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HomeMy WebLinkAbout0168 MELBOURNE ROAD I (gg m oil F, Town of Barnstable Building Department Services Brian Florence, CBO RALMAZA� Building Commissioner, 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 COWLAINTANQUIRY REPORT 1F Date: Rec'd by: Complaint Name: eAZA,S AA P 14) Map/Parcel Location / Address: .P�I Originator Name: . Street: 1 Village: State: 0"`� Zip: Telephone: L 7 -- ` / Complaint Description: PV4 --ICA Uo�v 46A) l/dl i,��t►`Q�� v.J � ��d � � d` FOR OFFICE USE ONLY Inspector's Action/Comments Date: Inspector: Additional Info.Attached '• r Q:forms•eomplaint Revis4:08/16/17 � - ` y ` ..J S ,:' �� L s !` . i ` ti •f ' ,r a ti ' I a. � a a c ti .{, .� `/ ' / / .. _ �� Town of Barnstable Building Department Services Brian Florence, CBO A MA Building Commissioner BABSTABLE 200 Main Street Hyannis, MA 02601 &FXSiR&F 03RE VLLE•CONR•N NNNS > > 1639-2014 www.town.barnstable.ma.us 575 Office: 508-862-4038 Fax: 508-790-6230 November 2, 2021 Notice of Zoning Ordinance Violation(s) and Order to Cease, Desist and Abate: Vinaeaus Pereira Rabelo Via Certified Mail to Address Noted Below Alfred A.Bleu,Tr Via Certified Mail to Address Noted Below Bayview Realty Trust You are herebynotified that you are in violation of Part 1 of the Town of Barnstable General Ordinances, Chapter 240-Zoning, and are ORDERED this date 11/2/2021,to: CEASE AND DESIST all functions associated with the following violation(s) at 168 Melbourne Road,Hyannis,MA,Assessors Map 267 Parcel 157, Summary of Violation: On 11/2/2021, I observed a violation of the Barnstable Zoning Ordinance Chapter 240 Section(s) Section 11 A(1). Specifically,I noted the outdoor storage of several used appliances and debris typical of a metal recycling business, a use contrary to the governing single-family residential restrictions which does not allow for unrestricted business operations. On 11/2/2021, I also observed a violation of the Barnstable Zoning Ordinance Chapter 240 Section (s)46A&B. Specifically; I noted the outdoor storage of several used appliances and debris typical of a metal recycling business. The conditions found are in violation of the Home Occupation registration submitted and signed by Mr. Rabelo on 9/10/21. The use and outdoor storage of the aforementioned materials and items were explained to be expressly prohibited during the numerous conversations I had with Mr.Rabelo and family. Restrictions are outlined in the registration document as well. Summary of Action to Abate Violation: Immediately cease the operation of a recycle business at the residential address.In order to abate this violation and to avoid further enforcement action by this office, commence immediately upon receipt of this notice the following action: 1.Mr.Rabelo should obtain an appropriate commercial location for his business activities. 2.Abide by all of the restrictions as outlined in the Home Occupation registration and return ` the use of the property to that of a single family home. And, if aggrieved by this notice and order, you may file an appeal with the Town Clerk of Barnstable, specifying the ground thereof within thirty (30) days of the receipt of this order (in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed, action to abate this violation has not commenced, further action as the law requires will be taken. By Or4eer, Brian Floren e Building Commissioner Record Owner: Alfred A.Bleu,Tr Bayview Realty Trust 28 Peachtree Road Marstons Mills,MA 02648 Occupant: Vinaceaus Pereira Rabelo 168 Melbourne Rd Hyannis,MA 02601 I Town of Barnstable Building Department Services Brian Florence, CBOaiaa� Building Commissioner BARNSTABLE 200 Main Street Hyannis, MA 02601 " " " "�'�"""""""� WAtilQYS"NS•OSiERVWF•'lM1STB4iNSItAE 1 1 1639-2014 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 November 2, 2021 Notice of Zoning Ordinance Violation(s) and Order to Cease, Desist and Abate: Vinaeaus Pereira Rabelo Via Certified Mail to Address Noted Below Alfred A.Bleu,Tr Via Certified Mail to Address Noted Below Bayview Realty Trust You are hereby notified that you are in violation of Part 1 of the Town of Barnstable General Ordinances, Chapter 240-Zoning, and are ORDERED this date 11/2/2021,to: CEASE AND DESIST all functions associated with the following violation(s) at 168 Melbourne Road,Hyannis,MA,Assessors Map 267 Parcel 157, Summary of Violation: On 11/2/2021,I observed a violation of the Barnstable Zoning Ordinance Chapter 240 Section(s) Section 11 A (1). Specifically,I noted the outdoor storage of several used appliances and debris typical of a metal recycling business, a use contrary to the governing single-family residential restrictions which does not allow for unrestricted business operations. On 11/2/2021,I also observed a violation of the Barnstable Zoning Ordinance Chapter 240 Section (s)46 A&B. Specifically; I noted the outdoor storage of several used appliances and debris typical of a metal recycling business. The conditions found are in violation of the Home Occupation registration submitted and signed by Mr.Rabelo on 9/10/21. The use and outdoor storage of the aforementioned materials and items were explained to be expressly prohibited during the numerous conversations I had with Mr. Rabelo and family. Restrictions are outlined in the registration document as well. Summary of Action to Abate Violation: Immediately cease the operation of a recycle business at the residential address.In order to abate this violation and to avoid further enforcement action by this office, commence immediately upon receipt of this notice the following action: 1.Mr. Rabelo should obtain an appropriate commercial location for his business activities. 2.Abide by all of the restrictions as outlined in the Home Occupation registration and return the use of the property to that of a single family home. And, if aggrieved by this notice and order, you may file an appeal with the Town Clerk of Barnstable, specifying the ground thereof within thirty (30) days of the receipt of this order (in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed, action to abate this violation has not commenced, further action as the law requires will be taken. By Or4eer, Brian Floren e Building Commissioner Record Owner: Alfred A.Bleu,Tr Bayview Realty Trust 28 Peachtree Road Marstons Mills,MA 02648 Occupant: Vinaceaus Pereira Rabelo 168 Melbourne Rd Hyannis,MA 02601 Town of Barnstable Building Department Services SME l Brian Florence,CBO Building Commissioner BAMSTABLK� 200 Main Street,Hyannis,MA 02601. Mass. www.town.barnstable.ma.us e �--C Uz- 3 y4p 1 Ala, Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: _-- - - ----- --- -- Permit#: - -- -- HOME OCCUPATION REGISTRATION Dater" Name -!/U_C 111 f �L Phone#:_ d J ` S Y T U O Address 1. U� �if,%t:t'Z �C7/�/U('''�l� _Village: �/+d�✓yl : Name of Business:. H.b A D -s:" A-Al ��-ff ' P27i� /n Type of Business: )1J Sf P $ .1ap/Lot: f INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the pennanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment: • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering. Applicant: ��/yzlel a O " 202 /'���' Date: Homeoc.doc Rev.06/20/16 Town of Barnstable Building Department Brian Florence, CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.bams table,ma.us Pre-application for Business Certificate Date W h) Map Parcel Applicant Information Applicants Name �i(/��Q'(/� �L'�r�/ 7F (32 o Applicants Address 1 69 aZ2 IfO/741 /_j 0 Email Address(:fA�t NC3`���-G,��C� CO- Telephone Number ,©� 3 Y �� 6 O Listed ❑ Unlisted ❑ Business Information New Business? G4 11',u �� , ----- --=--- L-- - --------- '��� Business is a registered corporation? ------------------------- Yes If yes Name of Corporation Does business operate under the registered corporate name? Yes Is the business a sole proprietorship or home occupation? --------- ff je No If yes then as H+ome Occupation Registration is required—See Building Division Staff C�.Name of Business Q V o A'd k)ay "AA'A 41 Business Address � _ AAA E ;RD 2 Type of Business C>n iq 3 M 7 Building Commissioner Office Use Only Conditions Building Commissioner Date Clerk Office Use Only CODE of Town of Barnstable, MA Tuesday, November 2, 2021 Chapter 240. Zoning Article V. Accessory Uses § 240-46. Home occupation. [Added 8-17-1995 by Order No. 95-195] A. Intent. It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single-family dwellings, subject to the provisions of this section, provided that the activity shall not be discernible from outside the dwelling; there shall be no increase in noise or odor; no visible alteration to the premises which would suggest anything other than a residential use; no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. B. After registration with the Building Commissioner, a customary home occupation shall be permitted as of right subject to the following conditions: (1) The activity is carried on by the permanent resident of a single-family residential dwelling unit, located within that dwelling unit. (2) The activity is a type customarily carried on within a dwelling unit. (3) Such use is clearly incidental to and subordinate to the use of the premises for residential purposes. (4) Such use occupies no more than 400 square feet of space. (5) There are no external alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use. (6) The use is not objectionable or detrimental to the neighborhood and its residential character. (7) No traffic will be generated in excess of normal residential volumes. (8) The use does not involve the production of offensive noise, vibration, smoke, dust or other particulate matter, odors, electrical disturbance, heat, glare, humidity or other objectionable effects. (9) There is no storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of normal household quantities. (10) Any need for parking generated by such use shall be met on the same lot containing the customary home occupation, and not within the required front yard. (11)There is no exterior storage or display of materials or equipment. (12) There are no commercial vehicles related to the customary home occupation, other than one van or one pickup truck not to exceed one-ton capacity, and one trailer not to exceed 20 feet in length and not to exceed four tires, parked on the same lot containing the customary home occupation. (13) No sign shall be displayed indicating the customary home occupation. (14) If the customary home occupation is listed or advertised as a business, the street address shall not be included. (15) No person shall be employed in the customary home occupation who is not a permanent resident of the dwelling unit. (16) Customary home occupations shall not include such uses. similar to, and including the following: (a) Barber- and beauty shops. (b) Commercial stables or kennels.111 [1] Editor's Note:See Ch. 376, Stables. (c) Real estate or insurance office. (d) The sale of retail or wholesale merchandise from the premises. (e) The sale of antique or secondhand goods. (f) Service or repair of vehicles, and gasoline or diesel powered machinery. (g) Contractors storage yards. (h) Veterinary services. (i) The manufacture of goods using heavy machinery. Q) Medical or dental practice. (k) Fortune-telling or palm reading. C. Home occupation by special permit. A home occupation may be permitted.in the RC-1 and RF Single-Family Zoning Districts, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein, and subject to the specific standards for such conditional uses as required in this section: (1) All of the requirements of Subsection B(1) through (12) above. (2) There is no more than one nonilluminated wall sign not exceeding two square feet in area, listing only the occupants' name and occupation. (3) Not more than one nonresident of the household is employed. (4) Home occupations shall not include the uses listed in Subsection B(16) above. (5) The Zoning Board of Appeals may permit the home occupation to be located within an accessory structure located on the same lot as the single-family residential dwelling unit. (6) Approval of site plan review is obtained. (7) The special permit shall be issued to the applicant only at his or her residence, and shall not be transferable to another person, or to another location. 2_ Town of Barnstable BUILDING_ DEPT. Building Department Services �,y�'oFt►+e�Owti i Brian Florence,CBO SEP 10 2021 "' �• Building Commissioner BMINSTnat.E, 200 Main Street,Hyannis,MA 02601 TOWN OF B'ARNSTABLE MASS. A 1639• ��� www.town.barnstable.ma.us Office: 508-862-4038 C L 3 � 1508-790-6230 Approved: Fee: Sr Permit#: AiOX& a HOME OCCUPATION REGISTRATION Date: O J -l0 p 20 Zl Name: ��d-!/U C l(�S 7? Phone#: ,s o e Address: [ U EJ /l1y r t I?OJ3,)j Village: /4U14-11 Name of Business: A/ D AA-1 4Je/ e A/7 Type of Business: P,�-1�41/r1 UJ;J SA g P, t) p/Lot: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance;provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase.in air or groundwater pollution. " After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the pennanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than-400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of nonnal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities.' • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within,the required front yard. • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. .' • No person shall,be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have read and agree with the above restrictions for my home occupation.I am registering. Applicant:��y1//�l!/� /� [ KJ Date: �d2 Homeoc.doc Rev.06/20/16 Il -THE Town of Barnstable pF t0 �y Building Department Services Brian Florence, CBO BARNSTABLE+ BARNSTABLb, • yo 84ASS. A Building Commissionert63 «^> a: ` ^ . o, A A � 200 Main Street, Hyannis, MA 02601 65P54 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 19-427 . 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 Fending: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:vas 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. 171 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. r 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 if Mr. 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 content 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 if 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 168 Melbourne. r 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. ine 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. r 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 dF� Town of Barnstable i NAM s B"�"''�`� Inspectional Services 039. Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 May 15, 2019 Vonocous Rabelo 168 Melbourne Road ' Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH.REGULATIONS. The property occupied by you located at 168 Melbourne Road, Hyannis,.MA was visited on May 14, 2019 by Timothy B. O'Connell, R.S., Health'Inspector for the Town of Barnstable. This inspection was conducted in response to a complaint filed with the Public Health Division. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 54 Building and Premises Maintenance were observed: §54-3 (A) Outdoor Storage Multiple items are being stored outdoors on this property which are not screened from public view and are not within an enclosed structure as required by above ordinance. These items include but are not limited to: car parts, trash, garbage, tools, lumber, (2) refrigerators, kitchen oven and various other assorted debris. You are directed to correct. the violations listed above within (15) days of your receipt of this letter by removing said items from property and/or storing them in an enclosed structure. You may request a hearing before the Board of Health if written petition requesting same is received within 10 (10) days after the date the order is served Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Town of Barnstable r n pIHEr �- a � `. �a. - �.... Printed©n 5/2 /2019 - ° C�ompla�nt Gall Report . ., ST,BL& • 168 MELBOU RN ER d n . p16OAD,�HYANNIS lED MA Case# C-,19-42Z � E r _z-.>ea�eemr�5.w.+:rww. z.m. '.. •,. xwn. .. ww..wv..Case M C-19-427 Address: 168 MELBOURNE ROAD, Date: 5/20/2019 HYANNIS Owner Info: Property Info: BLED, ALFRED A TR MBL: 28 PEACHTREE RD 267-157 MARSTONS MA 02648 MILLS Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Unlawful Commercial Activity, Medium Priority Walk-in Complaint Summary: Requestor reports via Complaint Inquiry Report Form that the tenant(Vinicius Rebelo) is operating a hazardous waste removal transport and storage business in a residential neighborhood at 168 Melbourne Road, Hyannis Action History: Action Taken Date Description Fee Inspector Inspector Assigned to Complaint: bowerse Filed by parvinl Comments: Comment Date Commenter Comment 5/22/2019 andersor Treat as a separate request and respond accordingly to just this piece. �. a ,� is ,`. to 5f2312019 Town of Barnstable Date •., t ,� a < i Town of Barnstable NAM g Inspectional Services 039. Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 May 15,'2019 Vonocous Rabelo 168 Melbourne Road Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS. The property occupied by you located at 168 Melbourne Road, Hyannis, MA was visited on May 14, 2019 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted in response to a complaint filed with the ,Public Health Division. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 54 Building and Premises Maintenance were observed: 454-3 (A) Outdoor Storage Multiple items are being stored outdoors on this property which are not screened from public view and are not within an enclosed. structure as required by above ordinance. These items include but are not limited to: car parts, trash, garbage, tools, lumber, (2) refrigerators, kitchen oven and various other assorted debris. You are directed to correct the violations listed above within (15) days of your receipt of this letter by removing said items from property and/or storing them in an enclosed structure You may request a hearing before the Board of Health if written petition requesting same is received within 10 (10) days after the date the order is served Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Town of Barnstable I 'Anderson, Robin From: O'Connell, Timothy Sent: Tuesday, May 14, 2019 1:11 PM To: Anderson, Robin Subject: 168 Melbourne We went to the above location and met with owner(Alfred Blue) and occupant(Vonocous Rabelo) on 5-14-19. • Walked throughout house and only observed 3 Bedrooms. Septic permit 89-3313BR • Occupant stated that only himself;his wife and two children live at property. It did not appear that any more than that lived there. • Basement is partially finished and according to owner,occupant and Building inspector this is old construction. Ed confirmed this by saying he could tell lumber was"older." • There was No furniture within the basement at this time. I explained to the occupant and the owner that no one may occupy the basement for sleeping purposes due to egress issues. If or/when this area gets finished. • Did observe 3 indoor appliances being stored outdoors. Violation of chap#54. Told occupant he will be getting a letter to remove these items and some other assorted debris within the back yard. • Did NOT observe any rats or items which would attract rats. ( i .e garbage .. etc.) • Property not registered with HD but owner said he will register on 5-15-19. • No signs of"Brazilian Sausage Distribution." TIMOTHY B. O'CONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 From: Anderson, Robin Sent: Monday, May 13, 2019 2:19 PM To: O'Connell, Timothy; Parziale, Jim Subject: FW: Mother's Day trash - 168 Melbourne FYI I could not remember which one of you had been assigned to this case but here is an updated photo sent over today. R From: Eric Schwaab [mailto:eschwaab@gmail.com] - Sent: Monday, May 13, 2019. 2:00 PM To: Anderson, Robin Subject: Mother's Day trash - 168 Melbourne Robin, Here is a picture of the trash that was parked in front on my wife's kitchen window on Mother's Day. Have you spoken to this tenant about about moving his vehicles onto his property at night and covering his loads with a tarp? 1 i .If we*�hioved his boat back six feet there is plenty of room. We appreciate anything you can do to help. Thanks, Eric CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! z s 7/7/202T- Citizen Web Request .^> G L+'C✓"-,.!�+'-. Wednesday, July 7 2021 F}- p� Request ��j Management n�tt�g�}- Application Center Logged In As: oconnelt Citizen R4.,.gues Ma I {�4.,,t t le 14. Logoff Route to Users Search Requests Create Requests Request Information Request ID: 60010 Created: 5/3/2019 11:54:44 AM Status: Closed Assigned To: O'Connell, Timothy Health Department Anonymous: No Request Category: Chapter H : Housing Substandard Routine work: No Estimate: No Date scheduled: Estimated 5/17/2019 Change Estimated Apr May 2019 Jun Completion Completion Date: - — Date: Sun Mon Tue Wed Thu Fri Sat 28 29 30 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 Created By: Crocker, Sharon Priority: Medium Health Department Citation Numbers: Requestor Information Requestor Eric Schwaab Request LOCATION: Alfred Bleu DETAILS: 157 MELBOURNE ROAD 1.68 MELBOURNE ROAD Hyannis Ma 02601 (Hyannis, Ma 02601 617-997-1817 Request Parcel Number Map 267 Block: 157 Lot: 000 Caller said property is a rental: 4 - - adults, 5 children, (not registered), and appears running salvage business out of Parcel Lookup the home. They are bringing trash items back to yard and collecting oils, gases, Email: asbestos shingles, appliances, microwaves, etc., are coming in and out of property. Since this tenant moved in, the caller has seen rats there as well. https:/rtsq ldb.town.barnstable.ma.us/CitizenReq uesVwReq uest.aspx?[D=60010 1/4 7/7/2021' Citizen Web Request most of the items especially the refrigerator and other appliances have been removed. This was observed during the 6-3-19 inspection due to this email.******* Tve attached a photo of each side of the house. ******All of these photos do not show any violations***** The hauling of household trash and construction debris continues, as well. *****Trash not present during 6-3-19 inspection.***** I've attached a photo of household trash being stored over night on June 1st. And, a second photo of construction debris stored on the street on June 2nd. Finally, we had rats on our yard again on Friday evening. They entered from 10 Old Town Road en route to 168 Melbourne. I was able of trap one, if you need it for testing. TII stop by later today to file a request for additional trash removal at 10 Old Town Road and 147 Melbourne. I think we have a clear both fence lines and lay traps. Your guidance in this matter is greatly appreciated. *******I did not observe rats or a rat while at dwelling unit. We would only order extermination of rats if we observed a large amount of household trash in conjunction with rats or a large amount of evidence of rats.******** Entered on 6/5/2019 11:56:23 AM by O'Connell, Timothy On 6-4-19 inspected property for the 5th time. No rats, and all violations highlighted in letter dated May 15th have been corrected. Compliant to be closed. Enter work progress: Enter internal note: (Viewed by everybody) (Viewed internally only) I -- ---- Spell Check Spell Check Add document or image link: Ch�j 00se File, No file chosen * You can also type in a folder name to see everything in the folder Current Links: Time worked on request: !'20.001 Response time '8 00 * Time entries are in hours. Examples of time entries: 1.25, 0.5, 0.75, 1, 3.5, 0.25, 0.10 * Response time: Measured from the creation date to your first actions on the request. * Do not include nights, weekends, and holidays in response time for most departments. [iReopen https://itsg ldb.to\An.barnstable.ma.us/CitizenReq uest/WReq uest.aspx?ID=60010 3/4 x 17/7f2021 Citizen Web Request Track Request Progress Request Work History: -Internal Note History: Entered on 5/15/2019 7:37:36 AM System entry on 5/3/2019 11:54:44 AM: by O'Connell, Timothy Assigned to O'Connell, Timothy We went to the above location and met with owner -- - - -- (Alfred Blue) and occupant(Vonocous Rabelo) on 5-14-19. • System entry on 5/3/2019 11:55:11 AM: Walked throughout house and only observed 3 Bedrooms. Septic permit 89-331 3BR• Occupant stated that only Related Request 60011 himself; his wife and two children live at property. It did not appear that any more than that lived there. • Basement is System entry on 5/3/2019 11:55:24 AM: partially finished and according to owner, occupant and Building inspector this is old construction. Ed confirmed this Related Request 60012 by saying he could tell lumber was"older."•There was No furniture within the basement at this time. I explained to the System entry on 6/4/2019 11:52:32 AM: occupant and the owner that no one may occupy the basement for sleeping purposes due to egress issues. If or/ Request Closed by oconnelt when this area gets finished. • Did observe 3 indoor - appliances being stored outdoors. Violation of chap #54. System entry on 6/4/2019 11:52:32 AM: Told occupant he will be getting a letter to remove these items and some other assorted debris within the backyard. -Please Review- email sent to Florence, • Did NOT observe any rats or items which would attract Brian rats. ( i .e garbage .. etc.) • Property not registered with HD - - but owner said he will register on 5-15-19. • No signs of System entry on 6/5/2019 11:53:24 AM: "Brazilian Sausage Distribution Request Reopened by oconnelt Entered on 5/22/2019 3:23:55 PM -- - - - - - - - by O'Connell, Timothy System entry on 6/5/2019 11:57:18 AM: Person who has been complaining sent an email and Request Closed by oconnelt pictures of pick up trucks filled with different types of construction debris. Occupant is a construction contractor. On 5-22-19 went to said property and did not observe these trucks. Entered on 6/3/2019 3:19:11 PM by O'Connell, Timothy Occupant signed for letter on 5-31-19. Has until 6-15-19 to comply. Went to said property on 6-3-19 and the appliances have been removed. Person that has been complaining is sending me pictures via email and they do not depict any violations Entered on 6/5/.2019 11:54:58 AM by O'Connell, Timothy Last modified on 6/5/2019 11:55:47 AM There continues to be quite a bit of trash across the street at 168 Melbourne. I don't believe that the owner or tenant satisfied your request for a May 30 cleanup. *****This is not true. They actually have 6-15-19. They signed for letter dated 5-15-19 on 5-31-19. Furthermore, https:Hitsq ldb.to\&n.barnstable.ma.us/C itizenReq uesVWReq uest.asp?ID=60010 214 2" &7 J. 7,j jj pro-., "a'��Pos�, SO Aj Ito- M �o V,M L, • WN 57 N, IS A,It RA 411't 5x 41 zw f. le �::�?`��•�-�' r .r'4. .r t c._ *.. • �} -W LI, I kilo r r 10- mm-i "RIM gg��, mo _0 �w �AMWUA QA, rp p4- g 0-�_ R go� OWOS MU .pr,�zv Z-4��705 Z _45 WS-5,x y�v M- 7 Eg��, ............ • 17 Y14,NEW SIX W, "vsJ!, gg % �ZC4 G� tip, (OI}9/Ll s Health Mss[cr CeG,u X <.: StwwAsbu�t(i.00 x?CDO) X.. "� Edit Application k.u„ih X ro.+term Rent„bhiotllr X-? r itwmsgl:eU07�1 icmuj�ayKtd..ts ?t -}-' A bl,,tsect'e itvmsgl,� t.• r, .F;,_ :_i c<.�.J"1: C i Health entalt g��AgdV8T�4 8$SB't�$1� �� r ,aez F,', ..t zfi -;Parcel 767757 Location:1.60 Melbourne Road..Hyannis-,_....,.�.__...............:.,.,....,.:...:_,�. _.__,_.,:_..,.._.. „_:..__..,.......,,.... ...... ..._._....,..,.,...,.. „_.,._,.,,.,,�. ,„_.......:_,: N x St 51 £3 Certificate Building Unit Unit Description Occupant Add Unit Active �h € s - pr.-t Sewch t.. Certificate:5510 Certificate year:_2019 -,.,, ..... . — .. .,:,-,,.,.� i- Building Unit number: Unit deSCrlonon Address note: Bedrooms 3 Authorized bedrooms:3 Max oc upants 5 ( Building type.Single family Built before 1979:No Private well.No Ii Child less than six:No Cerifi,a_e da:e: Fee:90.00 Late:fee: Update App€ication Unit... 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'''.�, '�• M i a •a . r AC yr �� • . , ,sue y iI 1/ Anderson, Robin From: O'Connell, Timothy Sent: Thursday, May 23, 2019 2:41 PM To: Anderson, Robin; Florence, Brian Cc: Gallant, Therese; Bowers, Edwin Subject: RE: 168 Melbourne Attachments: 168 melbourne 5-14-16.doc- I agree with Robin but he still has to remove debris and items outlined in letter I sent him. He has 15 days once he receives letter via cert. mail. See attached Person who has been complaining sent an email to me along with pictures of pickup trucks filled with different types of construction debris. Occupant is a construction contractor. On 5-22-19 went to said property and did not observe these trucks. From: Anderson, Robin Sent: Thursday, May 23, 2019 1:54 PM To: Florence, Brian Cc: Gallant, Therese; O'Connell, Timothy; Bowers, Edwin Subject: FW: 168 Melbourne Based on the report from Tim(see below)and the information supplied to me from Ed on an earlier occasion,I am compelled to recommend that the three open RFS/complaints be closed. Case 19-301 05/03/19 Operating a salvage yard. Unfounded. No evidence of business activity regarding salvage for profit. Case 19-302 05/03/19 Constructing an apartment in basement. Unfounded. Ed inspected entire house/found no work w/o permits&no apt. Case 19-427 05/20/19 Operating Haz Mat removal,transport,storage Unfounded. No evidence of haz mat business.Tenant is a contractor Please let me know if you require additional information. Photos are attached to the cases identified above.In the meantime,I will provide you with the street folder for your convenience. ov,g6k Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 508-862-4027 From: O'Connell, Timothy Sent: Tuesday, May 14, 2019 1:11 PM To: Anderson; Robin Subject: 168 Melbourne We went to the above location and met with owner(Alfred Blue) and occupant(Vonocous Rabelo) on 5-14-19. • Walked throughout house and only observed 3 Bedrooms. Septic permit 89-3313BR • Occupant stated that only himself; his wife and two children live at property. It did not appear that any more than that lived there. 1 IJ • Basement is partially finished and according to owner,occupant and Building inspector this is old construction. Ed confirmed this by saying he could tell lumber was "older."- • There was No furniture within the basement at this time. I explained to the occupant and the owner that no one may occupy the basement for sleeping purposes due to egress issues. If or/when this area gets finished. • Did observe 3 indoor appliances being stored outdoors. Violation of chap#54. Told occupant he will be getting a letter to remove these items and some other assorted debris within the back yard. • Did NOT observe any rats or items which would attract rats. ( i .e garbage .. etc.) • Property not registered with FID but owner said he will register on 5-15-19. • No signs of"Brazilian Sausage Distribution." TIMOTHY B. O'CONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 From: Anderson, Robin Sent: Monday, May 13, 2019 2:19 PM To: O'Connell, Timothy; Parziale, Jim Subject: FW: Mother's Day trash - 168 Melbourne FYI I could not remember which one of you had been assigned to this case but here is an updated photo sent over today. R From: Eric Schwaab [mailto:eschwaab@gmail.com] Sent: Monday, May 13, 2019 2:00 PM To: Anderson, Robin Subject: Mother's Day trash - 168 Melbourne Robin, Here is a picture of the trash that was parked in front on my wife's kitchen window on Mother's Day. Have you spoken to this tenant about about moving his vehicles onto his property at night and covering his loads with a tarp? If we moved his boat back six feet there is plenty of room. We appreciate anything you can do to help. Thanks, Eric CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the,content is safe!: 2 Anderson, Robin From: Florence, Brian Sent: Tuesday, May 14, 2019 5:07 PM To: Jenkins, Elizabeth Cc: Bowers, Edwin; Anderson, Robin; O'Connell, Timothy Subject: RE: Re:168 Melbourne Road Hi Elizabeth,. Our people were out today, they gained entrance to the home and its basement area. There are no sausage factory or distribution activities taking place that we could see and there is no new construction. There is clear evidence that the owner is cleaning out the place (including the basement) and painting but nothing that necessitated a building permit, stop work order or notice of violation.- The owner freely admits that his friends are helping him with his clean-out efforts and that they go.there in their vehicles... but leave each night. In other words,there is a single-family living at the site including a husband,wife and a couple of children. There are no other permanent residents living there. Staff will provide us with a report tomorrow that we can use to discuss our findings with Mr. Schwaab. If you decide to hold a meeting with him please send me an invite and I will be glad to join/assist you. Thanks, -Brian From: Jenkins, Elizabeth Sent: Monday, May 13, 2019 3:57 PM To: Florence, Brian Subject: RE: Re:168 Melbourne Road That would be fantastic,thanks. From: Florence, Brian Sent: Monday,.May 13, 2019 3:02 PM To: Jenkins, Elizabeth Subject: RE: Re:168 Melbourne Road Would you like me there with our findings? -B From: Eric Schwaab [mailto:eschwaab@gmail.com] ,Sent: Monday, May 13, 2019 2:58 PM To: Jenkins, Elizabeth Cc: Anderson, Robin; Florence, Brian Subject: Re:168 Melbourne Road Good afternoon, Ms. Jenkins Inspectional Services has completed their assessment of the condition of 168 Melbourne Road. When would you like to get together with Health Services to review follow up actions? . 1 i Eric On Thu, May 9, 2019„ 16:32 Jenkins, Elizabeth<Elizabeth.Jenkins(?town.barnstable.ma.us> wrote: Hello Eric: The regulation you cite is part of the Rental Properties ordinance administered by the Health Division. I'd recommend that we schedule a time to get together with Inspectional Services and discuss the full scope of the issues and how we might address them. Please let me know your thoughts. { i e Best, i i Elizabeth i i x -- - - Elizabeth S.Jenkins,MCP Director Planning& Development Department I Town of Barnstable 200&367 Main Street I Hyannis,MA 02601 elizabeth.jenkins@town.barnstable.ma.us 508-862-4735 V 1 . t Town Website Business Barnstable Arts Barnstable Kennedy Legacy Trail I From: Eric Schwaab [mailto:eschwaab@gmail.com] _ Sent: Tuesday, May 7, 2019 2:35 PM To: Jenkins, Elizabeth i Cc: Anderson; Robin; Ells, Mark; Florence, Brian Subject: Melbourne Road Parking Regulation i I i Dear Ms. Jenkins 2 This is the parking regulation you failed to mention: 170-9Parking restrictions. A. The occupant of a dwelling shall use, or allow to be used, no more than 25% of the front yard and no more than 20 feet of frontage as a parking. area and/or driveway. B. Nothing in this section shall be deemed to supersede the parking requirements set forth by site plan review. Are you saying that this rule does not apply to Melbourne.Road because we are private? And, in the case of private roads there is no method for updating parking restrictions? Is this really true? Why can't we have a West Hyannis Parking Overlay District that fixes all these silly parking issues without the town "taking" the roads it does want to fix or properly maintain? Eric On Tue, May 7, 2019 at 10:15 AM Eric Schwaab <eschwaabggmail.com> wrote: Ms. Jenkins, I beg to differ. i The town has parking regulations that govern the amount to road frontage,that can be dedicated to off street I parking. If you like; I'll dig them up for you. 3 And, if the town signed off on this sub division plan then you are on the hook for completing the sidewalks and curb cuts that went missing, l i I already spoke with Robin and I have full confidence in her ability to smooth out this issue. I'm looking for a longer term solution. I'd like this cul de sac redesigned. Are you not responsible for pta,�Yulmg? i • Thank you, Eric Schwaab i On Tue, May 7, 2019, 10:02 Jenkins, Elizabeth<Elizabeth.Jenkinsgtown.bamstable.ma.us> wrote: Good morning Mr.Schwaab, Thank you for your message. No attempt on my part to get "off the hook" --just trying to point you in the most effective direction. The Melbourne Rd subdivision was approved by the Town and signed off on in 1974 as fully complete. The purpose ' of the Town's Subdivision Rules and Regulations is to oversee the layout of lots and roads within the town. There is no process, regulation, or requirement dealing with on or off-street parking for single-family homes in these regulations. Robin Anderson is the best point of contact for pursuing concerns about commercial activity in a residential zone. The rental regulations and occupancy requirements are administered by the Health Division.. I, or one of my planners,would be happy to set up a time to discuss these issues with you in concert with the enforcement staff in those departments. Kind regards, Elizabeth X Elizabeth S.Jenkins,AICP Director Planning& Development Department Town of Barnstable 200&367 Main Street Hyannis,MA 02601 elizabeth.jenkins@town.barnstable.ma.us 508-862-4735 ' 4 Town Website Business Barnstable Arts Barnstable Kennedy Legacy Trail i From: Eric Schwaab [mailto:eschwaaKbgrnail.com] Sent: Tuesday, May 7, 2019 8:25 AM To: Anderson, Robin; Ells, Mark j Cc: Jenkins, Elizabeth; Florence, Brian Subject: Re: 168 Melbourne Unregistered Rental Thank you, Ms. Jenkins. Unfortunately, I can't let you off the hook that easily. We have rental regulations in Hyannis that allow for 5 adults in a 3 bedroom house. 5 adults means 5 cars. But, our sub-division was built with parking for only 2 cars. 157 Melbourne, 168 Melbourne, and 170 Melbourne have parking for only 2 cars. The Rufo's on Old Town Road have the same problem. They turned their entire back-lot into a parking lot. You should see the mess 3 they made of our neighborhood with their 14 pick-up trucks. I need to meet with one of your planners to understand how we can fit 5 cars into 2 spots. Is there something we can do to re-configure the cul de sac that has produced over 70 police calls in the last 10 years? If we can't provide additional parking for Melbourne residents, we need to restrict the number adults allowed i in rentals.I need to understand this process which I assume runs through your office. j Please let us know when we can meet. II - 5 Many thanks, Eric Schwaab E On Mon, May 6, 2019 at 1:56 PM Anderson, Robin <Robin.Andersongtown.barnstable.ma.us> wrote: Please be advised that I have entered this into our compliance system and notified Health as well.We are currently organizing a response to all of the issues identified in the formal complaint we had discussed at the end of last week 1 but be assured the investigation is underway.Thank you for your patience. i - d;tq6& Robin C.Anderson Zoning Enforcement Officer i 200 Main Street 4 Hyannis,MA 026oi i i 5o8-862-4027 - E a - ...-. _ ..,-e. .......�-....y.-...-.•......,.... .....................»,:�.... ........,..........._�-........eve........ From: Jenkins, Elizabeth ; Sent: Monday, May 06, 2019 1:52 PM To: 'Eric Schwaab' Cc: Anderson, Robin I Subject: RE: 168 Melbourne Unregistered Rental I , Hello Mr. Schwaab: i Please contact the Town's Health Division to discuss concerns about.a rental property. Kathryn Soto, copied here and at 508-862-4072, is the best primary point of contact. Please don't hesitate to contact me if you need further assistance. i Best regards, jf{ t . Elizabeth Elizabeth S.Jenkins,AICP Director 6 y� f Planning&Development Department I Town of Barnstable 200&367 Main Street I Hyannis,MA 02601 l elizabeth.jenkins@town.barnstable.ma.us f ( 508-862-4735 t Town Website Business Barnstable Arts Barnstable I Kennedy Legacy Trail i . ( I From: Eric Schwaab [mailto:eschwaab@gmall.com] l Sent: Monday, May 6, 2019 7:56 AM To: Jenkins, Elizabeth j Subject: Fwd: 168 Melbourne Unregistered Rental r . tr 1 Dear Ms. Jenkins, I I We have had have trouble with an unregistered rental at 168 Melbourne Road. I ( Does your department regulate rentals? I'd like this property owner disqualified from renting in Hyannis. Who do I contact to arrange this? I Best regards, i i i I Eric Schwaab 7 i ---------- Forwarded message --------- 1 From:Eric Schwaab <eschwaab@gmail.com> Date: Mon, May 6, 2019, 07:34 Subject: 168 Melbourne Unregistered Rental To: Anderson, Robin <robin.anderson@town.barnstable.ma.us> 3 Hi Robin, 1 i { I Thank you for taking the time to meet with my wife and I on Friday. 1 Attached are the photos.you requested. The first of these was taken Thursday 5/2. The refrigerator was moved in Sunday 5/5. The movement of materials into and out of the house occurs nightly. i There has been quite a bit of business activity in our neighborhood at 168 Melbourne. At first we thought it was another drug dealer setting up shop, but it turns out that it is a Brazilian Sausage Distributor. , So, now we have rats in addition to overcrowding in this illegal rental. As discussed, there is an unpermitted renovation occurring in-the basement of this house in addition to unlicenced business activity occurring in a residential neighborhood. Any help your inspectors can provide will be greatly appreciated. Eric Schwaab CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply,unless you recognize the sender's email address and know the content is safe! I I CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless"you recognize the sender's email address and know the content is safe! s f j y CAUTION:This email originated from out of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! CAUTION:This email originated*from'outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! F i r . 9 £ £ zr'c > dZ "r'"rx°�`2x��" ..T.y�of THE T° .O�• s��'.����.�.,'1az t ', "'skin>.n":�F .F ^s r o ,'.y,4'" tv.': r r x,, ° .�c,ef _ �r`�o., w'M .a4.'`.9S,�, - xaE x�ris."-"a;•�,x`.°�y."'��""n�P. ��»nn.. .�4 a�n pIatC all RC r t ,p, � �,, 39' ♦ ,✓� 3r ':: fix; .,� �° �;, ��,�� °� � °t� � zt !� �«z� � �ti � � � � .,�` '��: ����;s.s ��.e � 'Ye , Case#: C-19-301 Address: 168 MELBOURNE ROAD; Date: 5/3/2019 HYANNIS Owner Info: Property Info: BLED, ALFRED A TR MBL: 28 PEACHTREE RD 267-157 MARSTON'S MA 02648 MILLS Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Zoning, Medium'Priority Phone { Complaint Summary: Operating a salvage yard. Action Histo ry . Action Taken Date Description Fee Inspector Inspector Assigned to Complaint: bowerse Filed by: andersor Comments: Comment Date Commenter Comment � s �: .hp '-� :...a �� x"a� `a+,sz.. 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': jar - r '`4��" ✓ s„w Z � x,,. atex:.:' Town of Barnstable Of ViE r Building.]Department Services , v 0 Brian Florence,CBO ' Building.Commissioner rues. 200 Main Street, Hyannis,MA 02601 rEo rrw•t www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 COWLAINVINQUIRY REPORT Date: Ree'd by: Complaint Name:, j�e dl-lit, Map/Parcel Location Address: Originator Name: L� Street• l %/'C �GC A,�L 4- 'village: AmAd' State: 'Zip: e)2,4bG j Telephone: Complaint Description: FOR OFFICE USE ONLY Inspector's Action/Comments Date: Inspector: 0.fC1I�41`i+{+i_ Additional Info.Attached two Y � 1�►41 Q:forms:complaint Revised-08/16/17 voFZHE ray Town of Barnstable Inspectional Services - 1Altxs"L& Brian Florence CBO �A-A639• A�0 Building Commissioner TED MAC 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us INSPECTION REPORT Address : 168 MELBOURNE ROAD, HYANNIS Case# C-19-301 Inspection Type : Violation Inspector bowerse ........................................................_................_..................._...__...__...._.._........................ ........._............... ......................................e.._._..._...................:......._......_.....:._::.._,._......._._.__.._............::....:... Description iDateUnit iStatus lCornment 'Violation 05/06/2019 FAIL Vinicius at door referred to contact owner Fred blew508 280 6100 .._...-- ...._.._._...__.._.....---._........ ....... .._..._......................._...._....__.._...._......__ _......_ .__ ...............__...._.......... ....... ..... .. .. ...._ ._........._..---._.....__. .....i ................_ _ _..,._ _...; S,tJ� ' r■T� °y'�Ir s;� •�. �r :+' � �?'tie:: i�a rr �R,r}@�,,, i f-a .t. 1 TOWS! OF BARNSTABLE 70I t 4Y 21 AM 8. 2 3 DIVISION -! `, yA;: $ • . } _ pi¢ 9. �A�4# 4W— n';f" ,t tvp;�,' $fly[! • ::✓'b". - a ;.�w fir, _•{u. '�1eHi a ' eti •,`,�' _,;a•. y rK�� `:'• - - .. _ w� A' �`' � ;Op�',yMY"AV�gx� AL . ✓�,yFa Vim'*k C Y fly; VA, �4 14 .ha `a _A;� TOWN OF BARNSTABLE HIS MV 21 Am 8: 23 !)PVISION r • r - A .�. Ji: TOWN OF BARNSTABLE 2919 +Y 21 Al 8: 23 VISION a� 40 C aw FL $ Nip 31ovlsNda8 J0 NM,Ol xp''F�HE r ComplaintCall Report Panted On 5/2312019 auwsree�.e. r� 168 �MELBPUR�N�E ROAD, HYAN;NIS &�a�� s Case#" c-19-301 , Case#: C-19-301 Address: 168 MELBOURNE ROAD, Date: 5/3/2019 HYANNIS Owner Info: Property Info BLEU,ALFRED A TR MBL: 28 PEACHTREE RD 267-157 MARSTONS MA 02648 MILLS Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Zoning, Medium Priority Phone Complaint Summary: Operating a salvage yard. Action History: Action Taken Date Description Fee Inspector Inspector Assigned to Complaint: bowerse Filed by. andersor Comments: Comment Date Commenter Comment Date: 5I2312019 Town of Barnstable pp(HE.Ip� Printed On:5/23/2019 Complaint Cahl Report t 4 . 9`"" 'E,�a 468 MELBOU-RNE ROAD HYANNIS `b ivi °TEOMA+� Case# C 19 302 Case#: C-19-302 Address: 168 MELBOURNE ROAD, Date: 5/3/2019 HYANNIS Owner Info: 'Property Info: BLED,ALFRED A TR MBL: 28 PEACHTREE RD 267-157 MARSTONS MA 02648 MILLS Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Illegal Dwelling unit, Building Code, Medium Priority Phone Complaint Summary: New owner resides on first floor and just moved in a 2nd family. Building materials are brought in at night. Caller says they are working in basement making an apartment. . Action History: Action Taken Date Description Fee Inspector Inspector Assigned to Complaint: bowerse Filed by: andersor Comments: ° Comment Date Commenter Comment 5/23/2019 e,rv, , u ° `„ ar . "Town oLfBarnstable Dater + i I i L�'J%36 i�;�' �• ... - r. �n i 1 '1 '.l,w.,�� ��>� � �,."'�,a +ram-e "�• 'i� '".�- �" ��� '���*�',{l;�y,' tp�'�1�s?�� * * ,.I„d.�r ��� I� � ... +• �w,� �C a�� � ,���•'l,Y��M M'4J • � k `V� �'�'1 I>'�� �* rj1, �: e' l ,�p�-{' �;.• �,�.yt... {����k i �k r � .. t♦ !a - �{# + �+�(t��4iy �{T"��_4`,�1 a {{�w ,, wY,L T,.n,. - �. t i .# 1:N�''.:.d �"�' LT 4"Y �k � '�♦ �'F�i^'. j!f ��%'fey—�+W . r, '�YddyW,^."'' .... ,. .y ;�`y'{.� .� i/y^�. 'lll*'M 'a.•R �v�q'-ter'' �'1�*�['y� �# �y �ywR��Yl", }s�y s. �• �i _ - ..._. � .-� �{.t`�� ✓_"+t�`Y4� �j;++AN ±�t�y�P�.�s� ��r ♦r+��i�'♦M1 ,•$fi lF/�'p.j��• IY �g 1F • ' a t�t�;�§. � .}t .A'r Tye,r'� �y�.6��y � .'S,! rt,y.a♦. ,4 yR , wry,• T.. , _ a x "+{\�' .. �'�•�"L:tt��t'o"j' �",t1,�� � a� p; ^{r+".{r •�'� *.� �,. I:nas��aM 11 r , ) �' -.t` .. e� � •`- -..+: - as-. 7 �+ ` 'ffi'*a ti � s 4i � �� ��:^... �Y" f e, b� `� #.. rw e a�{rr -v�� .*' � ;{�i�• f4t • i � IN * a r °�";: ��� �$i. � ♦. �� _ •.�. tea-- � ,��� z�. I� a �,X-.i: h lrr �� „�C.� a. a,�.,.{E- '>..,1 -•�.rm '��r. j'`�'T'�.. '".,.G"°' +0 ..___. �..�t �" low rr' 5 ti tiw c., w w w cV n"1 O Cft ' t i �_� ; c� --- � f .�--- I�i - ���- Town of Barnstable R` MAS& Inspectional Services Public Health Division Thomas McKean,Director 200 Main Street,Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 May 15, 2019 Vonocous Rabelo 168 Melbourne Road Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF TOWN-OF BARNSTABLE BOARD OF HEALTH REGULATIONS. The property occupied by you located at 168 Melbourne Road, Hyannis, MA was visited on May 14, 2019 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was. conducted in response to a complaint filed with the Public Health Division. The following violations of the Town of Barnstable Board of Health Regulations,Chapter 54 Building and Premises Maintenance were observed: §54-3 (A) Outdoor Storage Multiple items are being stored outdoors on this property which are not screened from public view and are not within an enclosed structure as required by above ordinance. These items include but are not limited to: car parts, trash, garbage, tools, lumber, (2) refrigerators, kitchen oven and various other assorted debris. You are directed to correct the violations listed above within (15) days of your receipt of this letter by removing said items from property and/or storing them in an enclosed structure You may request a hearing before the Board of Health if written petition requesting same is received within 10 (10) days after the date the order is served Non-compliance will result in a fine of$1'00.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town.Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Town of Barnstable Anderson, Robin -L� From: O'Connell, Timothy Sent: Tuesday, May 14, 2019 1:11 PM To: Anderson, Robin Subject: 168 Melbourne We went to the above location and met with owner(Alfred Blue) and occupant(Vonocous Rabelo) on 5-14-19. • Walked throughout house and only observed 3 Bedrooms. Septic permit 89-3313BR • Occupant stated that only himself; his wife and two children live at property. It did not appear that any more than that lived there. • Basement is partially finished and according to owner, occupant and Building inspector this is old construction. Ed confirmed this by saying he could tell lumber was"older." • There was No furniture within the basement at this time. I explained to the occupant and the owner that no one may occupy the basement for sleeping purposes due to egress issues. If or/when this area gets finished. • Did observe 3 indoor appliances being stored outdoors.. Violation of chap#54. Told occupant he will be getting a letter to remove these items and some other assorted debris within the backyard. • Did NOT observe any rats or items which would attract rats. ( i .e garbage .. etc.) • Property not registered with HD but owner said he will register on 5-15-19. • No signs of"Brazilian Sausage Distribution." TIMOTHY B. O'GONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 From: Anderson, Robin Sent: Monday, May 13, 2019 2:19 PM To: O'Connell,Timothy; Parziale, Jim Subject: FW: Mother's Day trash - 168 Melbourne FYI I could not remember which one of you had been assigned to this case but here is an updated photo sent over today. R From: Eric Schwaab [mailto:eschwaab@gmail.com] Sent: Monday, May 13, 2019 2:00 PM To: Anderson, Robin Subject: Mother's Day trash - 168 Melbourne Robin, Here is a picture of the trash that was parked in front on my wife's kitchen window on Mother's Day. Have you spoken to this tenant about about moving his vehicles onto his property at night and covering his loads with a tarp? . 1 I r If we moved his boat back six feet there is plenty of room. We appreciate anything you can do to help. Thanks, Eric CAUTION:This email originated from outside of the.Town of Barnstable!µDo not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 2 I Anderson, Robin From: Eric Schwaab <eschwaab@g mail.com> Sent: Monday, May 06, 2019 7:34 AM To: Anderson,Robin Subject: 168 Melbourne Unregistered Rental Attachments: 20190502_191231.jpg; 20190505_154200.jpg; 20190502_204954.jpg Hi Robin, Thank you for taking the time to meet with my wife and I on Friday. Attached are the photos you requested. The first of these was taken Thursday 5/2. The refrigerator was moved in Sunday 5/5. The movement of materials into and out of the house occurs nightly. There has been quite a'bit of business activity in our neighborhood at 168 Melbourne. At first we thought it was another drug dealer setting up shop, but it turns out that it is a Brazilian Sausage Distributor. So, now.we have rats in addition to overcrowding in this illegal rental. As discussed, there is an unpermitted renovation occurring in the basement of this house in addition to unlicenced business-activity occurring in a residential neighborhood. Any help your inspectors can provide will be greatly appreciated. Eric Schwaab CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply- unless'you recognize the sender's email address and know the content is safe! 1 • WIT% A4 AWP4M It: ON- qq ton, jh� x, wx. i% 'i N071 I% I e�, :0% A VIM, 4,r 21 g R% - � ON l " kN �® - A ; S U M V v �FliN - ''% - i , `4 .R w I, A A M p . • IIAaTs Js e'A , ,!,.,-,* v - IRAWAN FAZ, WA10 g 4100 104 9 RA -04 aV UZ AI' WERN k77 pt 6-M • Al Ahl" --tg LT w 1 w i x 8 t � x . '�.,,,. .,� I�� �i i Sd�V. ` -, • x,. •"*why Y-� j w �x _' � ,.F F� _� r. ._ .." ..�.. —_ •1°'A�'�"" tee+.—�.r..���—." _ � _ ` Fk Y r 4 w T ,��� , •S'' � �, ... ��h i �s^ f � .�, a ��'< &n /��,,+,►y. � z x � E« S�z r aka x �H r c� y C�I'Yl� a�11 �ia� epQ PnnedOn 5/8 0!9 M ELB�llR�I� R /�D� Nl(�A► t1S 4 t rfo .y : Case# C 19 301�z� _ Y v„ zl J Y a 21 NEW.,. ,Sn. Case#: C-19-301 Address: 168 MELBOURNE ROAD, Date: 5/3/2019 HYANNIS Owner Info: Property Info: BLED, ALFRED A TR MBL: 28 PEACHTREE RD 267-157 MARSTONS MA 02648 MILLS Owner Notified?: Complaint Details: Type of Complaint , Classification of Complaint Method of Complaint Zoning, Medium Priority Phone Complaint Summary: Operating a salvage yard. Action history: Action Taken Date Description Fee Inspector Inspector Assigned to Complaint._ bowerse Filed by: andersor Comments: Comment Date Commenter Comment I �a a 7T�'' "/taP�`�.sa*,.c�a9`s���a _ �LW.,�„vr�.✓,n�a�w°Y�»,.�,..r,..,a�� ,w_»,�aa�r,:d .:_..., ^-- ...,.�a. Ka,„,r.,»s•S�' _ ����:�w 7 id ,. ..... .¢„,,,,. .»M�.��* Town of Barnstable oFVE ram, Building Department Services Brian Florence, CBO Building Commissioner q`bArFo ,�16 200 Main Street, Hyannis,MA 02601 www.town.barnstable.maxs 0 Office: 508-862-4038 Fax: 508-790-6230 COMPLAINUINQUIRY REPORT Date: Rec'd by: Complaint Name: &F-x-e ,�1A Map/Parcel Location Address: 6 )0 e �`1•�GV Originator Name: Street: l 0 �2 `jOGC/L� 11 Village: State: 14V Zip: l' / Telephone: Complaint Description: '00dv& 5 FOR OFFICE USE ONLY Inspector's Action/Comments Date: Inspector: ►inl= +m Additional Info.Attached E` �t oo" � �a�V� Q:forms:complaint Revised:08/16/17 � oF;THe r Town of Barnstable Inspectional Services • r ''E p Brian Florence,CBO '..'i639• `0m Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us INSPECTION REPORT Address : 168 MELBOURNE ROAD, HYANNIS Case# C-19-301 Inspection Type : Violation Inspector: bowerse ............... ......... ..... ......... Description Date Unit Status 'Comment I Violation m_ 5 06/2019 p FAIL Vinicius at door referred to contact owner i Fred blew 508 280 6100 • f