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Home My WebLink About0123 SCHOOL STREET o M �� e�� -- .��`"� � � � t 1 L�f; 1 C'.,c _ � ��, Town of Barnstable Regulatory Services r • Thomas F.Geller,Director MASS, f1659. & Building Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 13,2000 Stuart Bornstein One Financial Place 297 North Street Hyannis,MA 02601 Re: 259 North Street,.Hyannis 123 School Street,Hyannis Dear Mr.Bornstein: There are several things that I need to bring to your attention as I leave my employment with the Town of Barnstable. You should address these items with the next building commissioner. The row of hedges along Rita Karath's property at 123 School Street must be installed. I understand that you have taken the position that she will have to take you to court. Our position is that you must install them. The property at 259 North Street needs some additional documentation before you can start the job. We need corroboration from our Legal Department that your project has indeed`begun'and therefore your special permit is not abandoned. In order for this to happen,you need to prove that the foundations in the ground were legally installed and are new foundations as you have told us. You also need to produce a legal opinion that the recent recording of your special permit is indeed not a problem from an abandonment standpoint. At this point,we must inform you that the foundation permit that was issued must not be activated until these items are resolved. I know that the files are old and many items that you refer to are not easy for us to verify. However,we must look at these situations the way we do all similar situations. Sincerely, Ralph M.Crossen Building Commissioner RMC/krn g000913c oFt T Town of Barnstable Regulatory Services BAMSTABLL " Thomas F.Geiler,Director 1°rE1 r 9. 0. Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM DATE: October 18,2000 TO: Robert Smith,Town Attorney FROM: Elbert C.Ulshoeffer,Building Commissioner v" REGARDING: Clff3 School Street;_Hyannis;,Letter dated 10/13/00 to Mr.Bornstein and request for legal action Some time ago I discussed,with Mr.Bornstein,the direction given him by former Building Commissioner Crossen;specifically,the second paragraph of the above mentioned letter. His comments were that he has "no intention of doing anything". I cannot see where Mr. Crossen's direction came from nor what action can be taken(if any)to require Mr. Bornstein to comply. Please review and,if appropriate,commence legal action to enforce compliance. Please call with any questions. enclosures(6) g001008a °Ft t Town of Barnstable Regulatory Services BARNSTABIZ ' Thomas F.Geiler,Director MASS 1639. a``� Building Division ` Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM DATE: October 18,2000 TO: Robert Smith,Town Attorney FROM: Elbert C.Ulshoeffer,Building Commissioner v" REGARDING: 123 School Street,Hyannis,Letter dated 10/13/00 to Mr.Bornstein and request for legal action Some time ago I discussed,with Mr.Bornstein,the direction given him by former Building Commissioner Crossen;specifically,the second paragraph of the above mentioned letter. His comments were that he has "no intention of doing anything". I cannot see where Mr. Crossen's direction came from nor what action can be taken(if any)to require Mr.. Bornstein to comply. Please review and,if appropriate,commence legal action to enforce compliance. Please call with any questions. t enclosures(6) g001008a °FINE r Town of Barnstable .y Regulatory Services IAmsrABM ' Thomas F.Geiler,Director 16 .e. Building Division Ralph Crossen,Building Commissioner 367 Main.Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 13,2000 Stuart Bornstein One Financial Place 297 North Street Hyannis,MA 02601 Re: 259 North Street,Hyannis 123 School Street,Hyannis Dear Mr.Bornstein: There are several things that I need to bring to your attention as I leave my employment with the Town of Barnstable. You should address these items with the next building commissioner. The row of hedges along Rita Karath's property at 123 School Street must be installed. I understand that you have taken the position that she will have to take you to court. Our position is that you must install them. The property at 259 North Street needs some additional documentation before you can start the job. We need corroboration from our Legal Department that your project has indeed`begun' and therefore your special permit is not abandoned. In order for this to happen,you need to prove that the foundations in the ground were legally installed and are new foundations as you have told us. You also need to produce a legal opinion that the recent recording of your special permit is indeed not a problem from an abandonment standpoint. At this point,we must inform you that the foundation permit that was issued must not be activated until these items are resolved. I know that the files are old and many items that you refer to are not easy for us to verify. However,we must look at these situations the way we do all similar situations. Sincerely, Ralph M.Crossen Building Commissioner RMC/km g000913c ti } The Town of Barnstable &MMSPABLE, Office of Town Manager 9 MAW. g 039. p�� 367 Main Street, Hyannis MA 02601 ED MA'S Office: 508-862-4610 John C. Klimm,Town Manager Fax: 508-790-6226 MEMORANDUM TO: Rita Karath FR: John Kli DT: July 13, 000-> RE: Parking Lot, School Street, Hyannis F For your information, enclosed is a copy of a letter dated July 3, 2000 from Ralph Crossen, Building Commissioner, to Stuart Bornstein. Thank you. JCK:Imb - . .��: The Town of Barnstable ,y BAR.YSTABIE MASS. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 t; = ! `c Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner TO Ijii- —j July 3,2000 Mr. Stuart Bornstein Holly Management&Supply Corporation. 297 North Street Hyannis,MA 02601 Re: Parking Lot,School Street,Hyannis Dear Mr.Bornstein: Please replace the hay bales next to Ms.Karat h's home on School Street with a row of hedges and rake back the wash out of sand that has gone on to her land. Thank you in advance for your cooperation. Sincerely, 5 Ralph M.Crossen Building Commissioner RMC:cah cc: John Klimm E g000703b FROM TEL: AUG. 17. 1999 12:41 PM P 1 r - r HOLLY MANAGEMENT & SUPPLY CORPORATION 297 North Street Hyannis, Massachusetts 02601 (508) 775-9316 FAX (508) 775-6526 August 17, 199� VIA FACSIMILE No. (508) 362-3136 VIA U.S. MAIL Attorney Patricia Dailey Cape Cod Commission 3225 Main Street P.O. Box 226 Barnstable, MA 02630 Re: Dockside Restaurant Hyannis, Massachusetts Dear Attorney Dailey: 'My name is Stuart A. Bornstein and I am the owner/landlord for the Dockside property located at 53 South Street. I am writing regarding a hazardous situation created by your Cease & Desist order and request relief from the Commission.' It is my hope the Commission will grant me this relief so I can both extinguish a hazard to the public and alleviate the burden and hardship the Commission's order has unintentionally created on myself. The tenants of the Dockside were in the final stages of completing drainage improvement work ordered by the Town when the Cape Cod Commission recently issued its Cease and Desist Order. All of the work had been completed except for repaving the section of asphalt torn up on the west side of the parking lot. In that section, the septic system is exposed and the area is also deteriorating further due to erosion from runoff. As you know,. the section of Town where this property is located is densely populated and subject to heave foot traffic. It is my concern that someone may injure themselves in this section of uncompleted pavement. It is a potential liability I am unprepared to remain in place. I have observed on three or four occasions children playing in the area.. Someone also attempted to park a car in the area, breaking a fence. This, potentially, could have caused severe damage to the septic system. In addition, I am concerned that if my insurance company is made aware of this unabated hazard that I may lose my coverage. This is a serious safety issue and I request the Commission's approval to put a temporary patch of asphalt over this area before someone gets hurt. No further work will be necessary. Ii c Department of Health, Safety and Environmental Services Building Division RAR? AJ= 367 Main Street,Hyannis MA 02601 etasa r Ralph Crossen Office: 8 $(�Z-�p�j� ;1 -.1; r, f Building Commissioner Fax: 508-790-6230 U August 23, 1999 � 4 - _ C rc�-G Mr. Stuart Bornstein Holly Management&Supply Corporation 297 North Street Hyannis, MA 02601 Re: Parking Lot, School Street,Hyannis Dear i Zr. Eorastein: At this time I am ordering you to take the following steps to abate a public safety hazard on the upper lot on School Street. This lot is currently in a disturbed state and is situated on the corner of School Street and South Street across from The Dockside Restaurant. Iackfill all open trenches on this lot with clean fill. / 2. Stabilize the bank next to the single-family home by filling the trench and vegetating the slope so that no siltation occurs. 3. Stabilize the edge of roadway next to School Street by using hay bales to stop and siltation into the public way. i 4. Backfill and compact against the retaining walls abutting Steamship Authority land. A registered professional engineer must supervise this step. 5. Final cover in the parking area of non-bituminous material such as crushed base or '\ handpacked gravel shall be used. Final inspections by my office will be necessary. The fill cLsen should be pre-cleared by me. A copy of this letter is being sent to the Cape Cod Commission as required by their regulations. A copy is also being sent to the Downtown Waterfront Historic District Commission.for their records. You must begin this work as soon as possible. Please call me if there is any problem complying with this order. Sincerely, G' Ralph M. Crossen Building Commissioner cc: Cape Cod Commission Downtown Waterfront Historic District Commission g990823a CAPE COD COMMISSION }1�t tir < •y !C : 3225 MAIN STREET r P.O. BOX226 BARNSTABLE, MA 02630 (508) 362-3828 ss- C_HUS ' FAX(508)362-3136 E-mail:frontdesk®capecodcommission.org August 26, 1999 Mr. Stuart Bornstein Holly Management & Supply Corp. ')0'7 Mort6 Qtraat - Hyannis, MA 02601 RE: Parking Lot, School Street. H ay nnis-�. Dear Mr. Bornstein: This letter is to notify you that at a meeting held on August 26, 1999 the Cape Cod Commission voted to approve the Emergency Work Determination of Barnstable Building Commissioner, Ralph Crossen. Specifically, the Commission approved the work ordered by Mr. Crossen's letter of August 23, 1999 to you: Site work at the School Street upper parking lot is limited to the work outlined in Mr. Crossen's letter. Please note that Conservation Commission approval, may be required for the approved emergency site work. Please contact me at (508) 362-3828 if you have any.questions concerning the Emergencv Work Determination. Sincerely, ricia D ley Commission Court 1 Cc: Ralph Crossen, Barnstable Building Commissioner Rob Gatewood, Barnstable Conservation Administrator David Ansel, Barnstable Rep., Cape Cod Commussion . Rita Karath, 123 School Street, Hyannis I �(IHE The Town of Barnstable r + UEMABL& + 9� NAM �m� Department of Health Safety and Environmental Services t639. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 3,2000 Mr.Stuart Bornstein Holly Management&Supply Corporation 297 North Street Hyannis,MA 02601 Re: Parking Lot,School Street,Hyannis Dear Mr.Bornstein: Please replace the hay bales next to Ms.Karath's home on School Street with a row of hedges and rake back the wash out of sand that has gone on to her land. Thank you in advance for your cooporation. Sincerely, Ralph M.Crossen _ Building Commissioner RMC:cah cc: John Klimm g000703b f � �TFIE ApM,_ The Town of Barnstable a Luwsr�ate. �. Office of Town Manager { Ep Mpl 367 Main Street,Hyannis MA 02601 Office: 508-862-4610 John C.Klimm, Town Manager Fax: 508-790-6226 Mary Jacobs,Asst.Town Manager MEMO TO:Ralph Crossen FROM:John Klimm RE: Constituent Letter Ralph- ,I am in receipt of the following letter. I would appreciate your input on this matter. ;Jn J - i �.� SA-- 0 c. The Town of Barnstable Department of Health, Safety and Environmental Services Building Division $ 367 Main S H MA 02601 ta�a trees Hyannis o1�oe: g S6 Z-�o38 —_ Ralph Crosson Fax: 508-790.6230 Building Commissioner August 23, I999 Mr.Stuart Bornstein LIP co Holly Management&S r apply Corporation 297 North Street Hyannis,MA 02601 i Re• Parking bi�School,Strret, Dew Mr.Bornstein: At this time I am ordering you to take'the following steps to abate a public safety hazard on the upper'lot on School Street. Ibis lot is currently in a disturbed state and is situated on the corner of School Street and 5agth Street across from The Dockside Restaurant I ackfill all open trenches on this lot with clean fill. ' — ,,\D Stm*ilize the bank next to the single-family home by filling the trench and vegetating the �v lope so that no siltation occurs. ! 3. Stabilize the edge of roadway next to School Street by using hay bales to stop and siltation into theJpublic way. �b "y 4. B ll and compact against the retain*walls abutting Steamship Authority land. A professional engineer must supervise this step. 5. inal cover in the parking area of non-bituminous material such as crushed base or dpacked gravel shall be used. Final inspections by my office will be necessary. The fill should be pre-cleared by me. A copy of this letter is being sent to the Cape Cod Commission as required by their regulations.A copy is also being sent to the DOwmtnwn Waterfront Historic District Commission for their records. You must begin this work as soon as possible. Please call me if there is any problem complying with this order. Sincerely, Ralph M.Crosson Building Commissioner t cci Cape Cod Commission n^wn+-nwn WatArfront Historic District Commission K. Crossen Ralph To: Klimm,John Subject: Constituent letter forwarded to me Mrs. Ruth'Karath of 123 School St sent you'aletter recently asking about Mr. Bornstein,s intentions as far as compliance with my'letter is coriceme'd. I am working with Bornstein now on this (he has filled in the trenches and backfilled against the wall already, and not the other things yet. He drags his feet sometimes. I'll be meeting Bornstein on site today after site plan to work out everything, and I will contact Mrs. Karath and keep her in the loop. I will give you a final wrap up after all this (first of the week). Page 1 Crossen Ralph . From: Crossen Ralph To: Klimm, John Subject: constituent letter Date: Thursday, December 30, 1999 4:01 PM Met on site with Bornstein, he has agreed to do several things as interim measures until the seasons change. I talked to your constituent and she is happy. I gave her my number if anything happens in the future. Page 1