HomeMy WebLinkAbout0092 ROSARY LANE (26) Y
f
Town of Barnstable I 1 UY1 e I
Zoning Board of Appeals
Decision and Notice {
Appeal Number 1995-132-Staab
Appeal of the Building Commissioners Decision
,
Summary Upheld Building Commissioner
Applicant&Owner: Arthur Staab
Applicant's Address: Unit 21 Rosary Lane, Hyannis
Assessor's Map/Parcel: 345/3MOU
Zoning: B-Business Zoning District
Applicant's Request: Arthur Staab has appealed to the Zoning Board of Appeals,the Building
Commissioner's ruling that he is in violation of Section 4-4(non conforming use).
The Building Commissioner has issued a Cease and Desist Order and the
petitioner must remove all exterior disabled autos and junk from the site. The
appeal is made pursuant to MGL Chapter 40A.
Background Information:
The locus of this appeal is Unit 21 Rosary Lane, Hyannis Ma. The property is located along Rosary
Lane in a B zoning District and is developed with commercial condominium business units. This
particular unit is utilized in auto and salvage related business and it has been cited by the Building
Commissioner for non-compliance with Section 4-4 for a pre existing legal use of the premises.
The Building Commissioner has determined that the uses conducted in the unit and on site do not
have the benefits offered under MGL Chapter 40 A nor the Barnstable Zoning Ordinance.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
August 16, 1995. A Public Hearing before the Zoning Board of Appeals was duly advertised and
notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on
October 04, 1995, at which time the Board found to uphold the decision of the Building
Commissioner. Board members hearing this appeal were Ron Jansson, Richard Boy, Emmett
Glynn, Elizabeth Nilsson, and Chairman Gail Nightingale.
The Board questioned as to whether the appeal had been filed within the legal time limit as required
under MGL Chapter 40A, Section 13. The Cease and Desist Order was dated July 18, 1995, and
the date of clock in of the Appeal to the Zoning Board was August 18, 1995. Due to the fact that
there are thirty one (31)days in July, the time lapse between the order and the clock in appears to
be 31 days. Attorney Greelish responded that this actually translates into 30 days. The Board
allowed the hearing to proceed.
Attorney Joseph P. Greelish represented the appeal before the Board. He noted that the name of
the business was originally M & D Auto and today it is M D Auto and that they are one in the same
businesses, both of which operated in Unit No. 21. M &D Auto was initiated in 1985. The July 18,
1995 Cease and Deist Order of the Building Commissioner is not valid due to the fact that this
business pre-existed the creation of the Groundwater Overlay Zoning District and therefore is a
legal non-conforming use as defined by state and local zoning. The renting of Unit 21 to MD Auto
predate many of the other business located within the business condominiums.
'~ Zoning Board of Appeals-Decision and Notice
Appeal Number 1995-132-Staab
The entire building consists of 26 "commercial bays"or units. This Unit, No. 21 has three parking
spaces which is sufficient parking for the unit. The building was built in 1980 and is now in
foreclosure to Cape Cod Bank and Trust.
The Board questioned the nature of the use citing that the salvage and junk yard operations are
permitted in the underlying B Business Districtnot
autos and junk". Junk yards were never peritted in B District a ow did this activity comeCease and Desist is to
"disabled
be? Attorney Joseph P. Greelish stated that this is a auto repair business and that the junk belongs
to other units in the building and can not be attributed to Mr. Staab's operations. The Board noted
the number of complaints in the file, including the Health Department, the Fire Department and
Police Department. The Board also noted the photos that had been submitted by the Health
Department showing the accumulation of junk on-site. After reviewing the photographs, Arthur
Staab stated that he did not put that junk there and that it probably belongs to neighboring units,
citing that he does not work on large or small appliances.
The Building Commissioner stated that he had been out on-site and noted the past complaints and
ongoing nature of the violations at this locus. The operation had once moved from this unit to
Thorthon Drive at which time the Rosary Lane site was clean. It was not until MD Auto moved back
that the site again became a junk yard.
The public was requested to testify. No one spoke in opposition or in favor of this appeal.
Finding of Facts:
Based upon the testimony given during the Public Hearing on this appeal, the Board unanimously
found the following findings of fact:
1. This is an appeal of the Building Commissioner's July 18, 1995 decision and Cease and Deists
Order that Arthur Staab's operations are in violation of the Zoning Ordinance and that the
disabled autos and junk operations do not have the benefits extended by Section 4-4, Non-
conforming Uses of the Town of Barnstable Zoning Ordinance.
2. The Building Commissioner's July 18, 1995 decision has been appealed pursuit to Chapter
40A, Section 8 and 15. That Order has called for the removal of all autos and junk from the
site.
3. Evidence has been presented that the applicant is operating an auto repair shop on site and
that this operation has contributed to the violation, although it may not be the perpetrator of the
conditions.
4. No evidence has been presented that the use, a junk yard is a legal non-conforming use.
5. No proof that any of the businesses in this commercial condo predate the enactment of Zoning
in the Town. g
6. Groundwater Protection Overlay District was enacted in 1987.
7. No evidence has been presented that all of the junk shown in photos can be attributed to this
operation The existing conditions at this site may in part be contributed by the applicant.
2
Zoning Board of Appeals-Decision and Notice
Appeal Number 1995-132-Staab
Decision:
Based upon the positive findings a motion was duly made and seconded to sustain the Building
Commissioners Decision
The Vote was as follows:
AYE: Ron Jansson, Richard Boy, Emmett Glynn, Elizabeth Nilsson, and Chairman Gail Nightingale
NAY: None
Order:
The July 18, 1995 cease and desist order of the Building Commissioner against Arthur Staab has
been upheld. The Board further ruled that the Building Commissioner notify the state EPA, Rapid
Response Team, to assist in determining the extent of damages that may be attributed to this
activity within the Groundwater Recharge area of the Town.
Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL
Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision in the
office of the T n Clerk.
C , 1995
G I Nightingal Chairman Date Signed
I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby
certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and
that no appeal of the decision has been filed iz.M office ofr
Town Clerk.
Signed and sealed this day of 1995 under the pains and penalties
of perjury.
- LW&0_1ILWAZ4"tJ
Linda Leppanen, Town erk
3
: . The Town of Barnstable
• {ARM3TABl$
116,39.` A�� 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
July 18, 1995
Mr. Arthur Stabb
M D Auto
92 Rosary Lane
Hyannis, MA
Dear Mr. Stabb:
I must notify you at this time that you are in violation of Barnstable Zoning Section 44.
This infraction, increasing a non-conforming use, is not allowed without approval of the
Zoning Board of Appeals. You must immediately CEASE AND DESIST your operation
at this location and remove all exterior disabled autos and junk from the site. You have
Eeven (7) days to remove this junk and restore the site to its condition prior to your
arrival. You must call me to inspect on the morning of the 24th of July to insure that you
have complied with this order.
Sincerely,
Ralph M. Crossen
Building Commissioner
RMC/km
cc: Board of Health
Licensing Authority
Hyannis Fire Department
DELIVERED IN HAND
Received by Date
v
98.9
nonconformity of the building or structure, and that the
alteration or expansion conforms in all other respects with all
applicable requirements of the Zoning Ordinance .
2) By Special Permit:
Alterations or expansions in a pre-existing nonconforming
building or structure that do not meet the provisions of Section
4-4 .4 (1) , shall be permitted only by a special permit from the
Zoning Board of Appeals . In granting such special permit, the
Board must find that the proposed repairs, alterations and/or
expansion are not substantially more detrimental to the
surrounding neighborhood. If the building or structure houses a
nonconforming use, the provisions of Section 4-4 . 5 shall also
apply.
4-4.5 Nonconforming Use:
A pre-existing nonconforming use shall be limited in the extent
it may expand or. intensify. A pre-existing nonconforming use may
be changed to a Principal Permitted Use as-of-right . A pre-
existing nonconforming use may be changed to a conditional use by
special permit as provided for within the zoning district in
which it is located, or to another nonconforming use as provided
for herein.
1) Change of a Nonconforming Use to Another Nonconforming Use:
A pre-existing nonconforming use may be changed to another
nonconforming use only by special permit from the Zoning Board of
Appeals . In granting a special permit for the change of a
nonconforming use, the Board must find that the proposed
nonconforming use is no more detrimental to the neighborhood and
that all of the following requirements are met :
A) The applicant has received all necessary approvals from the
Board of Health.
B) The proposed nonconforming use :
(1) requires no more parking than the previous use;
(2) does not generate more traffic than the presious use,
as measured by the Institute of Transportation Engineers Trip
Generation Handbook or other sources acceptable to the Zoning
Board of Appeals, nor does it cause Town expenditures to address
traffic mitigation measures;
h�,f -7� Town of Barnstable
Department of Health, Safety, and Environmental Services
Consumer Affairs Division
230 South Street, P.O. Box 2430
dFTME►gy� Hyannis, MA 02601
Fax: 508-778-2412
MABL
%63q. Jack Gillis
FO�A
On or about April 27, 1995 a complaint was received at the Board of Health for the Town of
Barnstable for 2 - 55 gal, drums behind 92 Rosary Lane, Hyannis, An investigation was made
by an inspector of the Health Department, a Donna Morandi, zoning officer Gloria Urenas, and a
Bob Kearns of D.E.P.
It was discovered that a Mr. Arthur Stabb was conducting an auto repair shop at that location.
Mr. Stabb was notified on July 18, 1995 by the building commissioner to cease and desist his
business of auto repair in a ground water protection area which is not allowed. Mr. Stabb filed
with the the Zoning Board of Appeals on August 18, 1995, On October 18, 1995 Mr. Stabb's
appeal was denied. At this time Mr. Stabb still continued to operate his business in violation of
Chapter 3 Article 3 Sec. 2-3.1.
Penalties should start on the date the Board of Appeals decision was clocked in the Town of
Barnstable Clerk's office on October 17, 1995. Town of Barnstable believes Mr. Stabb was
given proper notice and appeal. Mr. Stabb should pay the fine of$100 per day and cease his
business. Town of Barnstable would like all Mr. Stabb's vehicles removed from the area as soon
as possible.
953
4-4 Nonconformities
4-4 .1 Intent•
It is the intent of this section (i) to protect property rights
of owners of pre-existing legally created nonconforming lots,
uses and buildings or structures and (ii) to provide regulation
of changes or expansion of pre-existing nonconforming structures,
building and uses .
4-4 .2 Nonconforming Lots:
1) Separate Lot Exemption:
P P
Any increase in area, frontage, width, yard or depth,
requirement of the Zoning Ordinance shall not apply to a lot for
single or two-family residential use which at the time of
recording or endorsement :
A) was not held in common ownership with any adjoining land;
and
B) had a minimum of 5, 000 sq. ft . of area and 50 feet of
frontage or the minimum frontage requirement for the zoning
district in which it is located; and
C) conformed to the existing zoning if any when legally
created; and
D) was separately owned at the time of every zoning change
which made it nonconforming.
2) Common Lot Protection:
Any increase in the area, frontage, width, yard or depth
requirement of the Zoning Ordinance shall not apply for a period
of 5 years from the effective date of the change, to a lot for
single or two-family residential use that :
A) is held in common ownership with not more than 2 adjoining
lots; and
B) had a minimum of 7, 500 sq. ft . in area and 75 feet of
frontage or the minimum frontage requirement for the zoning
district in which it is located; and
96,9
C) was recorded or endorsed on a plan that conformed to zoning
when legally created; and
D) conformed to applicable zoning requirements as of January
1, 1976 .
The protection afforded by this paragraph shall become vested
upon the sale or transfer of the lot so protected into ownership
separate from that of adjoining lots or the building thereon of a
residence .
3) Approval Not Required Plan Protection:
Any change in uses permitted under the Zoning Ordinance shall
not apply to any lot created by a plan endorsed by the Planning
Board as a plan not requiring approval under the Subdivision
Control Law for such period of 3 years from the date of
endorsement, as provided by G.L. Ch. 40A, Section 6 .
4) Subdivision-Plan Protection:
Any change in the Zoning Ordinance shall not apply to land
shown on a plan under the Subdivision Control Law by a duly
submitted and endorsed definitive subdivision plan, or a
preliminary plan followed within 7 months by a definitive plan,
for such period of 8 years from the date of endorsement, as
provided by G.L. Ch. 40A, Section 6 . Any legally created lot
with a recorded release from covenant of the Planning Board that
has been sold or transferred into separate ownership and control
from any adjoining lots within 8 years from the endorsement of
the original subdivision plan shall be exempt from any
dimensional or bulk zoning changes and shall not lose its status
as a single buildable lot under zoning.
5) Merged Lots:
Except as otherwise provided herein, lawfully nonconforming
lots that are adjoining and held in common ownership, or under
the control of the same owner, shall be treated so as to conform
so far as possible with the minimum area requirement of the
zoning district in which they are located. No lot so merged, or
portion thereof, may be changed or transferred in any manner that
will increase the degree of nonconformity unless a special permit
973
has first been obtained from the Zoning Board of Appeals . No
such special permit may crreate any additional buildable lot (s) .
4-4 .3 Nonconforming Buildings or Structures Used as Single and Two Family
Residences•
A pre-existing nonconforming building or structure that is used
as a single or two family residence may be physically altered or
expanded only as follows :
1) As of Right:
If the Building Commissioner finds that :
A. The proposed physical alteration or expansion does not in
any way encroach into the setbacks in effect at the time of
construction, provided that encroachments into a 10-foot rear or
side yard setback and 20-foot front yard setback shall be deemed
to create an intensificiation requiring a special permit under
Section 4-4 . 3 (2) ; and
B. The proposed alteration or expansion conforms to the
current height limitations of the Zoning Ordinance.
2) By Special Permit:
If the proposed alteration or expansion cannot satisfy the
criteria established in Section 4 .4 . 3 (1) above, the Zoning Board
of Appeals may allow the expansion by special permit provided
that the proposed alteration or expansion will not be
substantially more detrimental to the neighborhood than the
existing building ,or structure.
4-4 4 Nonconforming Building or Structure Not Used as Single or Two-
Family Dwellings:
1) As of Right:
A. The normal and customary repair and maintenance of a pre-
existing nonconforming building or structure not used as a single
or two-family dwelling is permitted as of right .
B. The alteration and expansion of a pre-existing
nonconforming building or structure, housing a conforming use, is
permitted as of right, provided that the alteration or expansion
does not increase or intensify the degree of the pre-existing
59
A) Permitted Uses :
The following uses are permitted in the AP Aquifer
Protection Overlay District:
a) Any use permitted in the underlying zoning districts,
except for those uses specifically prohibited by
section 3-5.2 (5) (B) herein.
B) Prohibited Uses :
The following uses are prohibited in the AP Aquifer
Protection Overlay District:
a) Any use prohibited in the underlying zoning
districts .
6) GP Groundwater Protection Overlay District Regulations :
The GP Groundwater Protection Overlay District consists of
all those areas within Zones of Contribution as shown on the
Overlay District Zoning may to public supply wells entitled
"Revised Groundwater Protection Overlay Districts", Planning
Department, dated April 1993 .
A) Permitted Uses :
The following uses are permitted in the GP Groundwater
Protection Overlay District:
a) Any use allowed in the underlying zoning districts,
except those uses specifically prohibited in Section
3-5.2 (6) (B) herein:
B) Prohibited Uses:
The following uses are prohibited in the GP Groundwater
Protection Overlay District .
a) Any use prohibited in the underlying zoning
districts .
b) Landfills and open dumps as defined in 310 CMR
19. 006.
c) Junk yards, salvage yards and automobile graveyards,
as defined in MGL c. 140B, s . 1 .
d) Mining of land, removal of sand and gravel, and
quarrying of other raw materials.
60
e) The removal of soil, loam, sand, gravel and other
mineral substances to within four feet of the ,
historic
high water mark unless the substances removed are
redeposited within 45 days and the final grade
exceeds
four feet above the historic high water mark, and
except for excavations for the foundations of
buildings
and structures and the installation of utilites .
f) Underground fuel storage tanks .
g) Storage for resale of heating fuels, including but
not limited to, oil, coal, gas and kerosene.
h) Sewage treatment plant, disposal works, or small
package treatment facility subject fo 314 CMR 5 . 00,
except for the following:
i) The replacement or repair of an existing
facility that will not result in a design
capacity greaterthan the design capacity of the
existing system(s) ;
ii) Treatment works approved by the Department of
Environmental Protection designed for the
treatment of contaminated ground or surface
waters; and
iii) Sewage treatment works including package
treatment facilities, which are owned and
operated by the Town of Barnstable, and located
in areas with existing water quality problems
attributable to current septic systems where
there will be a net improvement in water quality
with the installation of the treatment facility.
i) Commercial feeding of livestock.
j ) Storage of road salt or other deicing materials .
k) Metal plating, finishing and polishing.
1) Chemical and bacteriological laboratories .
m) Boat, motor vehicle and aircraft cleaning, service
and repair.
n) Dry-cleaning processing establishments .
o) Furniture stripping, painting and refinishing.
61
p) Any other use which generates, treats, stores or
disposes of hazardous waste that are subject to
M.G.L. C. 21C and 310 MCR 30 . 00, except for the
following uses :
i) Very small Quantity Generators as defined
by 310 CMR 30 . 00;
ii) Waste oil retention facilities for retailers
of motor oil required and operated in compliance
with M.G.L. C. 21, S . 52A.
iii) Treatment works approved by the Department of
Environmental Protection designed in
accordance with 314 CMR 5. 00, for the treatment
of contaminated ground or surface waters;
iv) Household hazardous waste collection centers or
events operated according to 310 CMR 30 . 390 .
q) Landfilling of sludge and septic as defined in 310
CMR 32 . 05.
r) Storage of sludge and septage, as defined in 310 CMR
32 . 05, unless in compliance with 310 CMR 32 . 30 and
310 CMR 32 . 41
s) Storage of animal manures unless protected from the
elements and contained in a structure which prevents
leachate from contaminating groundwater, in
accordance with all the requirements of the United
States Soil Conservation Service.
t) Stockpiling and disposal of snow and ice removed from
highways and streets located outside of the GP and WP
district which contains sodium chloride, calcium
chloride, chemically treated abrasives or other
chemicals used for ice and snow removal .
u) Storage of liquid petroleum products of any kind,
except those incidental to:
i) normal household use and outdoor maintenance
or the heating of a structure;
ii) waste oil retention facilities required by
M.G.L. C. 21, S . 52A;
iii) emergency generators required by statute, rule
or regulation;
iv) treatment works approved by the Department
designed in accordance with 314 CMR 5. 00 for
y S,
A lication for Other Powers
Nature 6 Description of Request:
►�Nh1ULL,E4'-� N1) ESfS?'
C�ONr' tj
iL
14ED Ap
Attached separate sheet �f nee d.
Is the property located in an Historic District?
If yes O-KH Use only• Yes [ ] No lei'
Plan Review Number
Date Approved
Is the building a designated Historic Landmark?
If yes Historic Preservation De artmeyes
sUae Onlo:
Date Approved
Has a building permit been applied for?
Has the Building Inspector refused a permit? Yes [ ] No [1�
Has the property been before site Plan Review? Yes [] No
Yes [] No `[
For Buildin9 De artment Use onl :
Not Required - single Family
Site Plan Review [ ]
Date Approved
Number
Signature;
time of The following information must be submitted with the application at
he
re filing, failure to supply
quest this may result in a denial of your
9
Three (2j copies of the completed application form, each with
original signatures.
Three Qj copies of all attachments as may before the Board and for clear understanding Ofe Your
required for standing
' your appeal.
The applicant may submit any additional supporting documents to
assist the Boar in making its determination.
Signature:
Date:
Applicant or
gent s Signature:
Agents Address: Sj—
Phone:
10
Fax No.
September 25, 1996
1. Notes on Arthur Staab
2. Copy of criminal complaint
3. Letter from Building Commissioner (cease and desist)
4. Application from Mr. Staab to the Zoning Board of
Appeals
(Note) Application states auto repair business
5. Decision of the Zoning Board of Appeals
6. From the zoning ordinances
Prohibited use in a G.P. district
7. Zoning map
8. Health Department report dated 10-2-95
9. Health Department report dated 12-5-89
� . _ .
TOWN OF BARNSTABLEAUG
'
zoning Board of Appeals tvL;
Application for Other Powers
a ,
Date Received For office use only:
Town Clerk officer Appeal #
Hearing Date
95 `. 1 ; P 2 '08 Decision Due
The undersigned hereby applies to the zoning Board of Appeals for the reasons
indicatedi
Applicant Names ATH OR J nrTLJ , Phone 7 75 1-6 r a l
Applicant Address s .! Lb6 rN 4.A - )=.Tr Ihntfrxi AAQa�p7`
Property Location: (/ LA E
This is a request for:
[ ] Enforcement Action
Appeal of Administrative officials Decision
[ ] Repetitive Petitions
[ ] Appeal from the zoning Administrator
( ] other General Powers - Please specify: Cop Dr— ORDF—k
Please Provide the Following information (as applicable):
/Property Owner: 1 �.4 , Phone
Address of owner: �'� '
IZ-ALA
pplicant differs from o er, stateinature of interestr
VAssessor's Map/Parcel Number J15/s D
zoning District
Groundwater overlay District
Which Section(s) of the zoning ordinance an r of MGL ?aper 40A are you
appealing to the zoning Board of Appeals? U/�
8sisting Level of Development of the Property - Number of Buildings:
Present Use(a) I U�`6 9F40Q-1.(P- _ Gross Floor Area: sq. ft.
• • COMPLIANCE: cLAss:. 1.Marine,Gas Stations,Repai
,
' • A ' • satisfactory 2.Printers
� •
Fuel Suppliers
7.Miscellaneous'.
• 3.Auto Body Shops.
Case lots Drums Above'I'anks
[Tnelc r 4,111d Tauik.
MEN
.AV:. •.
mom
I Iloilo
I HILL
of
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• . .. , . 111LO
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Nstmn �f i>^t�'< t' 1ar�tin:vtic.t� wastc PI-mitlet. Licensed?
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TOXIC AND .HAZARDOUS MATERIALS. REGISTRATION-:FOR
r.j: �UCH, Mail To '
NAME •F BUSINESS: Board of Health
BUSINESS LOCATION: 9a �o;,���/ a�-N� (J ti T a Town of Barnstable
MAILING ADDRESS: '" P.O. Box 534
TELEPHONE NUMBER: r1r7 rya T Hyannis, MA 02601
CONTACT PERSON: (9 ri7 h uk 6IR Mi K'4
EMERGENCY CONTACT TELEPHONE NUMBER:
Does your firm store any of the toxic or hazardous materials listed beldw ei or sale or for
your own use, k
YES _, NO
This form must be returned to the Board of Health regardless of a yes or no answer. :Use the
enclosed envelope for your convenience.
If you answered YES above, please indicate if the-inaterials are stored at site other than your
mailing address: -� rx TL/
�'
ADDRESS: . /? ,.
TELEPHONE:.
LIST OF TOXIC AND HAZARDOUS MATERIALS
The Board of Health has determined that the following products exhibit toxic or hazardous character-
istics and must be registered regardless of volume. Please estimate the.quantity beside the product that
you store:
Quantity/Case Quantity/Case` ;fix
�(AOireeze (for gasoline or coolant systems) __ Drain cleaners
Automatic transmission fluid Toilet cleaners.
X Engine and radiator flushes Cesspool cleaners.
/ T Hydraulic fluid(including brake fluid) a Disinfectants K 4
otor oils/waste oils Sc e ?i,k &S Road Salt (Halite).%
_ Gasoline, Jet fuel .Refrigerants -
Diesel fuel, kerosene, #2 heating oil < Pesticides (Insecticides, herblsrdes,
1
-mac. Other petroleum products: grease, lubricants 'rodenticides)
Degreasers for engines and metal Photochemicals (fixers and developers)
><- Degreasers for driveways & garages Printing ink ,
Battery acid (electrolyte) _ Wood preservatives (creosote)
-Fustproc�fers-- y - - _ c Saar^mint' pool chlorine;.
' Car wash detergents X Lye or caustic soda
i44/t Car waxes and polishes X' 'Jewel cleaners ,
Asphalt & roofing tar 7 r Leather dyes
- x Paints;varnishes, stains, dyes `' `Fertilizers.(if:'stored outdoors) $:
dint Vacquer thinners X PGB's •� r t
Paint & varnish removers, deglossers . ".• Other chlorinated hydrocarbons,w
Paint brush cleaners _ .` (inc. carbon tetrachloride) f
Floor & furniture strippers X Any other products with "Poison" labels
<-/ 'i S^ Metal polishes (including chloroform, formaldehyde,
Laundry soil stain removers hydrochloric acid, other acids)
(including bleach) _ ;Other products not listed which you feel may
Spot removers.& cleaning fluids be toxic•or.hazardous (please' list):.,
(dry cleaners)
Other cleaning solvents Y
Bug and tar removers .
_ ' Household cleansers, oven cleaners
White Copy-Health Department/ Canary Copy-Business
M
TOXIC AND HAZARDOUS MATERIALS REGISTRATION FOR
Mail To:
NAME OF BUSINESS:" " -' r Board of Health
1 � ,.,,•�:9 Town of Barnstable
MAILING ADDRESS: s P.O. Box 534
TELEPHONE NUMBER: 7 7 5 l/ - t Hyannis, MA 02601
CONTACT PERSON:'
Does your firm store any of the toxic or hazardous materials listed below, either for sale or dry
your own use, in quantities totallin , at any time, more than 50 gallons liquid volume or undo
weight? YES,_ NO
This form must be returned to the Board of Health regardless of ayes or no answer.: Use the
3
enclosed envelope for your convenience.
If you answered YES above, please indicate if the materials are stored at a site other than your
mailing address:
ADDRESS:
TELEPHONE: .
LIST OF TOXIC AND HAZARDOUS MATERIALS { r
The Board of Health has determined that the following products exhibit toxic or hazardous
characteristics and must be registered when stored in quantities totalling more than 50 gallons liquid
volume or 25 op unds dry weight. Please put a check beside each product that you store:
VAntifreeze (for gasoline or coolant systems) Drain cleaners
Automatic transmission.fluid Toilet cleaners
Engine and radiator flushes Cesspool cleaners .
✓. Hydraulic fluid (including brake fluid) Disinfectants
-V Motor oils/waste oils Road Salt(Halite)
Gasoline, Jet fuel Refrigerants `
Diesel fuel, kerosene, #2 heating oil Pesticides (insecticides, herbicides,
Other petroleum products: grease, lubricants rodenticides). r.. .
Photochemicals fixers and developers)
Degreasers for engines and metal (
Degreasers for driveways& garages Printing Ink i.
Battery acid (electrolyte) Wood preservatives (creosote)
Swimming pool chlorine
Rustproofers .[s
Car wash detergents Lye or,caustic soda
Car waxes and polishes Jewelry cleaners.
Asphalt roofing tar, Leather dyes
Fertilizers if stored outdoors)
Paints, varnishes;stains, dyes; .� (
Paint & lacquer thinners PCB's . :
t�-pain garnish removers, deglossers ,<
-Other chlorinated.hydrocarbons,
F
Paint brush cleaners (Inc. carbon tetrachloride)
Floor & furniture strippers Any'other products with"Polson" labels
Metal polishes (including chloroform, formaldehyde,
Laundry soil.& stain removers hydrochloric acid, other acids)
(including bleach) r~ Other products not listed which you feel may
T Spot removers &-cleaning fluids be toxic or,hazardous (please list)
(dry cleaners)
Other cleaning solvents
Bug and tar removers
Household cleansers, oven cleaners
White Copy-Health Department/ Canary copy-Business
1
'OWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair
0 satisfactory 2.Printers
BOARD OF HEALTH, S.Auto Body Shops '
�y 0 unsatisfactory- 4.Manufacturers 4t
COMPANY 1'l� (see"Orders") 6.Retail stores
6.Fuel suppliers
t ADDRE IA W Class:
T.Miwellanoou•.
QU ITIES AND STORAGE (IN=indoors;OUT=outdoors)
MAJOR MATEI{ S
IN OUT IN OUT IN OUT 7� 1
Test
Fuels:
Gasoline Jet Fuel(A)
Diesel, Kerosene, #2(B)
Heavy oils:
waste motor oil(C) "
new motor oil(C) --"
"tr amissio draulic
Synthetic Organics: ,: -
degreasers
Miscellaneous:
s � ,
DISPOSAURECLAMATION REMARKS:
1. Sanitary Sewage 2. Water Supply � �' �'
Town Sewer ' OPublic `
T _O-.On-site _OPrivate , >• 9
' -�v G c•. � �� �j. �.:�—,ems.�- s.� _
3. Indoor Floor Drains YES NO ��
0 Holding tank:MDC
0 Catch basin/Dry well
0 On-site system
4. Outdoor Surface drains:YES NO ORDERS: x
0 Holding tank:MDC'
0 Catch basin/Dry well
0 On-site system
5.Waste Transporter
Nanw of 11atiler Destination wastc Product Licensed?
S o
2. 77
o n ervlewe Inspector °
10/01/96 TUE 11:52 FAX 508 862 3140 EXCEL ACCOUNTING 2001
255 Independence Drive Telephone: (508) 862-3000
Hyannis, MA 02601 Fax: (508) 862-3090
m FAX COVER SHEI
To: Donna Miorandi
From: John R. Wpez Date. 10-01-96
This fax contains 2 pages, including this sheet
II
Note: This message is intended for the use of the addressee and may contain information which is
privileged and contidentiaL If you are not the addressee,you are hereby notified that any dissemination
of this message is prohibited. if you have received this message in error, please notify the sender at the
above number. Thank you.
10/01/96 TUE 11:52 FAX 508 862 3140 EXCEL ACCOUNTING 16 002
I
Ocrober 1, 1996
i
Donna Miorandi
Health Inspector
Barnstable Town Hall
Hyannis,MA 02601
1,John R.Lopez of Snow Construction,have been at 92 Rosary Lane since 1987.
I
Arthur Staab was not there at that time.
i
! John R.Lopez
8 Homeport Drive
Hyannis,MA 02601
I'I
(508)771-9366
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CRIMINAL COMPLAINT DOCKET NUMBER
Trial Court of Massachusetts ;
ICU';
COURT DIVISION District Court Department
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
� TO ANY JUSTICE OR CLERK-MAGISTRATE
OF THE DISTRICT COURT DEPARTMENT:
Arthur Staab
55 Lake Road West The within named and undersigned complainant, on
W. Yarmouth, Ma. behalf of the Commonwealth, on oath complains that on
the date and at the location stated herein the defendant
did commit the offe.nse(s)listed below.
L J
DEF. DOB AND SEX OFFENSE CODE(S)
0 999
DATE OF OFFENSE each dayy PLACE OF OFFENSE
11 07 95 thereaft rBarnstable
COMPLAINANT POLICE DEPARTMENT(if applicable)
John F.Gillis I Barnstable
DATE OF COMPLAINT RETURN DATE AND TIME
2 28 96 03 14 96 at 8:30 a.m.
COUNT-OFFENSE
3.1
did operate an Auto Repair business in a water resource area in violation of Ch.3 Art.3
Sec. 2-3.1 as a non-conforming use of said area.
(1n violation 114 Days each day an additional count.)
COUNT-OFFENSE
i
COUNT-OFFENSE i
COUNT-OFFENSE
I
i
i
i
i
COMPLA ANT SWORN TO BEFORE CLERK•MAGISTRATE/ASST,CLERK JON(DATE) ADDITIONAL
COUNTS
Ix X AT
TACHEQ
CJ
YOU WISH TO OFTEN A BUSINESS?
For Your Information: Business certificates (cost$3 .00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which
:.y� ou must.do by M.G.L.-it does not give you permission to operate.), Business Certificates are available at the Town Clerk's Office, 1"FL., 367
Main Street, Hyannis, MA 02601.(Town Hall) i
DATE: I-0
,1,s N 0 Fill in please:
APPLICANT'S YOUR NAME: C7 v
BUSINESS YOUR HOME ADDRESS: Z a4
b, off_
TELEPHONE # Home Telephone Number 0 -
NAME OF NEW BUSINESS (f J A S R J10 c5k TYPE1 OF BUSINESS. .«��Psc.�p•'!+/y
IS THIS A HOME OCCUPATION? _YES NO:. .
Have you been given approval frarrn`the building dicrisio YES. NO q _
ADDRESS OF BUSINESS �4 /.Bite �.-2 MAP/PARCEL NUMBER C/�'J. s lJJ
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200.Main St. - (corner:of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required.to legally operate your business in this town.
1. BUILDING COM ER'S OFFICE
k "This individu I h s n info d y permit requirements that pertain to this type of business.
Authorized Si ure
COMMENTS f
2. BOARD OF HEALTH .
This individual has been informed,of the permit requirements that pertain to this type of business.
Authorized Signature**
COMMENTS: .
3. CONSUMER AFFAIRS JUCENSING AUTHORII .
This individual ha n infor of he I Y i re a ents that pertain to this type of business.
Authorized Signature** I'
COMMENTS:
TOWN OF BARNSTABLE
� MASSACHUSETTS TQ�JVP� CLERK
BARNSTABLE. S
BUSINESS CERTIFICATE
DATE ISSUED: 06/28/2002 DATE RENEWED; ;
BOOK 188 RENEWAL BOOK: RENEWAL PAGE:
PAGE: 02-218 DATE DISCONTINUEDi
CERTIFICATE EXPIRES: 06/28/2006 DISCONTINUED BOOK: DISCONTINUED PAGE:
In conformity with the provisions of Chapter One Hundred and Ter,(110),Section Five(5)of the General Laws,as amended,the.undersigned
hereby declare(s)that a business is conducted under the title below,located as shown,by the following named person,persons
or corporation:
L.C.LANDSCAPING 270 COMMUNICATION WAY HYANNIS MA 02601
MAILING ADDRESS: PO BOX 788 HYANNISPORT,MA 02647
A TtR4E CPPY-ATI•EST
LUIZ COELHO 48 OAK.HILL RD HYANNIS,MA 02601
Town Clerk
Sigry ures: ' BARNSTABLE
THE ABOVE NAMED PERSON(S)PERSONALLY APPEARED BEFORE M AND MADE OATH THAT THE FOREGOING STATEMENT
IS TRUE.
TITLE
Identification Presented:
DATE: June 28,2002
PLEASE NOTE: IT IS THE RESPONSIBILITY OF THE APPLICANT TO OBTAIN ANY LICENSES AND PERMITS REQUIRED BY THE
BUILDING,HEALTH AND CONSUMER AFFAIRS DEPARTMENTS FOR THE LEGAL OPERATION OF THIS BUSINESS IN THE TOWN.
CONDITIONS: NONE LISTED
In accordance with the provisions of Chapter 337 of the Acts of 1985 and Chapter 110,Section 5 of the Mass General Laws,Business
Certificates shall be in effect for four years from the date of issue and shall be renewed each four years thereafter. A statement under oath must
be filed with the city clerk upon discontinuing,retiring or withdrawing from such business or partnership.
Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during
regular business hours to any person who has purchased goods or services from such business.
Violations are subject to a fine of not more than three hundred dollars($300)for each month during which such violation continues.
----------------------------------------------------------------------------------------------------------------------------------------------------------------
CERTIFICATION CLAUSE
I certify under the penalties of perjury that I,to the best of my knowledge and belief,have filed all state tax returns and paid all state.taxes
req ired under law.
* Sign a of Individual or Corporate Name(Mandatory) By: Corporate Officer(Mandatory if applicable)
** or Federal ID Number
* This license will not be issued unless this certification clause is signed by the applicant.
** Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or
tax payment obligations. Licensees x-ho fail to correct th6r non-filing or delinquency will be subject to license suspension or revocation. 171is
request is made under the authority of Mass.G.L.Cha 62C,S.49A.