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HomeMy WebLinkAbout0000 REGATTA DRIVE �J Cy h c o 6'yof 1N(T0�M / C�,m '� �� I✓' aw",7/(]` } ,AU .t : The Town of Barnstable NA B• Inspection Department 11 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner December 1, 1992 Richard C. Anderson, Esquire Attorney at Law Fern & Anderson, P.A. 436 Main Street P.O. Box 518 Hyannis, MA 02601 Res Kevin wise; _ --Lake Isle woods, Phinneys Lane, Hyannis Dear Mr. Anderson: You will recall that I previously sent a letter to you dated January 3, 1992, a copy of which I am attaching. M g y opinion was based upon the belief that "good cause,, existed from the information given me in your letter of December 31, 1991, copy also attached. It has recently come to my attention that Commonwealth Electric's records reveal that the alleged delay involved was primarily attributable to Mr. Wise himself. As -such, based upon my current information, I cannot conclude that "good cause,, exists for Mr. Wise s failure to commence work as provided under Section 3-1.7(11) (A) . 0 Peace, 0 lT seph D. DaLuz Building Commissioner JDD/km 1 enclosures (2) cc: Planning Board Town Attorney L921201A I OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMO Dated: November 30, 1992 TO: JOSEPH D. DALUZ, Building Commissioner FROM: RUTH J. WEIL, Assistant Town Attorney [ RE: Lake Isle Woods; Kevin Wise -- Alleged "Good Cau e OUR FILE REF. NO. : 92-0046 ------------------------------------------------------------ In reviewing the above-entitled file, which as you know is currently in litigation, I note that Kevin Wise, through his attorney, represented to you that the reason that he failed to "commence work" within the prescribed two-year period under his permit was due to the failure of Commonwealth Electric to approve utlity plans. Based upon the information provided to you, you opined that Mr. Wise had "good cause" for failing to commence work within the two-year period. (See copies of letters attached hereto for your reference. ) However, during the course of the hearing before the Planning Board on the release of lots from covenant, it was revealed through a review of Commonwealth Electric's records that the dilatory conduct was on the part of Mr. Wise and not upon Commonwealth Electric. Specifically, Mr. Wise did not make application to Commonwealth Electric until three months prior to the expiration of the special permit. Notwithstanding the late date of the application by Mr. Wise, Commonwealth Electric promptly prepared the plans. For your information, I am 1 enclosing the decision of the Planning Board which recites the above information. In light of the fact that your original opinion (that "good cause" existed) was premised on apparently less than complete information provided to you by Mr. Wise (parenthetically, I question whether Mr. Wise gave his attorney the full story either) , I was wondering whether you would consider sending Mr. Wise's attorney another letter indicating that, absent additional information from him, you do not currently have sufficient information to conclude that there, in fact, exists "good cause" for the delay. For your convenience, I am attaching a proposed letter for your review. I would welcome an opportunity to discuss the above matter with you at your convenience, if you should so desire. RJW:cg Atchmnts. 2 December 1, 1992 Richard C. Anderson, Esq. Attorney at Law Fern & Anderson, P.A. 436 Main Street P.O. Box 518 Hyannis, Ma. 02601 Re: Kevin Wise; _ Lake ,Isle-Woods, Phinneys Ln, * Hyannis Dear Mr. Anderson: You will recall that I previously sent a lettter to you dated January 3, 1992, a copy of which I am attaching. My opinion was based upon the belief that "good cause" existed from the information given me in your letter of December 31, 1991, copy also attached. It has recently come to my attention that Commonwealth Electric's records reveal that the alleged delay involved was primarily attributable to Mr. Wise himself. As such, based upon my current information, I cannot conlcude that "good cause" exists for Mr. Wise's failure to commence work as provided under Section 3-1.7 ( 11) (A) . Sincerely, JDD Joseph D. DaLuz, Encs. Building Commissioner cc: Planning Board cc: Town Attorney r -� 31, 1591 jose?)li DaLu:., '_ ::;1lap• Insl)cctor To7.-n of Bnrn�-tablc 367 "ain Strcct I?vanr_is, ]VA 02601 Kevin Wise Lake Isle "aod, �ubc'.ivisicn Phinne-i's I:anc, Dear Joe: 0.1 r r-, ter, ingn `-t,.. Pl-,-ln .r r- 1�U.'i rrt� a.rri.nl* ;1^ ;,nn('lnl �`'.r:..=t tnr, -iU 1' f,f c,.rtin7 3 -1.. % (1.0) �:' :•'r. ;l .1 G rS T) ilcn j al 'nr jr-lonrn,-rut , The questlJll :> special Pei—A' .. :. n ..r.r.. .. _ - - , t0 1 ll('ttil. nr lnt t)li c S�nC-?.1. rnr,li 1_ has t.1- .,_'.1 llllil�r _ 1- Pro raised as - - - visions of Se^_tio?1 3-?..7�i.i_1 �,) stn%e, o!wtel?^1` t ro e r:; h^' c -.:pi r^ ' since the i!;snance or i f.. C1iCP,t ;,.i..i-.t�i -1!. t}l'?t SUSt•1*.ir=%.l�- CL ;r r:.'.tlf)?1 .:C,1•i-- 1,a:; I)t7i been commenced heC ?Ilse Of t!7c 'f?_t t} at r0: 'Jn:lc alth rl �Ct'.'iC rr''r '•il: }l'�O not as vet issued an nrrrnvn_d plan for the inst-1111ticn or I' .. r 1 .inr;. "'r client has met rcren te..!I`• pith renreser.tati�*es Of 00T-LmOn 'c=.ntt1> i.i.r ctric in an effort to obtain final approval of a utilitv plan but has -;cat })c.en un- successful. Considering that it would be imprudent to proceed 1:•itllnut ha:-in all approved plans in hand, it eeems to me that my client' s f^ittc—.: t. � - ceed with substantial work is "for good cause." If you concur :' -'-l. ""n' !ng, it would be greatly appreciated if you could write to rie nnr! .> ► "`>~. '':: i"' deed, the failure to go forward is for good cause. Personal regards. Sincerely, Richard C. Anderson RCA:esj cc: Mr. George Wise Martin J. O'Malley, Esq. �oF 1"E Toiyy Town of Barnstable, Massachusetts Department of Planning and Development • �'"R'"ASS a� Office of The Planning Board i639• Aye ArED MPS 367 Main Street, Hyannis, Massachusetts 02601 (508) 775-1120 ext. 190 May 12 1992 rm . o_"r Aune Cahoon Town Clerk MAY Town Hall 367 Main Street Hyannis, MA 02601 s'T. TOV'rPJ�;;� ; ; Y TO HWN OF RE: Request to release lots from covenant for Lake Isle Woods, an open space subdivision plan and special permit approved by the Barnstable Planning Board June 6, 1989, pursuant to the Subdivision Rules and Regulations and Section 3-1 7 , Open Space Residential Development Provisions of the Town of Barnstable Zoning Ordinance. On August 29, 1988, Kevin Wise applied for approval of a Preliminary Subdivision Plan for an open space subdivision pursuant to the Subdivision Rules and Regulations and Section 3-1.7 of the Zoning Ordinance, Open space Residential Development Provisions. On October 17 , 1988, the Planning Board approved the application. On May 10, 1989, Kevin Wise applied for approval, of a Definitive Open Space subdivision plan pursuant (to the Subdivision Rules and Regulations and Section 3-1.7 of the Zoning Ordinance. On June 26, 1989, the Planning Board approved the application subject to conditions including all the requirements of the Board of Health and the requirement that the applicant file the Town of Barnstable Open space Residential District Restrictions and Easement Form 1, at the Registry of Deeds and return evidence of Recordation to the Planning Board office within 90 days of endorsement of approval of the subdivision plan by the Planning Board. No evidence of recordation of Form 1 was provided to the Planning Board and Richard Anderson, attorney for the applicant, stated at the March 23, 1992 meeting of the Planning Board, that this document and other open space documents required by Section 3-1.7 of the Zoning Ordinance, had not been filed at the Registry of Deeds. No work commenced on the subdivision, the land remained in its open and natural state. On March 9, 1992, at the regular meeting of the Planning Board, the Board considered a letter from Attorney Richard Anderson, representing Kevin Wise, dated February 12 , 1992 stating that work had not commenced on the subdivision and that he would discuss the reasons with the Board. Consideration was extended to March 23, 1992 at the request of Attorney Anderson. On March 23 1992 at the regular meeting of the Planning Board, the Board considered the above referenced letter from Attorney Anderson. Mr Anderson was present and stated that work had not commenced on the subdivision. He requested an advisory opinion from the Planning Board as. to whether the Planning Board would consider the Special Permit to continue beyond the two year time frame allowed under Section 3-1. 7 of the Zoning Ordinance. He stated that the subdivision plan was presented for recording in 1989, and was finally recorded in the Land Court in early 1990. Attorney Anderson stated that there was good cause why construction had not started; the applicants had not been able to obtain a plan for the electrical utilities from Commonwealth Electric, although Mr Wise had applied for the plan in 1990 . Attorney Philip Boudreau representing abutters refuted Attorney Anderson's statements concerning good cause and the role of Commonwealth Electric in the delay. He provided information obtained from the computerized record files of Commonwealth_ Electric. According to the Commonwealth Electric records, Mr. Wise did not contact Commonwealth Electric until March 1991 to obtain a plan for the electrical services. A utility representative contacted Mr Wise on April 17 to enquire about the status of the plan. In June 1991, within three months from the date of the request, Don Basset of Commonwealth Electric produced a completed design. Further more Mr Boudreau stated, construction could have begun and commonly does, before the completion of plans for utilities. The records show that a Commonwealth Electric representative called Mr. Wise on June 24, 1991 to request information on drainage plans. On June 26, 1991, Mr Wise replied that he would forward the plans. On September 13, 1991, a Commonwealth Electric representative again requested information on the drainage plans . None were received and on October 1, 1991, Commonwealth Electric cancelled the request for plans in their files because of inactivity in the account. Attorney Boudreau concluded that construction had not commenced and there was no good cause to extend the Special Permit, furthermore the applicant had not filed the documents required for a Special Permit Open Space Development, and the Special Permit had expired. A letter dated March 23, 1992 from John Fallaci, was read into the record. Mr Fallaci was opposed to any extension of the Special Permit; he was concerned about the excessive density in a Zone of Contribution for a development which did not conform to the zoning area requirements and for which the proper open space documents had not been filed. A letter dated March 23 from Arthur Caido was read into the record objecting to 'any consideration of an extension of the Special Permit which had expired. A report from the Planning Department dated February 19, 1992 was read in to the record stating that the conditions . of the original Special Permit had not been met. In response to a question from the Board, Planner Jacqueline - Etsten stated that the lack of compliance with the condition that Form 1 be filed at the Registry of Deeds and a recorded copy be returned to the town, brought in to question the validity of the original Special Permit. Furthermore, any request for an extension of the Special Permit should have been submitted before the expiration date. The Planning Board closed discussion and took Attorney Anderson's letter and his request for an advisory opinion under advisement until the April 13 1992 meeting. At the regular Planning Board meeting of April 13, 1992, Attorney Anderson withdrew his request for an advisory opinion from the Planning Board on the validity of the Special Permit. On April 16, 1992, the Planning board received two letters from Kevin Wise requesting a release of lots from covenant. A letter was received April 16, dated April 16, requesting that two lots be released from covenant and that he would provided a check for $22,500 as security for the release. A second letter was received April 16, 1992 and dated April 16, 1992, requesting release of all lots in the subdivision and offering to post security of $450,000. At the April 27, 1992 regular meeting of the Planning Board, the Planning Board considered the request to release lots from covenant from Kevin Wise. Attorney Richard Anderson represented Mr. Wise. The Planning Board reviewed the correspondence received and read into the record letters from the following: Robert Schernig, Director of Planning, dated, April 20, 1992 Joseph C. Snow, Chairman, Board of Health, dated April 16, 1992 Steven Seymour, PE, Project Engineer, Department of Public Works, dated April 27 , 1992 Robert D.-Smith, Town Attorney dated April 1, 1992 John Fallaci, dated April 10, 1992 Based on a review of all the information received in this subdivision file, the Board found that the Special Permit had expired on June 26, 1991 and that the subdivision plan therefore did not comply with the requirements of the Zoning Ordinance, and was not valid. An extension of the Special Permit should have been applied for prior to the expiration thereof, and could not be granted retroactively. The Documents which are an .integral part of a Special Permit Open Space subdivision, had not been filed in accordance with the terms of the Special Permit Based on the findings, the Planning Board unanimously voted to deny the release of lots in the subdivision. The applicant was directed to apply for a new special permit if he wished to proceed with the development. At the May 11, 1992 regular meeting of the Planning Board, the Board viewed this decision and those Board members who voted to deny the release of lots from covenant on April 27 , 1991, unanimously voted to approve this decision. Present and voting in the affirmative were: Carl Cooperrider, Chairman George Zoto Otto Schaefer John Mckenna Signed Carl Cooperride , Chairman date / 4 The Town of Barnstable I '..,,T."` : Inspection Department .367 Main Street, i IN-wims, NIA 02601 508-790-6227 Joseph D. DaLur Building Commissioner January '3, 1992 Richard C. Anderson, Esquire Fern & Anderson Attorneys at Law P. O. Box 518 Hyannis, MA 02601 RE: Kevin Wise Lake Isle Woods Subdivision Phinney's Lane, Hyannis Dear Mr. Anderson: It is my opinion, based on the information submitted in your letter dated December 31 , 1991 , that your clients failure to commence work on the Lake Isle Woods Subdivision is for "good cause" as provided for in Section 3-1 .7 11) A) of the Town of .Barnstable Zoning Ordinance. Peace, /'� 1 � L sfph D. D L ' Building Commissioner JDD/gr D A` ;, 16 1992 BARNS T.`.f PLANNING CJ. ypF?NE raw TOWN OF BARNSTABLE BAMSTAIM 3 Office of the Building Inspector 1"'L mop i6g9. OIIAY k� Date June 7, 1995 Fee $50.00 Permit No. #105 PERMIT TO ERECT SIGN IS HEREBY GRANTED TO Kevin. Wise c/o Bayside Building Co. DIBIA LAKE ISLE WOODS LOCATION­V p '�' & Regatta Drive, Cexyil® MA 02632 ANY VIOLATION OF THE SIGN LAW WILL CAUSE IMMEDIATE REVOCATION OF THIS PERMIT Bullding Inspector .r The Town of Barnstable permit no.� Department of Health, Safety and Environmental Services MWMABM = Building Division date °. `� 367 Main Street,Hyannis MA 02601 fee--—6 Application for Sign Permit Applicant: ,(1 O-L) Assessor's no. P g �4kC ysLE wood 5- p Doin Business As: (Pe)0 60. lZ Telephone- 8 0 0 -05-C S- Sign Location 1 street/road: /)k&V6 �&A7TA Pee y — Zoning Distri Old King's Highway District? yes no ,I<--� Property Owner Name: e�/1 jJ &lt 5c— C !30 LQIJ J& 6<f') Telephone 7`� -/UAO Address: w. te,C 7C o/�' Village yl I-L Sign Contractor Name: Am(c)o J 1� � (kJ C_ Telephone 8-Y8 -OS'6 — Address: Village L51V OLc4 C24 Description Diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign to be drawn on the reverse side of this application. Is the sign to be electrified? yes no (Note: if yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinances. Date ignature of Owner/Authorized Agent Size (sq. ft.) I Z. Permit Fee `. a _ o, Sign Permit was approved: ✓ disapproved: a& Date Signature otBu il ' Official • The Town of Barnstable MASS, �� Department of Health, Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner SITE PLAN REVIEW CERTIFICATE OF REVIEW I certify that Douglas Amidon, for Lake Isle Woods, has submitted as site plan SP-00-23 pursuant to Barnstable Zoning Ordinance, Section 4-7, and that such site plan has been reviewed and deemed approved. -Building Commissioner May 18, 1995 date of action S010191K