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HomeMy WebLinkAbout0081 CRANBERRY LANE .. � A ,La �� e v � . a : .: ._ h . ._ .� �� o ,, . . :: ., __ _ _ __ 0 - e� .: � � .. .m �I� � ; A .' ' r K 0 .. � - a � _ .. .. .. _ Assesscr's Office(1st floor) Map Lot Permit# Conservation Office(4th floor) Date Issued Board of Health(3rd floor (8:30-9:30/1:00-2:00) ® 0 Engineering Dept.(3rd floor) House#1 � �S, �t r Planning Dept.(1st floor/School Admin.Bldg.) • '- i�;�`�°� ���®-.`� � �' i �'�`�,y+ d' • RARNSI'ABLE. •. Definitive Plan Approved by Planning Board 19 TOWN OF BARNSTABL ����® '� �� Building Permit Application Project Street Address g� Village W Owner J �� .�� Zai �/�' Cf (:1 - Address ` _ C LQ h h�lv�4 to tn.e Telephone i Permit Request 1 0 In „ f, e �2 t y c� r9 ej khJ 1—a �� i n e . j Total 1 Story Area(include 1 story.garages&decks) square feet Total 2 Story Area(total of 1st&2nd stories) /, ZI . .2 square feet Estimated Project Cost $ 17 20 -00(2 Zoning District Flood Plain Water Protection Lot Size /s o X P a o Grandfathered ? / Zoning Board of Appeals Authorization Recorded Current Use PC,-P, c,,e to i(a i Proposed Use Construction Type f ira Fes►. Commercial Residential Dwelling Type: Single Family Two Family Multi-Family Age of Existing Structure ''o + Basement Type: Finished t� Historic House I / A Unfinished Old King's Highway IV/ 4- Number of Baths ] No. of Bedrooms s1 Total Room Count(not including baths) First Floor Heat Type and Fuel F44 A q v.S Central Air rVu Fireplaces NU Garage: Detached. Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information Named„ 1 Pt 1-00-C It; Telephone Number 2 3 / q Address 3 Fya h kit S F a License# O(,9 3 7 .q 0 u)ch u t-y M a C Home Improvement Contractor# 1 t"g / Worker's Compensation# C 8 - 3 0 6 k. 1 S q NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN AS BUIL SHOWING E IS NG AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO�8 ra b-r WgSf- , SIGNATURE y'q,c.,Q �. a DATE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) P FOR OFFICIAL USE ONLY . t PFRMIT NO. #8189 ` DATE ISSUED July 5, 1995 + -� MAP/PARCEL NO. 246.025 , • ADDRESS 81 Cranberry Lane VILLAGE West Hyannisnort, MA 02601 t OWNER Judith A. Sowyrda DATE OF INSPECTION: FOUNDATION I _•- 2� FRAME INSULATION FIREPLACE- = ELECTRICAL: ` ROUGHFINAL , PLUMBING: ,µ", ROUGH FINAL ` GAS: ROUGH w; e FINAL FINAL BUILDING .v " 5 DATE CLOSED OUT ASSOCIATION PLAN NO. 11:02g94 1i:02 '$81i72ii122 DEFT IA'D ACCID a TZ -y C0132lYL012[UP,a�K o f �WamachLt6ettJ ' �lJaPartirte►t�o��ne�u�fria[�ee�den� 600 I =Ji,floa Stm+ l James J.Campbell 4.t. , //laesad-jad o2111 Commissioner Workers' Compensation Insurance Affidavit with a principal place of business at: UX 6 U k— bvt a 9 S. r. (cnYistawizla) do hereby certify under the pains and penalties of perjury, that: (t)/` 1 am an employer provid'mg workers' compensation coverage for my employees working on this job. Ao �al _7�hst,l'(thc-e C,0 �I-wle���a 9130 R r7 3g k i sg � .- Insurance Company Policy Number () I am a sole proprietor and have no one working for me in any capacity. () I am a sole proprietor, general contractor or homeowner (circle one) and have hired tf:e contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number O 1 am a homeowner performing all the work myself. I understcnd:.:t a copy of dtis statement will be fo:varded to the Office of Investis'ations of the DTA for coverage verification and that failure to secu. ccverage=ree iced under Section 25A of MGL 152 can lead to the Imposition of criminal penalties eonsisdne of a fine of tip to S 1,S00.00 and/er Years' imprisscnment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S 100.00 a day against mc_ Signed this ! day of. J u he , 19 S Pa., Licensee/Permittee Building Department Licensing Board Selectmen Office Health Department TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 - -na _'�_n nVCT A VT L' R7TTT T)TN7r T)17DNfTT 21 f The Town of Barnstable �eE Department of Health Safety and Environmental Services 116 Building Division 367 Main Street,Hyannis MA 02601 Office: 508 790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner For office use only Permit no. Date ' AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement, removal, demolition, or construction of an addition to any pre-Odsting owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions, along with other requirements. Type of Work: Pkl"IL w&L'-k � Cteiv 4 T Est.Cost % 0= Address of Work: t5 h b-cwP Owner.Name: G F b Sdw Date of Permit Application: I hereby certifv that: Registration is not required for the following reason(s): Work excluded by law Job under SI,000 Building not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL C. 142A SIGNED UNDER PENALTIES OF PERJURY I hcrcby apply for a permit as the agent pf the owner: Date Contractor name Registration No. OR Date Owner's name c --_ .- . -• . .:.,--.---.. . ._ .__. _ .._. -. � .,__ _ _ �i�ie �amvrrcovuoea� o�✓�aaaac/auaelCa DEPARTMENT OF PUBLIC SAFETY HOME IMPROVEMENT CONTRACTOR = Registration 118111 CONSTRICTION SUPERVISOR LICENSE 11 a Type - DBA Nu�her Expires PETRONELLI & SONS PINILvN PAUL N. PETRONELLI i � PETRONELLI y ��°6$3°`FRANKLIN ST x FRANKLIN ST .`DU1(BURY, NA 02332 ADMINISTRATOR DUXBURY MA 02332 i II � p SHE The Town of Barnstable y7`O� iON'r O� RARMSTARLE. MASS. �! Department of Health Safety and Environmental Services o59. � Building Division 367 Main Street,Hyannis, MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection Location C � k V��7 ���Permit Number l Owner BuilderYL���,L�� One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: f Please call: 508-790-6227 for reeinspection. Inspected by Date E POSTAGE MRS. JU P.O. K.X SOWYRDA � i� �� �� PA.� O. BOX 247 ! ii 0 W RYRN026P2RT.MnI WEST WANNIS PORT, MA 02672 AG �, I MAR oz LA •cu�_arss I Ii i AMUUNT - _5- 7 _ oocTo o� T _$2a� 57 7001 1940 0002 2.174 °^ o!c � Mr. Peter DiMatteo, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 is-•^- �i.i:'� i�e`�„i }''; �1 iaEa9.�J131it1�It'lii4i�ii3111i11i tills I11,1141111 I'll i.-1i11111 . � '•:� ! '. '!�:�': !]sit:. . . . iiy ':i �`: :t., v,. f,. - p 81 Cranberry Lane P.O. Box 247 West Hyannisport, Ma., 02672 March 11 , 2002 Mr. Peter DiMatteo, Building Commissioner Town of Barnstable 200 Main Street- Hyannis, Ma. Dear Mr. DiMatteo: I was very disappointed that you found it necessary to cancel my appointment with you on March 8th. As you can see by the enclosed this case began on May 11 , 2001 and is past due for resolution. As you stated you do not have much information on this case, I am sending you a composite of a journal I have kept since its' inception. Listed is a record of the dates I either went to the Town Hall or talked by ph8ne to Mr. Perry or Mrs. Uranus. These conversations were with regard to a carport constructed by Mrs. Theresa Jankowski, my neighbor, without a building permit. I am requesting an immediate appointment with you. I will be available any time and day, at your convenience. Sincerelyy,` Judith Sowyrda cc: John Klimm, Town Manager cc: Robert Jones, Town Councilman cc: Paul Sowyrda Theresa Jankowski 85 Laurie Ave. W. Roxbury, Ma. 02132 Theresa Jankowski 101 Cranberry Lane West Hyannis Port, Ma. 02672 Map 246/parcel 025 Judith Sowyrda 81 Cranberry Lane West Hyannis Port, Ma. map 246/parcel 025 81 Cranberry Lane P. 0. Box 247 West Hyannis Port, Ma. 02672 March 11 , 2002 John Klimm, Town Manager Town Half. Main Street Hyannis, Nia. 02601 Dear Mr. Klimm: Enclosed please find information that is self-explanatory. In short, my neighbor, Mrs. Theresa Jankowski, has built a lean-to attached to her garage without a building permit. There is also a full kitchen in her basement which is. a single-family home. To the best of my knowledge, no building inspector has checked into this allegation, although Mr. Thomas Perry, building inspector requested access in a letter dated 9/25/01 . (See copy of letter attached. ) My main concern, however, at this time is to seek resolution to this case as Mrs. Jankowski is encroaching on my property. Capesury surveyors of Osterville have installed markers in her driveway that indicate that she is encroaching on my property by 51 . At lease a third of her driv��w v is on my property, as well as a third of the lean-to and the fence is completely on my property. She has been ordered to remove this carport numerous times over a period of the last 10 months and has not done so. I am asking for your assistance to see that this unpleasant situation is remedied. I shall look forward to hearing from you regarding this matter. Sincerely, Judith Sowyrda cc: Peter DiMatteo, Building Commissioner cc: Robert Jones, Town Councilman cc. Paul Sowyrda .'. 81 Cr ry L anber ane P..O. Box 247 West Hyannisport, Ma. 02672 March 11 , 2002 Mr. Robert Jones, Town Councilman 65 Pinewood Road Hyannis, Ma. 02601 Dear Mr. Jones: Ohclosed please find information of a case that has been pending since May 17, 2001 . This enclosure consists of a composite of a journal which lists the dates I have contacted Mr. Thomas Perry or Mrs. Gloria Uranus of the Building Department. In short, my neighbor, Mrs°::..Theresa Jankowski constructed a lean-to attached to her garage at 101 Cranberry Lane, West Hyannis Port without a building permit. It has subsequently been determined by Capesury surveyors of Osterville that she is encroaching on my property. For this reason, I am seeking your advice and help. n As you can see, I have invested much time and effort trying to resolve this situation and I feel it is no closer to resolution than it was from the very beginning. Mrs. Jaknowski has been ordered numerous times to remove .this lean-to and thus far has not done so. We seem to have reached an impasse--she is told to remove it, is told of impending Court action and/or fines, does nothing about it and months slip by. Clearly, Mrs. Jankowski is making a mockery of the regulations of the Building Department of the Town of Barstable. For some reason, that I m not able to fathom, she is allowed to do so. I have been a property owner and tax payer in Barnstable for over thirty years and I resent the way I am being shuttled back and forth between people in authority. Frankly, I feel it borders on gender and/or age discrimination. n Please help me. / Judith Sowyrda Tel: 508-778-2263 .cc: :Peter DiMatteo, Building Commisioner cc: John Klimm, Town Manager cc: Paul Sowyrda May 11-13 Carport constructed. As the roof was slanted so that rain run off would go in my yard, I asked the owner if she had a permit and .was told "yes" M�:y 14 Town Hall-Talked to Gloria Uranus and found that no building permit was filed. I filed a complaint. May 16 Town Hall - was told by Gloria t?ranus that the building Insp. would inspect on Friday, May 18. Mr, Ralph Jones came on the 18th (see his report in file) May 18 Town Hall. Gloria Uranus said they had come into the office to apply for a building permit. I then talked to Mr. Tom Perry and he told me to wait for 30 days before checking on the status again. June 8 Town Hall-Mr. Perry said there was nothing new. That they were having difficulty conversing because Mrs. Jankowski does not speak English very well. He_said they had been told in order to _get a permit they would have to establish lot lines. Week of June loth The property has been surveyed by Capesury twice this week and they said they are having difficulty finding markers and would have to re- turn a third time. (Capesurv, 7 Parker.Rd. Osterville 508-420-399.4) . June 22 Tom Perry came for an inspection and as they were not at home (they live in W. Roxbury) he left his business card in their front doorbell. July 6 They have come and gone numerous times and the business card is still in the doorbell, despite the fact that they have weeded along the front walk many times. July 9 Town Hall. Told Mr. Perry that his business card was still there and he said he would send a Registered letter. July 18 Town Hall- Mr Perry said they have 30 days from the date of his registered letter (he didn't know the date the letter was sent) to do one of three things: 1. remove the"lean-to"(Mr. Perry's description of the car port) 2. prove that fence is not on property line and 3. appeal to the Zoning Board. I also told Mr. Perry that Mrs. Jankowski has a full kitchen in the basement (this is a single family home) There is a 3 burner stove with oven, sink and Refrigerator and tiled floor. His response was` that they did not know that and the only way they could check it out was if a complaint was filed. I filed a complaint that date. August 16 Town Hall - Mr. Perry said there was nothing new. I reminded him that he had said they had 30 days from the date of his registered letter and he said the property hadr)&een surveyed yet. I told him that more than 30 days had elapsed and asked if they had gone to the zoning board. He said he. didn't know. I went to the Zc-ning Board then and they had not been there. I also asked on this date about the complaint I filed on July 18th regarding the basement kitchen. Mr. Perry said I would have to go see Gloria Uranus -- who had gone home for the day. -2- August 16 I left the Building Inspector's office and went to Mr. Klimm's office to ask for an appointment with him. August 27 I returned to the Town Manager's office and was told that Mr. Klinn was gathering information on the case and would call me. August 30 I received a message on my machine from Mr. Perry who said: "We have ordered them within 14 days to take down the lean-to" Parenthetically: Please refer to Mr. Perry's letter to Mrs. Jankowski' dated 9/25/01 in which he states if the carport is not removed by 10/12/01 , they will seek court action and possible fines of up to $1000.00 per day which could be retroactiveto 30 days from 7/13/01 . Also, please note paragraph 2. There is a letter on file in the building inspectors office file from Gloria Uranus dated 7/26/01 regarding the basement apartment in which she wrote: that the house is being used as a two-family home and that they would have to: (a) apply for a building permit to restore the house to a one-family home or (b) apply to Zoning Board of appeals for a variance or (c) prove that it was a legal two-family home. Sept. 17 The carport remains standing. Oct 18 Still standing. Nov. 2 See attached letter from Mr. Perry, dated Nova 2 in which he gives a Final Notice that they have until November 16 to remove the carport or face Court action. Nov. 17 Carport still standing. Please see attached letter to me from Mrs. Jankowski. Apparently, she can write a cohesive letter, despite the fact that she does not speak English well. Nock. 21 Surveyors returned and put a marker on property line- they are on my property by 5' at least 1/3 of their driveway is on my property as well as at least 1/3 of ,the carport and the fence is completely . , on my property. When I went to the Town Hall today, Mr. Perry said he had received a call from Mrs. Jankowski (or her niece--he wasn't sure who it was) that she had received word from the surveyor that she was infringing on my property by 5' . Dec. 12 Town Hall - Mr. Perry told me that their legal department handled only Superior Court cases and that Gloria Uranus would be setting up a Court date--which was necessary now because they were encroaching on my property January -25, 2002 I called Gloria Uranus and she said she had a meeting with Arthur Cato, Prosecutor who will be handling the case and she will , let me know the court date. 7 -3- March 7, 2002 Town Hall. Mrs. Uranus told me that she had been told by Mr. Cato that the property infringement was a civil matter and I would have to get an attorney. 1 I am a widow living on a fixed income and I am extremely upset,t that after a lapse of 10 months, I would be told that I must get an attorney. I spoke to Mr. Perry to ask what the status was regarding the lean-to and he said there was nothing to report as he had not gotten the surveyors report from Mrs. Jankowski.I told him about the surveyors markers in their driveway as well as surveyors stake in the back of their garage that clearly showed they were on my land by 5' . I also asked if they had been fined as his letters stated they would do and he said no. When I asked why, he stated: Well, usually when people are threatened with a fine, they respond quickly, but Mrs. Jankowski didn't. Gloria Uranus suggested I go to the Court House and ask to speak to a Magistrate. She suggested I ask to speak to Mr. Cato also who was at the Court House that day. The clerk there told me I would have to comeback Monday morning to see Mr. Eldredge but that she doubted he could help me as he handled criminal cases. I then asked if I could speak to Mr. Cato and was told that he was very busy and I might have to wait a couple of hours. I said I would wait and sat down to do so. Soon, what appeared to be a very angry Mr. Cato came out and asked who w wanted to speak to him. I told him I did and briefly why--that my neighbor was encroaching on my property and I wanted to know my rights. He told me he was a cop (I didn't know that) and handled only criminal. cases and had told them that at the Building Inspectors office. He left and his assistant told me to go back to the Town Hall and ask to speak to the Building CommissQner. I went back to the Town Hall and made an appointment to see Mr. DiMatteo, Building Commissioner the next day on Friday, March 8th at 2:p.m. March 8 Mr. DiMatteo called at 11 :A.M.to cancel our appointment as he was backed up and would call me to set up another appointment . r �Vail, Town of Barnstable Regulatory Services - 9 HA MAS& COPY Mass. Thomas F. Geiler,Director Eo►A+"�� Building Division Peter F.DiMatteo Building Commissioner 367 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 25, 2001 Mr. &Mrs. Jankowski 85 Laurie Lane West Roxbury, MA 02132 Re: Leauto— 101 Cranberry Lane,Hyannisport, MA Dear Homeowners, This letter is in regards to the lean-to that was constructed next to the garage at the above listed property. After many opportunities to abate this problem, nothing has been resolved. Because of this, you have until October 12, 2001 to remove this. If this is not removed by then, we will have no choice but to seek court action and possibly fines. Section 118.4 of 780 CMR allows up to a 1000 der&y fine and this can be retroactive to 30 days from July 13, 2001. Please contact this office and let us know how you wish to proceed with this situation. Also on another matter, we have been notified that there is a second dwelling unit in the basement of this house.. This house and area is zoned for single family dwellings only. We wish to see what is hee;so that a determination can be rtiauc wiicucci .,� ..v< 1...0 - .the case. Again,please contact this office at 508-862-4034 as to how you wish to proceed. Sincerely, Thomas Perry Local Inspector Ft�E ra,, Town of Barnstable BMMSTABLE, * Regulatory Services MASS. ie39• Thomas F.� Geiler'Director Building Division Pete F.DiMatteo Building Commissioner 367 Main Street,Hyannis,MA 02601 I Office: 508-8624038 Fax: 508-790-6230 REGISTERED MAIL November 2, 2001 Mr. &Mrs. Jankowski 85 Laurie Lane West Roxbury MA. 02132 Reference: 101 Cranberry Lane, Hyannisport,MA. FINAL NOTICE Dear Homeowners': This is in regards to the house at the above address. The issue that we have been going around and around about for the past six months have never been resolved. Specifically, I am talking about the lean-to that was constructed on the garage. You now have one final chance to remove this structure or else we will be forced to seek court action. If we go this route, we will seek all possible fines. You have until November 16, 2001 to abate this. . Sincerely Yours, Tom Perry Local Inspector TP:dm c.c Judith Sowyrda Q:B 1dg\siteplan\2001\wilkens Mrs. Judith Sowyrda Nov. 17.2001 + 81 Cranberry Lane Hyannisport,'MA.02632 I'm writing this letter to you because I didn't realized that such a small improyernent to my yard will cause so many problem and aggravations for both of us. I'm sorry for not discussing this with you before i started that project' I thought that building this structure will be simple solution for keeping my yard clean and better looking. Now I see that I was wrong. I spent lot of money and time and I was wondering if there is any solution for that problem which will satisfied you and let us to be a good neighbors without tearing down my umbrella roof. Please let me know how I can put this ' problem behind us: Sincerely:':. r = Teresa Jankowski 85 Laurie Ave W. Roxbury,MA 021.32 617-3230889 617423-203.6 508-771-2335 617-584-16.19 (cell) The Town of Barnstable BARNSTABLE, : Office of Town Manager 7 MASS. g �bpr 1639• a�� 367 Main Street, Hyannis MA 02601 ED Mp'1 Office: 508-862-4610 John C.Klimm,Town Manager Fax: 508-790-6226 Joellen J.Daley,Assistant Town Manager MEMORANDUM TO: Peter DiMatteo, Building Commissioner FR: John C. Klimm, Town Manag l DT: March 19, 2002 RE: Judith Sowyrda, 81 Cranberry Lane, West Hyannisport ` Attached is a copy of a letter, together with attachments that we received recently from Ms. Sowyrda regarding the alleged encroachment on her property by Theresa Jankowski. Would you please check into this matter and get back to me at your earliest convenience. Thank you. JCK:Imb Enclosure 81 Cranberry Lane P. 0. 247 West Hyannis Port, Ma. 02672 March 11 , 2002 John Klimm, Town Manager Town Hall Main Street Hyannis, Ma. 02601 Dear M. Klimm: Enclosed please find information that is self-explanatory. In short, my neighbor, Mrs. Theresa Jankowski, has built a lean-to attached to her garage without a building permit. There is also a full kitchen in her basement which is a single-family home. To the best of my knowledge, no building inspector has checked into this allegation, although Mr. Thomas Perry, building inspector requested access to the basement in a letter dated 9/25/01 . (See copy of letter attached) . My main concern, however, at this 'time is to seek resolution to this case as Mrs. .Jankowski is encroaching. on my property. Capesury surveyors of Osterville have installed markers in her driveway that indicate that she is encroaching on my property by 5' . At least a third of her driveway is on my property, as well as a third of the lean-to and the fence is completely on my land. She has been ordered to remove this carport numerous times over a period of the last 10 months and has not done so. I am asking for your assistance to see that this unpleasant situation is remedied. I shall look forward to hearing from you regarding this matter. Sincerely, �rC� -can A.��•� Judith Sowyrda cc: Peter DiMatteo, Building Commissioner cc: Robert Jones, Town Councilman cc: Paul Sowyrda J a N 81 Cranberry Lane P.O. Box 247 West Hyannisport, Ma., 02672 March 11 , 2002 Mr. Peter DiMatteo, Building Commissioner Town of Barnstable 200 Main Street Hyannis, Ma. ,. Dear Mr. DiMatteo: I was very disappointed that you found it necessary to cancel my appointment with you on March 8th. As you can see by the enclosed,this case began on May 11 , 2001 and is past due for resolution. As you stated you do not have much information on this case, I am sending you a composite of a journal I have kept since its' inception. Listed is a record of the dates I either went to the Town Hall or talked by phone to Mr. Perry or airs. Uranus. These conversations were with regard to a carport constructed by Mrs. Theresa Jankowski, my neighbor, without a building permit. I am requesting an immediate appointment with you. I will be available any time and day, at your convenience. Sincerely, Judith Sowyrda cc: John Klimm, Town Manager cc: Robert Jones, Town Councilman cc: Paul Sowyrda Theresa Jankowski 85 Laurie Ave. W. Roxbury, Ma. 02132 Theresa Jankowski 101 Cranberry Lane West Hyannis Port, Ma. 02672 Map 246/parcel 025 Judith Sowyrda 81 Cranberry Lane West Hyannis Port, Ma. map 246/parcel 025 • Ar F , 81� Cranberry Lane` P. O. Box 247 .. .: West Hyannispor_t '. Ma. 02672 March 11 ; 2002 Mr. Robert Jones, Town Councilman 65 Pinewood Road Hyannis, Ma. 02601 Dear Mr. Jones: enclosed please find information of a case that has been pending since May 17, 2001 . This enclosure consists of a composite of a journal which lists the dates. I have contacted Mr. Thomas Perry or Mrs. Gloria Uranus of the Building Department. In short, my neighbor, Mrs:_,.Theresa Jankowski constructed a lean-to attached to her garage at 101 Cranberry Lane, West Hyannis Port without a , building permit. It has subsequently been determined by Capesury surveyors of • Osterville that she is encroaching on my property. For this reason, I am seeking your advice and help. As you can see, I have invested much time and effort trying to resolve this situation and I feel it is no closer to resolution than it was from the very beginning. Mrs. Jaknowski has been ordered numerous times to remove this lean-to and thus far has not done so. We seem to have reached an impasse--she is told to remove it, is told of impending Court action and/or fines, does nothing about it and months :slip by. Clearly, Mrs. Jankowski is making a mockery of the regulations of the Building Department of .the Town of Barstable. For some reason, that I m not able to fathom, she is allowed to do so. I have been a property owner and tax payer in Barnstable for over thirty years and I resent the way I am being shuttled back and forth between . people in authority. Frankly, I feel it borders on gender and/or age discrimination. Please help me. . J Judith Sowyrda Tel: 508-778-2263 cc: .Peter DiMatteo, Building Commisioner cc:- John Klimm, Town Manager cc: Paul Sowyrda i May 11-13 Carport constructed. As the roof was slanted so that rain fun off would go in my yard, I asked the owner if she had a permit and was told "yes" May 14 Town Hall-Talked to Gloria Uranus and found that no building permit was filed. I filed a complaint. May 16 Town Hall - was told by Gloria Uranus that the building Insp. would inspect on Friday, May 18. Mr, Ralph Jones came on the 18th (see his report in file) May 18 Town Hall. Gloria Uranus said they had come into the office to apply for a building permit. I then talked to Mr. Tom Perry and he told me to wait for 30 days before checking on the status again. June 8 Town Hall-Mr. Perry said there was nothing new. That they were having difficulty conversing because Mrs. Jankowski does not sneak English very well. He said they had been told in order to get a permit they would have to establish lot lines. Week of June loth The property has been surveyed by Capesury twice this week and they said they are having difficulty finding markers and would have to re- turn a third time. (Capesurv, 7 Parker-Rd. Osterville 508-420-3994). June 22 Tom Perry came for an inspection and as they were not at home (they live in W. Roxbury) he left his business card in their front doorbell. July 6 They have come and gone numerous times and the business card is still in the doorbell, despite the fact that they have weeded along the front walk many times. July 9 Town Hall. Told Mr. Perry that his business card was still there and he said he would send a Registered letter. July 18 Town Hall- Mr Perry said they have 30 days from the date of his registered letter (he didn't know the date the letter was sent) to do one of three things: 1. remove the"lean-to"(Mr. Perry's description of the car port) 2. prove that fence is not on property line and 3. appeal to the Zoning Board. TI also told Mr. Perry that Mrs. Jankowski has a full kitchen in the basement (this is a single family home) There is a 3 burner stove with oven, sink and Refrigerator and tiled floor. His response was that they did not know that and the only way they could check it out was if a complaint was filed. I filed a complaint that date. August 16 Town Hall - Mr. Perry said there was nothing new. I reminded him that he had said they had 30 days from the date of his registered letter and he said the property haPVen surveyed yet. I told him that more than 30 days had elapsed and asked if they had gone to the zoning board. He said he didn't know. I went to the Zoning Board then and they had not been there. I also asked on this date about the complaint I filed on July 18th regarding the basement kitchen. Mr. Perry said I would have to go see Gloria Uranus -- who had gone home for the day. Ii -2- Building Inspector's office and went to Mr. Klimm's office August 16 I left the Bui g pe . to ask for an appointment with him. August 27 I returned to the Town Manager's office and was told that Mr. Klimm was gathering information on the case and would call me. August 30 I received a message on my machine from Mr. Perry who said: "We have ordered them within 14 days to take down the lean-to" Parenthetically: Please refer to Mr. Perry's letter to Mrs. Jankowski' dated 9/25/01 in which he states if the carport is not removed by 10/12/01 , they will seek court action and possible fines of up to $1000.00 per day which could be retroactiveto 30 days from 7/13/01 . Also, please note-paragraph 2. There is a letter on file in the building inspectors office file from Gloria Uranus dated 7/26/01 regarding the basement apartment in which she wrote: that the house is being used as a two-family home and that they would have to: (a) apply for a building permit to restore the house to a one-family home or (b) apply to Zoning Board of appeals for a variance or (c) prove that it was a legal two-family home. Sept. 17 The carport remains standing. Oct 18 Still standing. Nov. 2 See attached letter from Mr. Perry, dated Nov. 2 in which he gives a Final Notice that they have until November 16 to remove the carport or face Court action. Nov. 17 Carport still"_ standing. Please see attached letter to me from Mrs., Jankowski. Apparently, ,she can write a cohesive letter, despite the fact that she does not speak English well. No(V. 21 Surveyors returned and put a marker on property line- they are on my property by 5" at least 1 /3 of their driveway is on my property as well as at least 1/3 of-the carport and the fence is completely on my property. 'When I went to the Town Hall today, Mr. Perry said he had received a call from Mrs. Jankowski (or her niece--he wasn't sure who it was) that she had received word from the surveyor that she was infringing on my property by 5' . Dec. 12 Town Hall - Mr. Perry told me that their legal department handled only Superior Court cases and that Gloria. Uranus would be setting up a Court date--which was necessary now because they were encroaching on my property January 25, 2002 I called`Gloria Uranus and she said she had a meeting with Arthur Cato, Prosecutor who will be handling the case and she will let me know the court date. -3- March 7, 2002 Town Hall. Mrs. Uranus told me that she had been told by Mr. Cato that the property infringement was a civil matter and I would have to get an attorney. I am a widow living on a fixed income and I am extremely upset, that after a lapse of 10 months, I would be told that I must get an attorney. I spoke to Mr. Perry to ask what the status was regarding the lean-to and he said there was nothing to report as he had not gotten the surveyors report from Mrs. Jankowski.I told him about the surveyors markers in their driveway as well as surveyors stake in the back of their garage that clearly showed they were on my land by 5' . 1. I also asked if they had been fined as his letters stated they would do and he said no. When I asked why, he stated: Well, usually when people are threatened with a fine, they respond quickly, but Mrs.,_ Jankowski didn't. Gloria Uranus suggested I go to the Court House and ask to speak to a Magistrate. ' She suggested I ask to speak to Mr. Cato also who was at the Court House that day. The clerk there told me I would have to- come back Monday morning to see Mr. Eldredge but that she doubted he could help me as he handled criminal cases. I then asked if I could speak to Mr. Cato and was told that he was very busy and I might have to wait a couple.of hours. I said I would wait and sat down to do so. Soon, what appeared to be a very angry Mr. Cato came out and asked who wanted to speak to him. I told him I did and briefly why--that my, neighbor was encroaching on my property and I wanted to know my rights. He told me he was a cop (I didn't know that) and handled only criminal cases and had told them that at the Building Inspectors office. He left. and his assistant told me to go back to the Town lull and ask to speak to the Building Commissioner. I went back to the Town Hall and made an appointment to see Mr. DiMatteo, Building Commissioner the next day.on Friday, March 8th at 2:p.m. March 8 Mr. DiMatteo called at 11 :A.M.to cancel our appointment as he was backed up and would call me to set up another appointment Town of Barnstable regulatory Services MAS& g Thomas F. Geiler,Director Building Division Peter F. DiMatteo Building Commissioner 367 Main Street, Hyannis, MA 02601 Office: 508-8624038 Fax: 508-790-6230 September 25, 2001 Mr. &Mrs. Jankowski 85 Laurie Lane West Roxbury, MA 02132 Re: Leauto— 101 Cranberry Lane, Hyannisport, MA Dear Homeowners, This letter is in regards to the lean-to that was constructed next to the garage at the above listed property. After many opportunities to abate this problem, nothing has been resolved. Because of this, you have until October 12, 2001 to remove this. If this is not removed by then, we will have no choice but to seek court action and possibly fines. Section 118.4 of 780 CMR allows up to a 1000 per da fine and this can be retroactive to 30 days from July 13,2001. Please contact this office and let us know how you wish to proceed with this situation. Also on another matters we have been notified that there is a second dwelling unit in the basement of this house. This house and area is zoned for single family dwellings only. We wish to see what is there, so that a determination can be rude wlIet iQ-r or not t 0- is the case. Again, please contact this office at 508-862-4034 as to how you wish to proceed. Sincerely, �� Thomas Perry. Local Inspector r6i7` .3a3-- 3'F01 F P P�pfIME Poy� Town of Barnstable BARNSTABLE, : Regulatory Services 9^ MASS. 1639' Thomas F.Geiler,Director AyFo��A Building Division Pete F.DiMatteo Building Commissioner 367 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 REGISTERED MAIL November ') 2001 0 �� �O Mr. & Mrs. Jankowski 85 Laurie Lane West Roxbury MA. 02132 Reference: 101 Cranberry Lane, Hvannisport, MA. FINAL `OTICE Dear Homeowners: ' This is in regards to the house at the above address. The issue that we have been going around and around about for the past six months have never been resolved. Specifically, I am talking about the lean-to that was constructed on the garage. You now have one final chance to remove this structure or else we will be forced to seek court action. If,we go this route, we will seek all possible fines. You have until November 16; 2001 to abate this. Sincerely Yours, Tom Perry Local Inspector TP:dm c.c Judith Sowyrda Q:B1dg\sitep1an\2001\wi1kens 50 .s' 3 _ a Mrs. Judith Sowyrda Nov. 17.2001 81 Cranberry Lane Hyannisport, MA 02632 I'm writing this letter to you because I didn't realized that such a small improvement to'my yard will cause`so many problem and aggravations for both of us. I'm sorry for not discussing this with you before I started that projecf.'I thought that building this structure will be simple solution for keeping'my yard clean and better looking. Now I see that I was wrong. I spent lot'of money aid time'-and I was wondering if there is any solution for that problem which will satisfied you and let us to be a good neighbors without tearing down my umbrella roof. Please let me know how I can put this problem behind us. Sincerely: Teresa Jankowski 85 Laurie Ave W. Roxbury, MA 02132 617-323-3889 617-423-2036 508-771-2335 617-584-1619 (cell) s w TE HOLE LOGS Jf� _�.�'�-:� �#� = Ir. •>,4, ; ENGINEER:_ 4- WITNESS: ItA�- �`�'JN�S� g )� ( M DATE: ("� - : 3 t•4 �t PERC. RATE ef Cy L�L LOCATION MAP — 4-1 4 ASSESSORS MAP _ PARCELUt Nq E© � � Y FLOOD ZONE ! h - 1 f I G 1 BUILDING ZONE: SETBACKS: FRONT Go �.i2t. SIDE PE ;. . REAR t7 Z_ 1 �� _ f f � �------T-3 a 1 NOTES:_ � + DATUM iS r �' ,�� J 2. MUNICIPAL WATER 'S __ X11►.1�Z _ _ 3. MINIMUM PIPE PITCH TO BE 1%8" PER FOOT. 4. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHO-H — ^'� S. PIPE JOINTS TO BE MADE WATERTIGHT. CONSTRUCTION DETAILS TO BE iN ACCORDANCE WIT 6. MASS. SEPTIC PROFILE ENVIRONMENTAL CODE TITLE V. C>,o -,� r N(NOT TO .HIS � �u�4.: , , .,a+ra ,4, ,r �,�- 7. PLAN IS FOR PROPOSED WORK 0Y AND NOT TO BE L USED FOR LOT LINE STAKING. F F�Ro*-' T.O.F. AT EL 8. 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