HomeMy WebLinkAbout0157 MELBOURNE ROAD �- -- - -- - - --____- - ----- - _- - - - - � 1
Town of Barnstable
of IHE rod T Building Department Services
i Brian Florence, CBO
BANNS ABLEi r BARNSTABLE.
94 MASS. Building Commissioner
Q 1639. A0 t639-2014
�Fo MnY a 200 Main Street, Hyannis, MA 02601 �
www.town,barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
November 19, 2021
Mr. Eric Schwaab
157 Melbourne Road
Hyannis, MA 02601
Re: Request for enforcement dated 11/9/2021
Dear Mr. Schwaab,
I am in receipt of email correspondence from you dated November 19, 2021. The
allegations in that request for enforcement as you know are identical to those addressed in
my letter to you dated August 18, 2021. In my previous letter I indicated that I refused to
act upon your request for the reasons stated therein.
Please be advised that I have entered your request for enforcement into our code
compliance system and have carefully reviewed it along with your other requests. In
accordance with M.G.L. c. 40A § 7 1 am hereby notifying you that I am not required to act
upon your most recent request. My reasoning and determination is that the basis of your
request is identical to the request that I declined to act upon in August 18, 2021 (please
reference my previous letter to you).
You may recall in that letter that I informed you of your right to appeal my determination
under M.G.L. 40A § 15 within 30 days of my denial. As of today it does not appear as
though you have taken advantage of your ability to make an appeal. Please reference
M.G.L. for any remedies that may be available to you.
I hope that this.information has been helpful if you have any questions please feel free to
call me.
R.eggards,
Brian Florence
Building Commissioner
SHE Town of Barnstable
T
Building Department Services
A AAA
Brian Florence, CBO
• x BARNSTABLE
+ BARNSTABLb; +
as MASS. Building Commissioner
O t639- A w� 1639.2014
D MpY 200 Main Street, Hyannis, MA 02601 5D5
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Request for Zoning Enforcement
DENIAL
August 18, 2021
Schwaab,Eric&Eleanor
157 Melbourne Road
Hyannis,MA:02601
Re: 168 Melbourne Road
Dear Mr. &Mrs. Schwaab,
We are in receipt of a series of requests for zoning enforcement from you regarding the property
located at 168 Melbourne Road. Those requests for enforcement have been entered into our code
compliance program and are identified as: Case 19-301; Case 19-302 and Case 19427 . As you
know you have also submitted multiple emails citing dozens of allegations and seeking updates to
the cases identified above.
Within the text of this letter you will find our response and disposition of the various alleged zoning
violations that you raised. Your allegations and questions are repeated here in chronological order
for convenience,you will find them below in italicized type. My responses are written as findings
and conclusions written below each allegation and/or question.
Upon receipt of your request for enforcement, individuals from the Building and Heath divisions as
well as the Barnstable Police Department conducted a series of inspections. Based upon your
requests and those inspections I submit the following responses:
May 6, 2019 email from Eric Schwaab to Director Jenkins
Finding: this is an email inquiring as to who regulates rental property.
May 6,email from Director Jenkins to Eric Schwaab
Finding:this is an email identifying who regulates rental property.
May 9,2019 at 10:15 AM Eric Schwaab<eschwaab@gmail.com>
....Parking wrecked trucks on the front lawn in May of last year. They removed the two cars, but it
was not a pleasant experience.
Finding: Complainant advises in the complaint that the matter resolved prior to
investigation.
Conclusion:No zoning violation observed,no action required or taken.
....shot provided includes trash that was removed from the back.
Finding: The subject of the photo was related to ongoing construction. Complainant
advises in the complaint that the matter resolved prior to investigation.
Conclusion: No zoning violation observed,no action required or taken.
There has been some cleanup. The construction has stopped for now. The last of many trash hauls
from the back appears to have been finalized.And, a cleaning service stopped by.
Finding: The subject of the complaint was related to ongoing construction. Complainant
advises in the complaint that the matter resolved prior to investigation.
Conclusion: No zoning violation observed,no action required or taken.
I don't know the scope of'the salvage effort. So many appliances have come and gone, I don't know
if they are in the basement or if they are being sold online.
Finding: Inspection revealed no salvage in the basement but rather that appliances had
been removed from the home for remodeling and stored outside. There is no evidence
(including searches of craigslist or ebay) of sales online or otherwise.
Conclusion:No zoning violation observed, no action required or taken.
There has been a lot of open pit fires in the back north east corner. The tenent has been burning
construction materials.
Finding: This is not enforceable by Inspectional Services; complainant is advised here to
contact Hyannis Fire Department when the alleged offense is occurring
Conclusion:No zoning violation observed, no action required or taken.
There appears to be 3 adults and 4-5 children in the house at this time.
Finding: If accurate,this is not a violation of anything (Reference Chapter 59—
Comprehensive Occupancy Ordinance).
Conclusion:No zoning violation observed,no action required or taken
There are two unregistered businesses. The salvage business and the sausage distribution business.
Finding:
Allegation 1 -There was no evidence to substantiate a salvage business.
Allegation 2 -There was no evidence to substantiate a sausage distribution business.
Conclusion: No zoning violation observed,no action required or taken.
There isn't enough off road parking for 2 trucks and a commercial van.
Finding: On street parking violations are not enforceable by inspectional Services;
complainant is advised here to contact Hyannis Police Department when alleged offense is
occurring. Notwithstanding the jurisdictional issues I have been informed by Barnstable
PD that on-street parking on public roads is lawful.
Conclusion: No zoning violation observed,no action required or taken.
The house is not registered with the town as a rental.
Finding: The property owner was ordered to register the property as a result of the initial
compliant. It has been registered as a rental since 2019 and is in compliance with the rental
registration ordinance.
Conclusion: No zoning violation observed,no further action required or taken.
The basement appears to have been finished without permits.
Finding: The basement area was emptied of its contents and in the process of being painted
at the time of our inspection. It was not in the process of being constructed... based upon
an inspection of the premises the construction materials were determined to be pre-existing.
Conclusion:No zoning violation observed,no action required or taken.
The septic was last reviewed in 1989. I'll try to find the title v letter at the Registry. It's an old septic
in a critical area.
Finding: The Health division reviewed this at the time of their inspection and determined
that the wastewater treatment system was compliant and found no violations.
Conclusion:No zoning violation observed,no action required or taken.
I would like Mr. Bleu's authority to rent in Hyannis to be revoked. He's just not a good neighbor.
Finding: The request is denied. Remedy for violations is within the purview of the
enforcing authority not a complainant.
Conclusion:No zoning violation observed, no action required or taken.
On Wed,Apr 15,2020 at 11:09 AM Eric Schwaab <eschwaab@gmail.com>wrote:
I've spoken to the landlord Alfred Bleau and he told me that you have inspected this property and
approve of it in it's current condition.I don't believe this to be true. I can't imagine that you would
allow a property in this condition in a single family neighborhood.
Finding: Property was inspected in order to ascertain compliance with zoning and the
Rental Registration program. It was found to be in compliance. "
Conclusion:No zoning violation observed,no action required or taken.
I understood that business activities should not be visible from the street. And, I'd image that
running a boat repair business in an area of critical concern for our drinking water isn't
permissible in the Town of Barnstable considering the amount of money we've spent re-
rehabilitating the Straightway well complex.
Finding: There is no evidence from the complainant or our investigators concerning a boat
business. Privately owned boats are customarily incidental to a single-family use. The
same boat has been on the property for the last 3 years.
Conclusion:No zoning violation observed, no action required or taken.
May 23, 2021 at 8:00 AM Eric Schwaab<eschwaab@gmail.com>wrote:
Mr. Bleu's tenant has aggressively expanded his junk hauling business. He recently added 2 trailers
to his arsenal of neighborhood nuisances.
Finding: Having conducted several inspections I have only observed and documented 1
trailer.
Conclusion: No zoning violation observed,no action required or taken.
The truck and trailer in this photo greets us each morning with an amazing array of junk. Every
morning brings us a new assortment. There is a second trailer parked in the driveway that appears
to be used for metal collection and storage
Finding: Having been to the site on several occasions and at different hours of the day I
have not observed more than one trailer on site.
Conclusion:No zoning violation observed, no action required or taken.
...the derelict motor boat that we reported to you in 2020 remains parked in the front yard. The
boat has no current registration or cover. The tires are flat and the boat has not moved in two
years. I'm not sure it floats
Finding: This is not enforceable by Inspectional Services; contact the Barnstable Police
Department when alleged unregistered vehicle offenses are occurring. Notwithstanding the
jurisdictional issue I have been advised by Barnstable PD that the boat and trailer are
registered.
Conclusion: No zoning violation observed, no action required or taken.
The zoning regarding boat storage is very specific.Mr. Bleu should be fined$300 per day for
improper boat storage.
Finding: The remedy for violations is within the purview of the enforcing
authority not a complainant;nevertheless,privately owned boats are customarily incidental
to a single-family use and are not violative of zoning.
Conclusion: No zoning violation observed, no action required or taken.
Similarly, the home occupation regulations Mr. Florence touted specifical allows for one truck and
one trailer.Not two trailers.
Finding:Having conducted several inspections 1 have only observed and documented 1
trailer.
Conclusion:No zoning violation observed,no action required or taken.
Also, I don't believe that junk hauling is considered an allowable business activity for any
residential neighborhood in Barnstable.
Finding: A registered vehicle with contents intended for a junk yard or the transfer station
is not a violation of zoning. The property is clean and not being used to process junk....
There is no violation of the zoning ordinance concerning this issue.
Conclusion:No zoning violation observed,no action required or taken.
There are two special needs children living on Melbourne Circle next to Mr. Bleu's property. With
school bus services re-starting in the foreseeable future, it would be helpful ifMr. Bleu instructed
his tenant to park his vehicles on his property and not on the street so that the bus can make the
turn in a tight circle.
Finding: This is not enforceable by Inspectional Services; contact the Barnstable Police
Department when alleged parking offenses are occurring. Notwithstanding the
jurisdictional issue I have been informed that on-street parking on public roads is lawful
and is not a violation.
Conclusion: No zoning violation observed, no action required or taken.
From: Eric Schwaab [mailto:eschwaab@gmail.com]
Thursday,May 27,20218:16 AM
Do you feel that you have communicated to the property owner local zoning guidelines?
Answer: Communication of the zoning ordinance to our citizens is done through the
posting of our ordinances and by making them available to our citizens upon request,to
that end yes,we have communicated the Town's zoning requirements to the owner.
If so, what is the procedure for follow-up?
Answer: The question doesn't make sense in context but to the degree that it is understood,
we conduct site visits to ensure code compliance as we have done in these matters. We do
not"follow-up"with the owners knowledge of the zoning ordinances.
Will you impose fines for the improper boat storage?
"Answer: We have a variety of options available to us to compel enforcement, one of those
is the use of fines. If voluntary compliance does not take place during an enforcement
action our staff decide what the appropriate remedy is on a case by case basis. With that
said,the remedy for violations is within the purview of the enforcing authority not a
complainant. But the matter is moot as privately owned boats are customarily incidental to
a single-family use and are not violative of zoning.
Will you have the second trailer and all junk removed?
Answer: There is only one trailer and the yard is free from junk
Can you declare this property owner a nuisance and restrict use of this home as a rental?
Answer:No
On Fri,May 28,2021 at 7:33 AM Eric Schwaab<eschwaab@gmail.com>wrote:
We've been more than patient already. It would be helpful i f you could provide a timeline and a
statement of the expected result.
Answer: Our timeline is that we have actively monitored this property since your original
complaint filed with us on May 6, 2019. The conclusion of this letter will provide the
results of our investigation and the disposition of your complaints.
From: Eric Schwaab [mailto:eschwaab@gmail.com)
Sent: Tuesday,June 29, 20219:04 AM
Can you please provide an update of your effort to enforce compliance of residential zoning
guidelines at 168Melbourne.
Answer: Please consider this letter our response and update to your requests for zoning
enforcement.
Mr. Bleu's tenant is actively engaged in a trash hauling business in our neighborhood.
Finding: A registered vehicle with contents intended for a junk yard or the transfer station
is not a violation of zoning. The property is clean and not being used to process junk....
There is no violation of the zoning ordinance concerning this issue.
Conclusion: No zoning violation observed,no action required or taken.
See attached photographs of washing machines, refrigerators, and industrial refuse being hauled
into the neighborhood.
Findings:We did see these items and were able to determine from in inspection that they
were on a vehicle(trailer)registered with the Registry of?`Motor Vehicles. See also previous
answer
Conclusion: No zoning violation observed,no action required or taken.
The zoning regarding the storage of white goods is quite clear and enforceable.
Finding: "White goods"is not defined in our zoning ordinance,however,there has been no
evidence of storage beyond the storage of household contents(appliances)during a
renovation project back in 2019 other than having contents in a properly registered trailer.
Conclusion:No zoning violation observed,no action required or taken.
The storage of unregistered boats carries a daily fine.
Finding: This was addressed previously... This is not enforceable by Inspectional
Services; contact the Barnstable Police Department when alleged unregistered vehicle
offenses are occurring. Notwithstanding the jurisdictional issue I have been advised by
Barnstable PD that the boat and trailer are registered.
Conclusion:No zoning violation observed, no action required or taken.
The guidelines surrounding home occupations are clearly stated.
Finding: It was determined that the tenant had a home occupation registration but it was
for a different property. The tenant was ordered to make application to transfer their home
occupation registration from his previous address to 168 Melbourne Road. The Town
Clerk's office has informed me that that has not yet been done.
Conclusion: A zoning violation was observed, abatement was ordered.
Can you explain why you are having recurring issues with this property?
Answer:We have no evidence of recurring zoning issues that you allege and believe that
you have misinterpreted the ordinance.
What is the status of your effort to ensure compliance with residential zoning?
Answer: Status is complete with the exception of the Home Occupation registration which
is under an enforcement order.
After a careful examination of your request for zoning enforcement,the various allegations you
have made and multiple site visits by various agencies I have determined that with one minor
exception your request for enforcement is DENIED and we consider these matters closed. The
outstanding issue is simply the transfer of the Home Occupation Registration. We will follow-up
with the Town Clerk's office to ensure that is done but we will not provide further notice or update
of our efforts in this regard as it is a Town Clerk matter.
If you have been aggrieved by this determination, you may file an appeal with the Town Clerk as
well as the Planning and Development Department of the Town Barnstable, specifying the ground
thereof within thirty(30)days of the receipt of this notice in accordance with Chapter 40A Section
15 of the Massachusetts General Laws.
Re ar&
V
Brian Florenc
Building Commissioner
Town of]Barnstable
FIKE rpk� ]Building Department Services
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Brian Florence,CBO
4�, �` Building Commissioner
200 Main Street' Hyannis,MA 02601
rED MICI R
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
COMPLAINVINQUIRY REPORT
Date: r Z,6 Rec'd by:
Complaint Name: Map/Parcel r
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FOR OFFICE USE ONLY
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Inspector's Action/Comments Date: . Inspector: .
Additional Info.Attached
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Revised:08/16/17
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Town of Barnstable
Regulatory Services
Richard V. Scali,Director
Building Division
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'OlEp gel s Paul Roma Building Commissioner
200 Main Street, Hyannis,MA 02601
l www.town.barnstable.ma.us
Office: 508-862-4038 Fax,:*S'1 -790-6230
COMPLAINVINOUIRY REPORT
Date: Rec'd by:
Complaint Name: ��L'� d r7 Map/Parcel 2-6
Location �Z�� I
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Originator Name: 4S11 G.t- I f G4 `aAA1`6
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Village: State: &A Zip: O/
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Complaint Description: 7 4e,- - A,.104 5 t zq,,j`t/ An4d
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Inspector's Action/Comments Date: l J -7 Inspector:
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Additional Info.Attached
Q:forms:complaint
Revised:07/18/16
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Complaint Number:'. 1719 _"Taken by BLJLDING S�RVLCS
Date: 4 7 00 Map/parcel:
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Referred to: UILDI.NTGgt
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SUBJECT OF COMPLAINT ,3
Business/Occupant Name:
Number 157 Street ME,EBOURNE'S 1
Villaze: W t�N�T>S1'O�2' _
COMPLAINT INFORMATION . 4
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Complainant's Name: SARNOLD CUMMINGS -
Address: _
Telephone Number.., 775/1755
Complaint,Description DUMPSTER IN STREET---ALSO LASE-
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Actions Taken/Results: SENT TO B.P.D.-----B.O.H. AND TOM P. LL
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Date Closed•
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