectural Association relative to the reported violations. On April 14, 2000, the Board received.a Fax from Mr. Stansell relative to his findings after his site visit. The Board also received conflicting reports regarding the reported violations from the Hyannis Building Department. In order to resolve the matter and clarify the reported complaints, Thomas Hopkins, the Board's Compliance Officer visited the site on June 8, t0 2000. Mr. Hopkins reported the following, in a letter dated June 21, 2000 to Joe M. deSousa: Section 20.2 - An accessible route from the sidewalk to the bottom of the ramp at the accessible entrance is not provided. The site visit showed that a path of travel to the bottom of the ramp at the accessible entrance is provided, however; the cross slopes of that path of travel exceed 1:50 (2%). Result: Violation. Section 22.3.1 - The cross slope of the walkway from the sidewalk to the accessible entrance exceeds 1:50 (2%). The site visit showed that in many areas throughout the walkway cross slope exceeded 1:50 (2%). A calibrated Smart Level was used to measure the cross slope in approximately 27, locations on the walkway. The cross slopes measured from 4.2%, 8.5%, 5.7%, 6.7%, 8.6%, 4.4%, 3.2%, 4.2%. The measurements showed that a crown exists in the center of the walkway. Result: Violation. Section 24.5.4 - Handrails provided on the ramp do not extend at least twelve (12) inches beyond the top and bottom of the ramp. The site visit showed that the handrails do not extend beyond the bottom of the ramp the required twelve (12) inches. The handrail extensions at the top would present a safety hazard and are therefore not required. Result: Violation, no handrail extensions located at the bottom of the ramp. In the above letter, the Board ordered that the above violations be brought into ` compliance with our regulations by September 1, 2000. The Board also required notification, in writing; within five days of the completion date; indicating whether the work has been completed. Also, it was stated that it would be helpful if photographs were submitted showing the work has been completed. The Board did not receive communication from Mr. deSousa. Subsequently, on December 14, 2000, the Board sent a follow-up letter to Mr. deSousa, via certified mail, asking the status of the case, i.e., whether compliance was achieved by the September 1, 2000 deadline. The Board did not receive a response and therefore scheduled a fine hearing for March 12, 2001. At the hearing on March 12, 2001, the Board discussed the case and finds that Mr. deSousa received adequate notice that the issue to be discussed at the hearing was failure to comply with the Board Order of June 21, 2000. Also, Mr. deSousa failed to communicate with the Board or request that the hearing be rescheduled. THE BOARD THEREFORE VOTED THAT MR. deSOUSA'S NON-COMPLIANCE WITH THE BOARD'S ORDER IS WITHOUT JUSTIFICATION AND VOTED TO IMPOSE FINES AS FOLLOWS: 1. A FINE OF $500.00, PER DAY, PER VIOLATION FOR FAILURE TO COMPLY WITH THE BOARD'S ORDER ON: SECTION 20.1, THAT REQUIRES THE CROSS SLOPES OF THE PATH OF TRAVEL FROM THE SIDEWALK TO THE BOTTOM OF THE RAMP AT THE ACCESSIBLE ENTRANCE (PASTICHE) NOT EXCEED 1:50 (2%); J SECTION 22.3.1 —THE CROSS SLOPE OF THE WALKWAY FROM THE SIDEWALK TO THE ACCESSIBLE ENTRANCE EXCEEDS 1:50 (2%) AND, SECTION 24.5.4—THE HANDRAILS AT THE BOTTOM ON OF THE RAMP D0 NOT EXTEND TWELVE (12) INCHES. 2. A FINE OF $500.00, PER DAY,PER VIOLATION BEGINNING MARCH 12, 2001 AND CONTINUING IN EFFECT UNTIL SUCH TIME THAT THE RAMP IS BROUGHT INTO FULL COMPLIANCE WITH THE BOARD'S REGULATIONS (521 CMR). THIS FINE IS BEING IMPOSED FOR FAILURE TO COMPLY WITH THE BOARD ORDER OF JUNE 21, 2001, WHICH REQUIRED THE RAMP TO BE BROUGHT INTO COMPLIANCE BY SEPTEMBER 1, 2001. THE BOARD WILL ONLY ACCEPT WRITTEN NOTIFICATION FROM THE .LOCAL BUILDING INSPECTOR AS TO WHEN COMPLIANCE WITH THE RAMP AND WALKWAY HAS BEEN ACHIEVED. This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be filed in court no later than thirty(30) days of receipt of this decision. DATE: March 14, 2001 ARCHITECTURAL ACCESS BOARD r Garry Rqdes Chairm cc: Local Building Inspector Local Disability Commission Independent Living Center Complainant 3 Y TOWN OF BARNSTABLE �. SIGN PERMIT 'PARCEL ID 326 014 GEOBASE ID . 23981 ADDRESS 415 MAIN STREET (HYANNIS PHONE HYANNIS ZIP ' i LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 53651 DESCRIPTION OCEAN GRILL A& BLUE ROOM 9.91SQ FT 14 SQ FT PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $50.00 BOND $.00 Ox WE CONSTRUCTION COSTS $.00 753 MISC. . NOT CODED ELSEWHERE * ; * iAMSfABLE, iMASS. `��► i BU .LDING DIVISION DATE ISSUED 05/30/2001 EXPIRATION DATE /� ' � t Regulatory Services Thomas F."er,Director Building Division m"s9' 3 �&6 19. Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Fax: 508-790-6230 Office: 508-862-4038 Tax Collector Treasurer r/ Application for Sign Permit G /`1' Assessors No. , ' Applicant:�� MPA ` / -O `�-70Z Doing Business As: Telephone No - Sign Location _ /y% � Ole A�2vl Yes�`"� 2J . Highway? Y�gyms Historic Distrio Zoning District: Old Kings High y Property Owner Telephone: Name. Village: `�-� /lif Address: Sign Contractor s Telephone: Name• 4�a Village: Address: Description g location of buildings and existing signs with dimensions,location and size of the new sign. This Please draw a diagram of lot ssho��uld be drawn on the reverse side of this application,, Is the sign to be electrified? Ye (Note:If yes, a winnBPermit is required of the owner to make this application, that I hereby certify that I am the owner or that I have the authority the information is correct and that the use and construction shall conform to the provisions of Section 4-3of the Town of Barnstable Zoning Ordinance. A�L Signature of owner/Authorized Agent: D�te: 7 Size: l =Per> t Fee: Sign Permit was approved: Disapproved: Date: — Signature of Building Offr ial: Signl.doc re►•.8/31/98 L _ �2s 25 A 01 f � yy"I ON at kk 11, F .y 4 �• t • � if*` � Y •�E i i• t ' r`of - i F r Al r 3S n M1 Rr Vj r � t � f• ` n w yi�N�t' a rU' L 3 j 3. it .� Y'S; �� ` m r�i. - +;,� r..�7 �* �. ��., x s „_� .,+, tr.g 4+• � iY „� rr k �:t f _ Tl *` -st.. �r' ti �• � xZY s � � yd�j � 4�F�,a'• , r ,a f The Commonwealth of Massachusetts W ARCHITECTURAL ACCESS BOARD d One Ashburton Place - Room 1310 S A� .•W Boston, Massachusetts 02108 o,,M Sig ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT.GOVERNOR Fax: (617) 727-0665 www.state.ma.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR December 14, 2000 Mr. Joe M. deSousa Pastiche O The Blue Room 415 Main Street Hyannis, MA 02601 RE:-Pastiche O The Blue Room 415 Main Street Hyannis M__7 Dear` `Mr:'deS`du*sa, On January 17, 2000 you'were notified of a complaint filed against you with respect to alleged violations of the Board's Rules and Regulations. To date, we have not received a plan for compliance. If you do not respond within ten (10) days of receipt of this letter, the Board will schedule a hearing for you to appear on the complaint. You should also be aware that the Board has the authority to impose fines of up to $1,000.00 per day per violation for any person found in willful violation of the Board's orders. Sincerely, Thomas P. Hopkins Compliance Officer cc..,Z6ca( Buildin g s Inspector` Local Disability Commission Indeperidert`Living Center Complainant zJ - The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 28, 2000 Architectural Access Board One Ashburton Place - Room 1310 Boston, Massachusetts, 02108 RE: Pastiche O The Blue Room, 415 Main Street, Hyannis To Whom It May Concern: Please be advised that, pursuant to your notification, this office did an inspection of the above restaurant. We found no violations as you indicated in your letter. Sincerely, Ralph M. Crossen Building Commissioner RMC:ce q/wpfiles/crossencorrespondence/g000128a 0/ae t�omonc�xu�ea�� o��% ivaPlla �'�' �xc�u[ecG�rczl �a Aoa d 0 �® Jai seo o _ .3 3 .- 0,0 sa&�� - R� '4.�90 PD METER fit, wadjeM OW08 U.S. POSTAGE 7031578, Ralph Crossen- i Building Commissioner Town Hall - 367 Main Street Hyannis, MA 02601 CJ punted on recycled pace, — .. ] �;: : i ! -.s4!! .�(V::E1�F?7 �'$Tt 1 F •1 StF':CS ._.. - _ `� `� �, _ _-....._.,. _ l ...�.+ .. _ .� i �� \� �` �. �, i iiii i ii iiiii ii i ii ii i i iii iii ii i i i li i The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT. GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR January 17, 2000 Owner/Manager Pastiche O The Blue Room 415 Main Street Hyannis, MA 02601 RE: Pastiche O The Blue Room , 415 Main'Street , Hyannis Dear Sir/Madam: Upon information received by the Architectural Access Board, the facility referenced above has been reported to violate M.G.L. c. 22, § 13A and the Rules and Regulations (CMR 521) promulgated thereunder. Reported violations, include the following items, are referenced to the 1996 Rules and Regulations:. Section: Reported violation: 20.2 An accessible route from-the sidewalk to the bottom of the ramp at the accessible entrance is not provided. 22.3 1 The crossslope of th`e walk way from the side walk to the accessible entrance exceeds 1:50 (2%). 24.5.4"' Handrails provided on the ramp do not extend at least 12 inches beyond the top and bottom of the ramp. (Complaint#99 -217) Under Massachusetts law, the Board is authorized to take legal action against violators of its regulations, including but not limited to, an application for a court order preventing the further use of an offending facility. The Board also has the authority to impose fines of up to $1,000.00 per day, per violation, for willful noncompliance with its regulations. You are requested to notify this Board, in writin4, of the steps you have taken or plan to take to comply with the current regulations. Please note the current sections may be different from the sections that are cited above. Unless the Board receives such notification within' 14 days of receipt of this letter, it will take necessary legal action to enforce its regulations as set forth above. If you have any questions, you may contact this office. S ' erely,arry lodes,W„ Chairperson cc: / , r Local Building Inspector. ` Local Disability Commission Independent Living Center Complainant - t� �- ., , L _.,, � C. � ' � i �� I i- •� � � � 1 r.,, ,i . .' : . � , � . �. i a 1 ■� Lr �)