HomeMy WebLinkAbout0122 SKATING RINK ROAD r !
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�pTNE 1pN, Town of Barnstable
Regulatory Services
9MASS. Thomas F.Geiler,Director
`bAr163 p.�6. Building Division
Thomas Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4024 Fax: 508-790-6230
December 6, 2006
Mr. Robert Lucas
121 Skating Rink Road
Hyannis, MA 02601
Re: Illegal Apartment: 121 Skating Rink Road Hyannis, MA 02601
Map: 291 Parcel: 118
Our records indicate that your house at the above-referenced location is currently being
used as a multi-family home, which is contrary to Barnstable Zoning Ordinances.
Violation of zoning ordinances is a misdemeanor, conviction for which results in a
criminal record.
You must contact this office within 14 days to either:
• Apply for a building permit to restore the property to a one-family home
• Apply to the Amnesty Program
• Prove that this is a legal multi-family home.
Please contact this office immediately to tell us what direction you wish to take.
yipcereing Enforcement Officer
,Building Department
gforms:zoning3
Map Page 1 of 1
Town of Barnstable Geographic Information System
Parcel Viewer Custom Map Map Size Zoom Out In
aR �v JPG Map: 291
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Location:
- j�� 29116g Owner:
91169 #�25
2911713
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Map & Parc e
` Location
. Acreage
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Mailing Addi
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i Extra Featur
Out Building
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Buildings
Total Apprai
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Extra Featur
Out Building
Land
Buildings
�. Total Assess
Set Scale 1" 155 I April 2001 Hi Res
.........
Copyright 2006 Town of Barnstable,MA All rights reserved.Send questions or comment
BarnstableMA vO.2.7 [Production]
http://www.town.bamstable.ma.us/arcims/appgeoapp/map.aspx?propertylD=291118&ma... 11/16/2006
Barnstable Assessing Search Results Page 1 of 2
ak r3s x
Home: Departments:Assessors Division: Property Assessment Search Results
New Search
a New Interactive Maps >>
Owner: 2006 Assessed
Values:
LUCAS, ROBERT
122 SKATING RINK ROAD Appraised Value Assessed Value
Map/Parcel/Parcel Extension Building Value: $ 132,000 $ 132,000
291 /118/ Extra Features: $28,400 $28,400
Outbuildings: $0 $0
Mailing Address Land Value: $ 152,500 $ 152,500
LUCAS, ROBERT. {n
Totals $312,900 $312,900
79 ARBOR WAY
HYANNIS, MA. 02601
2006 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation)
Community Preservation Act Tax $40.28 Fire District Rates Town
Barnstable-Residential $1.90 $6.31
Barnstable-Commercial $2.51 Commei
Hyannis FD Tax(Residential) $503.77 C.O.M.M.-All Classes $1.06 $6.54
Cotuit FD-All Classes $1.33 Persona
Town Tax(Residential) $ 1,342.77 Hyannis-Residential $1.61 $6.49
Hyannis-Commercial $2.50 Other R;
W Barnstable-Residential $1.60 Commur
W Barnstable-Commercial $2.46
Total: $ 1,886.82
Construction Details
Building Property Sketch Legend
Building value $ 132,000 Interior Floors Carpet
Style Raised Ranch Interior Walls Drywall
Model Residential Heat Fuel Electric
Grade Average Minus Heat Type Typical
Stories 1 Story AC Type None
Exterior Walls Clapboard Bedrooms 6 Bedrooms t
Roof Structure Gable/Hip Bathrooms 3 Full
http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO6mdp.asp?mapparba... 11/16/2006
Barnstable Assessing Search Results Page 2 of 2
Roof Cover Asph/F GIs/Cmp living area 1392
Replacement Cost $153454 Year Built 1974
Depreciation 14 Total Rooms 9 Rooms
Land
CODE 1010 "
Lot Size(Acres) 0.39
3�
Appraised Value $ 152,500
Assessed Value $ 152,500
? ,A View Interactive Maps >
Sales History.
Owner: Sale Date Book/Page: Sale Price:
LUCAS, ROBERT Aug 212000 12:OOAM C158759 $ 155,000
TRAYWICK, KAY W TR May 15 1986 12:OOAM C106238 $ 115,000
REISMANN, GAIL C May 15 1982 12:OOAM C88701 $3,500
Extra Building Features
Code Description Units/SO ft Appraised Value Assessed Value
BLA Bsmt Liv-Aver 1200 $25,800 $25,800
FPL1 Fireplace 1 $2,600 $2,600
Property Sketch
a
Legend
BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished)
BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished).
CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished)
(Finished)
Three Quarters Story
FAT Attic Area(Finished) GAR Garage UTQ (Unfinished)
FCP Carport GRN Greenhouse UUA Unfinished Utility Attic
FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story
(Unfinished)
FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck
FOP Open or Screened in Porch TQS Three,Quarters Story(Finished)
http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO6map.asp?mapparba... 11/16/2006.
' I
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The Town of Barnstable
• � Inspection Department
• '' 367 Main Street, Hyannis, MA 02601
508-790-6227
Joseph D. DaLuz
Building Commissioner
December 30, 1992
c HAND DELIVERYt�& CERTIFIED MAIL
Sea Street-Extension) ( Q�
Robert A. Bianchi, Esquire
Bianchi and Paquin
Attorneys at Law
Post Office Box 128
Hyannis, MA 02601
RE: Friends of Prisoners, Inc.
122 Skating Rink Road, Hyannis
A=291-118
Dear Mr. Bianchi:
This letter is in response to your letter of December 17,
1992 requesting enforcement action for what you perceive to
be a zoning violation at 122 Skating Rink Road, Hyannis.
First, I should state that I have met with Mr. Cooper and
one of his neighbors and we discussed at great length the
issues involving this residence that has been in existence
since August 22, 1988.
I have a copy of the Articles of. Organization filed with the
Commonwealth under G.L. Ch. 180, known as Friends of
Prisoners, Inc. dated August 22, 1988 signed by the
Secretary of State Michael J. Connelly. The purposes for
which the Corporation is formed and for which it is operated
as stated in the Articles of Organization are exclusively
educational and charitable. More specifically Friends of
Prisoners, Inc. is a group founded by Christians associated
with the Cape Cod Council of Churches, who then and sib
desiring to aid Inmates who have made a decision to live a
life free of crime, free of drug and/or alcohol abuse and
basically to re-enter society and become productive members
thereof. The Organization is tax exempt under provisions of
Section 501 (c) (3) of the Internal Revenue Code.
Robert A. Bianchi, Esquire
December 30, 1992
Page 2.
In addition, the Friends of Prisoners are under agreement
with the Barnstable County Sheriff 's Department to offer
various programs to assist the Sheriff's Department. The
County Commissioners voted to accept the proposal of the
various programs recommended by Sheriff DeMello to provide a
Transitional House Program.
Friends of Prisoners has been accepted as a Member Agency of
the United Way of Cape Cod, Inc. and does receive funding
from the United Way.
The fact that the residents are here to be rehabilitated to .
re-enter society does not negate its educational purpose as
I review the programs. Dr. Gerald Fiore is director of the
clinical staff. Dr. Fiore is licensed by the Commonwealth
of Massachusetts as a Rehabilitation Counselor, Alcohol/Drug
Counselor and also directs Mediation Resolution. Employment
counseling is given at the site - job searches via telephone
(known as cold job research) , resume writing and job
hunting. Parenting skills are taught and help is available
to budget for child support once they are employed. Dr.
Fiore shows educational videos on addiction causes and
treatment. He conducts.. group•.therapy, one to one therapy
weekly, treatment plans,, sets goals and. conducts motivation
classes. These programs,. I am told, are conducted on the
premises. Dr. Fiore has a professional staff .of therapists
to assist him in the daily routine of rehabilitation.
Wayne Nisbey is: the House Manager and in addition to his
regular duties he assists Dr. Fiore with his programs.
Section 3 of Chapter 40A of ' the M:G.L4 requires that there
be an "educational purpose" and that the dwelling be owned
or leased by a non-profit educational corporation. Section
2-4-1 (2 ) of the Town of Barnstable Zoning Ordinance has
incorporated this language.
F
Robert A. Bianchi, Esquire.
December 30, 1992
Page 3.
It is therefore my opinion, based upon the language in
Section 3 of Chapter 40A and our Zoning Ordinance, the
purpose stated in the Articles of Organization (Chapter 180
M.G.L. ) and the material and information furnished me, that
a zoning violation does not exist at 122 Skating Rink Road,
Hyannis.
Peace,
seph D. DaLuz
Building Commissioner
JDD/gr
cc: Town Manager
Assistant Town Manager Via.►.
Town Attorney
Chief Neil Nightingale/B.P.D.
Reverend Thomas Shepherd •
Certified mail: P 375 771 531 R.R.R.
J'
TOWN OF BARNSTABLE
INSPECTION DEPARTMENT _
367 MAIN STREET
HYANNIS, MA 02601
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The Town of Barnstable
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ras& ' Inspection Department
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i619 367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Warren-J. Rutherford, Town Manager
FROM: Joseph D. DaLuz, Building Commission r
SUBJECT: 122 Skating Rink Road
Map/Lot 291. 118
DATE: March 22, 1994
On June 12, 1974 building permit number 17142 was issued to
David and Bernita Grogan for a one story, six room house
(three bedrooms) at 122 Skating Rink Road. Although the
ownership has changed, we have no record permitting any
addition to the original permit.
M940322A
P�ofiHe Town of Barnstable
Office of Community and Economic Development
BARNSPABLE. : 367 Main Street,Hyannis,Massachusetts 02601
v M (508)862-4683 or(508)862-4.695 Fax(508)862-4725
ArFD MA't A
Kevin J.Shea
Director
July 2, 2002
Robert Lucas
9 Pleasant Park Avenue, # 1H
Hyannis, MA 02601
Re: Property at 122 Skating Rink Road
Dear Robert Lucas:
This letter is to introduce you to the Accessory Affordable Housing (Amnesty)
Program. .
The program is a unique way for our local government to partner with property
owners like you in providing affordable housing in our town while allowing you to
make rental income. You were referred to me by the Building Department because
you own a single-family home with an accessory unit that is not currently permitted
for use as a family apartment; (or you may be the owner of multi-units where there
exists one or more illegal apartments).
Enclosed for your convenience is a program brochure so that you will have the
opportunityto read about the Amnesty Program. Please feel free to call and find out
more information on how to participate or to ask any questions that you might have.
Looking forward to the possibility of working with you soon.
Sincere
Paulette Theresa-McAuliffe .
Special Projects Coordinator
lax
Town of Barnstable *Permit# ys
Facptres 6 mond a from issue date
. : Regulatory Services Fee c�
s3 Thomas F.Geiler,Director
0
BII11dlII Divisio
n
on
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601 P"1� a '
►ffice: 508-92-403.$
S E P 2.2 2004
ax: 508-790-6230
EXPRESS PERMIT APPLICATION -..-: 'RESIDENTIA�S�$V MF BARiVSTABLE
Not.Valld without Red X.Press Imprint
`parcel Number
erty Address a� G .L/
.esidential Value of Work . VeQ 6 Miniinum-fee of•$25.00 for work under$6000.00
er's Name&Address 1?D Lace
ractor's Name / Telephone Number y-8-'771-J 26 E
re Improvement Contractor License#(if applicable)
>truction Supervisor's License#(if applicable)
Torkman's Compensation Insurance
Check one:
I am a sole proprietor
I am the Homeowner
I have Worker's Compensation Insurance
rance Company Name
kman's Comp.Policy#
y of Insurance Compliance CertiScate'must be on file.
nit Request(check box)
Re-roof(stripping old shingles) All construction debris will be taken t07 -�� (J;�t�/�S'�
❑ r�
Re-roof(not stripping. Going over existing layers of roof)
❑ Re-side
❑ Replacement Windows. U-Value ( .44)
'Where required: Issuance of this permit does not exempt compliance with other.town depmtnentreswations,i.e.Historic,Conservation,etc.
***Note: Property Owner must sign Property Owner Letter of Permission.
ome rovement ctors License is required.
nature
rms:expmtrg .
rO63004
ram/
1
-� WE The Town of Barnstable
�8LE. Office of Town Manager
a ��m 367 Main Street,Hyannis,MA 02601
Office: 508-790-6205 Warren J.Rutherford
Fax: 508-775-3344 Town Manager
TO: Members of the Town Council
FROM: Leon Churchill, Assistant Town Manager
DATE: January 5, 1993
SUBJECT: Friends of Prisoners, Inc. at 122 Skating Rink Road in Hyannis
The Building Commissioner issued his opinion on December 30, 1992 regarding the
appropriateness of Friends of Prisoners, Inc. as a land use permitted in a residential
zone. You may in Commissioner was in the midst of
o Building u d
determining its recall that the appropriateness as of December 17.
The Building Commissioners decision that no zoning violation exists is based on
interviews with various individuals, a copy of the Articles of Organization filed with
the Commonwealth of Massachusetts, Section 2-4-1 (2) of the Town's Zoning
Ordinance, and knowledge of recent court decisions regarding the definition of an
educational function. A copy of his letter to Mr. Robert A. Bianchi, Esquire, is
attached.
Under State and local law, the abutters to Friends of Prisoners, Inc. may appeal the
Building Commissioners decision to the Zoning Board of Appeals within 30 days. In
addition, any decision of the Zoning Board of Appeals can be Y
appealed to the
Courts of the Commonwealth.
Public safety has also been raised by abutters as an issue put in jeopardy by Friends
of Prisoners, Inc. According to Police Department records, there have been 18 calls
for service from Skating Rink Road since June 15, 1992. Of this total, five were
related to Friends of Prisoners, Inc. at 122 Skating Rink Road which were all
initiated by the house management. Retrieving information prior to June 15, 1992
has proven to be difficult due to technological transition, but Friends of Prisoners,
Inc. is not known as a problem residence according to institutional memory.
If you have any additional questions,please let me know.
Attachment
yo fr[ 0. �r
=' The Town of Barnstable
Inspection Department
367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
December 30, 1992
Robert A. Bianchi, Esquire
Bianchi and Paquin
Attorneys at Law
Post Office Box 128
Hyannis, MA 02601
RE: Friends of Prisoners, Inc.
122 Skating Rink Road, Hyannis
A=291-118
Dear Mr. Bianchi:
This letter is in response to your letter of December 17 ,
1992 requesting enforcement action for what you perceive to
be a zoning violation at 122 Skating Rink Road, Hyannis.
First, I should state that I have met with Mr. Cooper and
one of his neighbors and we discussed at great length the
issues involving this residence that has been in existence
since August 22 , 1988 .
I have a copy of the Articles of Organization filed with the
Commonwealth under G.L. Ch. 180, known as Friends of
Prisoners, Inc. dated August 22 , 1988 signed by the
Secretary of State Michael J. Connelly. The purposes for
which the Corporation is formed and for which it is operated
as stated in the Articles of Organization are exclusively
educational and charitable. More specifically Friends of
Prisoners, Inc. is a group founded by Christians associated
with the Cape Cod Council of Churches, who then and since,
desiring to aid Inmates who have made a decision to live a
life free of crime, free of drug and/or alcohol abuse and.
basically to re-enter society and become productive members
thereof . The Organization is tax exempt under provisions of
Section 501 (c) (3 ) of the Internal Revenue Code.
r
Robert A. Bianchi, Esquire
December 30, 1992
Page 2 .
In addition, the Friends of Prisoners are under agreement
with the Barnstable County Sheriff's Department to offer_
various programs to assist the Sheriff 's Department. The
County Commissioners voted to accept the proposal of the
various programs recommended by Sheriff DeMello to provide a
Transitional House Program.
Friends of Prisoners has been accepted as a Member Agency of
the United Way of Cape Cod, Inc. and does receive funding
from the United Way.
The fact that the residents are here to be rehabilitated to
re-enter society does not negate its educational purpose as
I review the programs. Dr. Gerald Fiore is director of the
clinical staff. Dr. Fiore is licensed by the Commonwealth
of Massachusetts as a Rehabilitation Counselor, Alcohol/Drug
Counselor and also directs Mediation Resolution. Employment
counseling is given at the site - job searches via telephone
(known as cold job research) , resume writing and job
hunting. Parenting skills are taught and help is available
to budget for child support once they are employed. Dr.
Fiore shows educational videos on addiction causes and
treatment. He conducts group therapy, one to one therapy
weekly, treatment plans, sets goals and conducts motivation
classes. These programs, I am told, are conducted on the
premises. Dr. Fiore has a professional staff of therapists
to assist him in the daily routine of rehabilitation.
Wayne Nisbey is the House Manager and in addition to his
regular duties he assists Dr. Fiore with his programs.
Section 3 of Chapter 40A of the M.G.L. requires that there
be an "educational purpose" and that the dwelling be owned
or leased by a non-profit educational corporation. Section
2-4-1 (2 ) of the Town of Barnstable Zoning Ordinance has
incorporated this language.
g
Y
r
Robert A. Bianchi, Esquire
December 30, 1992
Page 3.
It is therefore my opinion, based upon the language in
Section 3 of Chapter 40A and our Zoning Ordinance, the
purpose stated in the Articles of Organization (Chapter 180
M.G.L. ) and the material and information furnished me, that
a zoning violation does not exist at 122 Skating Rink Road,
Hyannis.
Peace,
sZn aL
uz
Building Commissioner
JDD/gr
cc: Town Manager
Assistant Town Manager✓
Town Attorney
Chief Neil Nightingale/B.P.D.
Reverend Thomas Shepherd `
Certified mail: P 3.75 771 531 R.R.R.
BIANCHI AND PAQUIN
ROBERT A. BIANCHI .ATTORNEYS AT LAW 55 SEA STREET EXTENSION
THOMAS C. PAOUIN
POST OFFICE BOX 128
M IGHELE C. MORLEY
(ASSOCIATES) HYANNIS, MASSACHUSETTS 02601
TELEPHONE (508)775-0785
December 17, 1992
VIA HAND- DELIVERY AND CERTIFED MAIL
RETURN RESHIPT- REQUESTED
Mr. Joseph Daluz, Building Commissioner/Inspector
Town,of Barnstable
367 Main Street
Hyannis, MA 02601
RE: 122 Skating Rink Road, Hyannis, MA
Town Parcel Identification Number (Assessors R291 118-
Research F.N.D. Trust, R.W. Traywick, Trustee, Friends
of Prisoners, Inc
Our File Number: 8353D
Dear Mr. 'Daluz
I represent and am the attorney for John F. Cooper and
Bonnie M. Cooper of 131 Skating Rink Road, Barnstable (Hyannis) ,
MA. Both of the above referenced properties are in the "RB"
Zoning District and Bylaws of the Town of Barnstable. It is our
belief and position that the property at 122 Skating Rink Road
referenced above is currently being used in a manner' which
violates the Town of Barnstable Zoning Bylaws. The 122 Skating
Rink Road property is currently being used to house former
inmates of various Massachusetts correctional institutions. This,
use is prohibited by the Bylaw. This use is not permitted.
Pursuant to M.G.L.A. c. 40A, §7 as amended, I, on behalf of
my clients, hereby request that you enforce the zoning ordinance
against the parties. I request a report of the action you take
on this matter and the reasons therefore within fourteen (14 )
days.
Thank you for your anticipated cooperation.
$Vian
rs,
chi, Esq.
RAB/bc
cc: Mr. John F. Cooper
Mrs. Bonnie M. Cooper
CAVP CALENDAR: VIEW PARTICIPANT DIRECTORY NEXT MENU GCAVP
Creator: R. CHURCHILL
Date: 1/06/93 Time: 09:OOAM - 09:45AM Location: NTH-SELCONF
Description: FRIENDS OF PRISONERS/BIANCHI/PANITZ
Participant Participant
----------------------- -----------------------
J. DALUZ R. SMITH
**END**
Attend (Y/N) Sending delegate. . . . .
CSTA CALENDAR: EVENT STATUS TRANSMIT TO CONTINUE
Status summary: Unscheduled recurring events N
Unacknowledged meetings Y
Active reminders N
Date Time Location Evt Status Prev user status
-------- ----------------- ------------ -------------- ----------------
1/06/93 09:OOAM - 09:45AM NTH-SELCONF Added
Description: FRIENDS OF PRISONERS/BIANCHI/PANITZ
**END**
URNWASM • The Town 'of Barnstable
' ,� Department of Health, Safety and Environmental Services
tea'' Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
February 6, 1997
Kennedy-Donovan Center
122 Skating Rink Road
Hyannis, MA 02601
Dear Sir or Madam:
Pursuant to the Massachusetts State Building Code change of December 24, 1996,
Department of Mental Retardation group homes and Department of Mental Health
apartment programs are removed from the requirements of Sections 631, 636, and 638 of
the Code and no longer require periodic inspections under Section 108 of the Building
Code.
Wishing you well for the new year.
Sincerely,
Ralph M. Crossen
Building Commissioner
RMC/lbn
j970205a
s' 380 Mass. 869 869
868 380 Mass. 858 _
Commonwealth v. Hodge(No. 2). Fitchburg Housing Authority v.Board of Zoning Appeals of Fitchburg.
{
i the defendant were entitled to § 33E review, we would
refrain from exercising this extraordinary power to reduce
the verdict in the instant case.2
[ The evidence which tended to support the defendant's )i FITCHBURG HOUSING AUTHORITY & another' vs. BOARD of
arguments that the death occurred in self-defense, or in heat =,k ZONING APPEALS OF FITCHBURG & another.2
of combat and without malice, came entirely from the de- :
C'
fondant. 'There was ample evidence from which the jury Worcester. April 9, 1980. —June 12, 1980.
;,,k;:
4
could infer malice. For example, the defendant stated to Ai- Present: HENNESSEY,C.J.,Qulwco,BRAUCHER,WILwNS,&ABRAMs,JJ.
j 1 Officer Skroski that he did not need to worry about Eugin '
4 because he (the defendant) had a gun. Moreover, the de- Y` zoning, Educational use. Education. Words, "Education."
Pendant had armed himself while waiting for Eugin on a
Use of premises as a residential facilityfor the education and rehabilita-
prior occasion; and on the night of the killing he had removed tion of formerly institutionalized adults with histories of mental illness
the safety strap from the holster before going to meet Eugin: was a use for a public educational purpose exempt from a local zoning
Finally, the defendant, an experienced former police officer, ordinance under G. L. c. 40A, § 2, as amended through St. 1959,
did not take the opportunity to call for police assistance c. 607, § 1. [872-875]
when he knew that Eugin was coming to his house. Instead
g g =,
he chose to arm himself with a revolver and face Eugin A CIVIL ACTION commenced in the Superior Court Depart-
alone. All of this evidence, and more, militated against a J, ment on August 17, 1978.
manslaughter verdict or a verdict of not guilty. The case was.heard by Beaudreau, J.
"As we said at the commencement of this opinion, this is After review was sought in the Appeals Court, the Su-
not acase where the interest of justice requires an order preme Judicial Court, on its own initiative, ordered direct
changing the verdict of the jury from murder in the second appellate review.
degree to manslaughter. The evidence was highly conflict- _ William Link, III (Charles E. Cashman with him) for the
ing. The jury declined to accept the defendant's claim of x plaintiffs.
self-defense. Unlike Commonwealth v. Jones, 366 Mass. Timothy S. Hillman for the defendants.
805, 809 (1975), the great weight of the evidence does not Francis X..Bellotti, Attorney General, Carl Valvo, Assist-
tend to establish that the killing was carried out without �' ant Attorney General, Ann Futter, Legal Assistant to the
'# Attorney General, for the Department of Mental Health,
malice aforethought." Commonwealth v. Greene, 372 F y p
Mass. 517, 522 (1977). amicus curiae, submitted a brief.
;
WILKINS, J. The dispositive issue in this case is whether a
I facility, proposed to be operated by the North Central Mas-
Judgment affirmed.
sachusetts Mental Health Association, Inc. (Association), on
{ premises owned by the Fitchburg Housing Authority(Hous-
ing Authority), is a public educational use which the Fitch-
burg zoning ordinance may not forbid. The Association
!; t ,
proposes to operate a residential facility in which formerly
'North Central Massachusetts Mental Health Association, Inc.
1 2NVe observe that whether or not a case has§ 33E statutory eligibility, p;
I
we have long since applied a similar standard of review as in part 3 above. 2Building Inspector of Fitchburg.;,
ey
„ 1
.1 t r5
870 380 Mass. 869 k, 380 Mass. 869 871
} '' I Fitchburg Housing Authority v. Board of Zoning Appeals of Fitchburg. a' Fitchburg Housing Authority v.Board of Zoning Appeals of Fitchburg.
institutionalized but educable adults, with histories of men- August 2, 1978 (eighty-four days after the appeal was filed)�-irv,
tal difficulties, will live while being trained in skills for in- The board concluded that the proposed use was not a school
r dependent living, such as self-care, cooking, job seeking, '' but did not explicitly pass on the question whether the statu-
'( budgeting, and making use of community resources. The r' tory protection provided by § 2 was applicable to the Associ-
t Association relies on that provision in G. L. c. 40A, § 2, as ' , ation's proposed use. The Association and the Housing Au-
I amended through St. 1959, c. 607, § 1, that provides that no thority appealed to the Superior Court, combining reliance
t' zoning ordinance "which prohibits or limits the use of land on § 2 with a claim that, because the board of zoning ap-.
rl for any educational purpose which is . . . public shall peals did not act on the application within seventy-five days
be valid.113 See Attorney Gen. v. Dover, 327 Mass. 601, 603 of the filing of the appeal, the application must be deemed
(1951). We conclude that the use that the Association in- to have been granted pursuant to § 15 of The Zoning Act.'
tends to make of the premises is a use for a public education- The issues for decision in the Superior Court were ques-
•i al purpose that cannot be prohibited or limited b the rovi- tions of law on the facts found b the judge. No deference
P P P Y P Y ] g
sions of the Fitchburg zoning ordinance. to the judgment or discretion of the local zoning board was
On May 8, 1978, the Housing Authority applied for a per- J ' required. Opinions relied on by the zoning board, defining
snit to convert a residential building on Prospect Street for the role of a Superior Court judge on an appeal from the
use as a community residence. The superintendent of granting of a variance or a special permit, are inapplicable.
.I buildings ruled that a community residence was not permit- „ f We summarize the basic facts found by the judge. The
(� ted in the Residence B zoning district in which the premises proposed facility would be located in a single-family house,
lay. On May 10, 1978, the Association and the Housing Au- ;; formerly occupied by a physician, and would be operated to
thority appealed to the city's board of zoning appeals seek- work with chronically disturbed people who have been in
ing "authorization to operate a residential educational and mental institutions: These people would require medical
rehabilitation facility for adults with histories of psychiatric treatments and would participate in a "training program
difficulties.” The appeal was not founded on a claim that a
ilk i variance should be granted from the provisions of the zoning ; 'General Laws c. 40A, § 15, as appearing in St. 1975,c. 808, §3,pro-
# { ordinance but rather on the theory that the proposed use was : vides in part that"[t]he decision of the board shall be made within seven-
ty-five days after the date of the . . . application . . . [with an exception
ptl:(t ; permitted as a matter of law. The appeal relied on (1) the q` not relevant here]. Failure by the board to act within said seventy-five
language of the zoning ordinance that permitted "Private da s shall be deemed to be the rant of the . . . a lication . . . sou ht"
Y g PP ' g
! 1; and Public Schools" in a Residence B zoning district and (2) subject to judicial appeal. This automatic approval provision changed
l; prior law. See Casasanta v. Zoning Bd. of Appeals of Milford,377 Mass.
y the provisions of § 2 of The Zoning Enabling Act.
i a 67, 69-73 (1979); Cullen v. Building Inspector of N. Attleborough, 353
j � !) The board of zoning appeals heard the matter on June 5 i
g PP J Mass. 671 (1968)._ The new statutory provision became effective in Fitch-
1978, and rendered a decision denying the application on [ burg on July 1, 1978. Because of the conclusion we reach on the exemp-
3 tion afforded by § 2 of The Zoning Enabling Act, we need not decide
{ �l whether the"automatic" approval provision of the new act applied to an
'
x This language appears in The Zoning Enabling Act which has been su-
appeal submitted to and heard by the board of zoning appeals prior to
perseded by The Zoning Act a revised zoning regulatory statute adopted
July 1, 1978. Our opinion in the Casasanta case does not answer this
j l in 1975. St. 1975, c. 808, § 3. All parties have treated the issue in the question. We note that the board's decision was rendered within seventy-
court below and here as governed by the quoted language of § 2 of The five days of July 1, 1978.
1 Zoning Enabling Act and not by similar language now appearing in§ 3 of{ s The Zoning Act. It appears that, at the time of the filing of the applica- The only evidence of a need for medical treatment was testimony that
tion for authority to use the premises, §2 of The Zoning Enabling Act was + 95% of the residents would be taking prescription medicine largely under
• a' the controlling statute. their own control, although the staff might control and distribute the
P•
872
380 Mass. 869 380 Mass. 869 873
Fitchburg Housing Authority u. Board of Zoning Appeals of Fitchburg. Fitchburg Housing Authority v.Board of Zoning Appeals of Fitchburg.
aimed at developing or learning social and interpersonal skills r " The crucial question is whether the proposed use is a use for
' such as learning to keep themselves physically clean, learning an "educational purpose," as that term is used in G. L.
Y�, k to shop and how to use money, [and] learning to cook." The `.. c. 40A, § 2.' If the judge's characterization of the proposed
basic purpose would be ` to train,people to rid themselves of facility as a"medical facility"is a conclusion that, as a mat-
bad habits and teach them habits so that they would be qual- ter of law, the proposed use would not be "educational," it
ified to live indep endentl b themselves in a communit " ''
There would be full-time house managers, whose ualifica- must be reversed as an error of law. See New England Can-
g q teen Serv., Inc. v. Ashley,372 Mass. 671, 674 (1977). To the
tions would include a bachelor's degree in human services. extent that it is a finding of fact, it must be set aside as"clear-
None of the teachers would be certified under G. L. c. 71, ly erroneous." Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974).
f
§ 38G. In selecting personnel, the emphasis would not be on See Building Inspector of Lancaster v. Sanderson, 372 Mass.
teaching experience or qualifications, but more on social and 157, 161 (1977). The fact that many of the residents of the
4µ psychological training and abilities. ,r facility will have been residents of mental institutions and
The judge concluded that the proposed facility would not will be taking prescription drugs does not negate its educa-
t ;. be a school "but a medical facility."e He acknowledged the '� , tional purpose or make its dominant purpose medical.
claim that the use was an exempt educational use but did There will be no nurses or doctors regularly in attendance atnot discuss the question in determining that the facility q g Y - the facility. There is no indication that the residents will be
x would not be a school. g ''
Jud ment was entered that no mod- '.�' a threat to themselves or to the public.8
i ification of the decision of the board of zoning appeals was The fact that the residents will be adults does not deprive
required. We transferred here on our own motion the ap-
0
1T the use of its educational character. See Cummington
peal of the Association and the Housing Authority. -' School of the Arts Inc. v. Assessors of Cummington, 373
The central issue in this case is one of law, not of fact. Mass. 597, 604 (1977) (tax case) (school of the arts largely
The judge's findings are based on the Association's represen- t for adults); Assessors of Lancaster v. Perkins School, 323
I tations at trial concerning its planned use of the premises. Mass. 418, 422 (1948) (tax case) (some adults received the
benefits of the school). Nor is it controlling that the nature
z !! of what is taught is not within traditional areas of academic
U medication for some residents. There would be neither medically trained
instruction or that the instructors will not be certified by the
personnel nor medical facilities on the premises. The judge found that a 4�'
staff psychologist would visit periodically and a psychiatrist would be (a Commonwealth. See Cummington.School of the Arts, Inc.
bK ? ( y p v. Assessors of Cummington, supra at 603, and cases cited.
available. Some residents of the facility would be under conservatorship
or guardianship. There was evidence that the ten people served by the fa-
p p k See also Harbor Schools Inc. v. Board of Appeals of Haver-
i cility would be in residence for varying periods of time, as long as two �"
years, if necessary. The Association disclaims any intention to accept in
't the facility individuals whose primary diagnosis is alcoholism, criminals- 'There is no claim that,if the use is an educational use,it is not a public
ty, drug abuse, organic brain disorder,violent behavior, antisocial sexual educational use. The facility will be available to all people in north cen-
behavior, or mental retardation.
�>x
p tral Massachusetts, and, therefore, its character as a public use cannot
'The question whether the proposed use would be a school and hence a t if reasonably be, and is not, questioned. See Worcester v. New England
'°' Inst. v New England School o Accounting,Inc. 335 Mass.486 488-490
permissible use under the Fitchburg zoning ordinance was not raised in �> g f g>
I 1957 • Assessors o the complaint filed in the Superior Court and, by language in the com- .�A: ( ) } Lancaster v. Perkins School 323 Mass. 418 421
1 plaint, was inferentially abandoned as a ground for the appeal. The s (1948).
il f ' judge discussed the point. The appellants argue it here. In any event,we 'On the contrary, the Association will not accept as residents persons
f I need not decide the point because it is made irrelevant by our decision pis, whose primary diagnoses suggest the potential for dangerous or antisocial
a
that the proposed use is an educational use. behavior. See note 5,supra.
Y}
874 380 Mass. 869 °t ,j 380 Mass. 869 875
Fitchburg Housing Authority v. Board of Zoning Appeals of Fitchburg. k Fitchburg Housing Authority v.Board of Zoning Appeals of Fitchburg.
r
`Ap sip"'
kill, 5 Mass. App. Ct. 600 603 (1977) discussed infra. The Mass. 139 146 (1887). In the Mount Hermon case, we ac-
fact that the facility will provide residential accommoda- ce ted as a definition of education"the process of developing
tions does not interfere with its educational use.• President u 'th and training the powers and capabilities of human beings,"
Fellows of Harvard College v. Assessors of Cambridge, and embraced the idea that education is the process of pre-
175 Mass. 145, 146-147 (1900). Trustees of Phillips Acade ,, paring persons for activity and usefulness in life."Id. at 146.
my v. Andover, 175 Mass. 118, 125 (1900). The question The proposed facility would fulfil a significant educa-
remains whether the dominant activity will be educational. .' tional goal in preparing its residents to live by themselves
There is respectable authority that a residential facility outside the institutional setting. Instruction in the activities
I? y y of daily living'is neither trivial nor unnecessary to these per
for the education of emotionally disturbed children is an tz
educational use. Our Appeals Court so held in Harbor sons. On the contrary, for the prospective residents of the
prop
Schools, Inc. v. Board of Appeals of Haverhill, supra, deal- tant step toward developing their powers and capabilities as
osed facility to learn or relearn such skills is an impor-
ing with § 2 of The Zoning Enabling Act. In that case, the ;
educational program offered by the facility involved indoc- human beings. Inculcating a basic understanding of how to
"a cope with everyday problems and to maintain oneself in so-
trination in traditional academic subjects and fulfilled the ciet is incontestabl an educational process. That is the
public policy expressed in c. 766 of the Acts of 1972 concern- y y
ing the education of children with special needs. Id. at 606. dominant purpose of the proposed facility.
Similar reasoning guided the court in School Lane Hills,
State certification of its teachers apparently was not required. Inc. v. East Hempfield Township Zoning Hearing Bd., 18
Id. at 603. A residential facility approved by a State Depart- Pa. Commw. Ct. 519, 525 (1975), where a center for the
ment of Education for the education of children with mild training of retarded youth to assume a positive role in socie-
emotional disturbances, offering a curriculum comparable "
ty by providing them with industrial skills was held to be
to that afforded in the public schools, has been held to be a "educational in nature" under a local zoning ordinance.
"school" within the meaning of the word in the local zoning ", The court said that"[w]hile such skills may appear simplistic
regulations. Armstrong v. Zoning Bd. of Appeals of Wash- to a `normal' person, their assimilation nonetheless repre-
ington, 158 Conn. 158 (1969). The circumstances were sents a great improvement in the normal human condition
substantially similar and the result was the same in Wiltwyck of the trainees. The nature of the Child Development
School for Boys, Inc. v. Hill, 11 N.Y.2d 182 (1962). In Center is no less educational than that of the most demand-
Areba School Corp. v. Mayor of Randolph, 151 N.J. Super. ing universit " Id. at 524. Past and continuing emotional
R=
336, 341 (1977), the court rejected as clearly erroneous a At, or psychiatric problems may determine the character of the
finding that a residential school for emotionally disturbed training furnished to residents of the proposed facility, but
children, designed to meet the educational obligations of k they do not mark the facility as "medical" or render it any
14
local school boards, was a therapeutic community with i,, less educational.
merely an ancillary educational component. ;;' The judgment is reversed. Judgment shall be entered
The present case concerns.the issue of what is an educa- " declaring that the proposed use is a public educational use.
tional use in circumstances not as closely related to the ful- ld that may not be barred under the Fitchburg zoning ordi-
nonce and that a permit to use the premises may not be denied
filment of traditional educational goals as were the circum-
stances in the Harbor Schools case. This court, however, to the Association and the Housing Authority on the ground
has long recognized "education" as "a broad and compre- k that the proposed use is not permitted as a matter of law.
hensive term." Mount Hermon Boys' School v. Gill, 145 So ordered.
i
! 401 Mass. 12
12 401 Mass. 12 ,: 13 ,
Gardner-Athol Area Mental Health Association v.'Coning Boar)of Appeals of Gardner. , Gardner-Athol Area Mental Health Association v.Zoning Board of Appeals of Gardner.
Robert D. Fleischner, Matthew Engel, William G. Crane,
��r �,l Robert Weber, David Engle, Anna Alford & Deborah Filler,
,i �P o for Massachusetts Association for Mental Health, Inc., &
I ll
GARDNER-ATHOL AREA MENTAL HEALTH ASSOCIATION,INC. rxct others, amici curiae, submitted a brief.
& another' VS. ZONING BOARD OF APPEALS OF GARDNER ttl kt+t�i WILKINS, J. The Gardner-Athol Area Mental Health Asso-
& others.'
' .� �� € ;. (GAAMHA),supported by the Department of Men-
tal cation,Inc.Health (department), argues that, because GAAMHA is a
Worcester. May 6, 1987.—October 8, 1987. r�. "nonprofit educational corporation"and because its proposed use
Present: Ht;NNessev,CA.,WII-KINS,LIACOS,AnRAMs,NOLAN,LYNCH,&O'CONNOR,JJ. 4*' of premises in Gardner as a residential care facility would be a
the of remises
use for"p educational purposes,"the Gardner zon- '
Zoning, Educational use. Statute, Construction. Mental Health. Words, t . Ing ordinance may not lawfully forbid GAAMHA's proposed
Y use of premises for a residential care facility for four adults with
"Nonprofit educational corporation." mental disabilities. GAAMHA relies on the provision in G. L.
A nonprofit corporation need not have education as its dominant purpose or � n t;. 40A, § 3 (1986 ed.), which denies to a municipality the right
primary activity to qualify as a "nonprofit educational corporation" to to restrict by zoning "the use of land or structures . . . for
I
be exempt, under G. L. c. 40A, § 3, from municipal zoning restrictions :t ��li educational purposes. . .by a nonprofit educational corporation."
on its use of land or structures for educational purposes, where educa- ,v
u A District Court judge, deciding GAAMHA's appeal G. L.
tional activities are among the corporate purposes set forth in its articles PP
of organization. [15-16] LYNCH, J., with whom NOLAN, J., joined, °;' c. 40A, § 17) from a decision of the Gardner board of appeals -
dissenting. (board), agreed that GAAMHA's proposed use was for educa-
I'' , F` tional purposes but that GAAMHA was not a "nonprofit edu-
cational corporation"within the meaning of G. L. c. 40A;§ 3.
CIVIL ACTION commenced in the Gardner Division of the
t.; We agree that the proposed use would be'for educational pur- r
�� Y.
District Court Department on January 28, 1986. N; poses, an issue which needs no further discussion. See Fitch-
The case was heard by Maithety R. McCann, J. Q,;lx`burg Hous. Auth. v. Board of Zoning Appeals of Fitchburg,
The Supreme Judicial Court granted requests for direct ap- ?, t 380 Mass. 869, 874 (1980); Commissioner of Code Inspection
pellate review. � + ; of Worcester v. Worcester Dynamy, Inc., 1 I Mass. App. Ct.
Martin Ames for Gardner-Athol Area Mental Health Associ ;+� ; 97, 99-100(1980). Cf. Whitinsville Retirement Soc'y v.North-
ation, Inc. _' bridge, 394 Mass. 757, 760 (1985) (primary purpose of a
Suzanne E. Durrell, Assistant Attorney General, for Depart- proposed nursing home not educational). We disagree, how-
ment of Mental Health. ever, with the judges conclusion that GAAMHA is not a
John B. Barrett, City Solicitor(Anthony E. Penski, Assistant F F, , nonprofit educational corporation. Because GAAMHA is a
: nonprofit educational corporation, the Gardner zoning ordi-
Cily Solicitor, with him) for the defendants. fi
l^ -
Kenneth N. Margolin, for Massachusetts Association of Pri- ; fiance may not lawfully restrict GAAMHA's proposed use of
vate 766 Schools, Inc., & another, amici curiae, submitted a '114 the premises.'
3 '+fe tt
brief. =t —
' l 'Such a use would be lawful under the zoning ordinance if the board
were to grant a special permit. GAAMHA asserts that it has a right to use -
`. a.lrt',
r� �u,,, the premises as proposed and that use cannot
v P of r
Department of Mental Health, intervener. t� P properly be regulated by the
Fifty-seven Gardner residents and the cif 's building inspector.
, zoning ordinance.
y-. � Y g P
x,l
�t,
14 401 Mass: 12s 401 Mass. 12 15
rry —
Gardner-Athol Frrea Mental Health Association v.Zoning Board of Appeals of Gardner. &q'S',t. Gardner-Athol Area Mental Health Association v.Zoning Board of Appeals of Gardner.
We summarize relevant facts found by the judge. GAAMHA
'i. role in GAAMHA's activities and that GAAMHA was not a
.#;
is a nonprofit corporation organized pursuant to G. L. c. 180. tt nonprofit educational corporation, affirmed the board's deci- ¢
tiy', 1
Its articles of organization state its purposes as follows: "To �.. .': " Sion. GAAMHA and the department appealed, and we allowed
cooperate with the State and National Associations for Mental their applications for direct appellate review.
Health and other Mental Health Associations as well as State ti GAAMHA is a nonprofit corporation. The issue is whether
and other governmental agencies to promote a program of 1 P� it is a nonprofit educational corporation. GAAMHA's corpo
`
mental health education; to provide means and facilities to aid " rate purposes, set forth above, surely include educational pur-
in the prevention,care and treatment of mental health disorders; poses. Cooperation with private associations and governmental
,
to aid in the restoration of mental health and to aid in the �'q agencies "to promote a program of mental health education,"
rehabilitation of the mentally handicapped, and to do all things "to aid in the restoration of mental health and to aid in the
necessary and incidental to the carrying out of these purposes:" rehabilitation of the mentally handicapped" are clearly educa-
GAAMHA operates programs for the mentally ill and mentally :' tional purposes. Rehabilitation surely falls within the meaning
retarded, in addition to providing vocational training and
al- tx ; of education. See Harbor Schools, Inc. v. Board of Appeals
poutpatient of Haverhill, 5 Mass. A . Ct. 600, 604-605 (1977).
cohol dependence programs. GAAMHA o erates an k{t PP ,
P
clinic and recovery home for alcoholics. t There is nothing in G. L. c. 40A, § 3, as the board argues,
In October, 1985,GAAMHA leased a single family dwelling ��4if that requires that education be the dominant purpose or primary 1
facility ;;, �ti,w. .
a residential care y activity of a
Gardner for use as ._ ,r��;;, nonprofit corporation in order that it may qualify
on Edgell Street in G t Y P rP Y q Y
pursuant to a pro
gram
"v
disabilities, ur p g as a nonprofit educational corporation
al dtsa rw under 3: We have n
for four adults with mental P P § e o
ould be taught �iiq, . authority to rewrite the statute to insert such a requirement.5
funded by the Commonwealth. The residents w
daily living, as well as vocational skills, with the goal of kt ° r l`,. Acceptance of the concept that the dominant or principal activ-
>F .'If.€
7.I.F
before 1.
hortl b �._
living. S t.i •. it f
for more independent g. Y _-; _ ,�, y o such a corporation must be educational would require
them P rP
preparing executed an Edgell Street resident wrote to the ., the investigation and assessment of detailed facts not readily
the lease wasy
building inspector questioning the proposed use of the propertyavailable to one
administering
stering local zo
ning regulations
and
,;�t .,,,r
use would 6 e
The building inspector answered that the proposed ;Y�,,I��, presumably that duty would be a continuing one. The proper
be exempt from the application of the Gardner zoning ordinance f lit , test in deciding whether a nonprofit corporation is an educa-
virtue of G. L. c. 40A, § 3. Numerous residents of the area
b s l ,
appealed the building inspectors decision to the board. The 1a Vtr
t he had advised 'There is no legislative history to support such a view. Indeed, at the
board received advice from the city solicitor thah " ..f1 ,;,time § 3 took its resent form in 1975 see St. 1975, c. 808, § 3), the
inspector that the city could not prohibit the pro- `,existence f c P
building Y Y. o he Commonwealth's policy f
the bu 1,r- o continuing deinstitutionali
g P ,. � ., P Y g zation
posed use.The board nevertheless reversed the building tnspec- •, `,of mental health patients suggests that there was no legislative intention to
tor's ruling in a decision that did not state the board's reasons „ `I increase the right of municipalities to restrict residential facilities for men-
' tally handicapped people. Surely under prior law (see G. L. c. 40A, § 2,
for its decision.° trg amended through St. 1959, c. 607, § 1) the use proposed in this case
ppdepartment ,t,evuld not have been regulated by local zoning provisions. See Fitchburg
On GAAMHA's appeal the intervened, and the
judge,concluding that education appeared to play a subordinate w ,,ltlous. Auth. v. Board of Zoning Appeals of Fitchburg, 380 Mass. 869
;.`.1980).
yl"1� 'if a nonprofit corporation once primarily m education and protected by
' 6 P rP P Y
'The board's decision recited certain views apparently expressed by its x Ul 1 Y) should increase its other authorized nonprofit activities so that they
the issue whether GAAMHA was a
chairman, none of which concerned I ,;t m
.1,:txecae primary, on the board's theory the corporation would lose its § 3
tcction.
non rofit.educational corporation. ;(Im
A,
401 Mass. 12 17
16 401 Mass. 12
s' a
Gardner-Athol Area Mental Health Association v.Zoning Board of Appeals of Gardner.
Gardner-Athol Area Mental Health Association v.Zoning Board of Appeals of Gardner. 9 _
tional one is^whether its articles of organization hermit it to LYNCH, J. (dissenting, with whom Nolan, J.,joins). While
t nt�,att.t in cduratitmal ilrlivities, a tlllestitrn easily answered ' t neitherG. L. c. 40A, nc:>t'G. L. C. 180,under which GAAMHA
;l t is incur posted, del'ines the term "nonprol'it educational corpo-
by a review of ducuu►euts filed with the State. ,.
There is no reason to find uncertainty in § 3, thus arguably
ration," "(i]t is not to be assumed that words in a statute have
justifying adding a requirement that the corporation's activities 1�i} ' no force or effect." Gillam v. Board of Health of Saugus, 327
�, �r�l-;.
be primarily in education. See Worcester County Christian ^ �' Mass. 621, 623 (1951). I agree with the court that, under the
Communications, Inc. v. Board of Appeals of Spencer, 22 stt+ ;, predecessor to § 3 (the former c. 40A, § 2, as amended through
87 (1986) ("all that is required is that they°s 1. St. 1959, c. 607, § 1, superseded.by St. 1975, c. 808, § 3),
Mass. Ape. Ct. 83, tproposed plaintiff be a nonprofit corporation intending to use its land or tP�l "the use in this case could not have been regulated
,structures for religious or educational purposes"). The word fi by local zoning provisions.�� Ante at 15 n.5. The difficulty is
educational in the phrase "nonprofit educational corporation" that the current § 3 requires not only that there be an "educa-
++
is not made superfluous by our construction of the statute. Not ; �`, tional purpose, as did the predecessor section, but also that
every word in a statute need carry a heavy load. It is enough the property be owned or leased by" a "nonprofit educational
"` co oration. In construing statutory language, we have stated,
to say that "educational" in the phrase "nonprofit educational l� rp g ry
�{ None of the words of a statute is to be regarded as superfluous,
corporation" means that the proposed educational activities t but each is to be given its ordinary meaning without overem-
must be within the corporate purposes of the nonprofit corpo " .,
ration. That this states the obvious — no corporation should s f� pI asizing its effect upon the other terms appearing in the statute,
act ultra vires — does not deprive the word "educational" of t so that the enactment considered as a whole shall constitute a
there is no warrant for h consistent and harmonious statutory provision capable of effec-
tuating meaning in § 3 as written. Thus, � k
f tuatin the resumed intention of the Legislature." Bolster v.
injecting the word "primarily" in § 3 for the asserted purpose g P g
of giving meaning to the word "educational" which it could ry, " '. Commissioner of Corps. & Taxation,, 319 Mass. 81, 84-85
'
(1946). A salient principle of statutory construction" is that
not otherwise have.
The judgment of the District Court is vacated. Judgment - ra:d the statutory language itself is the principal source of insight
shall be entered.reversing the decision of the board of appeals ;" �, ` " into the legislative purpose." Hoffman v. Howmedica, Inc.,
g f
and affirming the determination of the building inspector. First, 373 Mass. 32 37 (1977).
{� �� ,µ�.�'. The court concludes that the educational use exemption now
however, the issue whether GAAMHA and the department are , i�,
x r -i contained in G. L. c. 40A § 3
entitled to costs against the board must be decided. See G. L �. c merely requires that the owner
��
c. 40A, § 17, fourth par. (1986 ed.) (no costs are allowed `� � ;t ., or lessor be a nonprofit corporation permitted to engage in
against the board "unless it shall appear to the court that the F� ry a.educational activities. In my view, such an interpretation elimi-
board . . . in making the decision appealed from acted with yt��ct�5.pates the dual requirement that there be both an educational
I.gross negligence, in bad faith or with malice").-The judge , �1t' :purpose and an educational corporation. Thus it is contrary to
E¢u
deferred this question and, when he decided the case in favor :, � p the plain language of the statute and violative of the maxim
of the board on the merits, he concluded that he did not have rb that "no word in a statute should be considered superfluous."
to decide whether to award costs against the board. ti k'International Org. of Masters, Mates & Pilots, Atlantic &
"` r Gulf Maritime Region v. Woods Hole, Martha's Vineyard &
So ordered 1 Wantucket S.S. Auth., 392 Mass. 811, 813 (1984). If all the
tah<I Legislature had intended for there to be immunity from local
r r
,1and use regulations was that a nonprofit corporation be permit-
Y L
m' f► '�'u: f!,
18 �
401 Mass. 12 `
ass. 12
19
Gardner-Athol Area Mental Health Association r.Zoning Roard of A c;tls of Gardner. F�e�A,
f. PI r ,Ilr Gaidtter-Athol Area Mental Health Association v.ZoningBoard of
ib Appeals of Gardner.
y 1
ted to engage in educational activities no change in the statute Etl ,l' kings in the Gardner-Athol area encompass a wide spread of
ry r;
would have been necessary since, as the court concedes� the �ii .
3. ` s�:ia.l service endeavors in which education appears to play a
change of language would merelybe stating the obvious i.e. t �D �
b {subordinate rather than a predominant role."
that no corporation should act ultra vires. I agree with the trial t� , 1 would conclude that based on the record in this case it was
judge that the applicable language of G. L. c. 40A, § 3, re- it. ?'
� tf!, error for the judge to rule that GAAMHA was not an �
quires not only an educational use, but also that the owner or . .: �"
�� ucational corporation" for the purposes of G. L. c. 40A, s
lessor of the property in question be a "nonprofit educational
corporation" (emphasis added).
` "T' `' I, therefore, respectfully dissent.
P ( p ) r t 1-`W
We have "long recognized `education' as a 'broad and com-
prehensive term. Fitchburg Hous. Auth. v. Board of Zoning io.
Appeals of Fitchburg, 380 Mass. 869, 874 (1980), quoting I t
Mount Hermon Boys' School v. Gill, 145 Mass. 139, 146 k3 1t
(1887). However, while the term "education" may be broad
and comprehensive, it is not without restriction. See, e.g. i ` �A El. �j z
rdki ';
Wlfitinsvi//e /lelirenrerrt So(.'.v, Inc. v. Norrhbrid��c'. 394 Mass.
757, 760 ( 1985) (nursing home providing an "elcf']ent of edu-
"tiun" nut within ']'caning o1• term "educational purpose" as p gat ' 1
used in G. L. c. 40A, § 3); Kurz v. Board of Appeals of N.
Reading, 341 Mass. 110 (1960) (dancing school not an "edu-
cational use" for zoning purposes). We have also concluded _Ji '>' 1
that the reference in G. L. c. 40A, § 3, to"educational purpose" " *A ;
requires that the primary or dominant purpose of the proposedt. K ,
use be educational. Whitinsville Retirement Soc'y, supra at
760. Since the Legislature has used the term "educational" ; i'
twice in the same sentence in G. L. c. 40A, § 3 ("educational ' {i7 .
and "e
purpose" ducahonal corporation"), it should be giventhe same meaning in both contexts. See Building Inspector of "l Ir;r�
Mansfield v. Curvin, 22 Mass. App. Ct. 401, 403 (1986). � ix
Here the trial judge concluded that GAAMHA was "primar-
ily and predominantly a social service corporation, not an edu- ` .l is
cational corporation." The judge noted that GAAMHA's arti-
cles of organization provide in part that it is a nonprofit coro
ration formed to promote a program of mental health education,...,
The trial judge also reviewed the broad scope of activities r F 4 • i�+'
undu-laken by GAAMHA and concluded that "1iIts role as an .,
educator is actually ancillary to the broader purposes of its � ��*� � '.ar �.
charter and to the actual scope of its activities which wander
somewhat beyond the literal language of the charter. Its under',
BIANCHI AND PAQUIN s
ROBERT A. BIANCHI 1 ATTORNEYS AT LAW T 55 SEA STREET EXTENSION
THomAS C. PAQUIN
POST OFFICE BOX 128
MICHELE C. MORLEY
(ASSOCIATES) HYANNIS♦ MASSACHUSETTS 02601
TELEPHONE (508)775-0785
December 17, 1992
VIA HAND DELIVERY AND CERT!IFED MAIL
RETURN RECEIPT REQUESTED
Mr. Joseph Daluz, Building Commissioner/Inspector
Town of Barnstable
367 Main Street
Hyannis, MA 02601
RE: 122 Skating Rink Road, Hyannis, MA
Town Parcel Identification Number (Assessors R291 118-
Research F.N.D. Trust, K.W. Traywick, Trustee, Friends
of Prisoners, Inc.
Our File Number: 8353D
Dear Mr. Daluz:
I represent and am the attorney for John F. Cooper and
Bonnie M. Cooper. of 131 Skating Rink Road, Barnstable (Hyannis) ,
MA. Both of the above referenced properties are in the "RB"
Zoning District and Bylaws of the- Town of Barnstable. It is our
belief and position that' the property at 122 Skating Rink Road
referenced above is currently being used in a manner which
violates the Town of Barnstable Zoning Bylaws. The 122 Skating.
Rink Road property is currently being used' to house former
inmates of various Massachusetts correctional institutions. This
use is prohibited by the Bylaw. This use is not. permitted.
Pursuant to M.G.L.A. c. 40A, §7 as amended, I,k on behalf of
my clients, hereby request that you enforce the zoning ordinance
against the parties. I request a report of the action you take
on this matter and the reasons therefore within fourteen (14)
days.
Thank you for your anticipated cooperation.
Very Vanchi,
s,
Ro A. Esq.
RAB/bc
cc: Mr. John F. Cooper
Mrs. Bonnie M. Cooper
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ATTO R N EYS AT LAW
SS SEASTREET EXTENSION A
POST OFFICE BOX 128 �u rJJ
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Mr. Joseph Daluz, Building Commissioner/Inspector
Town of Barnstable Town Hall
367 Main Street
Hyannis, MA'. 02601
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•w The Town of Barnstable
`'` fAtl1T►/4i i Inspection Department
1619 367 Main Stt•eet, fiyannis, MA 02601
508-790-6227 Joseph D. 'DaLuz
Building Commissioner
� 3
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December 29, 1992
.iiitrr ►
Robert A. Bianchi, Esquire
Bianchi and Paquin
Attorneys at Law
Post ffice Box 12.8
Hyanni 02601
RE: Frien risonexs, Inc.
122 Skatin k Road, Hyannis
A=291-118
Dear Mr. Bianchi:
This letter is in response etter of December 17,
1992 requesting enforcement ad or what you perceive to
be a zoning violation at; 22 ca nk Road, Hyannis.
First, I should sta t I have me w r. Cooper and
one of his neighb s we discussed a g length the
issues involvin t residence that has a existence
since August , 88.
I have a p f the Articles of Organization fi the
Commonw under ,G.L. Ch. 180 , known as Friends o
Prison r Inc. dated August 22 , 1988 signed by the
Secr of State Michael J. Connelly. The purposes f r
wh' he Corporation is formed and for which it is operated
a ated in the Articles of Organization are exclusively
e cational and charitable. More specifically, Friends of
Prisoners, Inc. is a group founded by Christians associated
with the Cape Cod Council of Churches, who then and since,
desiring;: to aid Inmates who have made .a decision to live a
life free of crime, free of drug and/or alcohol abuse and
basically to. r.e-enter society and become productive members
thereof. The Organization is tax exempt under provisions of
Section 501 (c). ( 3 )' of . the Internal Revenue Code.
.c r,
a
Robert A. Bianchi, Esquire
December 29, 1992
Page 2.
In addition, the Friends of Prisoners are under agreement
with the Barnstable County Sheriff's Department to offer
various programs to assist the Sheriff's Department. The
County Commissioners voted to accept the proposal of the
various programs recommended by Sheriff DeMello to provide a
Transitional House Program.
Friends of Prisoners has been accepted as a Member Agency of
the United Way of Cape Cod, Inc. and does receive fund..
from the United Way.
w, here is a published brochure "FRIENDS OF PRISONERS HOUSE
AGREEMENT" containing a d ily schedule for participants.
Section Chapter 40 of M.G.L. as well as our Zoning
Ordinance prote edu ational uses in any zoning district.
Therefore, _ it is my opi,nio sed upon the material
/,AMC: furnished to my.. d artment that Wing violation does not
V exist and the us of the dwelling by Fr' s of Prisoners is
V� permitted as r erenced in Section 2-4-1 (2) the Town of
.. Barnstable Zo ing Ordinance.
S-Z ` tl Peace,
�
eph D. DaL z
Building Commissioner
JDD/gr
cc: Town Manager `
Assistant Town Manager
.Town Attorney
Chief Neil Nightingale, B.P.D.
Reverend. Thomas Shepherd
Certified mails P375 771 550 R.R.R.
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FROM THE DESK OF C
631176®RPP,Inc. {kr
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401 _.
/f,^ Friends of Prisoners, Inc.
671 tila;i, street
� — Harwich Port. MA 02646
Office: (508) 432 l787
r llmise: 778-2427
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J�ROGRA'M
Board of Directors :
March F.duPont Friends of Prisoners, Inc.,
Joseph A.Durbas
Margaret M.Everton
Nilai-garei E.i-faviland
Robert B.Nolan 6 • 0 0 WAKE _ UP
Clcrk
Thomas C.Shepherd 6: 30 HOUSE MEETING ` (breakfast)
President
Managing Direclor
Catherine R.Southworth 7: 15 Depart for mo-'17ning AA meeting.
t ,
Mary E.Stott
Thomas E.Stott : 30 Morning AA me: ting
Treasurer
JaymesH.Taylor 8: 30 Return to FOP house/ depart for work, etc.
Edith P.van Buren 9 : 0 0 —
John H.Williams Out of house for day; work, counseling, job search,etc.
3 : 00 -
3: 00 - 6: 00 House time;' chores, quiet time, in-house counseling.
6: 00 Suppertime (Tuesday, Thursday, Friday,Sunday)
7: 00 AA/NA meet n.gs ( _Inca.l )
10: 00 Return to house
t
11 : 00 Sun. thru Thu.. CURFEW
12 : 00 , Fri . and Sat. CURFEW
Residents, are required to attend morning meetings, and ( 3 ) out
of the four mealtimes .
Chores include but are not exclusive of room orderliness,
general house duties, and .yard work.
There are no over-night passes . Length of stay will be de-
termined by adherance to house program.
(3. No Iay%
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COUNTY of BARNSTABLE °f B'''��sa
PURCHASING DEPARTMENT o `er
Superior Court House �rA0
ADRIENNE K. HILL BARNSTABLE, MASSACHUSETTS 362-2511 Ext. 351
County Purchasing Agent 02630
November: 10 , 1992
Reverend Thomas C. Shepherd
Friends of Prisoners , Inc .
671 Main Street
Harwich Port, MA 02646
Dear Reverend Shepherd:
Requests for Proposals for services from providers who will
offer various programs to assist the Barnstable County Sheriff ' s
Department for .the. period July 1 , 1992 to January 1 , 1993 were
opened on .October 7,, 1992 .
The County Commissioners voted on November 10 , 1992 , upon
receipt of the recommendation of Sheriff John DeMello, to accept
your sole Proposal dated October 2 , 1992 'which met all
specifications to provide a Transitional House Program to the
Sheriff ' s Department..
Enclosed is an original and two copies of an Agreement .
Please execute all three, keep one for your files , and return the
other two to the County Commissioners office as soon as possible.
If you have any questions , please contact Sheriff DeMello at
(508) 362-2511, Ext. 543 .
Very truly yours ,
Adrienne K. Hill
Chief Procurement Officer
AKH/jb
Enc.
AGREEMENT
This agreement made the tenth day of November
in the year Nineteen Hundred and Ninety-Two by and between
Friends of Prisoners herein aftercall the"CONTRACTOR"and
the.County of Barnstable hereinfter called the "COUNTY".
WITNESSETH, that the Contractor and the County for the consideration hereinafter
named agree as follows:
ARTICLE 1. SCOPE OF WORK
The Contractor shall furnish all of the materials and/or services called for in the
specifications titled:
Request for Proposals for Services from Providers Who Will Offer
Various Programs .to Assist the Barnstable County Sheriff' s
Department - Transitional House
ARTICLE 2. TIME PERIOD
A. This contract is for the period July 1, 1992 to January 1, 1993
13. The work to be done under this-contract steal be completed by See "A" above
.ARTICLE 3. THE CONTRACT SUM
The County shall pay the contractor for the performance of the contract the sum of
A. See "B" below
B. Per unit prices submitted on bid/proposal/quote dated October .2 , 1992
t
,
ARTICLE 4. TIME OF PAYMENT
r
.The County shall pay the Contractor on original vouchers submitted to the County
Department for whom the goods and/or services are to be provided.
ARTICLE 5. THE CONTRACT DOCUMENTS
The Invitatation for Bid, Request for Proposals or Request for Quotes and Spec fica-
tions together with this Agreement, form the Contract, and they are as fully a part
of the Contract as if hereto attached or herein repeated and are incorporated herein
by reference. .
IN WITNESS WHEREOF the parties hereto have executed this Agreement,the day and
year first above written.
By:
COUNTY OF BARNSTABLE
BARNSTABLE COUNTY COMMISSIONERS
Friends of Prisoners, Inc.
ors.:✓ 6
67)'Main Street
Harwich Port.MA 02646 rg} P 1'i! cp '• "�
24
Joseph D. Da Luz
Town: of Barnstable.
Inspection Department
367 Main St.
Hyannis, MA 02601
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ro
December 16; 1992
Reverend Thomas Shepherd
Christ Church Episcopal
671 Main Street
Harwichport, MA 02646
RE: A=291-118
Skating Rink Road, Hyannis '
Dear Reverend Shepherd:
Thank you for your prompt response to my letter of
December 8th.
As of the above date this office has no information on
file re the agency of the Commonwealth of Massachusetts or
subdivision thereof sponsoring the "Friends of Prisoners
Inc. Please furnish this information as soon as possible.
Peace,
Joseph D. DaLuz
Building Commissioner
JDD/gr
cc: Assistant Town Manager
--► FORM CD 180 Rev.4-34.20\I-NRl—)?I � 1
Examiner, T4C (90mmanT je lt4 of �azoar4usette
Office of the Secretary of State
One Ashburton Place, Boston, MA 02108
Michael Joseph Connolly, Secretary
ARTICLES OF ORGANIZATION
(Under G.L. Ch. 1.80)
Incorporators
NAME RESIDENCE
Include given name in full in case of natural persons: in case of a corporation, give state of incorporation.
Thomas C. Shepherd 671 Main St. , Harwich Port, MA 02646
4 Robert B. Nolan P.O. Box 1093, 2 Morse Rd. , Sandwich, MA 02563
Thomas E. Stott 51 Kate' s Path, King' s Way, .Yarmouth Port
MA 02675
Jaymes H. Taylor 122 Skating Rink Rd. , Hyannis , MA 02601
i The above-named incorporator(s)do hereby associate (themselves) with the intention of forming a corporation under the
provisions of General.Laws, Chapter 180 and hereby state(s):
{ Friends of Prisoners , Inc.
1. The name by which the corporation shall be known is:
Name
Approved Friends of Prisoners , Inc.
2. The purposes for which the corporation'is formed is as follows:
The purposes for which the Corporation is formed and for which it is operated
are exclusively educational and .charitable. More specifically Friends of
Prisoners, Inc. is a group founded by Christians associated with the Cape
Cod Council of Churches, who then and since, desiring to aid Inmates who have
made a decision to live a life free of crime, free of drug and/or alcohol
abuse, now wishing further to promote the purposes wherefore the group was
+ ' originally .founded, forms this Corporation the purpose of which is to furnish
i , assistance, whether during or after incarceration , to such Inmates such that,
f with their .cooperation,. they may re-enter society and become whether for a
I ;; ,.,,first time, or again, productive members thereof and, therewith, to help such
Primates, either to .discover, or to recover a sense of their own intrinsic
i;ntegrity and self worth. ;
Cat �� t
13 ,
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a
7 a n
'' Note: If the space provided under any article or item on this Dorm is insut7icient,additions shall be set forth on separate 8 1/2 x I I
r ? sheets of paper leaving a left hand margin of at(east 1 inch for binding. Additions to more than one article may continued on a
single sheet so'long as each article requiring each such addition is cicarly.indicated.
r
3. If the corporation has more than one class of members, the designation of such chrsscs, the manner.of election or
appointment,the duration of membership and the qualification and rights,_including voting rights,of the.members of each
class, are as follows: -
Save .for those persons who may be voted to receive Honorary Membership, all .
other persons participate as General Members of the Corporation..
Gen`er'al Members of the Corporation are those who actively assist in the
performance of the functions of Friends of Prisoners ; Inc.
Honorary Members have no voting power and are not subject to payment of dues.
i
s
i
. I
*4. Other lawful provisions, if any, for the conduct and regulation of the business and affairs of the corporation, for its
volUntary',dissolution,or for limiting,defining,or regulating the powers of the corporation,or of its directors or members,
or of any class of members, are as follows'_
The Corporation, when exercising any of its powers shall not discriminate
against, or exclude from .its programs, otherwise qualified persons on the
grounds of; gender, sexual preference, race, religion, place of origin or age. i
Should,'circumstances later dictate dissolution of the Corporation, it shall
afterlpayrng; or making provision for. .payment of its debts and liabilities ,
dispose of any remaining assets to one or more organizations formed, for
ptr..po�els similar to its own and that are exempt from taxation under the I
pro,visil,onsiof. Section 501 (C) (3) of the Internal Revenue Code.
l
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i �
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*If therclare no provisions state "None".
ARTICLES OF ORGANIZATION PAGE 4A
4. : The Corporation shall have the following powers in furtherance of its corporate
: purposes:
(a) The Corporation shall have perpetual succession in its corporate name.
(b) The Corporation may sue and be sued.
(c) ...The Corporation may have a corporate seal which it may alter at pleasure.
(d) The Corporation may elect or appoint directors , officers, employees and
other agents, fix their compensation and define their duties and obligations.
(e) The Corporation may -purchase, receive, take by grant, gift, devise, bequest
or otherwise, lease, or otherwise acquire, own,hold, improve, employ, use and
,.otherwise deal in and with real or personal property, or any interest therein,
; wherever situated, in an unlimited amount.
(f) The Corporation may solicit and receive contributions from any and all sources
.; and may"receive and hold, in trust or otherwise, funds received by gift or
s
bequest.
�. (g) The Corporation is empowered, whether alone or with others, to engage in
jr;esearch, to promote. or disseminate .the results of this or other related
iresearch, whether by publication, lectures, displays, demonstrations, or other
rappropriate techniques; .to originate, or to participate with others,in the
} development, formulatioa.of procedures and processes whether pragmatic,
psychological or administrative in nature that advance the aims wherefore this
} Corporation is formed.
4
The Corporation is further empowered. to formulate and execute programs of
relevant instruction both within and without the confines of a correctional
institute, whether for the inmates and staff within, or for the general public
without, tending to further the Corporation's objectives.
i
(h) The Corporation may sell, convey, lease, exchange, transfer or otherwise
�: di`spose. of, or mortgage, pledge, encumber or create a security interest in,
tall or any of its property, or any interest therein, wherever situated.
(i) The Corporation may purchase, take,: receive, subscribe for, or otherwise
i acquire, own, hold, vote, employ, sell, lend, lease, exchange, transfer, or
I otherwise dispose of, mortgage, pledge, use and otherwise deal in and with,
i bonds and other obligations, shares, or other securities or interests issued
by others, whether engaged in�similar or different business ; governmental, or
1 -1 other activities.
t l (J), The Corporation may make contracts, give guarantees and incur liabilities,
borrow money at such rates of interest as the Corporation may determine, issue
t' 1 its notes, bonds and other obligations, and secure any of its obligations by
" f mortgage, pledge or encumbrance of, or security interest in, all or any of
} its property or any interest therein, wherever situated.
ARTICLES OF ORGANIZATION PAGE 4 B
(k) The Corporation may lend money-, invest and reinvest its funds, and take
and hold real and personal property as security for the payment of funds so
loaned or invested.
(l) 'The Corporation may do business, carry on its operations, and have offices
and exercise the powers granted by Massachusetts General Laws, Chapter 180; as
now in force or as hereafter amended, in any jurisdiction within or without the
United States, although the Corporation shall not be operated for the primary
Purpose of carrying on for profit a trade or business unrelated to its tax
exempt purposes.
1 ;(m) The Corporation may pay pensions,- establish and carry out pension, savings,
thrift and other retirement, incentive and benefit plans, trusts and provisions
. for any or all of its directors, officers and employees and for any or all of
the directors and officers, provided sufficient funds are available and
' distribution is not discriminatory.
(n) The Corporation may be an incorporator of other corporations of any type
or kind.
(o) The Corporation shall, to the extent legally permissable and only to
the extent that the status of the Corporation as an organization exempt
under Section 501(c) (3) of the Internal Revenue Code is not affected thereby,
indemnify each of its directors; officers, employees and other agents (includ-
ing persons who serve at its request as directors , officers , employees or
other agents of another organization in which it has an interest) against
} all liabilities and expenses, including amounts paid in satisfaction of
judgments, in compromise or. as fines and penalties, and counsel fees, reasonably
.:incurred by him in connection with the defense or disposition of any action,
i suit or other proceeding, whether civil' or criminal, in which he may be
. � involved,or with which he may be threatened, while in office or thereafter,
by reason of..his being or having been such a director, officer, employee
Pr agent, except with respect to any matter as to which he shall have been
adjudicated in. any proceeding not to have acted in good faith in the reasonable
� belief that his action was in the best interests of the Corporation; provided,
. however, that as to any matter disposed of by a compromise payment by such
1 - director, officer, employee or agent, pursuant to a consent decree or other-
`�/ wise; no indemnification either for said payment or for any other expenses
shall be provided unless such compromise shall be approved as in the best
interests of the Corporation, after notice that it involves such indemnifica-
1 tion: (a) by a disinterested majority of the directors then in office; or
.I (b) by a majority of the disinterested directors then in office, provided
I :that ,there has been obtained an opinion in wirting of independent legal
I Counsel. to the effect that such director, officer, employee or agent appears
1 =to'have acted in good faith in the reasonable belief that his action was in
the best interests of 'the Corporation; or (c) by a majority of the disinterested
1-members entitled to vote, voting as a single class. Expenses including counsel.
_ I Gfees, reasonably incurred by any such director, officer, trustee, employee
. lor agent in connection with the defense or disposition of any such action,
:suit or other proceeding may be paid from time to time by the. Corporation in.
' advance of the final disposition thereof upon receipt of an undertaking by
1 �` such individual to repay the amounts so paid to the Corporation if he shall be
1
adjudicated to be not entitled to indemnification under Massachusetts General
L�ws Chapter. 180, Section 6. The .right of indemnification hereby provided
7 �
ARTICLES OF ORGANIZATION PACE 4C
s.ha{ftJ of be exclusive of or affect any other rights to which any director, officer,
employee or agent may be entitled. Nothing contained herein shall affect any rights
to -indemnification to which corporate personnel may be entitled by contract or other-
wise 'under law. As used in this paragraph, the terms "directors"., "officer" ,
"employee" and "agent" include their respective heirs, executors and administrators ,
and art "interested" director is one against whom in such capacity the proceedings
in question or another proceeding on the same or similar grounds is then pending.
i
(p) No person shali be disqualified from holding any office by reason of any
interest. In the absence of fraud, any director , officer, or member of this
corporation individually, or any individual having any interest in any concern in
which any such directors , officers , members , or individuals have any interest , may
be a party to, or may be pecuniarily or otherwise interested in, any contract ,
transaction, or other act of this Corporation, and
(1) such contract , transaction, or act shall not be in any way invalidated
s or otherwise affected by that fact;
(2) no such director, officer, member, or individual shall be liable to
account to this Corporation for any profit or benefit realized thrOUi h
any such contract , transaction, or act; and
(3) any such director of this Corporation may be counted in determining
I i the existence of a quorum at. any meeting of the directors or of any
committee thereof which shall authorize any such contract, transaction,
or act , and may vote to authorize the same;
1
the` term "interest" including personal interest and interest as a director, officer,
stdce holder,. shareholder, trustee, member or beneficiary of any concern; the term
it, meaning any corporation, association, trust, partnership, firm, person,
or 'other entity other than this Corporation.
I '(q) 'No part of the, assets of the Corporation and no part of any net earnings
of Ithe� Corporation shall be divided among or inure to the benefit of any officer
or ;director of the Corporation or any private individual .or be a.)propriated for any
purposes other than, the purposes. of the Corporation as herein set forth; and no
substantial part of the activities of the Corporation shall be or include the
carrying on of propaganda or otherwise attempting to influence legislation or
participating in or intervening in (including the publishing or distributing of
sta;tements) ,. any political campaign on behalf of any candidate for public office.
It is`-intended that ' the Corporation shall be entitled to exemption from Federal
Inc ome" Tax under Section 501(c) (3) of the -Internal Revenue Code and shall not be
A private foundation under Section 509(a) of the Internal Revenue Code.
�(r) ' :Upon the .Liquidation or dissolution of the Corporation, after payment I
of,.1 of the liabilities of the Corporation or due provision therefor, all of the
asseths"of ' the 'corporation shall be disposed of to one or more organizations exempt
frgm;�'taxation under the provisions of Section 501(c) (3) of the Internal Revenue
�(s) The Corporation may have and exercise all powers necessary or convenient
toleff4ct :any :or al.l of the purposes for which the Corporation is formed; priwided
that �1 no "such. power shall be exercised in a manner inconsistent with Massachusetts
General_.Laws, Chapter 180 or any other chapter of the General Laws of the Common-
wealth� or,;Section. 501(c) (3) of the Internal Revenue Code.
..
(E) All references herein to the Internal Revenue Code shall be deemed to
refer, to the Internal Revenue Code, of 1954, as now in force or hereafter amended.
4
f
5. By-laws of the corporation have been duly adopted and the initial directors, president, treasurer and clerk or other
presiding, financial or recording officers whose names are set out below, have been duly elected. Yes.
6. The effective date oforganization oft lie corporation shall be the date of filing with the Secretary of the Commonwealth or
if later date is desired, specify date, (not more than 30 days after date of filing).
7. The following information shall not for any-purpose be treated as a permanent part of the Articles of Organization of the
corporation.
a. The post office address of the initial principal ulfice of the corporation in Massachusetts is:
671 Main Street
Harwich Port., MA 02646
b. The name,residence,and post office address of each of the initial directors and following officers of the corporation
are as follows:
{ NAME RESIDENCE POST OFFICE ADDRESS
ii
i l President: Thomas C. Shepherd- 15 Black Loch Drive same as residence
Harwich, MA 02645
Treasurer: Thomas Edward Stott 51 Kate' s Path, King' s Way same as residence
Yarmouth Port, MA 02675
Clerk: Robert B. Nolan, 2 Morse Road Post Office Box 1093
Sandwich, MA 02563 Sandwich, MA 02563
Prog. Dir. Jaymes H: Taylor 122 Skating Rink Rd. same as residence
Directors: (or officers having the powers of directors) Hyann i s ,' MA 02601
For .this information and listing see Supplementary' Sheet ''A" attached.—
E
c. The date initially adopted on which the corporation's fiscal year ends is:
31 December, each calendar year.
If"' d. The date initially fixed in the by-laws for the annual meeting of members of the corporation is:
•.
2nd Monday of March.,
f
e. The name and business address of the resident agent, if any, of the"corporation is: Friends of Pr i soners, I nc.
l 671 Main Street, Harwich Port , MA 02646
IN WITNESS WHEREOF, and under the penalties of perjury the INCORPORATOR(S) sign(s) these Articles of
i Organization this day of ,I9
I/We the.below signed INCORPORATORS do hereby certify under the pains and penalties of perjury that I/We have not
been convicted of any crimes relating to alcohol or gaming within the past ten years:I/We do hereby further certify that to the best
of my/our knowledge the above named principal officers have not been similarly convicted. If so convicted, explain.
J.
1 -
r.t,
•.. ........ . . . ... .. .. . . .. .. ... .. . . . .. . . . . .. . .. . .. ..... ... .... .. . . .. . ... .
3 � 4
Thomas C. Shepherd Robert B. Nolan
.... .. . .. . ........ . ......... ......... . . .. . .... ... . . .... . . . . . . . . .. . . . . . ... .... ... . .... . . . .. ... .
I
It i ...Th'omas E: . .Sfott. .............. ..... .. . . .. .. .. :.. .. .. .. .Jaymes H. Taylor.. .... . ... . . .. .. .... .
The sign, of each incor orator which is not a natural person must be b to individual who shall show the capacity ici1 in which he
g P P' Y I �,
facts and by signing shall represent under the penalties of perjury that he is duly authorized on its behalf to sign these Articles of
4
'Organization.
i
SUPPLEMENTAL SHEET "A''
DIRECTORS
NAME RESIDENCE POST OFFICE ADDRESS
Fiske` Adams 196 Cap'n Crosby Road Same as Residence
Centerville , MA 02632
Peter L. Brooks 195 Foster Road "
Brewster , MA 02631
Margaret M. Everton 58 Barnacle Road "
Yarmouth Port , MA 02675
Margaret. E. Haviland 9 Fox Run ,R. D. N1 ".
East Sandwich , MA 02537
Robert `B`. Nolan 2 Morse Road Post Office Box 1093
Sandwich , MA 02653 Sandwich , MA 02563
._l. -
Thomas 'C'. Shepherd 15 Black Loch Drive Same as Residence
j Harwich, MA 02645
! r
Catheri-n�e.Southworth Viking Drive P.O. Box 366
j +ii'I South Orleans , MA 02662 South Orleans , MA 02662
Maryj Stott 51 Kate' s. Path , King ' s Way Same as Residence
j � Yarmouth Port , MA . 02675
Thom as1E!. Stott 51 Kate' s Path , King' s Way
l Yarmouth. Port , MA 02675
i
Jaymes H. Taylor 122 Skating Rink Road "
Hyannis., MA 02601 ;
Edith van Buren Bay View Road "
Harwich .Port , MA 02646
f ;
John jH �W.il.li.ams 188 Long View Drive "
i � Centerville, MA 02632
, {
C AUG
THE COMMONWEALTH OF MASSACHUSETT S
sib
ARTICLES OF ORGANIZATION .
.rl
GENERAL LAWS, CHAPTER 180
I hereby certify that,upon an examination of the
within-written articles of organization,duly submitted
to me, it appears that the provisions of the General
Laws relative to the organization of corporations have
r i been complied with,and I hereby approve
and the filing fee in the amount of$30.00 having been
articles;
b been
paid, said articles a deemed..to have been filed with
4 ; me this Z.Z U.day of rv�-7" 19
Effective date
.01
MICHAEL JOSEPH CONNOLLY
Secretary of State
—TO BE.FILLED',IN BY CORPQRATION
l PHOTO COPY OF ARTICLES OF ORGANIZATION TO BE SENT
n
TO:
FRIENDS OF PR-ISONER:S; 1NC.
...... ....... .... . .... . . . .. .. . .
671 MAIN STREET•. ..•, .,._.. 3
.. ............. .... .. .... .. ..
i HARWI CH PORT MA 02646
i. :1 f f. ^ ......................... . .... .... t
I, Telephone... .508-432-.1787
n.
Filing Fee $30.00
- Copy Mailed
t. ytEl t' �4`doi T_�tax ni�sAi
!1 i
� 1 i
I FRIENDS OF PRISONERS, INC.
BY-LA14S
ARTICLE I: NAME: Friends of Prisoners, Inc.
ARTICLE II: PURPOSE - As set out in Item 2 of the Articles of Organization
namely , to furnish assistance, both during and after incarceration,
to inmates who have made a decision to live a life free of crime,
free of drug and alcohol abuse. The Corporation is to enable such
inmates , with their cooperation, to re-enter society and become i
whether for a first time, or again, productive members thereof and,
therewith, to help such inmates either to discover or to recover,
a sense of their own intrinsic integrity and self worth.
ARTICLE III: A. MEMBERSHIP - All persons who evidence an interest in, and
j commitment to, the aims and purposes of Friends of Prisoners, Inc.
as: described in Article II, above, are eligible for membership.
i
B. New members will be admitted upon receiving a favorable vote to
that effect on the part of a simple majority of the membership
during any regular meeting thereof.
C. A regular member may be expelled from the Corporation upon the
casting of a two-thirds (2/3rds) vote to that effect by the
membership during a meeting of the Corporation. The vote shall be
' taken by secret, written ballot. The member who is the subject of
� 1 such an expulsion action shall 'be given a minimum advance notice
thereof not` less than a customary number of days that elapse from
j one regularly scheduled meeting to the next. The member who is the
subject of such action shall be given an opportunity to address the
r meeting whereat such action is to take place and in advance of the
casting of the vote.
D. HONORARY MEMBERSHIP - May be granted to persons whose efforts ,
writings, personal sacrifices and example have been an effective
force for the rehabilitation of members of a prison population,
i and are thought to be sufficiently outstanding in this regard to
be worthy of such membership. Honorary Members have no voting
` powers and are not subject to payment of dues.
ARTICLE IV: A. BOARD OF DIRECTORS — Shall consist of twelve (12) members.
Initially, four of these members will be elected to serve a
one-year term; four others to serve a term of two years; and the
j } remaining four to serve a term of three years. Thereafter,
i
,) •�. Directors shall be elected to full three year terms in each case.
t w I t '
:r
ti i
B. Members of the Board of Directors are elected or reelected by
eight (8) members of the Board voting in the affirmative by secret
written ballot.
C. To effect its business, quorum of eig members of the Board
of Directors must be present a scheduled, or called,
for such purpose.
D. Three consecutive unexplained absences, failure to perform
duties, assigned or otherwise, that are customarily expected to
be performed are, without excluding possible others, grounds for
expulsion of a member of the Board of Directors. Such removal is
subject to two-thirds (2/3rds) approval to that effect on the part
of the Board of Directors. Voting in such instance is to be by
written, secret ballot mailed to each member of the Board of
Directors, enclosing therewith a stamped, return-addressed enve-
lope to facilitate its return for tally.
Any member of the Board of Directors who is the subject of such
removal action shall be given a minimum two weeks. advance notice
to appear before the Board and to address it on this subject
before the vote affecting expulsion is taken.
ARTICLE V: EXECUTIVE COMMITTEE - Shall consist of the President, Treasurer,
Clerk, and Program Director. The Executive Committee meets as
necessary to advise, or. to implement and interpret Board policies
as related to special situations arising between Board meetings.
The Executive Committee functions in an advisory capacity. It
does not make policy but it is at liberty to render its opin-
ion(s) to the membership as to what the members of the Executive
{. Committee, singly or together, consider the extent and meaning of
4 a policy, or .policies, to be, particularly in situations involving
ambigui.ty, or in others wherein reasonable people may reasonably
j ! reach differing and/or opposing opinions as to what a given policy
is or should be.
Although not binding on the membership, members are expected to
give serious consideration to the Executive Committee's rulings,
r interpretations- and decisions affecting policy and overall workings
it of the Corporation in situations such as those indicated, or as
suggested, above.
Av
i
t
FRIENDS OF PRISONERS
CONCEPT PAPER AND HISTORY
The Friends of Prisoners Program .has been i.n existence since November. 1982. It
was founded at the request of the chaplain of. the Barnstable County, Massachusetts,
House of. Correction for the purpose of housing ex-offenders upon their release, to
help them make the transition back into the community. Besides room and board pro-
vided at the Friends of Prisoners -house, the program assists ex-offenders in find-
ing permanent housing, employment, and various ..community services,, i .e. drug rehab-
ilitation programs, Alcoholics Anonymous, .etc..
The program primarily serves released inmates from Barnstable County, Massachusetts,
but is available 'to .ex-offenders .from any correctional facility.
Friends of Prisoners was founded by the Cape Cod Council .of Churches but. is.now a
non-profit 501 (c) (3) corporation,
As of January 1992, there are eight. (8) volunteer "Friends'!. 'To date the program
has assisted.:;' approximately 500 e�-offenders. Among the "Friends" there Is an
attorney, a social worker, a school teacher, and. a school psychol'ogist. ...A clinical
psychologist serves on our Board of. Directors.
The program is administered by The Rev. Thomas .Shepherd, (one- of the fouriders .of
the- program) Rector of Christ Church: Episcopal , Harwich Port, Massachusetts. The ,
volunteer "Friends" are from the various member . churches, of the Council .
The resident program director is a graduate of Howard University and the. Union
Theological Seminary, New York.
We believe this program is unique 'In 1-is philosophy and approach.
Prison inmates who need the help this program provides .ask for assistance before
their release.. One of the "Friends" is assigned and he/she visits his/her friend
in 'the House of Correction once a week. Needs .are determined and .an attempt is made
to establish a bond -- a friendsh.i.p that will -offer e,ncoura6ement and support long
after release. Qn the actual . release day,j.,,the ex-ioffeinder is met and taken to the
Friends of Prisoners house in Hyannis, to his employment or job' interview and to
whatever :.else is needed. Throughout the weeks .and months :that .follow, the '.'Friend"
As available for. help and support. `
It should be stated that while this program has a Christian origin, at no time is
there an attempt to directly. proselytize .the ex-offender. The program is open to.
ex-offenders of all. faiths and frequently. the men in the program..have no religious
affiliation.
There is no time limit to this program., As we believe the need will be constant, we
have permanently established the "Friends of Prisoners'
We believe our success rate is high enough to justify our existence. A clear
majority of those we help do not return to incarceration, as far as we know.
3
I ,
2.
The,-Friends of Prisoners provide direct, informational and referral services
and the program works in tangent with several community resources such as:
a.) The Salvations Army, b.) Center for Individual and Family Svcs. , Cape Cod
AIDS Council , d. ) .Community Action Committee, e. ) the Job Training Employment
Corps, and local Alcoholics Anonymous and Narcotics Anonymous groups. We make
ourselves available to, and cooperate with, the Barnstable County Sheriff' s
Association and the Sheriffs' Youth Ranch Association Project. Similarly, we
also provide assistance, upon application for same, to the Sheriffs ' In-Out
(Juvenile) Program, the Suicide. Prevention Program, serving to replace- posi-
tive concepts as opposed to those negative influences that have heretofore
arrested the individual prisoners personal and i.nter social development.
As .the name of our organization informs, our clients are primarily derived from
a prison poplulation, ranging in age, for the most part , from about 18 to 35
years of age, convicted of offenses involving drug and/or alcohol addiction,
with related offenses of assault and battery, theft , breaking and entering,
often committed to support the addiction in which they have ensnared themselves.
Domestic violence and charges of family non-support are often encountered. The
backgrounds of the individuals involved can, and do, range from those at ground
'zero to sometimes the privileged and even gifted. Drug and alcohol addiction is
an equal opportunity employer. It neither makes, asks, or respects any. distinction.
We cannot force, or make, an individual change. We do provide the means to make that
change possible. When, through the Grace of God, .realistic counseling, the proffer
of a disinterested but very real friendship, very often for the first time in the
client's life, the decision is made to change, for whatever reason, the benefits to
the individual , to his/her family, to the community, to the taxpayer, are enormous.
The Friends of Prisoners House accomodates up to six clients at a time, providing
support and shelter for as many as. fifty clients per year. Our President, Father
Thomas Shepherd, and our. House Director, The Reverend Jay Taylor, provide programs
Iand services for the prison population as well .as individual counseling. Barn-
stable County, geographically speaking, covers perhaps as much as ninety (90%)
percent of the Cape Cod Area and our "p.rison population reflects that fact accordingly.
Our organization makes no distinction with reference to services provided to our
clients on the basis of.-race, gender, sexual preference, country of origin, re-
ligious affiliation or lack. of any- such.
The income level of most of our clients is either non-existent (most of them are
eligible for appointment of counsel on the basis of indigency) or within the
poverty level . When possible, clients are asked to make a minimal contribution
to the program.
We beleive our effort to sustain -this special segment of the general population,
'that is hardly popular and so often overlooked, is a unique contribution to the.
overall benefit of the community and, again, certainly. to the special group we
serve.
April , 1992
}
j
4
ez)A a o Xe X zana aauels1ss'e
ul I P Included in these 27 are five new agencies which payroll deduction or cash,gift will provide hurri-
- papaou}uellodun aptnosd saiaua�ie asau,L were recently accepted by our Board of Directors. cane disaster relief to a family whose home has .
s ue s ue ade a l uo sataua�e
P i I P LI From the Aids Council of Cape Cod and the been severely damaged; and employment
aatnzas ueuznq LZ spunl poO adeO YMCA to the Martha's Vineyard Boys' and Girls' assistance for a young woman who is retarded —
Io fern pahufl aul leul nnoux no,f piQ Club, staff and hundreds of volunteers arepro- all right here on the Cape.
M put,isI put, viding professional and trained hands-on services Now, while you are thinking
' f� :�uapisag s
` ' . � '1 �:u li„ „ «<�,��, law�;j aria ipa(1 to vhilrlrf?n and add lts wherever and whenever about it, please complete your r
+� t. those services are needed most Pledge � r��7 ,r ,
eWmq a ry W
R nww auuva ti turq. i a d U �illd make as °1
' -Everyday Cape Cod c.orpoiaLe employees; ge.nexn,is n gift ns you can to the
retired executives, your friends and mine are UNITED WAY OF CAPE COD and
w . helping our neighbors, who are in need, so they mail it to the UWCC in Hyannis. + •
can lead happier, more independent lives.
o How does all this happen? It happens when �fip
Sincerely,
you and I understand that drug and alcohol
abuse, neglect and exploitation, and mental
v Q 6ulNas o��� illness can happen to all of us — and that when
they do, we need help!
SPOISi 00 a n And your generosity to the United Way NOW William S. Anthony
P paaw makes that help happen. Your weekly/monthly 1992-93 Campaign Chairman
000
p F
_ - _ �: about the United Wa.3T
United Way Services �
p
Does UWCC do anything for kids?
Eighteen of our member agencies provide programs and
services for young people: eight exclusively for kids and ten
iTEXUll nlea� Why do we need a United Wa ? for adults and kids.UWCC publishes and distributes
AN y Teen Yellow Pages, a resource directory for young people.
VolunceerProgra� It hears the voice and serves as the conscience of the Facts regarding employment, support services, recreation,
YELLOW �� v/ community by responding to its needs and problems. In a entertainment and transportation are included.
compassionate and efficient manner, it brings together
PAGES �1 � local agencies to work on human service problems and IS United Way
y of Cape Cod part of any other
;ee,� projects. For over 33 years, the United Way of Cape Cod United Way?
All The Stuff has provided UNITED caring to residents of the Cape and It is affiliated with United Way of America and gets
oc s�'��e�a You Need e , ,,,�.� .Islands. resource material and technical support from that body..
Sna,;, the ExPeof ACToN fill To Know After "Hurricane Bob" in August 1991, United Way of It is also affiliated with United Ways of Massachusetts
PART n Chairman, Cape Cod and the Edward Bangs Kelley and Elza Kelley and Eastern New England, receiving corporate funds that
wilham Ca Pa g 9 Foundation in Hyannis gave $10,000 each to agencies 1g92-g3 y g g are credited to contributors' home towns. United Way of
Lkdbwvvay that needed it. Cape Cod is an independent and autonomous entity.
of Cape Cod,Inc.
Why should I give money to Does UWCC get any federal money?
United Way of Cape Cod? Not for its own use. However, it does annually receive
Giving to the United Way of Cape Cod is the best way and distribute Federal Emergency Management Agency.
to ensure that 99% of every dollar received will stay right funds to be used by local agencies for federally declared .
here on Cape Cod to go where it is most needed. emergency food and shelter programs in Barnstable,
�J®�J�/J���]� ����J�J�j� �®�J l�J(���J� — I� It is the ONE agency that spreads its funds among a Dukes and Nantucket Counties.
�J Q�J�I'�l �J �J (J�J Q�J�j'�O �J variety of human service agencies in the area. Its decisions
�,�,..... are made through a citizen review process, in which local How can my contribution make a difference?
and experienced volunteers screen and evaluate agencies As well as other services, your contribution will help a
. - ✓ and their programs and activities. blind man to receive transcription services to Braille; it
will help to provide free legal assistance to a homeless
I + Al, Where can I find out what services young man; it will provide hurricane disaster relief to a
are available? family whose home has been severely damaged; it will
Easy! Call United Way of Cape Cod INFO-LINE provide compassionate and skilled counseling for those
. 1-800-462-8002 or 508-775-0464. Or, buy a copy of CON- who suffer from AIDS, drug and alcohol abuse and teen
NECTIONS, the directory listing over 200 nonprofit pregnancy.
✓ •- '" human service agencies-on the Cape and Islands. Staff Experienced volunteer community leaders and profes-
�' directs callers to the right agency. Hundreds of local sional staff are knowledgeable about local needs, they
( .f resources are available. monitor the 27 member agencies and make sure your
7 -► �r money is well spent.
Who makes policy decisions for UWCC?
{
The Board of Directors, numbering 27 members who Is there an opportunity for volunteer
are representative of the Cape's population and service with UWCC?
` geography, reviews and responds to current issues as Through its Retired Senior Volunteer Program, funded
they arise. The Board operates under bylaws, personnel through the state from federal funds, volunteers are
policies and other required documents. The financial matched with agencies needing help. UWCC provides
•? records are audited annually by a local CPA firm. space and other support for this growing program.
i
0
UNITED WAY OF CAPE COD, INC. SAMARITANS OF CAPE COD
48 Cam Street., Hyannis, MA 02601 a Box 65,Falmouth,MA 02541;548-8900;771-7770;255-1888;759-2828
775-47 s, 775-0464, 1-800-462 soot MEMBER AGENCIES � '` � � 24-hours, 7 days per week telephone befriending the
INFO-LINE (information/referral); fund raising/ alloca- ' F suicidal/despairing/lonely.
tions to human service agencies; RSVP (Retired Twenty-seven member agencies offer
Senior Volunteer Program). assistance to Cape and, Islands residents in the THE THORNE CLINIC*
ALZHEIMER'S DISEASE AND � � � following areas: health; :mental health counseling; sV.,: Box 989, Pocasset, MA 02559; 563-2262
A private, out-patient mental health clinic serving
RELATED DISORDERS `J physical/sexual/substance abuse;
children from the towns of Mash_ pee, Sandwich,
Box 953, 895 Mary Dunn Road, Barnstable, MA 02630; 775-5656 - E, ` physical/emotional/mental disability; €� �� Falmouth and Bourne.
Provides public information and supports family 1 youth/elderly/family programs;
caregivers. ' legal/consumer/veterans services. USO (UNITED SERVICES
ORGANIZATIONS)
AMERICAN RED CROSS
r 601 Indiana Ave., N.W.. Washington, D.C. 20004; 1-202-783-8121
286 South St., Hyannis, MA 02601; 775-1540 CAPE COD HUMAN SERVICES LOWER CAPE HUMAN SERVICES Services for social/emotional well-being of U.S.
CPR/First Aid/water safety instruction; blood services; . military community.
transportation to off-Cape hospitals; disaster 460 W. Main St., Hyannis, MA 02601; 775-1859; Orleans, 255-2490 COMMITTEE
assistance; military/family services. Comprehensive mental health/marital/child/family/ Old Tote Rd., Box 1787, Orleans, MA 02653; 255-2346 VINEYARD NURSING ASSOCIATION*
individual and group counseling;.substance abuse ser- Provides mental health services, including group/ Box 2568, Oak Bluffs, MA 02557; 506-693-6184; 1-800-244-6184
ASSOCIATION FOR RETARDED CITIZENS vices; special programs for pregnant teens; and f individual counseling for children/adults; residential Provides skilled nursing care, rehabilitation therapies
OF CAPE COD (ARC) employment assistance. and day social-vocational programs. and ancillary health care services to persons in Dukes
Thorne Building, Box 1070, 870 County Road, Count
Pocasset, MA 02559; 564-4000 CAPE COD LITERACY COUNCIL* MARTHA'S VINEYARD Y'
Provides advocacy, respite, information and referral, 2 Barnstable Road, Hyannis, MA 02601; 771-0211 BOYS & GIRLS CLUB, INC. VISITING NURSE ASSOCIATION '
educational/social/supported employment awareness/ Coordinates and provides resources to educate non- Box 654, Edgartown, MA 02539; 627-3303 OF CENTRAL AND OUTER CAPE- COD
independent living/neighbor volunteer programs. literate and marginally literate adults. Trains t. Supervised facility offering physical, educational, 434 Route 134, South Dennis, MA 02660; 394-2230;
volunteer tutors to teach and matches student to cultural, social, recreational programs for youths 1-800-631-3900 '
BIG BROTHERS/BIG SISTERS volunteer tutor, Capewide. across the Island.
Box 754, Hyannis, MA 02601; 1934 Falmouth Road, Centerville Skilled nursing and ancillary health care services pro-
771-5150; 428-4970; 255-9445 CONSUMER ASSISTANCE COUNCIL vided to individuals in their homes, 24 hours per day,
MSPCC (Massachusetts Society.for 7 days per week.
Provides unique one-on-one relationship between 76 Enterprise Road, Hyannis, MA 02601; 771-0700 Prevention of Cruelty to Children) -
children of single parents and matched adult friends. Consumer education and mediation by trained YMCA OF CAPE COD
volunteers to resolve consumer complaints. ! 206 Breeds Hill Rd., Hyannis, MA 02601; 1-800-272-9722
BOY SCOUTS OF AMERICA p i Comprehensive home-based mental health treatment Route 132, Box Y, West Barnstable, MA 02668; 362-6500
247 Willow Street, Yarmouth Port, MA 02675; 362-4322 FAMILY HEALTH OF CAPE COD to families/children who have been or are at risk of Parent/child values programs; daycare; aquatic
Moral/mental/physical fitness training; community One Elm St., Hyannis, MA 02601; 771-solo abuse, neglect and/or exploitation. programs for all age groups and special needs;
g Y y cardiovascular health programs; camping. .
needs programs (child abuse/illiteracy/substance Maternal/child health care for low income women, OUTER CAPE HEALTH SERVICES
abuse/employment). Boys, ages 6-21. including WIC, nutrition, family planning, and Harry Kemp Way, Box 613, Provincetown, MA 02657; 487-9395
CAPE COD AIDS COUNCIL pregnant/parenting teen programs. HIV/STD testing. Route 6, Box 1430, Wellfleet, MA 02667; 349-3131 *New Agency
592 Main St. Connection, Box 465, Hyannis, MA 02601; 778-5111 FRIENDS OF PRISONERS, INC.* Quality primary health care to all, regardless of ability
Direct services to persons affected by AIDS and HIV- 671 Main Street, Harwichport, MA 02646; 775-5073; 432-1787 to pay.
related disorders. Befriends inmates in Barnstable House of Correction a_
COD AND ISLANDS and provides transitional housing, training and sup-
CAPE3 Y
port to re-enter society upon release. �
SIGHT LOSS SERVICES, INC. C . 0
Box 414, 775D Main Street, West Dennis, MA 02670; 394-3904 GIRL SCOUTS, PLYMOUTH BAY COUNCIL United Way of Cape Cod •
140 Winthrop St., Box 711, Taunton, MA 02780; 1-800-242-0925 �Qn Serving the Cape and Islands
Peer counseling/emotional support; adaptive aids; LINE V
education/awareness; support groups; home Offers girls, 5-17, contemporary programs for develop- INFO— ® 48 Camp Street
independence; for visually impaired and families. ment of strong, positive self-image to prevent Hyannis, MA 02601
CAPE COD COUNCIL ON ALCOHOLISM substance/child abuse, suicide. 1-800-462-8002 (508) 775-4746 .
AND DRUG DEPENDENCE, INC., INDEPENDENCE HOUSE ACCESSIBLE BY TDD ❑ YeS, I want to help people in my community who really
60 Park Street, Suite 8A, Hyannis, MA 02601; 771-0132 22 Main Street, Hyannis, MA 02601; 771-6507 OR CALL 775-0464 need help by having my employer deduct:
Information/referral; coordination of services; Confidential services for battered women, their $ per pay period for pay periods
education/prevention programs re substance abuse; children and sexual assault survivors; emergency NEED HELP?
help for indigent/people of low income. shelter; counseling; legal aid; advocacy. for a total pledge of $
CAPE COD CHILD DEVELOPMENT LEGAL SERVICES FOR CAPE COD AND A Free ,
Telephone Service ❑ YeS, I want to help. Enclosed is my direct contribution for:
PROGRAM, INC.* ISLANDS to help you find the
83 Pearl Street, Hyannis, MA 02601; 775-6240; 428-4595 460 West Main St., Hyannis, MA 02601; 775-7020; 1-800-742-4107 help you need $ (Please make check payable to United Way)
Provides day care, Head Start and early intervention Free or low cost legal advice/representation in civil on Cape Cod. Please bill me for $ ❑ quarterly ❑ monthly.
programs to children of low income families; matters (housing/family law/gov't benefits/disability/ ,
Capewide, including the Islands and Wareham. homelessness/elderly law) to low income/elderly. Please detach and put in your wallet. SIGNATURE DATE
r
,.e Friends of Prisoners, Inc.
,,671 Main Street
— Harwich Port,'.MA. 02646
Office: (508) 432-1787
1 House: (508) 778-2427
December 29, 1992
N
To Whom It 'May Concern.
During the residents' stay at. Frends .of Prisoners
Board of Directors residents are tau ht ob ,ghuntin
g j g_ skill , budgeting,
March F.duPont nutrition_ al-' rocer shopping,
g y • inter-personal ;social
Joseph A.Durbas 'survival` skills along ,with; attitude, 'values, the
Margaret M.Everton sense of responsibility, self-reliance necessary to
Margaret E.Haviland live in- the main stream of society - drug free - as
RobertB.Nolan taxpaying .citizens leading 'successful lives. Aids
Clerk prevention and good hygiene is also' taught. The
Thomas C.Shepherd schedules of the residents are highly structured.
President Parenting skills are taught and help is available
Managing Director to budget for child-support payments once they are
Catherine R.Southworth ;emplo.yed. Mediation skills are taught to work out
Mary E.Stott any problems , one might have with an . employer.
Thomas E.Stott Exercising. is a daily component. Employment
Treasurer counseling- is provided by a licensed rehabilitation
JaymesH•Taylor therapist. - Educational videos are shown dealing
Program Director with addictions, causes ,and treatment. Classes in
Edith P.van Buren resume wri-ting are given. Cold job searches by
John H.Williams telephone,i. e. telephone skills in job search are -
provided. Along with the above group therapy is
held (3) times a week, one 'to one therapy is weekly,
treatment plans and goals -and motivation classes
are provided. G.E.D. preparation is 'also provided.
erald F. Fiore.
Program Director
w
OMMONVWEALTH-OF MASSACHUSETTS{�A'
AS 'A REHABILITAT NSEIDOR�
ALLIED MENTAL HEALTH
I ISSUES THIS LICENSE TO
GERALD F FIORE
i 383 CELANO RD
A
MARION MA 02738-0000
!' 172 1'2/31/93 16948 ��
COMMONWEALTH OF MASSACHUSETTS
0
e • e
IN SOCIAL WORK
AS A LICENSED SOCIAL WORKE
ISSUES THIS LICENSE TO
GERALD F FIORE
383 DELANO ROAD
MARION MA 02738-1210
301215 10/01/94 336998
' � e
lE
.Q.
t
3 '
Gerald F.Fioze -f
am:., n
Frienng Pr-' qn -
Position n f
1 .
Friends of Prisoners, Inc.
. 671'Main Street
Harwich Port, MA 02646
Office: (508) 432-1787
House: (508) 778-2427
FRIENDS OFF PRISONERS, EDUCATIONAL COMPONENT
STAFF 'AND VISITING THERAPISTS
Board of Directors Gerald F. ^Fiore;`,Pro gram Director, ";� •"• � •*
March F.duPont• •Licensed Social Worker/Rehabili.tatFon :Therapist
Commonwealth of ;Massachusetts
Joseph A.Durbas <
Margaret M.Everton Certified Alcohol/Drug Counselor
Margaret E.Haviland Commonwealth-of.Massachusetts '
Robert B.Nolan ' y `
Clerk Wayne Nisbey, House Manager/Counselor
Pressidentident Thomas Shepherd Certified Addiction Specialist Pending,
Managing Director American Academy of Addiction Specialists
Catherine R.Southworth .
Mary E.Stott
Thomas E.Stott Tom Donahue, Healthcare Consultant
Treasurer Criminal Justice
Jaymes H.Taylor
Program Director Bruce Espy, State Parol Officer .
Edith P.van Buren Commonwealth of Massachusetts ,
John H.Williams Joan Friel , Therapist
Federal Government
'Veterans Services
Jim Holland, MKM6aiati.on Therapist
Robin- McGrory, Therapist
`Plymouth County Sheriff' s ,Department
Tom Risker, Ph.D.
Federal Government
Veterans Services
Dick Turner, Motivation Therapist
G.E.D. Preparation
Karen Turner, R.N.
Medical/Health/Hygiene
Arthur Trundy, M. Ed.
Safe Harbor, Inc.
Relapse Prevention. Specialist
4
Cbrtgt Cburrb
-_ ►� _ (epigcopat
Harwich Port, Cape Cod Massachusetts 02646
Phone: (508) 432-1787 The Rev.Thomas C. Shepherd
Rector
December 11 , 1992
Joseph D. DaLuze
Building Commissioner
The Town of .Barnstable
Inspection Department
367 Main St.
Hyannis, MA 02601
Dear Mr. DaLuze:.
I am in receipt of your letter of December 8 in which you inquire about the
property at 124 Skating Rink Road.
Actually, I think you mean 122 Skating Rink Road currently rented by Friends
of Prisoners, Inc. of which I am the Executive Director.
I draw your attention to the enclosed first page of the Articles of Organization
of The Friends of Prinsoners, Inc. - Please note that part underlined in red.
Additionally, you should remember that we .do not own that property "but that we
rent through Craigville Realty and Martin Traywick.
Sincerely yours,
l '
Thomas C. Shepherd
Executive. Director
Friends of Prisoners , Inc.
TCS/mwh
enclosure
cc: Martin Traywick
FORM CD 180 Rev.4-84.20\1-809 221
Office of the Secretary of State
One'AshbU' rton Place, Boston, MA 02108
Michael Joseph Connolly, Secretary
ARTICLES OF ORGANIZATION
(Under G.L. Ch. 180)
Incorporators
NAME RESIDENCE
Include given name in full in case of natural persons; in case of a corporation, give state of incorporation.
Thomas C. Shepherd 671 Main St. , Harwich Port, MA 02646
Robert B. Nolan P.O. Box 1093, 2 Morse Rd. , Sandwich, MA 02563
Thomas E. Stott 51 Kate' s Path, King' s Way, Yarmouth Port
MA 02675
Jaymes H. Taylor 122 Skating Rink Rd. , Hyannis, MA 02601
The above-named incorporator(s) do hereby associate(themselves) with the intention of forming a corporation under the
provisions of General Laws, Chapter 180 and hereby state(s):
Friends of Prisoners, Inca ++��
1. The name by which the corporation shall be known is: EC3t7 a1r018
'me Friends of Prisoners, Inc.
.pproved
2. The purposes for which the corporation is formed is as follows:
The purposes for which the Corporation is formed and for which it is operated
are exclusively educational. and charitable. . More specifically Frien8s o
Prisoners, Inc. is a group f9unded by-777istians associated .with the Cape
Cod Council of Churches, who then and. since, .desiring to aid Inmates who have
made a decision to live a life free of crime, free of drug and/or alcohol
abuse, now wishing further to promote the purposes wherefore the group was
originally founded, forms this Corporation the purpose of which is to furnish
assistance, whether during or after incarceration, to such Inmates such that,
with their cooperation, they may re-enter society and become whether for a
first time, or again, productive members thereof and, therewith, to help such
Inmates either to discover, or to recover a sense of their own intrinsic
integrity and self worth.
C ❑
P ❑
M ❑
R.A. ❑
Note:If the space provided under any article or item on this form is insufficient.additions shall be set forth on separate 8 1/2 x I 1
-- sheets of paper leaving a left hand margin of at least I inch for binding. Additions to more than one article may be continued on a
'.C. single sheet so long as each article requiring each such addition is clearly indicated.
,A, . ; The Town of Barnstable
►l - Inspection Department
'�(�►• 367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
December 8, 1992
Reverend Thomas Shepherd
Christ Church Episcopal
671 Main Street
Harwichport, MA 02646
RE: 124 Skating Rink Road, Hyannis 'A= a 9 j_1 a
FRIENDS OF PRISONERS
Dear Reverend Shepherd: ,
This office is in receipt of inquiries re the use of
the dwelling located at 124 Skating Rink Road; Hyannis.
As of this date we have no information relative to the use
of the dwelling for living/educational purposes.
Please contact this office at your very earliest
convenience re the above matter.
ace,
Joseph D. DaLu
Building Commissioner
JDD/gr
TOWN OF BARNSTAgLE
BUILDING DEPARTMENT
i
COMPLAINT/INQUIRY REPORT
f.
ec, B
ssesso
Last Name
ORIGINATOR First Nam
Street
V lla e
�? State Z
Te e ho e: H me rl
Descri t Wo
COMPLAINT A
— INQUIRY44
' Requestor s
s; Signature
COMPLAINT Street LOCATION Address - --
INSPEC OFFICE use ONI,y
ACT Date
NTS O Ins
U
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FOLLOW-Up
ACTSON
4
—„ADDITIONAL,
INFO. ATTACHED
COPy,!DIST
1 RISUTIONr WHITE
DEPARTN
T PILE
PINK - INSPECTpYEL
xzsC1 (RET RN TO'.OFFIC INSPECTOR
W ECTOR
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f IfR291 W.
LOCIO124 SKATING RINK ROAD CTY]07 TVSJ 400 NY KEYj 199059
----MAILING ADDRESS------- F CA?1011 PCS]00 YRJOO PAREN!j 0
TRAYUICK, KAY W TRS MAQ AREAj62SC jV]SO5217 MTG]2008
SEAGULL RESEARCH FND TRUST SPIj SP2'j SP3.7
Flit BOX 216. UTI] U12j .39 SQ FTj 1392
W HYANNISPORT MA 02672 AYS]1974 Enjigm OBSj CONSTI
0000 LAND 25100 IMP 63700 OTHER
----LEGAL DESCRIPTION---- TRUE NYT 88800 REA CLASSIFIED
&AND i 25,100 ASD END 25100 ASD IMF 63700 ASD OTH
#SLDG(S)-CAPV-I 1 63,700 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE
WE 122 SKATING RINK RD NY TAX EXEMPT
QL LOT 3 CLK 7 L Diu I4034-H RESIDENT'L 88800 88900 88800
#RR 1493 0142 1405 0111 OPEN SPACE
WR SAINT CATHERINE AVE COMMERAL
INDUSTRCI IAL
EXEMPTIONS
SALE 10510 PRICEJ 115000 ORB JC10623S AFVj I
LAST ACTIVITYIOSII0187 PCRJY
��� 1 � S -3 i '] V
INS
The Town of Barnstable
Inspection Department
367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Leon Churchill, Assistant Town Manager
FROM: Joseph D. DaLuz, Building Commissioner914/ L
V
RE: A=291-118 124 Skating Rink Road, Hyannis
Friends of Prisoners
DATE: December 11, 1992
Attached is a copy of the letter from this office to the
Reverend Thomas Shepherd re the dwelling located at 124
Skating Rink Road, Hyannis. It is my understanding that the
Reverend Shepherd is the contact person for the dwelling.
As soon as I hear from him I will advise you of the
situation.
SPECIAL USE AND OCCUPANCY REQUIREMENTS
SECTION 630.0 AMUSEMENT PARKS
630.1 General: All buildings and structures used as part-of an amusement park
shall be subject to this code. This section specifically includes any building or
structure supporting a moving device. The jurisdiction of structures or buildings is
limited to the points of interface of the moving device and rails, said device is to be
controlled by Form B-11, (520 CMR 5.00) Rules and Regulations for the Safety,
Construction and Operation of Ferris Wheels, Carousels, Inclined Railways or
Similar Amusement Devices, filed'with the Secretary of.State.
SECTION 631.0 GROUP RESIDENCE
631.1 Definition: A group residence is a premise licensed by or operated by an
agency of the Commonwealth of Massachusetts or subdivision thereof,.as a special
residence for those who are capable of self-preservation in the following categories:
1. not more than twelve (12) unrelated persons between the ages of seven (7)
and fifteen (15) years of age inclusive ; or
2: not more than twenty-five (25) unrelated persons,sixteen (16)years of age
- or over, or
3. a combination of Category 1 and 2 above consisting of not more than
eighteen (18) unrelated persons over seven (7) years of age calculated at
the rate of two (2) such persons , or portion thereof, from Category 2
being equal to one (1) such person in Category 1 all in accordance with
Table 631.
Note:In determining the classification for use proposed ,.group residence shall
not be construed as being similar in any way to a multi-family dwelling,
two-family dwelling, boarding house,lodging house, dormitory, hotel, school ~
or institution of any land. For building code purposes, it shall be treated as
a single-family residential building.
780 CMR - Fifth Edition 6-59
SPECIAL USE AND OCCUPANCY REQUIREMENTS
SECTION 630.0 AMUSEMENT PARKS
630.1 General: All buildings and structures used as part of an amusement park
shall be subject to this code. This section specifically includes any building or
structure supporting a moving device. The jurisdiction:of structures or buildings is
limited to the points of interface of the moving device and rails, said device is to be
controlled by Form B-11, (520 CMR 5.00) Rules and Regulations for the Safety,
Construction and Operation of Ferris Wheels, Carousels, Inclined Railways or
Similar Amusement Devices, filed with the Secretary of State.
SECTION 631.0 GROUP RESIDENCE
631.1 Definition: A group residence is a premise licensed by or operated by an
agency of the Commonwealth of Massachusetts or subdivision thereof, as a special
residence for those who are capable of self-preservation in the following categories:
1. not more than twelve (12) unrelated persons between the ages of seveny(7)
and fifteen (15) years of age inclusive ; or
2. not more than twenty-five (25) unrelated persons,sixteen (16)years of age
or over, or
3. a combination of Category 1 and 2 above consisting of not more than
eighteen (18) unrelated persons over seven (7) years of age calculated at
the rate of two (2) such persons , or portion thereof, from Category 2
being equal to one (1) such person in Category 1 all in accordance with
Table 631.
Note:In determining the classification for proposed use,group residence shall
not be construed as being similar in any way to a multi-family dwelling,
two-family dwelling, boarding house, lodging house, dormitory, hotel, school
or institution of any kind. For building code purposes, it shall be treated as
a single-family residential building.
780 CMR - Fifth Edition
6-59
THE MASSACHUSETTS STATE BUILDING CODE
Table 631
Group Residence - Maximum Capacity, Combination of Categories
Category 1 12 11110 9 8 7 6 5 4 3 2 1 0
Category 2
9 rY 0 2 1 4 6 8 10 12 13 14 15 6 1 17 25
Maximum total 12 13L 15 16 17 18 18 18 18 18 18 25
residents
631.1.1 Special definitions: For the purpose of Section 631.0, the following terms
shall be defined exclusively for use with group residences:
Self preservation:Having the capability,both mentally and physically,to take action
to preserve one's own life. Specifically,to egress the building within two and one-half
2V2 minutes. (Reference '( ) (R inspection procedures in Sections 631.7 and 631.8.)
Egress:A continuous unobstructed path of travel from any space in a building to the -
open air outside at grade.
Principal means of egress: The primary choice of two (2) routes normally used by
occupants to enter or leave a building.
Escape route:To reduce the possibility of entrapment in the event that the principal
means of egress is blocked by fire or smoke, an escape route shall be available which
performs in accordance with Section 631.& In an existing building where a second
means of egress is physically impractical from above grade floors, any proven,
usable path to the open air outside at grade shall be deemed acceptable, including
but not limited to connecting doors, porches, windows within six (6) feet of grade,
ramps, fire escapes, balcony evacuation systems, etc.
Authorized inspectors: The state or local building official having jurisdiction and a
representative of the licensing or operating agency having jurisdiction.
Room: See definition of"Habitable space" and "Occupiable room" in Section 201.0.
631.2 Existing buildings: These regulations shall apply to existing dwelling units
which are to be converted to a group residence, notwithstanding Section 106.0.
631.2.1 Height limitations: Existing buildings, of Type 513 construction, greater
than two and one-half(2V2) stories, or thirty-five (35) feet in height may be allowed
to be used (as an exception to Table 501) as a group residence.
631.3 Plans and specifications: Plans shall be filed with the building official
having jurisdiction in accordance with Section 113.0 for any building to be
6-60 780 CMR - Fifth Edition
II
THE MASSACHUSETTS STATE BUILDING CODE
constructed or altered for use as, as, a group residence under Section 631.0. The
floor plans shall show all rooms, spaces, closets, doors, corridors, windows, stairs
and stairways, hazardous vertical openings and the location of all required fire
warning equipment and proposed fire suppression equipment.
631.4 Hazardous contents: Any contents which represent a fire hazard greater
than that which could be expected of ordinary household furnishings, shall not be
allowed. Storage shall not be allowed above the second floor.
631.4.1 Interior finish: Only Class I and Class H interior finish materials shall be
allowed in the principal means of egress. In refinishing any other area, material
having a Class III flame spread rating shall be allowed provided it does not decrease
the existing rating. The smoke contribution rating of any material shall not exceed
450 (see Section 904.0).
631.4.2 Exception: In existing buildings, the required flame spread or smoke
development classification of interior surfaces may be obtained by applying approved
fire retardant paints or solutions to existing interior surfaces having a higher flame
spread rating than permitted.
631.5 Egress: In existing buildings there shall be one (1) means of egress and one
(1) escape route serving each floor, remote as possible from each other and leading
to grade. The stairway between the first and second floors, if unenclosed, may
remain unenclosed to preserve functional and aesthetic requirements. In new
construction,two (2) means of egress are required in accordance with the One- and
Two-Family Dwelling Code, and stairways above the grade floor shall be enclosed
with one (1) hour fireresistive construction.
Exception:
1. Where the Group Residence is protected with a fire suppression system
according to NFiPA 13D or better only one means of egress shall be
required from floors above the grade floor in existing buildings and new
construction.
2. Where the Group Residence is protected with a fire suppression system
according to NFiPA 13D or better the enclosure of stairways is not
required.
631.6 Fire protection systems
631.6.1 Hazardous vertical openings: Openings to such spaces as laundry chutes,
dumbwaiters, heating plenums or combustible concealed spaces shall be
permanently blocked with one (1) hour construction, as regulated by the provisions
of Article 9.
780 CMR -.Fifth Edition
6-61
THE MASSACHUSETTS STATE BUILDING CODE
631.6.2 Automatic fire warning systems: An approved automatic fire warning
system shall be provided in accordance with Article 10.
631.7 Inspections: There shall be three (3) mandatory types of inspections as
described below. The results of such inspections shall be on file in the office of the
building official with copies sent to the licensing or operating agency on a prepared
checklist and signed by the authorized inspectors.
631.7.1 Temporary certificate: The building official shall perform plan review and
post-construction inspection to ensure that the building conforms to this code. He
shall issue a temporary certificate of occupancy effective for ninety (90) days only.
631.7.2 Final certificate: Before issuance of the final certificate of occupancy, the
authorized inspectors shall mutually conduct a test (see Section 631.8.1) to ensure
that the occupants are capable of self-preservation.Upon complete satisfaction of all
requirements, the building official shall then issue a permanent certificate of
occupancy. This test shall be conducted once a year in accordance with Section .
10&5.1 for purposes of recertifying both the building and the occupants.
631.8 Inspection procedure: The building and the occupants' capability of
self-preservation constitute a system of life safety which are unique for each building
and for each occupant in a group residence. Therefore, a simple direct test is
specified herein to determine the capability of the occupant and/or the suitability of
the building as a life safety system.
631.8.1 Direct test/fire drill: A fire drill shall be conducted as the direct test
required by Section 631.E The building official may require that he be present for
the fire drill, or may accept an affidavit signed by the residence manager citing the
names of the authorized inspectors present, the names of the occupants who
participated, the name(s) of any occupants who failed to egress the building within
two and one-half (2Vh) minutes, the date, time and place where said fire drill was
held. During the conduct of the drill,all staff personnel of the u gro p residence shall
isola
te themselves from the occupants. The authorized inspector(s), when present,
shall then cause to be blocked any one point in an egress route where the choice of
an alternate route is possible, to simulate a hazardous� condition, and the internal
arm system shall be activated
for two and one-half minutes.
631.8.2 Evaluation:Any occupant who fails to escape from the building and achieve
egress outside the building at ground level within the two and one-half
ne half 2'/z minute
period shall not be ( )permitted to remain living in the residence.
nce.
Note: The occupant or the building may be at fault therefore, the system has
failed to perform adequately to provide life safe
and i
safety s, consequently,
unacceptable for that,occupant q �'
6-62 780 CMR - Fifth Edition
SPECIAL USE AND OCCUPANCY REQUIREMENTS
i
631.8.3 Other tests: Other tests are not necessary and shall not be required by the
building official. It shall be the responsibility of the residence manager of the group
residence to provide immediate suitable accommodations elsewhere for any occupant
deemed unacceptable by the building official. Each occupant must be certified at
regular intervals but not less than every quarter at the group residence by. the.
licensing or operating agency. The building official may require an inspection at his
discretion when he feels that either the building or the occupant may not conform.
631.9 Certificate Of occupancy: Any certificate of occupancy issued for a building
intended to be used as a group residence, as defined in Section 631.1, shall become
invalid if the premises have not, been licensed or authorized by an agency of the
Commonwealth of Massachusetts within ninety (90) days of the date of issuance of
the certificate of occupancy.
SECTION 632.0 NURSING HOMES, REST HOMES, CHARITABLE HOMES
FOR THE AGED, CONVALESCENT HOMES AND HOSPITALS
632.1 New facilities: Buildings to be constructed or proposed for a change of
occupancy, to be used as nursing homes, rest homes charitable homes for the aged,
convalescent homes and hospitals (in Use Group I-2) shall meet the provisions of
NFWA 101 We Safety Code, as referenced in Appendix A and the applicable
Provisions of this code.
632.2 Construction requirements: Hospitals, nursing. homes, and convalescent
homes shall be built only of Type 1 construction, in accordance with Chapter 111,
Sections 51 and 71, of the Massachusetts General Laws, as amended.
SECTION 633.0 CHILD DAY CARE CENTERS
633.1 General: Child day care centers shall be subject to the applicable provisions
of this code and the special requirements of this section. Child day care centers
licensed by the Office for Children shall also be subject to compliance with the rules
and regulations of that authority.
633.2 Applicability; The locations of the child day care centers shall be governed
by the provisions of Section 633.0. Locations of the child day care centers shall not
be restricted by the limitations of Table 501 for E and/or I 2 use groups solely
because of the child day care center's use n
Section 3203.4 shall not a �'o P classification.The Provisions of
PPIy�child day care centers. In all buildings in which the
introduction of a child day care center char
ges the all portions of the building required for use by the child e carechild day care center pact
with Section 32033, 32034 32039, 3203.10, 3203.11 and 3204.6,center shall comply
780 CMR - Fifth Edition
6-63
y a
y0f TNI Tp�`
The Town of Barnstable
'"" e. ' Inspection Department
Opp 8610. ,e
U&I * 367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Leon Churchill, Assistant Town Manager
FROM: Joseph D. DaLuz, Building Commissioner
RE: A=291 118 Skating Rink Road
Friends of Prisoners
DATE: December 17, 1992
At my request the Reverend Thomas Shepherd did submit a copy
of the ARTICLES OR ORGANIZATION for the corporation .to be
known as Friends of Prisoners (copy attached) . The purpose
of the corporation� is outlined in paragraph 2.
Paragraph 2) of Section 2-4. 1 of the Town of Barnstable
Zoning Ordinance permits Educational use (public, sectarian,
religious, denominational) in all zoning districts in the
Town of Barnstable.
I have requested further information (copy attached) from
Reverend Shepherd to determine if the use of the dwelling
complies with the Town of Barnstable Zoning Ordinance and/or
the Commonwealth of Massachusetts State Building Code.
As of this date we have no information on file to determine
the validity of the alleged use of the dwelling. I have
requested further information (copy attached) from Reverend
Shepherd in order to make a determination.
f THE FRIENDS
THE DAILY SCHEDULE
OF
6:00 a.m. WAKE UP
6:30-7.15 Breakfast&House Meeting PRISONERS
7:30-8:30 AA Meeting for those not reporting
to work earlier "...when in prison you visited me..."
Matt. 25:36
9-3 p.m. Job Search;work;counseling;
Vocational Training;Education
(out of house)
3-6 p.m. Chores,yard work,quiet time,
relaxation
6:00 p.m. Evening Meal r.
7:30 p.m. AA or NA Meetings {
x
11 P.M. CURFEW(Sunday through Thursday)
k :<
is •
' r
THE FRIENDS
OF PRISONERS, INC.
CURFEW: Midnight Friday and Saturday
NO OVERNIGHT FURLOUGHS WHILE.IN
RESIDENCE EXCEPT FOR DOCUMENTED
EMERGENCIES AND PRIOR APPROVAL "`• :_
Xi
The Friends of Prisoners is a group founded by
Christians from the Cape Cod Council of
Churches to assist inmates-who have decided to
1 ' live a life free of crime, and abuse of drugs and
alcohol . .
If you have decided to do this,a member of House. This also means that you will NOT
this group will visit you in the House of DRINK OR USE DRUGS at any time while
Correction and will be your FRIEND. living at the Friends of Prisoners House.
Your FRIEND will pick you up the day you 2. Visitors are allowed only in the living
are released and give you a place to live in room,and kitchen of the house.
Hyannis. You will be living at the Friends of
Prisoners House. 3. You are expected to help with household
jobs,such as cleaning of the house or
Other things the FRIENDS WILL do for you grounds as directed by House-Chaplain-
are: Counselor.
—help you find a job as soon as you are
released. 4. You are expected to get a job as soon as
—help you locate AA or NA meetings and you get to the Friends of Prisoners House,
counseling.
5. Those who have no income will get the
Things the FRIENDS WILL NOT do are: first 3 weeks room and board free. After 3
—treat you for alcohol or drug addiction. weeks you are expected to pay-
-protect you from prosecution.
6. Your parole/probation officer,whichever
You will have a chaplain-counselor who lives applies,may be notified when you move out
in the house with you. If you would like to of the house. You are expected to notify the
rebuild your life on Cape Cod,and you need parole/probation and welfare offices when
a place to stay while you find work and get a you change your address.
place to live,the Friends of Prisoners House
is for you! 7. You are expected to observe the curfew
hour every night. QUIET TIME is between
To get started with the FRIENDS you must: 12:00 midnight until 6:00 in the morning.
This means there will be no radio,television,
1. Fill out an application. cooking,showers or doing laundry during
these hours.
2. Agree to the rules of the house.
8. If you do not follow this agreement the
Friends of Prisoners will put you OUT OF
THE HOUSE!
FRIENDS OF PRISONERS
HOUSE AGREEMENT 9. The Friends of Prisoners will not tolerate
• infractions of these rules. We are not a
1. No alcohol or drugs are to be used, "SAFE HOUSE."
bought,sold or distributed in the house or on
the grounds of the Friends of Prisoners
- r
N D Z
Ul
C 3
�D
`G {f
N C
BOARD OF DIRECTORS
O F
FRIENDS OF
• _ "n � THOMAS C. SHEPHERD, President � PRISONERS
A W 70 CDROBERT B. NOLAN, Clerk P
o m o i
o v .-n THOMAS E. STOTT, Treasurer
s Cl) M f Friends of Prisoners is a non-profit,transitional housing
..0 Om Z JAYMES H. TAYLOR, Program Director organization to help prison inmates break away from
g -0 o the negative influences of the past and to provide a
(D y m M OO MARCH F. DUPONT healthy environment for an improved life style.
z JOSEPH A. DURBAS
CD Z (n MARGARET M. EVERTON
Cr o to p
O Z m MARGARET E. HAVILAND
m -n n r
v
CATHERINE SOUTHWORTH
v, -4 z
sv n MARY F STnTT
z �
EDITH VAN BUREN
Z
m Q JOHN WILLIAMS
Z M CD
'
m Q
y
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Friends of Prisoners, Inc. -671 Main Street
Harwichport, MA 02646
GRAFIX BY JAYMES
WHAT WE DO WHY WE DO IT Before coming to live at our house he will have to
agree not to abuse drugs or alcohol,and he will have
We befriend inmates primarily at the Barnstable We befriend prisoners because: to agree that he will help keep the house clean. We
County House of Correction and other state, county will ask him to make a nominal contribution to our
and correctional institutions. • Some want to change their life direction program, after he is employed.
• We can be a positive, supporting influence "
t
'���� • We can show him a better life when he
is released
�e>
31 2
HOW WE DO IT
f '- Friends of Prisoners volunteers visit inmates each j
week to help them in small but important ways. l
During these visits the Friend listens and tries to learn
$b aboutthe needs of the newfriend-the prisoner. What During the time he stays in our house he will have
�`3 is learned may help upon release when the ex- support from his Friend as well as from our resident
UWEoffender is put in touch with job opportunities and chaplain/program director.
g counseling services he may need.
... ... . .....
While listening we learn that our friend may need a DO WE SUCCEED
place to live when he is released. We are prepared to
offer him temporary housing at our house in Hyannis, We believe we do. A clear majority of those we
Massachusetts. befriend do not return to the Barnstable County House
of Correction.
g& �' WE NEED YOUR HELP!
as g
Our resources are never enough to meet the need.
MMM
$ > �� ��� $ We constantly need volunteers to go visit and be-
e, �. sus �a �� s =aff���
friend. Perhaps you are such a person? A prisoner
� �tr °' �. �•���as � ��� a�� ��
g once admitted that he had only one "straight'friend.
ME If you volunteered he would have another "straight'
�R1 xltd �� friend.
We are always in need of financial support: Use the
enclosed form and return it to us with your donation.
&ag .
Please be as generous as you can.
n
_...,. sa...,. Aa
{
THE FRIENDS
THE DAILY SCHEDULE
OF
6:00 a.m. WAKE UP
6:30-7:15 Breakfast&House Meeting PRISONERS
7:30-8:30 AA Meeting for those not reporting
to work earlier "...when in prison you visited me..."
Matt. 2 5:3 6
9-3 p.m. Job Search;work;counseling;
Vocational Training;Education
(out of house)
3-6 p.m. Chores,yard work,quiet time,
relaxation
6:00 p.m. Evening Meal
7:30 .m. AA or NA Meetings
P #�
11 (Sunda P.M. CURFEW h Thursday)
Y through Y)
f r
THE FRIENDS V
OF PRISONERS INC. Ty,
CURFEW: Midnight Friday and Saturday
NO OVERNIGHT FURLOUGHS WHILE IN
RESIDENCE EXCEPT FOR DOCUMENTED
EMERGENCIES AND PRIOR APPROVAL
The Friends of Prisoners is a group founded by
Christians from the Cape Cod Council of
Churches to assist inmates who have decided to
live a life free of crime, and abuse of drugs and
alcohol . . .
If you have decided to do this,a member of House. This also means that you will NOT
this group will visit you in the House of DRINK OR USE DRUGS at any time while
Correction and will be your FRIEND. living at the Friends of Prisoners House.
Your FRIEND will pick you up the day you 2. Visitors.are allowed only in the living
are released and give you a place to live in room,and kitchen of the house.
Hyannis. You will be living at the Friends of
Prisoners House. 3. You are expected to help with household
jobs,such as cleaning of the house or
Other things the FRIENDS WILL do for you grounds as directed by House-Chaplain-
are: Counselor.
—help you find a job as soon as you are
released. 4. You are expected to get a job as soon as
—help you locate AA or NA meetings and you get to the Friends of Prisoners House,
counseling.
5. Those who have no income will get the
Things the FRIENDS WILL NOT do are: first 3 weeks room and board free. After 3
—treat you for alcohol or drug addiction. weeks you are expected to pay.
—protect you from prosecution.
6. Your parole/probation officer,whichever
You will have a chaplain-counselor who lives applies,may be notified when you move out
in the house with you. If you would like to of the house. You are expected to notify the
rebuild your life on Cape Cod,and you need parole/probation and welfare offices when
a place to stay while you find work and get a you change your address.
place to live,the Friends of Prisoners House
is for you! 7. You are expected to observe the curfew
hour every night. QUIET TIME is between
To get started with the FRIENDS you must: 12:00 midnight until 6:00 in the morning.
This means there will be no radio,television,
1. Fill out an application. cooking,showers or doing laundry during
these hours.
2. Agree to the rules of the house.
8. If you do not follow this agreement the
Friends of Prisoners will put you OUT OF
THE HOUSE!
FRIENDS OF PRISONERS
HOUSE AGREEMENT 9. The Friends of Prisoners will not tolerate
infractions of these rules. We are not a
1. No alcohol or drugs are to be used, "SAFE HOUSE."
bought,sold or distributed in the house or on
the grounds of the Friends of Prisoners
t )AUfTAtLt ; The Town of Barnstable
Inspection Department
367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
December 30, 1992
Robert A. Bianchi, Esquire
Bianchi and Paquin
Attorneys at Law
Post Office Box 128
Hyannis, MA 02601
RE: Friends of Prisoners, .Inc.
122 Skating Rink Road, Hyannis
A=291-118
Dear Mr. Bianchi:
This letter is in response to your letter of December 17 ,
1992 requesting enforcement action for what you perceive to
be a zoning violation at 122 Skating Rink Road, Hyannis.
First, I should state that I have met with Mr. Cooper and
one of his neighbors and we disctssed at great length the
issues involving this residence that has been in existence
since August 22, 1988 .
I have a copy of the Articles of Organization filed with the
Commonwealth under G.L. Ch. 180, known as Friends of
Prisoners, Inc. dated August 22 , 1988 signed by the
Secretary of State Michael J. Connelly. The purposes for
which the Corporation is formed and for which it is operated
as stated in the Articles of Organization are exclusively
educational and charitable. More specifically Friends of
Prisoners, Inc. is a group founded by Christians associated
with the Cape Cod Council of Churches, who then and since,
desiring,to aid Inmates who have made a decision to live a
life free of crime, free of drug and/or alcohol abuse and
basically. to re-enter society and become productive members
thereof. The Organization is tax exempt under provisions of
Section 501 (c) (3 ) of the Internal Revenue .Code.
i
Robert A. Bianchi, Esquire
December 30, 1992
Page 2.
In addition, the Friends of Prisoners are under agreement
with the Barnstable County Sheriff 's Department to offer -
various programs to assist the Sheriff 's Department. The
County Commissioners voted to accept the proposal of the
various programs recommended by Sheriff DeMello to provide a
Transitional House Program.
Friends of Prisoners has been accepted as a Member Agency of
the United Way of Cape Cod, Inc. and does receive funding
from the United Way.
The fact that the residents are here to be rehabilitated to
re-enter society does not negate its educational purpose as
I review the programs. Dr. Gerald Fiore is director of the
clinical staff. Dr. Fiore is licensed by the Commonwealth
of Massachusetts as a Rehabilitation Counselor, Alcohol/Drug
Counselor and also directs Mediation Resolution. Employment
counseling is given-.at the site - job searches via telephone
(known. as cold job research) , resume writing and job
hunting. Parenting skills are taught and help is available
to budget for child support once they are employed. Dr.
Fiore shows educational videos on addiction causes and
treatment. He conducts group therapy, one to one therapy
weekly, treatment plans,,. sets ,goals and conducts motivation
classes.. These programs, I am told, are conducted on the
premises. Dr. Fiore has. a professional staff of. therapists
to assist him., in the .daily . routine of rehabilitation.
Wayne Nisbey is the House Manager and in addition to his
regular duties he assists Dr. Fiore with his. programs.
Section 3 of Chapter 40A of the M.G.L. requires that there
be an "educational purpose" and that the dwelling be owned
or leased by- a._ non-profit educational corporation. Section
2-4-1 (2 ) of the Town of Barnstable Zoning Ordinance has
incorporated this language.
f
Robert A. Bianchi, Esquire
December 30, 1992
Page 3.
It is therefore my opinion, based upon the language in
Section 3 of Chapter 40A and our Zoning Ordinance, the
purpose stated in the Articles of Organization (Chapter 180
M.G.L. ) and the material .and information furnished me, that
a zoning violation does not exist at 122 Skating Rink Road,
Hyannis.
Peace,
sZn aL
uz
Building Commissioner
JDD/gr
cc: Town Manager
Assistant Town Manager
Town Attorney
Chief Neil Nightingale/B.P.D.
Reverend Thomas Shepherd
Certified mail: P 375 771 .531 R.R.R.
SENDER:
m • Complete items 1 and/or 2 for additional services. 1 also wish to receive the
H • Complete items 3,and 4a&b. following services (for an extra Gi
H • Print your name and address on the reverse of this form so that we can V
fee)'
41 return this card to you.
mAttach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N
does not permit.
r
t Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery
«� The Return Receipt will show to whom the article was delivered and the date 4)
c calrvered. Consult postmaster for fee. tv
3. Article Addressed to: 4a. Article Number
Robert A. Bianchi, Esquire P 375 771 531
E Bianchi and Paquin 4b. Service Type
o IT ❑ Registered [I Insured
V P.O. Box 128`— of
Certified ❑ COD E
y L'tl"Hyannis, MA 02601 y
4 El Express Mail ❑ Return Receipt for 2
MBF se
7. Date of Delivery 4^s " 0 4-
Cr 5. Signature IA dresseel 8. Addressee's Address(C�i ly'iuredfi sted Y
and fee is paid►:-
LU
' Ci s
C 6. u." ��`ty�;��/�•k..
o
y PS Form 38 1, December 1991 fr U.S.G.P.O.:1992-307-530 DOMES IC RETURN RECEIPT
I
I UNITED STATES POSTAL SERVICE
Official Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT '
OF POSTAGE,$300 �~
I
Print your name, address and ZIP Code here
Mr. Joseph D. DALuz, Bldg. Commissioner
TOWN OF BARNSTABLE
367 Main Street '
Hyannis, MA 02601
P +375 771 531
Receipt for
Certified Mail
e No Insurance Coverage Provided
� DSTATES Do not use for International Mail
MSTALSERVICE
(See Reverse)
Se to '
rkobert A. ppBianchi, Esq.
Str �06 l�guin
P.O. ,��dyannis MA 02601
Postage $ '
Certified Fee
Special Delivery Fee
Restricted Delivery Fee •'
Return Receipt Showing -
p� to Whom&Date Delivered -
~ Return Receipt Showing to Whom,
C Date,and Addressee's Address
TOTAL Postage
C &Fees
0 Postmark or Date
M -
E
0
LL ,
Cn
a
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front).
y'1. If you want this receipt postmarked,stick the gummed stub to the right of the return address �
leaving the receipt attached and present the article at a post office service window or hand it to
your rural carrier(no extra charge). )
Ic
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return
address of the article,date,detach and retain the receipt,and mail the article. c rn
3. If you want a return receipt,write the certified mail number and your name and address on a c
return receipt card,Form 3811,and attach it to the front of the article by means of the gummed
ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number. O
O
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M
endorse RESTRICTED DELIVERY on the front of the article. E'
0
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL
return receipt is requested,check the applicable blocks in item 1 of Form 3811. N
a
6. Save this receipt and present it if you make inquiry. 105603-92-a-0226
The Town of Barnstable
+u ` Inspection Department
� a �
00, i6 gyp. ,v
'� ►+`� 367 Main Street, Hyannis, MA 02601
508-790-6227
Joseph D. DaLuz
Building Commissioner
December 30, 1992
Robert A. Bianchi, Esquire
Bianchi and Paquin
Attorneys at Law
Past Office Box 128
Hyannis, MA 02601
RE: Friends of Prisoners, Inc.
12.2 Skating Rink Road, Hyannis
A=291-118
Dear Mr. Bianchi:
This letter is in response to your letter of December 17,
1992 requesting enforcement action for what you perceive to
be a zoning violation at 122 Skating Rink Road, Hyannis.
First, I should state that I have met' with Mr' Cooper and
one of his neighbors and we discussed at great length the
issues involving this residence that has been in existence
since August 22 , 1988,
I have a copy of the Articles of Organization filed w!46�e
Commonwealth under G.L. Ch. 180, known as Friends of
Prisoners, Inc. dated August 22, 1988 signed by the
Secretary .of State Michael J. Connelly. The purposes for
which the Corporation is formed and for which it is operated
as stated in the Articles of Organization are exclusively
educational and charitable. More specifically Friends of
Prisoners, Inc. is a group founded by Christians associated
with the Cape Cod ,Council of Churches, who then and since,
desiring to aid Inmates who have made a decision to live a
life free of crime, free of drug and/or alcohol abuse and
basically-to re-enter society and become productive members
thereof. The Organization is tax exempt under provisions of
Section 501 (c) ' ( 3 ) of the Internal Revenue .Code.
Robert A. Bianchi, Esquire
December 30, 1992
Page 2 .
In addition, the Friends of Prisoners are under agreement
with the Barnstable County Sheriff 's Department to offer_
various programs to assist the -Sheriff 's Department. The
County Commissioners voted to accept the proposal of the
various programs recommended by Sheriff DeMello to provide a
Transitional House Program.
Friends of Prisoners has been accepted as a Member Agency of
the United Way of Cape Cod, Inc. and does receive funding
from the United Way.
The fact that the residents are here to be rehabilitated to
re-enter society does not negate its educational purpose as
I review the programs. Dr. Gerald Fiore is director of the
clinical staff. Dr. Fiore is licensed by the Commonwealth
of Massachusetts as a Rehabilitation Counselor, Alcohol/Drug
Counselor and also directs Mediation Resolution. Employment
counseling . is given at the site - job searches via telee
(known as cold job research) , resume writing and job
hunting. Parenting skills are taught and help is available
to budget for child support once they are employed. Dr.
Fiore shows educational videos on addiction causes and
treatment. He conducts group ,thefapy, one to one therapy
weekly, treatment plans, . sets goals and conducts motivation
classes. These programs, I am told, are conducted on the
premises. Dr. Fiore has a professional staff .. of therapists
to assist .him in the . daily _routine of rehabilitation.
Wayne Nisbey is the House Manager and in addition to his
regular duties.. he assists Dr. Fiore with his programs.
Section 3 of Chapter 40A of the M.G.L. requires that .there
be an "educational purpose" and that the dwelling be owned
or leased by a non-profit educational corporation. Section
2-4-1 (2 ) ., of the Town of Barnstable Zoning: Ordinance has
incorporated this, l,anguage.
Robert A. Bianchi, Esquire
December 30, 1992
Page 3.
It is therefore my opinion, based upon the language in
Section 3 of Chapter 40A and our Zoning Ordinance, the
purpose stated in the Articles of Organization (Chapter 180
M.G.L. ) and the material and information furnished me, that
a zoning violation does not exist at 122 Skating Rink Road,
Hyannis.
Peace, ,;
seph D. DaLuz
Building Commissioner
JDD/gr
cc: Town Manager
Assistant Town Manager
Town Attorney
Chief Neil Nightingale/B.P.D.
Reverend Thomas Shepherd-
Certified mail: P 375 771 ,531 R.R..R.,.
Q*TMf>o TOWN OF BARNSTABLE N/A
� Permit No. ......:.........
BUILDING DEPARTMENT
n3
t """ TOWN OFFICE BUILDING Cash
,67y j
'>e 39.. HYANNIS,MASS.02601 Bond ................
T E M P O R A R Y
CERTIFICATE OF USE AND OCCUPANCY
Issued to THE KENNEDY—DONOVAN CENTER, INC. (On site program director:
Steve Carreiro)
Address 122 Skating Rink Road, Hyannis
USE GROUP FIRE GRADING OCCUPANCY LOAD
THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL
SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN
REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE
BUILDING CODE.
May 5 19...:94......... /..
...........e .. ....
Building Inspector
TOWN OF BARNSTABLE N/A
PermitNo. ................
BUILDING DEPARTMENT
TOWN OFFICE BUILDING Cash
' 67C•
►,�o uY HYANNIS,MASS.02601 Bond ................
r T E M F O R A R Y
y, CERTIFICATE OF USE AND OCCUPANCY
q t
Issued to THE KENNEDY-DONOVAN CENTER, INC. (On site program director:
* 'Address 122 Skating Rink Road, Hyannis Steve Carreiro)
� I
USE GROUP FIRE GRADING OCCUPANCY LOAD,
THIS PERMIT WILL NOT BE VALID, ,AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL
SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN
REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE
BUILDING CODE.
May 5 19....9...........
Building Inspector
dLc �3h
ITRqamf TO BE P 7P IDf'AL SJ]I �
7 _ AS Pam' OF THE PM= P
1. vendor Name -rho- ) Gnnedq- Cbnouan Cr Inc
2. Vendor Address AW -g+ 13'I So De n n ka O �; 0
3. vendor Telephone 3��1p U I
4. vendor Festive Director H(.tCc30h
(or person with administrative responsibility)
5. Address of Group Dwelling Unit R I n n I S
6. Telephone at Group O.ael.ling Unit �l
7. Nacre of Group Nelling Unit Program Director CQrre f,t-D
(on site)
8. Number of Residents to be Served at Grp N el l ing Unit
(maY..jmLm m=bL-r)
p, Goupliaroe Category for Wnich Certification is Beira Sought: �A� B - C
(Cixtrle One)
lo. dance option for Whic-h Certification is Being Sax;ht (within category
selected above.) ,.
1 1 CeY"t .f ication, is Beim Soo xtit/ ILor 11 Ml3iti6n,',.l Gib Dwe Lli ng YES rav
Units Within the Same aii1aing.
If. yes, state address
12. Limnse r of Ou-is v^t M SLpervisor (if applicable)
NTH: Reapplication is reruired if a more restrictive Camliarx--e Category is
new aty clue toaz in client classification.
N= A building permit may be required.
AMU The Commonwealth of Massachusetts
Executive Office of Health & Human Services
Department of Mental Retardation
160 North Washington Street
Boston, MA 02114
Philip Campbell Area Code(617)
Commissioner 727,111,
Off.
Date
A F F I D A V I T
To W May It Whom Concern:
h y
I hereby certify that the residential program at _&�3�� ,
operated by )(t n e .,
meets or exceeds all requirements stated in either
jz<04 CMR 22.55 - 22.58 (Staffed Apartment) ; OR
104 CMR 22.80 - 22.84 (Limited Group Residence)
pertaining to smoking regulations, staffing ratios, resident classifications and
resident restrictions (if any) by floor. Resident classifications have been con-
firmed through afire drill in accordance with the procedures outlined in either
_ 780 CMR 638 (Staffed Apartment) ; OR
780 CMR 636 (Limited Group Residence)
A license will be issued to this program in accordance with Department of Mental
Retardation protocols.
censor
r ommunity Service Center -
I��
iN '� EE Pi�X ,' T[Y'laT. 7II T171� cryic aAis
AS F9TI' OFQ .
1. Vendor Name Kennedy-Donovan Center,Inc.
2. Vendor Address 1 Commercial Street Foxboro Ma 02035
3. Vendor Tej e W 543-2542
4. Vendor Executive Director Paul J. Hudson
(or person with administrative responsibility)
5. Address of Q� �ellis� Unit 53 Park Way ---
6. Telephone W at Group Dwelling
Unit 778-0891
7. Nam of Group D4e.11ing Unit Program Director Valarie T. Dorsey-Oresto
(on site.)
8. Number of Residents to be Served at Group D;aelling Unit 4
(may,inum numbs-r)
9. Cmpl arx-e Catea,=y for g-dch Cew-tification is Being Sough. A C B: C
(circle one)
1o. Comoliazre Option for hadch Certification is Beim Sa ght (within category
saluted abcr e) -
11. cex�U,. icztion is Bei.* 5. F ''t o- .l G .r' ? llirzg h1�
4 iOi
Units within the Sarre Sa Udirc.
I` ye_c, st-.ate address
12. Iii CeI LSe 1 of C3x js,�-�i c� Su xv .sor (if applicable)
NEE: Reapplication is required if a more restrictive Compliance Category is
necessary due.to un,-U� in client classification.
A building permit- may be regu i re`i.
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
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C'Tammanfve-A4 of 'ffittssar4usett$
TOWN OF BARNSTABLE
In accordance with the Massachusetts State Building Code, Section 120.0, this
CERTIFICATE OF USE AND OCCUPANCY
is issued to KENNEDY-DONOVAN CENTER, INC.
dwelling
�31 (gertif that I have inspected the known as
located at 53 Parkway Place in the village of Hyannis
Barnstable
County of Commonwealth of Massachusetts. The building is hereby certified to be in compliance
with the Basic Code and for the purpose stated below.
USE GROUP R — 4
FIRE GRADING OCCUPANCY LO 4
June 26, 1992 ..�-
Date Certificate Issued Building Official
The building official shall be notified of any changes in the above information.
f
^ y �
Toe &mmonive-A4 of Massar4usetts
y TOWN OF BARNSTABLE
In accordance with the Massachusetts State Building Code, Section 120.0, this
CERTIFICATE OF USE AND OCCUPANCY
is issued to /LeA'y e- — 0IV d V AA/ iff:�A,1eV- T w/C.
l (gertif that I have inspected the e �2 known as
lug-
Y. located at.n Art, 1�Y in the V 1 LI.N G of Aa AAJIJ15
Count o R . I-A)SI.4 i
Y f Commonwealth of Massachusetts. The building is hereby certified to be in compliance
f with the Basic Code and for the purpose stated below.
USE GROUP
FIRE GRADING OCCUPANCY LOAD -41
i
Date Certificate Issued Building Official
The building official shall be notified of any changes in the above information.
r
N,
}
y <
' rr
j
L
The Kennedy-Donovan Center,Inc.
Family Support Services
60 Park Street•Hyannis,Massachusetts 02601•508-790-3911
Dec. 5, 1990
Building Inspector
367 Main St.
Hyannis, MA 02601
Dear Sir,
.We would appreciate it if you could send us a letter
confirming .the Building Inspecti'ns.;;:do.ne at our Braggs
Lane and Castlewood Circle residences . The dates we have
for these are Bra.ggs : 9/20/`90 and Castlewood: 9/1.4/90 .
Thank you for your cooporation.
Sincerely,
�06
Valarie T •Dorsey-Oresto
Program Administrator
Raul J.Hudson
Executive Director
Luella Hennessey Donovan
Founder/Special Advisor "One Person Can Make The D�fference"
S?
HYAw .._, moo. 02601
December 13, 1990
Ms. Valarie T. Dorsey-Oresto
Program Administrator
The Kennedy-Donovan Center, Inc.
Family Support Services
60 Park Street
Hyannis, MA 02601
Dear Ms. Dorsey-Oresto:
Records at this office indicate inspections were made at the following
locations on dates indicated and were found to be in compliance:
Bragg's Lane, Barnstable 9/20/90
Castlewood Circle, Hyannis 9/14/90
Very,_,truly .,yours,
Richard B
. earse •
Building Inspector
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TYPE OF CONSTRUCTIO /f '00 ..QC�'ld•�?� V' ��•
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TO THE INSPECTOR OF BUILDINGS:
The under 'on
ed hereby applies for�a permit according to the following information:
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Heating .................................................................Plumbing ... ..........�l�f S Y...'........................
Fireplace ....., v...................................................................Approximate Cost ... �.. . .................................
Definitive Plan Approved by Planning Board ---------------_---------------19________. AreaJ./.S??�...................
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Diagram of Lot and Building with Dimensions
Fee ..................... .....................
SUBJECT TO APPROVAL OF BOARD OF HEALTH
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I hereby agree to conform to all the Rules and Regulations of the of Bitable regarding the above
construction.
Name ..... ..... .. ..................................................
r Grogan, David S. & Bernita ,
17142 one story r:
No ................. Permit for .................................... .
single family dwelling
........... ............, .........:.........................................
Skating Rink Rd. & St. Catherine Ave.
LocatiI......... ....................................................
' Hyannis
...............................................................................
Owner David S. & Bernita Grogan
Type of Construction ........frame
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'Plot ............................ Lot ................................
Permit Granted 19 `.... .June. ..L/2... 7 4
•Date of Inspection 7��I...... . l q� !
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Date Completed ....... .:..... ......................19 _
PERMIT REFUSED
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APPLICATION'FOR PERMIT TO ............! . ��•• ,
TYPE OF CONSTRUCTIOWI !.-rl. f ••••• :'-..••"•••
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TO THE INSPECTOR OF BUILDINGS:
The under�gned hereby applies for,a permit according to the following information:
Location �f�ff.: . �31.Tiff //ii' ..... .././!>�t �c aLl ... .'s .... �'F , ! C/�.. ��'�lf �1J1/��.....r
ProposedUse /.a? .G? ........... ....... ............... ... ....:..........................
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Zoning District . .: �..................................Fire.District .:........... t�1 - 5 .......................
Name of Owner //d��...:.. ...... vlt.... ......... ddress ..:...... f"X5S/l� ......
Name of Builder ..../ /S !. /,
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Nameof Architect ..................................................................:Address ...............................................�.................................
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Number of Rooms ...................�..........................................Foundation ......................r .... ..... ... ... . .. � ..........
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Floors '+ ►Js':. ....!� >N...La!.. ...................................Interior .....! .t/ .4.4,......................................................
Heating �f. ....... `............Plumbing / 1.'. .......
...:...... .............................................
'LL Fireplace ..............................Approximate Cost ®o`���. ...............~.`.......................
Definitive Plan Approved by Planning Board ________________________________19________ . Area; ....1 ...... ...............
Diagram of Lot and Building with Dimensions Fee .......z:•...:. ........................
SUBJECT TO APPROVAL OF BOARD OF HEALTH
30
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i hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name,.............. .... .....�. ..............................................
Grogan, David S. & Beruzca
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