The URL can be used to link to this page

Home My WebLink About0900 SHOOTFLYING HILL RD f, _ _. -- — — - -- - - _.. _ .'' 'i i 1 o *� .....� _ .- _ - *.�.._. _ __.... .. _- _ w o _� s I g -, pF tHpJp�Y dF +d`. ? �.:rv ;--- Printed On 3/2/202` $t , Complaint Call Report , y i�' �. • BA-IWABLB. A Y ,00am900S,HOOTFeLYING HILL RDCENTER\/I: LE : # prfOMP�s Case# C 19 77 ,aN §&�%�^"w"C`� ` Case#: C-19-77 Address: 900 SHOOTFLYING HILL RD, Date: 1/30/2019 CENTERVILLE - Owner Info: Property Info: NEATH, MICHAEL P MBL: 900 SHOOTFLYING HILL RD 192-051 CENTERVILLE MA 02632 5 Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Zoning, Unlawful Commercial Activity, Medium Priority Phone Complaint Summary: Caller states nursery business and multiple commercial vehicles enter off of Annabelle disrupts quiet residential area. Subject property owner(Neath) claimed (to caller). to have purchased property behind him but there is no vacant lot just a vacant area divided by a driveway. No sale transaction found on file. Neath is always cooperative on the surface. Property is just 2 acres. Owner is a landscaper with a bay on Old Falmouth Rd. , Action History.- Action Taken Date Doscription Fee Inspector Inspector Assigned to Complaint: florencb Filed by: andersor Comments: I Comment Date Commenter Comment 1/30/2019 andersor Scheduled Jeff L to meet BC on site Weds 216/19 at 3 PM Anderson, Robin From: Florence, Brian Sent: Friday, February 28, 2020 3:20 PM To: Kathy.Murphy Cc: Anderson, Robin Subject: RE: 900-Shootflying Hill Investigation' Thank you for your reply Ms. Murphy. Typically we do not keep complaints open when we do not find anything; we close them. We do that for the very reason you stated, it gives the perception that no action is being taken. I was held up this afternoon but am headed that way now. I will decide how to proceed after my visit. I hope that you will understand that we issue over 11,000 permits each year, complete over 45,000 inspections and field thousands of neighborhood complaints. It is not possible for us provide periodic notifications because that is all that we would be doing....So unfortunately we will not promise to do that. However, please feel free to check in with me next week. Regards, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: Kathy Murphy [mailto:kmurphy@rexa.com] Sent: Friday, February 28, 2020 11:53 AM To: Florence, Brian Cc: Anderson, Robin - , Subject: RE: 900 Shootflying Hill Investigation Dear Mr. Florence, Thank you so.much for your quick reply, it,is much aappreciated. I do understand that investigations have been ongoing and Robin has been forthright with this communication when I have inquired. She expressed the Town's practice is to not discuss ongoing investigation and a communication would follow, once the investigation is complete. Your email indicates'you will be "completing the final inspection" of your investigation this afternoon. I would note that Mr. Neath's has a Landscaping business (which may or may not be operating from this location). We are now entering landscaping season, and I expecting most landscaping businesses to startup their spring activities within the next 3 to 4 weeks with the "peak" time ranging from mid-April thru early July. I would ask that you consider this timeframe before conclude your investigation at this location. Again, I want to thank you and your department personnel for all of your efforts in this matter. As an observation from a resident with an "open" complaint, the practice of "no communication" can be perceived as no action being taken. I would like to recommend that the Town consider some type of generic communication be sent periodically so that individuals (like me) would be re-assured that action / progress is happening., I look forward to your findings regarding this issue. Respectfully, Kathy Murphy 407 Annable Point Road (508) 942-8164. *Due to the requirements of the Federal Government and to comply with the Export Compliance Laws,End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. From: Florence, Brian<Brian.Florence@town.barnstable.ma.us> Sent: Friday, February 28, 2020 11:16 AM To: Kathy Murphy<kmurphy@rexa.com> Cc: Anderson, Robin <Robin.Anderson@town.barnstable.ma.us> Subject: RE: 900 Shootflying Hill Investigation Ms. Murphy, Thank you for your email. Robin is unable to communicate with you at this time. However, I will be out,to'the site this afternoon to complete the final inspection of our investigation. To be clear,the Town has engaged its resources on your behalf concerning this matter on several occasions. On January 19th Ms.Anderson advised you (see below)that inspectors have been "out to see the site numerous times The determinations coming back were that either no violation existed or that their investigations were inconclusive. That could be for myriad reasons(no activity at the time etc.). In any event, I am going out today between 2:30 and 3:00 and will make my own assessment. Be advised that accessory structures are allowed in'Barnstable..... so the "domed structures" do not necessarily mean that the property,owner is in violation of anything. Please feel free to contact me next week and I will advise you of my findings. Regards, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: Anderson, Robin Sent: Friday, February 28, 2020 8:42 AM 2 To: Flordnce, Brian Subject: Fwd: 900 Shootflying Hill Investigation Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Kathy Murphy <kmurphy@rexa.com> Date: 2/28/20 8:07 AM (GMT-05:00) To: "Anderson, Robin" <Robin.Anderson(cr�,town.barnstable.ma.us> Subject: RE: 900 Shootflying Hill Investigation Good Morning Robin, c A few weeks ago I noticed a "Second" domed structure (like the first) further back on Mr. Neath's "residential". property., It is visible from Shootflying Hill Road, I noticed it when returning home from a run to the Marston Mills Transfer Station. This investigation has'bee-n underway.for 22 months now,'and I have heard absolutely nothing from the city unless I make the'contact. I am very disappointed at how this has been/ is being handled. I would like to set up a meeting with the appropriate people that can provide some answers, can you arrange this? Or provide me with the contact information for the personnel to make such•,and.appointment? The lack of communication on this matter and perceived ".inactivity" due to this lack of communication is very discouraging. I would appreciate any assistance you.can provide. Very Respectfully, t Kathy Murphy 407 Annable Point Road (508) 942-8164 *Due to the requirements of the Federal Government and to comply with the Export Compliance Laws, End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. From:Anderson, Robin<Robin.Anderson@town.barnstable.ma.us> Sent:Tuesday, December 31, 2019 11:59 AM To: Kathy Murphy<kmurphy@rexa.com> Subject: RE:Shootflying Hill I am adding this.information to the request for service on file and will make the inspector aware of this development.R 3 f From: Kathy Murphy [mailto:kmurphy(5rexa.com] r Sent: Monday, December 30, 2019 9:58 AM To: Anderson, Robin Subject: FW: Shootflying Hill Hi Robin, I should have included in my previous email that within the last 8 weeks, the property behind me on Shootflying Hill Road, identified to be Mr. Neath's property, contains a large white domed structure (which appears temporary) on it, similar to what one would see for a greenhouse purposes or to protect item s from the harsher elements...It is very visible from my property. Respectfully, Kathy Murphy Inside Sales —W/WW (508) 942-8164 *Due to the requirements of the Federal Government and to comply with the Export Compliance Laws, End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. From: Kathy Murphy Sent:Tuesday, December 17, 2019 5:35 PM To:Anderson, Robin<robin.anderson@town.barnstable.ma.us> Subject: RE: Shootflying Hill Hi Robin, Just thought I would check in to see if the Investigation is still ongoing, since I haven't heard anything form the Town. Thank you. Merry Christmas. Respectfully, Kathy Murphy Inside Sales -W/WW (508) 942-8164 *Due to the requirements of the Federal Government and to comply with the Export Compliance Laws,'End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. 4 I From: Kathy Murphy<kmurphv@rexa.com> Sent: Saturday, April 6, 2019 1:52 PM To:Anderson, Robin<robin.anderson@town.barnstable.ma.us> Subject: Re: Shootflying Hill Hi Robin, Just wanted to let you know that the "Traffic"'is increasing, noticed some smaller trucks today since I'm home. Thank you Kathy Murphy Applications Engineer W&WW/ East (508)942-8164. ' From:Anderson, Robin <robin.anderson@town.barnstable.ma.us> Sent: Wednesday,January 16, 2019 1:27 PM To: Kathy Murphy Subject:RE: Shootflying Hill MS Murphy, I sought your approval to be on your property at the direct request of the Building Commissioner. Although,many inspectors have been out to see the site numerous times,the Building Commissioner has only been here a short time. He has no firsthand knowledge of the situation. I thought it best to involve him because he will need to make the final determination and as such should have an opportunity to seethe operation for himself. This is the normal progression of an investigation especially in one that is not as simple as most. Our investigative process will continue for as long as it is necessary for us to gather information and document the violations(if so found and determined). I know this matter is upsetting.but please be assured that the Building Commissioner takes all requests for service very seriously and we work diligently as a team to address those that are brought to our attention. I will forward your approval to the Building Commissioner and schedule an inspection accordingly., Thank you for your cooperation in assisting us. p�gbtn Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 508-862-4027 From: Kathy Murphy [mailto:kmurphy@rexa.com]' Sent: Wednesday, January 16, 2019 12:12 PM To: Anderson, Robin Subject: RE: Shootflying Hill Good Morning Robin, Thanks you for your email this morning, I have no problem allowing my yard/driveway to be used for the purposes of observing Mr. Neath's property/operations, including the traffic flow up and down the street; I am happy to 5 r accommodate any way I can. My lot is wooded behind my home, which borders Mr. Neath's property so the investigator may need to walk into the wooded area to see his yard and outlining structures. I would imagine these activities would involve several weeks of observation,would that be cor'rect? I would offer a better vantage point for traffic would be down the street, closer to where "Lakewood" branches off,to view where the vehicles have been going down into the driveway to trespass and access.the back side of Mr. Neath's property...but that would be up to the discretion of the investigator. The issues here are civil in nature: trespass and nuisance by Mr. Neath (regardless of business or personal use). For the past several months(well before May,when I first notified the Town with my official complaint)there has been significant traffic on Annable Point Road,to/from this area. It has been established through the Registry of Deeds that Mr. Neath does not own the.property when he told me he did;the plot adjacent to his(east) and abutting(west)of the 344 Annable Point Road private drive, but he continues to use it. Based on your email this morning, I am curious to know if this will be the first time someone is coming out to Annable Point Road to observe? Has any investigation been performed (to date) based on the activities reported by me or my neighbors? Have some observations been made from public areas, or other areas? I must be.frank, I find the timing of this Annable Point Road "observation" to be short-sighted for this reason:this time of year is more "dormant" regarding landscaping activity and the significantly lower temperatures are not conducive to a" lot of outdoor landscaping projects (except maybe snow plowing). Due to the time of year, I expect the traffic to be negligible; so any observations conducted over the next several weeks;until at least mid-March, may provide findings of no significance.. Because of this, l expect observations will be performed over the next 5 months,from now until at least mid-June. This will give a better idea of what is going on during the"Peak" landscaping period, and to truly determine if this is being used for his business (or personal use). I have already waited eight(8) months so a few more months are of no consequence if it allows for proper vetting of the issue. I know the family at 389 Annable have called the police and filed reports(the neighbor right next door to me and adjacent to this area on both sides: his,actual property behind them, and the land being trespassed to access his property). I've called and filed a Police report, and there is potentially another report from the family at 416 Annable. Has the investigator contacted the Barnstable Police dept.to obtain the records of these complaints? Would this be part of his/her investigation? appreciate this recent communication regarding my initial complaint and follow-up inquires. I am available to answer any questions and provide any additional support regarding this matter and'look forward to working with Barnstable Zoning Department in the near future. , Bottom Line: I give my express permission to the Zoning Investigator and assisting personnel to access my property at 407 Annable Point Road for the purpose of observing activities associated with Mr. Neath's property. Respectfully, Kathy Murphy Inside Sales —W/WW (508) 942-8164 *Due to the requirements of the Federal Government and,to comply with the Export Compliance Laws, End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. From:Anderson, Robin<Robin.Anderson@town.barnstable.ma.us> Sent: Wednesday,January 16, 2019 8:00 AM 6 To: Kathy*Murphy<kmurphv@rexa.com> Subject: Shootflying Hill Hi MS Murphy, I am trying to arrange for the Building Commissioner to go out and view the Neath property operation from various perspectives. I am wondering if it would be'possible for us to view his property from your yard or driveway? If so,we would need your expressed permission to do so. Please know that we do not want to inconvenience you by accommodating this request. You certainly do not need to be there as we simply want to be positioned correctly in order to observe some of the activity you have described from your location. Please advise me once you have considered my request. Thank you. OR9bta Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 508-862-4027 .............................................................................................................:............................:.................................................................................................................................................... This email message and any attachments are being sent by Rexa,Inc.,are confidential,and may be privileged.If you are not the intended recipient,please notify us immediately--by replying to this message or by sending an email to postmaster@rexa.com--and destroy all copies of this message and any attachments.Thank you. ....... .................................. .. ........................................................... .............................. ................... For more information about Rexa,Inc..,please visit us at http://www.rexa.com CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content;is safe! CAUTION:This email originated from outsideof the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply,unless you recognize the sender's email address and know the content is safe! Anderson, Robin 77 From: Kathy Murphy <kmurphy@rexa.com> Sent: Monday, December 30, 2019 9:58 AM To: Anderson, Robin Subject: FW: Shootflying Hill Hi Robin, I should have included in my previous email that within the last 8 weeks, the property behind me on Shootflying Hill Road, identified to be Mr. Neath's property, contains a large white domed structure (which appears temporary) on it, similar to what one would see for a greenhouse purposes or to protect item s from the harsher elements...It is very visible from my property. Respectfully, Kathy Murphy Inside Sales —W/WW (508) 942-8164 *Due to the requirements of the Federal Government and to comply with the Export Compliance Laws, End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. From: Kathy Murphy Sent:Tuesday, December 17, 2019 5:35 PM To:Anderson, Robin<robin.anderson@town.barnstable.ma.us> Subject: RE: Shootflying Hill Hi Robin, Just thought I would check into see if the Investigation is still ongoing, since I haven't heard anything form the Town. Thank you. Merry Christmas. Respectfully, Kathy Murphy Inside Sales—W/WW (508) 942-8164 *Due to the requirements of the Federal Government and to comply with the Export Compliance Laws, End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. 1 From: Kathy Murphy<kmurphv@rexa.com> Sent: Saturday, April 6, 2019 1:52 PM To:Anderson, Robin<robin.anderson@town.barnstable.ma.us> Subject: Re: Shootflying Hill Hi Robin, Just wanted to let you know that the "Traffic" is increasing, noticed some smaller trucks today since I'm home. Thank you. Kathy Murphy Applications Engineer W&WW/ East (508) 942-8164 From:Anderson, Robin <robin.anderson@town.barnstable.ma.us> Sent:Wednesday,January 16, 2019 1:27 PM To: Kathy Murphy Subject: RE:Shootflying Hill MS Murphy, I sought your approval to be on your property at the direct request of the Building Commissioner. Although,many inspectors have been out to see the site numerous times,the Building Commissioner has only been here a short time. He has no firsthand knowledge of the situation. I thought it best to involve him because he will need to make the final determination and as such should have an opportunity to see the operation for himself. This is the normal progression of an investigation especially in one that is not as simple as most. Our investigative process will continue for as long as it is necessary for us to gather information and document the violations(if so found and determined). I know this matter is upsetting but please be assured that the Building Commissioner takes all requests for service very seriously and we work diligently as a team to address those that are brought to our attention. I will forward your approval to the Building Commissioner and schedule an inspection accordingly. Thank you for your cooperation in assisting us. Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 02601 508-862-4027 From: Kathy Murphy [mailto:kmurphy@rexa.com] Sent: Wednesday, January 16, 2019 12:12 PM To: Anderson, Robin Subject: RE: Shootflying Hill Good Morning Robing 2 Thanks you for your email this morning, I have no problem allowing my yard[driveway to be used for the purposes of observing Mr. Neath's property/operations, including the traffic flow up and down the street; I am happy to accommodate any way I can. My lot is wooded behind my home, which borders Mr. Neath's property so the investigator may need to walk into the wooded area to see his yard and outlining structures. I would imagine these activities would involve several weeks of observation,would#hat be correct? I would offer a better vantage point for traffic would be down the street, closer to where "Lakewood" branches off,to view where the vehicles have been going down into the driveway to trespass and access the back side of Mr. Neath's property...but that would be up to the discretion of the investigator. The issues here are civil in nature:trespass and nuisance by Mr. Neath (regardless of business or personal use). For the past several months(well before May,when I first notified the Town with my official complaint)there has been significant traffic on Annable Point Road,to/from this area. It has been established through the Registry of Deeds that Mr. Neath does not own the property when he told me he did;the plot adjacent to his(east) and abutting(west)of the 344 Annable Point Road private drive, but he continues to use it. Based on your email this morning, I am curious to know if this will be the first time someone is coming out to Annable Point Road to observe? Has any investigation been performed (to date) based on the activities reported by me or my neighbors? Have some observations been made from public areas, or other areas? must be frank, I find the timing of this Annable Point Road "observation" to be short-sighted for this reason:this time of year is more "dormant" regarding landscaping activity and the significantly lower temperatures are not conducive to a- lot of outdoor landscaping projects (except maybe snow plowing). Due to the time of year, I expect the traffic to be negligible, so any observations conducted over the next several weeks, until at least mid-March, may provide findings of no significance. Because of this, I expect observations will be performed over the next 5 months, from now until at least mid-June. This will give a better idea of what is going on during the "Peak" landscaping period, and to truly determine if this is being used for his business (or personal use). I have already waited eight(8) months so a few more months are of no consequence if it allows for proper vetting of the issue. know the family at 389 Annable have called the police and filed reports(the neighbor right next door to me and adjacent to this area on both sides: his actual property behind them,and the land being trespassed to access his property). I've called and filed a Police report, and there is potentially another report from the family at 416 Annable. Has the investigator contacted the Barnstable Police dept.to obtain the records of-these complaints? Would this be part of his/her investigation? I appreciate this recent communication regarding my initial complaint and follow-up inquires. I am available to,answer any questions and provide any additional support regarding this matter and look forward to working with Barnstable Zoning Department in the near future. Bottom Line: I give my express permission to the Zoning Investigator and assisting personnel to access my property at 407 Annable Point Road for the purpose of observing activities associated with Mr. Neath's property. r Respectfully, Kathy Murphy Inside Sales—W/WW (508) 942-8164 *Due to the requirements of the Federal Government and to comply with the Export Compliance Laws, End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. 3 I 'From:Anderson, Robin<Robin.Anderson@town.barnstable.ma.us> Sent:Wednesday,January 16, 2019 8:00 AM To: Kathy Murphy<kmurphy@rexa.com> Subject:Shootflying Hill Hi MS Murphy, I am trying to arrange for the Building Commissioner to go out and view the Neath property operation from various perspectives. I am wondering if it would be possible for us to view his property from your yard or driveway? If so,we would need your expressed permission to do so. Please know that we do not want to inconvenience you by accommodating this request. You certainly do not need to be there as we simply want to.be positioned correctly in order to observe some of the activity you have described from your location. Please advise me once you have considered my request. Thank you. Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026o1 5o8-862-4027 ..................:............................................................................................................................................................................................................................................................................. This email message and any attachments are being sent by Rexa,Inc.,are confidential,and may be privileged.If you are not the intended recipient,please notify us immediately--by replying to this message or by sending an email to postmaster@rexa.com--and destroy all copies of this message and any attachments.Thank you. ............................................................................................................................................................................................................................................................................................... For more information about Rexa,Inc..,please visit us at http://www.rexa.COIm CAUTION:This email originated from outside of the Town of Barnstable! Do not'click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! CAUTION-This email originated from outside of the Town of Barnstable! Do not click links, open' y attachments or reply, unless you recognize the sender's email address and know the content is safe! 4 f Kathleen Murphy - 407 Annable (Annabelle) Point Road Centerville, MA 02632 September 5, 2018 Dear Robin Anderson, Thank you for taking time with me this morning to discuss my concerns regarding the use of my residential road for unauthorized commercial use. To recap our conversation, I registered a formal complaint on May 15, 2018 with the Barnstable Zoning Department. This complaint was a result of multiple incidents with large landscaping vehicles traversing this narrow road over a couple of months. This culminated with a commercial semi-truck backing down my street at 5:38 am that day(May 15th) to unload landscaping materials to the back side of 900 Shootflying Hill Road (via Annabel Point Road). The property identified as 344 Annable Point Road had recently sold (fall of 2017), so this incident prompted me to investigate the Barnstable Registry of Deeds on-line to determine if this property was conveyed to Michael Neath,who resides at 900 Shootflying Hill Road. At that time, I discovered the parcel of land he was using for access was still listed as owned by"Welch Trust" and no easement was listed as granted for Mr. Neath's use. I was assured by the Zoning Department that an investigation would be started to investigate this matter. Annable Point Road is approximately 10 to 12 feet wide and cannot facilitate two-way traffic easily.The presence of a semi-truck down this "road" blocks the entire road width, potentially isolating the lower portion of Annable Point Road and Lakewood Drive.This could cause problems, prohibiting Fire/Medical access during an emergency. Three weeks later, on June 2, 2018, 1 witnessed 2 very large landscaping vehicles hauling landscaping debris down the road into the "woods" portion of Annable Point Road: one at 8:30 am and another at 8:55 am. This prompted:a call to the Barnstable Police to register a complaint. An Officer responded and arrived at 9:40 am. I explained the situation and he said he would investigate and speak with the neighbor. Later that day Mr. Neath and his 10-year70ld son stopped at my home to ask me why I called the police. I explained that the traffic associated with his "business" (whether personal or otherwise) was a nuisance to the residents on Annable Point Road and I suggested he should utilize his own access off of Shootflying Hill Road (900 Shootflying Hill Road)to conduct his business. It doesn't make sense that residents on a "dead end" street should be subject to his noise when he has access from the main .road. This is becoming a civil matter regarding"trespass and nuisance". Michael Neath, the neighbor that resides at 900 Shootflying Hill Road (Centerville) abuts to my property to the`south, behind me. This neighbor owns a landscaping business and has "supposedly" purchased a parcel of land from the previous owner of 344 Annable Point Road that is adjacent to his property(east) and boarders Annable Point Road (the ancient road portion in the woods) on the western side. As noted above,this property at the Registry does not note this parcel has conveyed to Mr. Neath, nor does it list 4. access/easement granted for his use. " Another.issue of concern is my invalid neighbor residing at 416 Annable Point Road. Tom and Jessica White and their son moved into the neighborhood in September of 2017. Jessica has Multiple Sclerosis Ior-some other degenerative nerve disease and is homebound. She is subjected to this constant traffic noise during the week days while she should be able to exist in peace and quiet. No one would expect to purchase a home on a dead-end street and be subject to the incessant disruptions from the truck noise. I commute off cape every day my job so my experience with this situation has been limited to.weekends mainly.`I have discussed the noise and truck traffic with my neighbor(the White's) and they are also very agitated by the disruption. I wanted to provide some background information to support my complaint. I am available to discuss this issue in further detail if needed. I can be reached via email at kmurphv@rexa.com or via phone at (508) 942-8164 (cell). Hook forward to hearing from you in the near future. Thank you, Very.respectfully, xathleen Murphy i Anderson, Robin To: Kathy Murphy (kmurphy@rexa.com) Subject: " FW: 900 Shootflying Hill Road Complaint Hi Ms. Murphy, As a result of your recent email I am compelled to advise you that I have escalated this request directly to the Building Commissioner for his attention.In fact,I have spoken to him about this case just before the holidays. Unfortunately,he was scheduled to be off through the end of the first week in January and was unable to address the issue before he left. However,I will make sure that the Building Commissioner is well briefed about the matter and I will prompt him to go out to assess the situation himself when he returns.I will also provide him with your email address in order that he may contact you should he need to ask you any questions or perhaps share information with you. I am sure he will be in touch with you after next week. Thank you for your continued patience with this situation. 0 g9&. Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 5o8-862-4027 From: Kathy Murphy [mailto:kmurphy@rexa.com] Sent: Monday, December 31, 2018 6:40 PM To: Anderson, Robin Subject: Re: 900 Shootflying Hill Road Complaint Hi Robin, I just wanted to provide a bit more info regarding this issue:, I had last week off from work, and I witnessed at least three more large landscaping vehicles transporting debris back and forth up Annabelle Point Rd.There was another yesterday and another this afternoon that 11 witnessed. I know you stated that the investigation is on going but something needs to be done. Someone should'contact me other than emails.This is very disappointing, the duration of the investigation is going on 8 months, I don't understand and cannot understand unless someone reaches out and explains.- I appreciate any additional information you can give. Respectfully, Kathy Murphy Kathy Murphy Applications Engineer W&WW/ East (508) 942-8164 1 From:Anderson, Robin <robin.anderson@town.barnstable.ma.us> Sent: Wednesday, December 12, 2018 3:17 PM To: Kathy Murphy Subject: RE: 900 Shootflying Hill Road Complaint Hi Kathy, I'm so sorry this matter seems to be dragging on and is disturbing to you and the neighbors.First,please know that this is absolutely the correct office in which to inquire about these types of matters. I must also clarify that we are unable to report information during an active investigation. What I can tell you right now is that it appears that Mr.Neath did not purchase the lot behind him as you had indicated in your letter.Town records as well as the Registry of Deeds show that a Mr. Reasoner is the current property owner having purchased it on 9/29/17. I did not see any other activity with regards to this lot. The inspector that reported to this site as a result of your inquiries is out of the office at the moment but I will forward your mail to him in order that he may communicate with you directly when he is available and provide a status update. If the matter is closed out,he will be able to share that information. I believe that we all recognize that there are many nuances to this situation that must be reviewed and analyzed before a final determination is made. Ultimately,the matter is not as simple as it appears on the surface and it is my understanding that the matter remains on his list. Thank you for your continued patience with this matter. 0,t9hLa Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi ` 5o8-862-4027 From: Kathy Murphy [mailto:kmurphy@rexa.com] Sent: Wednesday, December 12, 2018 12:38 PM To: Anderson, Robin Subject: [ Probable SPAM ] RE: 900 Shootflying Hill Road Complaint Good Afternoon Robin, I am checking back with,you to see if you have any information about my complaint that I initiated back on May 15th and subsequently inquired about on Sept 51n To date;no one from Barnstable's Zoning Department or any other Town Agency has contacted me with any information. I appreciate you taking the time back in September to listen to my concerns and provide your contact information so I could send more detailed background pertaining to the issue (see attached, previously provided). Please help me understand the lack of communication regarding this matter? Is there another office I should be contacting? Is this matter so involved that it takes several months to investigate? Are there affiliations that Mr. Neath has with local officials that have led to this matter being put aside/ignored? I was told back in May,July and again in September that this matter would be investigated. As a tax-payer and concerned citizen I am frustrated. I have yet to hear from anyone concerning my situation. I would appreciate some form of communication regarding my inquiry. I can be reached via email, and phone number below. Thanks you for your time, your prompt attention to this matter is greatly appreciated. 2 c Very Respectfully, Kathy Murphy Inside Sales —W/WW (508) 942-8164 *Due to the requirements of the Federal Government and to comply with the Export Compliance Laws End User and q pY p p Final Destination information must be provided on all quote requests in order for REXA to present you with an offer. From: Kathy Murphy Sent:.Wednesday, September 5, 2018 2:00 PM To: Robin.Anderson@town.barnstable.ma.us Cc.: Kathy Murphy<kmurphy@rexa.com> Subject: 900 Shootflying Hill Road Complaint Dear Robin, Please find the information regarding my complaint against Mr. Neath at 900 Shootflying Hill Road attached. Let me know.if you need any additional information or have any questions. Thanks for your assistance in this'matter. Respectfully, Kathy Murphy Inside Sales Engineer W&WW/East RIEXA Inc. 4 Manley Street W. Bridgewater, MA Tel: 508-584-1199 Fax:,508-584-2525 Dir: 508-942-8164 http://www.rexa.com/ "Due to the requirements of the Federal Government and to comply with the Export Compliance Laws, End User and Final Destination information must be provided on all quote requests in order for REXA to present you with an offer." ............................................................................................................................................................................................................................................................................................... This email message and any attachments are being sent by Rexa,Inc.,are confidential,and may be privileged.If you are not the intended recipient,please notify us immediately--by replying to this message or by sending an email to postmaster Prexa.com--and destroy all copies of this message and any attachments.Thank you. s............................................................................................................................................................................................................................................................................................... 3 For more information about Rexa,Inc..,please visit us at http://www.rexa.com 4 Kathleen Murphy 407 Annable (Annabelle) Point Road Centerville, MA 02632 September 5, 2018 Dear Robin Anderson, Thank you for taking time with me this morning to discuss my concerns regarding the use of my residential road for unauthorized commercial use. To recap our conversation, I registered a formal complaint on May 15, 2018 with the Barnstable Zoning Department. This complaint was a result of multiple incidents with large landscaping vehicles traversing this narrow road over a couple of months. This culminated with a commercial semi-truck backing down my street at 5:38 am that day(May 15th)to unload landscaping materials to the back side of 900 Shootflying Hill Road (via Annabel Point Road). The property identified as 344 Annable Point Road had recently sold (fall of 2017),so this incident prompted me to investigate the Barnstable Registry of Deeds on-line to determine if this property was conveyed to Michael Neath,who resides at 900 Shootflying Hill Road. At that time, 1-discovered the parcel of land he was using for access was still listed as owned by"Welch Trust" and no easement was listed as granted for Mr. Neath's use. I was assured by the Zoning Department that an investigation would be started to investigate this matter. Annable Point Road is approximately 10 to 12 feet wide and cannot facilitate two-way traffic easily.The presence of a semi-truck down this"road" blocks the entire road width, potentially isolating the lower portion of Annable Point Road and Lakewood Drive.This could cause problems, prohibiting Fire/Medical access during an emergency. Three weeks later, on June 2, 2018, 1 witnessed 2 very large landscaping vehicles hauling landscaping debris down the road into the "woods" portion of Annable Point Road: one at 8:30 am and another at 8:55 am. This prompted a call to the Barnstable Police to register a complaint. An Officer responded and arrived at 9:40 am. I explained the situation and he said he would investigate and speak with the neighbor. Later that day Mr. Neath and his 10-year-old son stopped at my home to ask me why I called the police. I explained that the traffic associated with his "business" (whether personal or otherwise) was a nuisance to the.residents on Annable Point Road and I suggested he should utilize his own access off of Shootflying Hill Road (900 Shootflying Hill Road)to conduct his business. It doesn't make sense that residents on a "dead end" street should be subject to his noise when he has access from the main road. This is becoming a civil matter regarding"trespass and nuisance". Michael Neath, the neighbor that resides at 900 Shootflying Hill Road (Centerville)abuts to my property to the south, behind me. This neighbor owns a landscaping business and has "supposedly" purchased a parcel of land from the previous owner of 344 Annable Point Road that is adjacent to his property(east) and boarders Annable Point Road (the ancient road portion in the woods)on the western side. As noted above,this property at the Registry does not note this parcel has conveyed to Mr. Neath, nor does it list access%easement granted for his use. I Another issue of concern is my invalid neighbor residing at 416 Annable Point Road. Tom and Jessica White and their son moved into the neighborhood in September of 2017. Jessica has Multiple Sclerosis or some other degenerative nerve disease and is homebound. She is subjected to this constant traffic noise during the week days while she should be able to exist in peace and quiet. No one would expect to purchase a home on a dead-end street and be subject to the incessant disruptions from the truck noise. [commute off cape every day my job so my experience with this situation has been limited to weekends mainly. I have discussed the noise and truck traffic with my neighbor(the White's) and they are also very agitated by the disruption. I wanted to provide some background information to support my complaint. I am available to discuss this issue in further detail if needed. I can be reached via email at kmurphv@rexa.com or via phone at(508)942-8164(cell). I look forward to hearing from you in the near future. Thank you, Very respectfully, .Cathleen Murphy Date: May 15, 2018 To: Building File RE: Commercial Activity in a Residential Zone Address: 900 Shootflying Hill, Centerville Originator: Kathleen Murphy 508-942-8164 Complaint: Caller reports Landscape business operating out of the above address. Large commercial trucks(semis and 18 wheelers) are traveling down Annabel Point veering right to access property from back way. 18 wheelers, landscape equipment and materials and aggregate. It is a narrow road with large commercial vehicles. There appears to be a landscape business being operated. Caller is neighbor to this property. She lives at 407 Annabel Point. Enforcement Process Steps ® 1. Initiate local investigation: Jeffrey Lauion ® 2. Document/enter into system 0 3. Contact Kathleen Murphy 508-942-8164 ® 4. Property Owner ((( ® 5. Seek access to subject property no r 6. Seek administrative warrant(if necessary)NA ® 7. Notify state authorities of findings NA ® 8. Document conclusion Open 9. Referred N.A. 10. Stop Work/Cease & Desist Order NO RD-1 Zoning District Building file reveals: s Numerous complaints on this property concerning a landscape/construction business. Thomas Perry made a determination in a letter dated April 22,2013. This letter stated the owners were not entitled to.an agricultural/exempt use. A cease and desist was to follow his determination.' ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X I ❑Agent s Print your name and`�ftress on the reverse t ❑Addressee A- so that we can return the card to you. 13.�14eceiv d b (Printed N me) C. Date of Delivery ■ .` Attach this card to the back of the mailpiece, I, (ye I or on the front if space permits. = D. Is deliver ass different f m itetn l? ❑Yes 1. Article Addressed to: M If YES, er deli,4jy add a below: ❑No W Q o�i M 3. Se Ice Typ /G.-d '60 Certified Mail VRptun ess Mail ❑Registered Receipt for Merchandise M �C ❑Insured Mail ❑C.O.D. ��J`t� � '• `� v�� 4. Restricted Delivery?(Extra Feel ❑Yes 2. Article Number :, 7 012 1010; 0 O,0 0s 2 8 4,3 7 5 0 3 (Transfer from service label) ! c a t, x PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES PO T�L�:: ' 2�i¢kF �� ' Y Q,',.,, .� First-( Posta I.:• 's Paid uSPS Permit No.G-10 _ v w.. ...y ,aa'"Mvi'rrnmrr:arznrrrnrrr� Y • Sender: Please print your name, address, and ZIP+4 in this box • TOWN OF BARNSTABLE BUILDING DIVISION HYANNIS.MA02601 I I i fill!.ji11iiiillO-h.1fll!,]jitjE!,jji!I'll IliII-liiH ij�.11l�i 5 m M Ln CO `Postage $ fu s- C Q Certified Fee t3 ReturnReceipt Fee °; PostMaik C3 (Endorsement Required) Her Restricted Delivery Fee l E:3 (Endorsement Required). c ( J I M Total Postage&Fees s flJ Sent To la ; p StreefApt. ------------- r. or PO Box No, G7 .------- - aL ... State,ZIP+4 ,J Certified Mail Provides: p A mailing receipt o A unique identifier for your mailpiece ` ,4 a A record of delivery kept by the Postal Service for two years" Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail®or Priority Maile. o Certified Mail is not available for any class of international mail. n NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a-Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". a,If a postmark on the Certified Mail receipt is.desired,please present the arti- cle at the post office for'postmark hq. if a postmark on the Certified Mail receipt is not needed,.detach and'affix label with postage and mail. I" , IMPORTANT:Save this receipt anit present it wh'en;making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 Town of Barnstable ,THE 1 q. Regulatory Services � Thomas F.Geiler,Director iMWMBLE. ' Building Division Mass. 1639• �� Tom Perry, Building Commissioner f0 �s 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 22,2013 Michael Neath Jacqueline Herrera,TR 900 Shootflying hill Rd Centerville,MA 02635. Re: Michael P.Neath Landscape&Construction Property ID: Map 192 Parcel 051 Locus: 900 Shootflying Hill Rd,Centerville Zoning: RD-1 Single-family Residential Zone Dear Mr.Neath&Ms Herrera, Please be advised that I have had occasion to carefully review your operation at 900 Shootflying Rd. I have also given great consideration to your claim of an agricultural exemption. As a result,I must now inform you that I find the subject activity to in fact be commercial in nature and not in keeping with the intent and spirit of the agricultural exemption as claimed. I also find that you have either failed or are unable to sufficiently demonstrate that your operation meets the necessary state requirements to officially secure an exempt status. I'm inclined to remind you that the onus remains on the party assuming the liberties of the exemption,to prove the claim is in fact legitimate. I have concluded that this operation is consistent with a landscape construction business and not a distinct and exempt agricultural use. I am unable to ignore the various pieces of heavy equipment(consistent with construction services)often observed on this property in addition to noting you employ a crew of workers exceeding fifteen. Ultimately,I must address the many disturbances and violations reported by your abutters and consequently a cease and desist order will accompany this determination. Be advised that you retain the right to challenge this decision. In the event that you desire to appeal,the ZBA has the authority to review this matter. An immediate filing will stay the enforcement order while the hearing is pending and until such time that the Board hears the appeal. Sincerely, Tom Perry Building Commissioner J:\Illegal Apartments\900 Shootflying Hill Neath Letter 04122013.DOC THE Town of Barnstable *Permit# � � Expires 6 months from issue date Regulatory Services Fee BAMSTABM 6 Richard V.Scali,Director f7o. A,� Building Division Tom Perry,CBO,Building Commissioner 200 Main Street,Hyannis,MA 026 �® www.town.bamstable.ma.us Office: 508-862-4038 SEP 14 2(&`ix: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDE TIAL ONLY Map/parcel Number l9)_ O 51 , Not Valid without Red X-Press lmpri tI U�" b A h IV Z)I A B L E ��;; r 1 Property Address 90 0 5t00_i'f f;,15 �1 l ( (, ?d/n 4, /,,g - •Pry"I ley_ [Residential Value of Work$1'5 Z Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address G k a q6 o Shwa-{-->{'�yt;, I: rr C'�.t v►l l M/. 2 Contractor's Name ALE 'nw,J q�A I /Jt;5pl( Telephone Number N0 1 R ?O(D Home Improvement Contractor License#(if applicable) / 73 q 57 Email: Construction Supervisor's License#(if applicable) Oq S 7 O 7 [�<orkman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ Prm the Homeowner I have Worker's Compensation Insurance Insurance Company Name Czf7/zaA (✓ Lett, azd S Workman's Comp.Policy#�� 315620 F 1 Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) Y sideaFee-side Windows/doors/sliders.U-Value . 3 C7 (maximum.32)#of windows `7 #of doors: ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. 'Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property wner must sign Property Owner Letter of Permission. A copy the Home Improvement Contractors License&Construction Supervisors License is require SIGNATURE: C:\Users\Decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\2PIOI DHR\EXPRESS.doc Revised 040215 k 7. Agireem, ent Term f e r ' db;u Raw.-mil N Andersen.oFSowlwm Nrw- Engbwd fi ha�I rA'r�arth r.easl;rra :Viuttqn Meer big U Id r'6ln3.L L c 77'MM.Flainq iiil A'C 601 N3079.1MA#193 5; CT'MSMSK iLead,Firm it-1217 tmille,Mass OZ532' m� eBupn m i;,bcn WjUnL:+ln,91wads C�'15>�1 3?-532U F>• : %�-2215 i Fay:401-63M4921 sa' renew.m1sne.-Mm +C:95=737.-J2711 C-i anal Marie- Michael Reath 06i➢cr`at-L L CiFc:0910�J'1' Cwtuiwie�s).Srii•Gee'Ad,&*—.q.: 00'Shg6t Flyin ! Hill'lRCUryteryillev Ma 102. 2 . Y _B r5 Ipt�� _ (__3. � �l. lE`a,151}I 101.�' Wl�iil t_.�It��4�'�f�2 fi��•274 �$7t'EL9 -i1le I:IfJBL`b�llnarJi:G-'. �' -• . malL Am.yeo hereby l nLl:y andl SCETMAY pv�h dwe we vcrs andJ r semm;afSau >rri NmE n jW, iind imv, C➢.{`Aim a s h B1,l iw$[rs ii of a3iil acl i i a`rg;l iai➢�" axiieii3 Mhe"do-bi wecir'dific*U i@ait'MiNH Mid 0'&Jidh;6fis d+�m'b'cJ.hi dkIs Agw victim, li��r�nrd 1`'�,}'rmi;inx f'trmss.�anina:e�f�.,n!ir�I�Gimr�1� �,,�1 Caral�r.�ri-eiipr,7"�uen� �. cad.- arf 117 Q � h .Jm rG�QrL 3 E In rrmuua[i :no-�m�l .930}@N 1 lllCl3i'619'a1L�JC G13 1[S r,e,eriku b ummr,,LL 7 ieraei� li"iKla a r a ll a read)em,1 i➢mz marines'and iaecne hereinIh+y re fire (�I➢erniiiti#y; i hip"+4 cei eeresr r..�-IFlnr eclgS lii n rate, to aa?mnaPletLgrrL snriFscaai$" s ntaaei?ur.hmcomoererl.ail vmwk.under,kids ftm-menr. TWAflu�aievtiie: � a'�i Isig > cl5ns.�� rnevrt 1r�du:,ee�inL+RIrat:Fie lllacL Its �nl6 tmr_ma F 1 QE16eGi II�P,tttri �l e& �i.iBL{E c�i �Ski§'i�a�l apr fA3�i. meek ! 6! ieicit+e: Fl ,q iiftsUi jaGi€nns'Hawed 4a diuTc of the s ymd&n.gr m and sa�'m dl➢r ark ' n@ the d.ite eq se$ia�h'Me awmpl ehae A ia7®9,ieicri suteaneerts_T6,inst.�ili rinn mate it6ii' ' t l� pmi&!!,Dg as tbis time is GiR1?mi .csfttnate.We,krill,ci<m'munimic an official dam �012fica 6 1 i3rl eniiae 3;i9tGtd i:iite R:iniiu axial ties it a eeetLt�a aivL' tnL o rreritll�i ih 6rre garinstiblell bx' d3el'a)l_ gq,yc*)Ap.-mes and ienderscu b&dm'd1nts Aptemend'weaimeres dre cendw.umJ,--s LrkV bc.vwccv,the pants m.d efhm:'G &crz ate no maw ueLeite i inMi-1g,diAh8 g Of b4Wirykig inn of d c merflu Ol duh.Agweil kftl :N0;k@ec,�i is-roar dev.1adanAAmsib,WS Agt c�itiwcm%-w' l'I�r YAW widmi 'he siipml,wrim nwoo t of boob'rhe.Biwa. CAni;sarr,ir Buya Apeemcalp u.vA rsmn4 dam'ie s of this Ap emine,and has wvi*xd a comp6ciA wed, and dae TmpY etR 's Ay��e metei 9 iin�li�+3ier3. tirr M- u zr6a.edl N%acm m+.Canoelllii:inaL,sera a:h�e daw fim w iirimm a➢xwe urad.b'Vim tidy infnrme of Bu.Nwrs �to cdrlcei skis �! eaanaBr�.. Nrl( 61C1`'➢_'i`O WNER: mlm t�&dilbu a fiat a tart N C t3NCE`T WS TRANSAMON AT ANY I ME NOT. fit T'HANt D IGHT, 1iC ' �i'1 D '[ ( ill t11 i 'llk' ]Ell T i�1: 'I SAS'�'R1 :#'l '�ON 1 F L 1'1fN t :DAME! L�IUD S lEE C It IM,ACHED 14 �4 4 F C Y IT,t0kk.FORM 71 O AN )1ANATION OF TMS IGWE su.'smel6m Kmw-EnzfimdlWwdwws,LILp nr�a Aw Ll A(QvAmd�rseruof. cm pn-clan J Michael Math ` i'¢rer ae�e as ilLv[aeiaueii Print►,"�cn€ io-rai5e t`+la:i®t r9dS31 'i PJ43Ie 2 a' R,D f Southern New England Windows d.b.a Renewal by Andersen of SNE - Massachusetts Department of Public Safer =oar d of SuIld;ng Regulaticns and Standalcs CS-095707 51 BRIAN D DENNISON 7 LAMBS POND CIR�� CHARLTON MA 01 0 . . D ;ter,;;Iss 10 ter ew Office of Consumer Affairs And Business Regulation 10 Park Plaza-Suite 5170 Boston,Massachusetts 02116 Home Improvement,Contractor Registration Registration: 173245 Type: Supplement Card SOUTHERN NEW ENGLAND WINDOWS LL Expiration 9/192018 DENNISON BRIAN 26 ALBION RD LINCOLN, RI 02865 Update Address and return card.Marie ream for thaope --......._............. ..: ._:.-------------....__---- ----------�7►ddraa._0..Rmewa'L.0.Employoeof�I,eef�id - - AMA-1�6 a0a►05Mt cy - C�/ae iVown�oHa�m�a�A�mao�ne0' of Coaaner Aff i.&Bariseo Regalatio■ License or registration valid for isdividul an only . E MCROVEMENT CONTRACTOR before the expiration date. V found return to: Office of Consumer Attain and Business Regulation WON60n: 173245 Typo le Park Plea-Sons 5170 *EAM"M WIWMI6 Supplementd-ard Boston,MA 02116 SOUTHERN NEW ENGLAND WINDOWS LLC. RENEWAL BY ANDERSON DENNISON BRIAN . 26 ALBION RD. 0 LINCOLN.RI 02W5 UaderseereLry - Not valid without signature . The Commonwealth of Massachusetts Depaift ent of IndustrialAccidents I Congress Street,Suite 100 Boston,NIA 02114-20I7 lvwlusnass_Jov/ilia Zlol-leers'Compensation InsuranceAfSdavit:Builders)Contractors)Electrlcians/Plumbers. TO BE FILED'R7TH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name(Business,'Organization%Individual)- address: - d City/State/Zip: $ I,> Q)AZ 9' Phone Ak Are you an employer:Check the appropriate box: Type of project(required): I i am a emptover with 201tem ployees(full and/or pan-tbne)' 7. New construction 2.171 am a sole proprietor orparinaship and have no employees working for me in 8. Remodeling any capacity.[No vLorker>'comp.insurance required.) 3.F�1 am a homeowner doing-ail work m self[No worker's'comp.insurance required.)' 9- ❑Demolition 10 Q Building addition 4.❑1 am a homeowner and will be hiring contractors to conduct all work on my propsty. I will ensure that all contractors either have workers'compensation insurance or are sale 11.0 Electrical repairs or additions proorietom with no employees. 12. Plumbing repairs or additions 50 1 am a general contractor and I have hired the sub-contractors listed on the attached sheet. These sub-contractors i nve employees and have x:or'.;ers comp.insurance' 13.❑Roof repairs 6.Q we are a corporation and its officers have exercised theirright of exemption per'.dGL c. 14.❑Other 152,:1(1),and the have no employees.1\o unrker comp.insurance required.] =Anv applicant that checks box rl must also fill out the section bciu+:•shooing their workers-compensation policy information. Homeowners who submit this affidavit indicating they are doing all work and then hit-,outside contractors must submit a new affidavit indicating such. Contractors that check this box mast atached an additional sheet showing,the name o"dte sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees.they must provide their workers comp.policy number. L I air an employer that is providing workers'compensation insurancefor itj!employees. Below is the policy arrd job site`- info.i»ation. Insurance Company dame: C_60rlQgbf2� v 5S M_RA) `AI S . B { a Policy 1 orSelf--ins.Lic.x: �� 313(go �t Expiration Date: 7- ZZ Job Site Address: !t9 0 . s4 ao7<-�I yin ( 41 l/ L, City/State/Zip: P :attach a copy of the workers' compensation policy declaration page(shoring the policy number and espira on date). Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation-punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and'a fine of up to$250.00 a day against the xriolator.A copy of this statement may be forwarded to the Office of Investigations of the DiA for insurance coverage-verification. I do hereby cerph 'rs andpenalties 1 ofpeijuly that the b1formation provided above is true and correct. n.. Signature: Date: Phone 46 1— Official rise only. Do not write in this area,to be completed by city or town official. City or Town: Permit)License Issuing Authority(circle one):' 1. Board of Health 2.Building Department 3..City/Town Clerk 4.ElectricaI Inspector a.Plumbing Inspector 6.Other Contact Person: Phone P �., SOUTNEW-01 UOLLINGER CERTIFICATE OF LIABILITY INSURANCE. DATEIMMI°D"+"Y) 612912016 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE. AFFORDED BY THE POLICIES BELOW. THIS.CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE.ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR.PRO.DUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL;INSURED,.the policy(ies)must be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CONTACT PRODUCER NAME; CoBiz Insurance,Inc.-CO ac°NN ;(303)988-0446 a No):(303)988-0804 821 17th St Denver,CO 80202 ADDRESS:COBizfnsumn cobizinsurance.com INSU AFFORDING COVERAGE I NAIC# INSURER A:Continental Western Insurance Company 110804 INSURED INSURER B Southern New England Windows LLC INSURER C: D/B/A Renewal by Andersen INSURER D: 26 Albion Road Lincoln,RI 02865 INSURER.E: INSURER.F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE.LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM:OR CONDITION:OF ANY CONTRACTOR OTHER'DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE.INSU..RANCE AFFORDED BY.THE.POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES:iIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. INSR TYPE OF INSYRANCEAIJULIbUISKI LI EFF -POLI LIMITS LTR INSD"VIVID POLICY NUMBER MIDD MMID A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 CLAIMS►u�ADE OCCUR CPA3136080 07/01/2016 07101/2017 PREMISES Eaoxurrence $ 1.001000 I I I MED EXP(Any one person) $ 10,00 �I I PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: j GENERAL AGGREGATE $ 2,000000 j X POLICY�JE 0- 1 LOC PRODUCTS-COMP/OP AGG $ 2A00.000 OTHER: ! EMPLOYEE BENEFI $ 2,000,000 COMBINED SINGLE LIMIT $ 1,000,600 AUTOMOBILE LIABILITY I Ea accident A XHI ANY Atn� ICPA3136080 ! 07/01/2016 07101/2017, BODILY INJURY(Per person) $_ I ALL AUTOS ED �I SCHEDULED BODILY INJURY(Per accident) $ NON-0WNED i PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per-amtlent $ X UMBRELLA LUAB X OCCUR EACH OCCURRENCE $ 5;000000 A EXCESS LIAR cLA1M5 MADE CPA3136080 07/0112016 07/0112017 AGGREGATE $ OED X RETENTION$ 0 Aggregate $ 5;000;000 WORKERS COMPENSATION STATUTE ERTH- ANDEMPLOYERS'WIBILITY YIN CA3136081 07/01/2016 07/01/2017 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? a i E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatorydn NH) If yas,desaibe under E.L.DISEASE-POLICY LIMB $ 1,000,600 DESCRIPTION OF OPERATIONS below i l l I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Addltlonal Remarks Schedule,may be attached B more apace Wmqulmd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE'WrrH THE POLICY PROVISIONS. J AUTHORED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD DATE: March 29,2013 TO: Building File FROM: R. Anderson RE: Complaint—Operating Business LOCUS: 900 Shootflying Hill Rd, Centerville M&P R192-051 Zoning: RD-1 This property is a developed residential property consisting of a 5 bedroom, 2-story home on 2.2 acres in the RD-1 residential zone. The record owner is identified as Neath Family Trust, Jacqueline Herrera, Tr. The property has been the subject of numerous and continuous complaints concerning an on-site landscaping and construction company (Michael P. Neath Landscape Construction). The complaints concern the unsightly commercial appearance of and the installation of hoop style shelters used for the cultivation and maintenance of plants. Additionally, the caller identifies the continuous and unabated noise generated from heavy equipment. Mr. Neath uses this equipment to relocate and distribute materials and large potted trees. The resulting noise and vibrations disturb the quiet enjoyment of the surrounding properties. The property was reported in former days to be quite vegetated with a thick landscape buffer running along the property lines. In recent times,this buffer has been significantly compromised by the removal and death of multiple trees (the cause of death has not been officially determined). Some vegetation has been cleared in order to accommodate hoop ' houses and rows of plants and trees. The original hoop house has been installed on top of a tennis court in the far corner of the property abutting Annable Point Rd. The noise and vibration emanating from the heavy equipment is now more pronounced and is especially offensive as the duration exceeds 5 and 6 hours at a time (It should be noted that Mr. Neath admitted this to me during a phone conversation earlier this month). On line, Mr Neath reports only a post office box and not the subject residential address. A photo on his home page contains 18 people. A property record search confirms that Mr. Neath has a commercial condo in Hyannis as the official home of his business. He argues that he falls under an agricultural exemption. No public activity has been reported whereby Mr. Neath invites the public to peruse his property and select plants or trees. He claims to drop ship his orders and he grows many of his own plants,vegetables and trees on site in accordance with the agricultural exemption under 61 A. There are specific requirements to be met in order to secure the benefit of an exempt status under 40 A. Parcels consisting of 2 acres or more require that the cultivation of horticultural products must generate a$1,000.00 per acre annually. It is conceivable that Mr.Neath could in fact satisfy these criteria given the rows large potted trees noticed during an inspection last year. See below for 40A and definitions Section IA Chapter 128 Section 1A. "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. Chapter 40 A Zoning Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term "agriculture" shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock v 1 shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises. Having likely determined that the cultivation, nurturing and maintenance of plants and trees likely is consistent with 40A,the remaining issues are the installation of additional maintenance structures, noise and vibration. Under the state building code,permits are required for all permanent structures meeting the state definition. These hoop structures are not considered to be permanent as they are portable. The noise ordinance is currently being reviewed. It is anticipated that all day activity involving heavy equipment may be considered a violation of the noise ordinance. The noise and vibrational aspect should be logged and reported to the police department for documentation of a nuisance. It should also be noted that during a recent conversation with the complainant, I suggested that the abutters explore options involving a civil action against Mr. Neath for the impeding the quiet enjoyment of the complainant's property. Opinion While it appears that 40A has tied our hands with regards to the cultivation and distribution of horticultural items on site, I believe the line is blurred with regards to the construction aspect of the landscape construction business. Mr. Neath seems well versed in the boundaries and loop holes of 40A but I need ask when does one cross the line into that of a commercial nursery? Commercial projects require a review process and if necessary zoning relief for an inability to preserve the bulk regulations outlined in the local zoning district. It seems to me that Mr. Neath is always engaging in some home project that requires his machinery and crews to be on site. He has identified the following projects: rock wall, Koi pond, swimming pool, relocation of wood pile (intended to heat his home), etc. He has an endless list of conveniently proposed improvements. While I understand that 40A gives great leeway to the cultivation and maintenance on site of horticultural products, I do not believe the intent and spirit of the 40 A allowance was to ever impede the quiet enjoyment of the abutters or impact them with all day noise and vibrations. Mr.Neath, in my opinion has taken full advantage of his claim to 40 A exempt status with a total disregard for his neighbors. Recommended Action • Mr. Neath should demonstrate to the Building Commissioner that he has met all of the criteria under 40A as an agricultural exempt use. • The Building Commissioner should perform a complete inspection to: Determine the intensity of the use, the number and secure installation of all temporary structures • Mr. Neath should be required to install additional landscape buffers and eliminate or limit the reliance on heavy equipment on site. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. 77dal /�, /� item 4 if Restricted Delivery is desired. X �-(/V ❑Agent ■ Print your name and address on the reverse El Addressee so that we can return the card to you. B. Received by(Printed Name) C./D��ate f Delivery ■ Attach this card to the back of the mailpiece, V or on the front if space permits. D. Is delivery address different from Rem#? ' Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Se Ice Type CIO o l d I A A. L`ertmed Mall ❑Express Mall oLh (- ❑Registered etum Receipt for Merchandise e9 1�F pt � oc ❑Insured Mail ❑C.O.D. 6 �4 3,Z)— 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 0 Y ,'f.rr :' ' (Transfer from service label 1#Y` r t +7�'0 9 +1`6 8 0+U 0'0 0 3 2 7 2 t 0 5-15- I I PS Form 3811,February 2004 Domestic Return Receipt 102e95-02-M-1540 UNITED STATES POSTAL SERVICE ybs�a�e Paid .e epm.. �a1�e8Yfn xPr.'il lllll IVL� ~��l\ t. • Sender: Please print your name, address, and ZIP+47in this box ' -, TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYANNIS,MA 02601 ..v .._...,. .F.i�!3E!34�?iFf3!1f�S}iF}ii�SFFlilit1S11FFF4F}3iiFSlF!�436it}�}{ &a @MdIE@o Ln rq C3 ru C R'01ILP10621ALS rru Postage $ $0.44 0601 0 Certified Fee $2.80 gdSn C3 Return Receipt Fee Postmark Here M (Endorsement Required) $2•30 O Restricted Delivery Fee f_ (Endorsement Required) $0.0�1, 01�O ' f co � �Total Postage&Fees $ $�•J4 2010 IAI Q. Sent To rr p [� --PO Box No. 9.0.0 City,State, 4 m fl :rr am FTITIT., Certified Mail Provides: o A mailing receipt n A unique identifier for your mailpiece a A record of delivery kept by the Postal Service for two years Important Reminders: Rio;, " :3 111111.l(i"T" ® Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. ■ Certified Mail is riot available for.any class of international mail. e NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,'.please.consider Insured p Registered Mail. e For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt-service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®_postmark on your Certified Mail receipt is required. a For,,an add.itional�fee}delivery•a;may; be restricted to the addressee or addressee's'auihoriied agent.Advise the clerk or mark the mailpiece with the endorsement Restricted Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 e Town of Barnstable Regulatory Services �tHe tom, .Thomas F.Geiler,Director Building Division sARNSTABLE, ` Tom Perry,Building Commissioner y MASS. 1679• 200 Main Street, Hyannis,MA 02601 CFO MA'l A at - Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Jacqueline Herrera, Trs, Neath Family Trust, & Michael Neath4Landscaping and all persons having notice of this order'. As owner/occupant of the premises/structure located at 900 Shootflying Hill Road, Centerville Map 192 Parcel 051,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are , ORDERED this date,March 11,2010 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or,at the above mentioned premises. - n SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 11 RD-1 Residential District Single-family residential zone 2. COMMENCE immediately,actionto abate this violation. , SUMMARY OF ACTION TO ABATE: ' Operation of commercial landscaping and/or landscape construction company, storage of associated commercial equipment, materials and employee vehicles. ,Clients, employees and sign'age also prohihited on site, And, if aggrieved by this notice and order;to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable, a Notice of Appeal(specifying the ground thereof) within'thirty(30)days of the receipt of this order,(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws): M If, at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken: .By order, e Robin C.Anderson i Zoning Enforcement Officer 508-862-4027 - QNORMS/viozonel - " .. . " - • .. .. .. a ,. `. hh.... . rMF110E V DAT "'-/C) OF N/vl: a PHL►NC�' ❑FAX RET€JRNE0:+ PHONE ❑Moen e Yi?UF L AREA COD€ NYMBER EXTENSI N MESSAGE Cc . PLEAEzAi G' 11UILL�fiL1. :. 1VlE T SEE3EY= 1V#I TS Eu SIGNED _ FOfiM 4003 lk — r NC1T � u�•--.., t. s Barnstable Assessing Search Results Page 1 of 2 Home:Departments:Assessors Division:Property Assessment Search Results New Search New Interactive Maps» Owner: 2010 Assessed Values: HERRERA,JACQUELINE,TRS NEATH FAMILY TRUST 900 SHOOTFLYING HILL RD 2010 Appraised Value 2010 Assessed Value Past Comparisons Map/Parcel/Parcel Extension Building Value: $332,500 $332,500 Year Total Assessed Value- 192 /051/ Extra Features: $7,100 $7,100 2009-$609,400 Outbuildings: $72,500 $72,500 2008-$685,600 Mailing Address Land Value: $142,500 $142,500 2007-$671,800 HERRERA,JACQUELINE,TRS 6 2006-$640,500 NEATH FAMILY TRUST 2010 Totals $554,600( 1n �, $554,600 900 SHOOTFLYING HILL RD 900 SHOOTFLYING HILL RD CENTERVILLE MA.02632 I� V 2010 REAL ESTATE Tax Information: Tax Rates:(per$1,000 of valuation) Community Preservation Act Tax $129.28 Fire District Rates Town Residential Barnstable FD-All Classes $2.43 $7.77 C.O.M.M.-All Classes $1.26 Town Commercial C.O.M.M.FD Tax(Residential) $698.80 Cotuit FD-All Classes $1.56 $6.87 Hyannis-Residential $1.82 Town Tax(Residential) $4,309.24 Hyannis-Commercial $2.88 W Barnstable-All Classes $2.28 Community Preservation Act 3%of Town Tax Total: $6,137.32 Construction Details Building Property Sketch & ASBUILT Cards Building value $332,500 Interior Floors Hardwood Property Sketch Legend Style Modern/Contemp Interior Walls Drywall Model Residential Heat Fuel Oil Grade Average Plus Heat Type Hot Water ; �rf D Stories 2 Stories AC Type None _ti � � �� "Q^► �� , t " ) Exterior Walls Clapboard Bedrooms 5 Bedrooms �-r. • Roof Structure Gable/Hip Bathrooms' 2 Full+2H Roof Cover Asph/F GIs/Cmp living area 3781 Replacement Cost_ V82139 Year Built 1976 "1 ' '_� a r Depreciation 13 Total Rooms 9 Rooms Land CODE 1010 AsBuilt Card N/A Lot Size(Acres) 2.2 Appraised Value $142,500 http://www.town.bamstable.ma.us/assessing/2010/displayparcel l 0map.asp?mappar=192051 3/10/2010 Barnstable Assessing Search Results Page 2 of 2 Assessed Value $142,500 ` ; View'lnteractive Maps Sales History: Owner: Sale Date Book/Page: Sale Price: HERRERA,JACQUELINE,TRS Jul 10 2009 12:00AM 23878/47 $1 NEATH,MICHAEL P Feb 14 2002 12:OOAM 14822/90 $1 WALSH,BRIAN P TR May 18 2001 12:OOAM 138471192 $375,000 RAYNHAM MARKETPLACE INC May 19 2000 12:OOAM 13020/301 $312,000 JONES,LINDA M Nov 24 1975 12:OOAM 2265/339 $0 Extra Building Features Code Description Units/SQ It Appraised Value Assessed Value FPL2 Fireplace 1 $3,600 $3,600 FPO Ext FP Opening 1 $1,200 $1,200 SNA Sauna Unit 1 $2,300 $2,300 TEN Tennis Court 7200 $46,700 $46,700 SPL3 Pool Gunite 512 $22,700 $22,700 i SHED Shed 220 $3,100 $3,100 Property Sketch Legend BAS First Floor,Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/2010/displayparcel l 0map.asp?mappar=192051 3/10/2010 Town,of Barnstable *permit# Expires 6 months from issue d Regulatory Services Fee Thomas F.Geiler,Director ©� Building Division " Tom Perry,CBO, Building Commissioner 200 Main Stred,Hyannis,MA 02601 44c www.town.bamstable.ma.us Office: 508-862-4038 ' Fax: 508-790-6230 EXPRESS PERNIIT"APPLICATION RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Q Property Address 90 60�7� �l esidential ' Value of Work$ /5�� Minimum fee of$35.00 for work under$6000A0 t r Owner's Name&Address ULli�iz: lTPrI` Contractor's Name �/ Telephone Number Home Improvement Contractor License#(if applicable) /� " Email: Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one:: El I am a'sole proprietor 2"I am the Homeowner; ❑ I have Worker's Compensation Insurance Insurance Company Name A114 Workmares Comp.Policy# Copy of Insurance Compliance Certificate must accompany each permit.' �n //Permit Request(check box) �� D'Re-roof(hurricane nailed)(stripping old shingles);All construction debris will be taken to Re-roof(hurricane nailed_)(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximum.35)#of windows #of doors: pM : ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&.Fire Permits required. a 'Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic;Conservation,etc. ***Note: Property Owner must sign.'Property Owner Letter of Permission. A copy of the Home Improvement Contractors License&Construction Supervisors License is required. SIGNATURE: C:\UserAdeeollek\AppData\L \Microsoft\Windows\Tempoiary Internet Files\Content.Outlook\8R76BDVA\EXPRFSS.doc Revised 061313 r Town of Barnstable . BAMMABM • Regulatory.Services - Thomas F.Geiler,Director Building Division ' =Tom Perry,.Building Commissioner 200 Main Street, Hyannis,MA'02601 www.town.barnstable ma.us Office:` 508-862-4038 Fax: 508=790-6230 HOMEOWNER LICENSE EXEMPTION 1. Please Print DATE: l JOB LOCATION: '�' -/ � t. ,;� G G��tj G'j 171•// C I numb str6et village "HOMEOWNER : ,` r�VC�/.� name n. nz home phone#1. work phone# CURRENT MAILING ADDRESS. Q U 77 fG� cityhown state `' zip code The current exemption for,"homeowners"was extended to include owner-occupied dwellines.of six units or less and to allow homeowners to engage an individual for hire who does not:possess a license,provided that the owner acts as supervisor. DEFINUION,OF HOMEOWNER Person(s)who owns'a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- 4 family dwelling,attached or detached structures accessory tosuch use and/or farm structures. A person who constructs more than one home in a two-year period shall'not be considered a homeowner: Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official;that he/she shall he responsible for all such work gerformed under the building permit. (Section 109.1.1) ' 5 , k The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that helshe understands:the Town of Barnstable Building Department minimum inspection procedures and requiremen 'and that he/she will comply,with said procedures'and requirements. € - Si a of meowner• • bar .. k. .. Approval of Building Official Note: Three-familydwellings containing 35,000 cubic feet or larger will be required to comply with.the State Building Code Section 127.0 Construction Control.: HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner pekormingl work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)'for hire.to do such work,that such Homeowner shall'act as supervisor." Many h1.omeowners,who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,•Section 2.15) This lack of awareness often results in;serious problems,pa"rticulariy,when the homeowner hires unlicensed persons. In this case,our Board cannot proceed againstahe unlicensed_ person as it would with a licensed Supervisor.The homeowner acting as'Supervisor is ultimately responsible: C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\8R76BDVA\EXPRESS.doc Revised 061313 The Commonwealth of Alassachusetts s , Dquartment of In#ustraal Accidents O, ce of Investigations 600 Washington Street . Boston,MA 02111 ywww.massgov1dia Workers' Compensation'Insnranoe Affidavit.Builders/Contracim.s curie ans!Plumbers Apphcant Information Please Print '� r Name(Budneu'olgaaizaoonrto ,sl): � ' Gc �/ A Li d City/StatrlZip: �P� °/�/�%P Phone; Are you an employer?Check the appropriate bos: T of project 4. I am s era!contractor and I ypPe. P ] (e'equired) L❑ I am a employer,with ❑ 6.- El New ccnstntetion. employees(full:and/or pact=time).* have lured the sub-co:itractbrs 2..❑ I am a sole proprietor or partner-- listed on the a9tached sheet '7_•❑Remodeling ship and have no en�tployees Theme sub-contractors have 8..El-Demolition working four me-in any capacity. employees and have wadoeas' c insurance, 9. ❑Building addition [No workers'comp.insurance comp. 5.,❑ We are a cogporation and its to El Electrical repairs or additions 1 am a officers.have exercised lieh: I L Plumbing alas or additions' . 3..�am a homeowner doing.all work - ❑ g�P myself[No workers"comp: rightof exemption per MGI 12:El Roof repairs insurance,required.]t c..152,§1(4),and vie!lave.no ' employees.[No workers' 13:0'Other comp_mmance regt�ireil - 'tiny applies that checks t cm#1 mast also fd ow*e section below shmwiag thek w&ReW ontnpeasatLrnm policy imfor111aliCILL Hameawnws who submit this affidavit mdYcatiag they axe daimg all weak and then hire outside contractors email submit a new affidavit imdicatimg such tCentractors that check ibis ban must attached au additional sheet showing the names of the sub-canna ctois and state whether at not those ew tks baee. employees. Iffthe s Caatm;ctaes Gave e>orplvFees,.iheymustpmvide their warkers'comp;policy giber. I am a►!employsr that is prom ft w vrkers'eongmnsation irlstlrrince far�y elirployees: Below is the policy aridJob sYhs information, Ins�uance.Company Name _ Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: ' b City/State/Zip: . Attach a copy'of the workers?•compensation policy declaration page(showing the policy number and expiation date). Failure to secure coverage as reg under Section 25A of MOL c..152 can lend to the mzpositign of criminal penalties of a. . fine up to S 1,500.00 and/or one-year impnsona k,as well as civil.penalties in the form of a STOP WORK ORDER and a fide of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of. Investigations of the DIA-for insurance coverage verification. , I do hefts certi av the ns Qnd allies, 't; the by pm Pen moped r!' t the infolwtQtion providded above is talcs Qrld correct ; Si !I Date: Phone#: Ojff Wal use only. Do not write in:this area,to,be completed by city or town official City or Town: Permit/License Issuing Authority(circle one): 1.Board of Heath 2.Building I?epartme.nt 3.Cityffown Clerk 4.Electrical Inspector•S.Plumbing Inspectors r 6.Other } Contact Person: Phone#c , 6 y. . YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates(cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. DATE:% �2 Fill in please: APPLICANT'S YOUR NAME/S: (Gbh BUSINESS YOUR HOME ADDRESS: U t� -�U2Co� 2- :. i J' t ' TELEPHONE # Home Telephone Number S-O l .NAME OF CORPORATION TYPE OF BUSINESS NAME.OF NEW BUSINESS' IS THIS.�A HOME OCCUPATIONS YES NO �I Z O ;I Assessin ADDRESS OF'BUSINESS :,.0� Ul3I 1✓1 l i . ewtl� YUIi� .. MAP%PARCEL NUMBER ( g) When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable."This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. &Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S OFFICE This individual has been informed of any mit requirements that pertain to this type of business. . Authorized Signature* COMMENTS: o 6 1 ^j _ 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature* COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: 900 Shootflying Hill Rd . , Cent 7/20/2011 a a a` k .. - • *' '�jtr .p ram S d • 11 • • • ' • - 1 1 `t, s: try � �t �( •y ',�(! � �� • • r . _ s n� 'tiyf, art- 1 � zy a its • 11 • • • ' • - 1 1 F Am6a _ . s .. � At, + ' i Jam. •. 1 -44 ii Ao Awl ;.. ♦+ • • _ -��,}',. fir- 'i�jll 1� h.Y � � ' 900 Shootflying Hill Rd . , Cent 7/20/2011 V IV AL f� -f r 0 • 11 • • • ' • - 1 1 r 3 1• �J F 40 • 11 • • • ' • - 1 1 A. ..,. f .► - a ! .. 1� f 07 �^ , -Jr JRA- 900 Shootflying Hill Rd . , Cent. , 7/20/2013 4 1 ..•..- � 'may,} f`I�A. _ At i Mass. Corporations, external master page Page 1 of 2 V Corporations Division Business Entity results Number of records: 10 Print results Name Position Individual's Entity Name ID No. Old ID No. Address NEATH., PRESIDENT 1185 WEST MAIN MICHAEL P. NEATH 000811331 MICHAEL P. ST. LANDSCAPE CENTERVILLE, MA CONSTRUCTION, 02632 USA INC. NEATH , TREASURER 1185 WEST MAIN MICHAEL P. NEATH 000811331 MICHAEL P. ST. LANDSCAPE CENTERVILLE, MA CONSTRUCTION, 02632 USA INC. NEATH , SECRETARY 1185 WEST MAIN MICHAEL P. NEATH 000811331 MICHAEL P. ST. LANDSCAPE CENTERVILLE, MA CONSTRUCTION, 02632 USA INC. NEATH , PRESIDENT 900 SHOOT FORGET ME NOT 000923268 MICHAEL FLYINGHILL ROAD GARDENS, INC. PATRICK CENTERVILLE, MA 02632 US NEATH , VICE 900 SHOOT FORGET ME NOT 000923268 MICHAEL PRESIDENT FLYINGHILL ROAD GARDENS, INC. PATRICK CENTERVILLE, MA 02632 US NEATH , DIRECTOR 900 SHOOT FORGET ME NOT 000923268 MICHAEL FLYINGHILL ROAD GARDENS, INC. PATRICK CENTERVILLE, MA 02632 US NEATH , PRESIDENT 900 SHOOT FORGET ME NOT 000923268 MICHAEL FLYINGHILL ROAD GARDENS, INC. PATRICK CENTERVILLE, MA 02632 US NEATH , SECRETARY 900 SHOOT FORGET ME NOT 000923268 MICHAEL FLYINGHILL ROAD GARDENS, INC. PATRICK CENTERVILLE, MA 02632 US NEATH , PRESIDENT 900 SHOOT FORGET ME NOT 000923268 MICHAEL FLYINGHILL ROAD GARDENS, INC. PATRICK CENTERVILLE, MA 02632 US http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSearchResults.aspx 5/15/2018 Mass. Corporations, external master page Page 2 of 2 NEATH , TREASURER 900 SHOOT FORGET ME NOT 000923268 MICHAEL FLYINGHILL ROAD GARDENS, INC. PATRICK CENTERVILLE, MA 02632 US New Search http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSearchResults.aspx 5/15/2018 • 11 • • • ' • - 1 1 r ti �I • 11 • • • ' • - 1 1 3 �+ir ,07 416 +t � i v r{ � t �:• ` k 900 Shootflying Hill Rd . , Cent. 7/20/2011 r _.( 'S _ - tip• � .! ` _ �q��,. �.� ,,f, �'� _ "- • .�' - _s' '�.JI i ^ .�:'�� i. :ems :��.�.�'+� _y �, y ,� f, b e Now pop sudIL .rr wow r IL -14 I i ` l" • 11 • • • ' • - 1 1 O'A �A .73 ANN r as. i A - s !4 4 PA.1. in.A. Oil A M F A �. S .I t ' � I 3 w S - n • 1 • • • • ' • - 1 1 i pF4'� Ar t� a '' ysyKa+�. �-�'� '�'J,. }» +� T� � }�� a' � �__� ' sr�"� f nC '.. •� �` t:,'% u All • 11 • • • ' • Ze 1 1 _ )'�r. - _ O 4N - y rr t« h i + ` ,* Ali �..`I' •'.._' �. a ''I'Irp ' 4�� .ta.. F •'� � �� , �' 1 �: r.��','..,�"+� "��-�:-•�+*"�4 ,gyp,, � ,� _,�. fir- t. : ,► ; 'JL �_. e t tea-v -_ - yrF' .sr„ .e r ..�e'"iiwi'nr�'DJM+��d'•. ^y"V all • � • ' � - i i • 11 • • • ' • - 1 1 "�•' -� � �' - `}fir wt*; ► ' ��. tG •'al * ` I. F �" ' r I�,� 'yF� 5r �� I, s �� ' }�•'' ems= F�' � '` �q.. i'Li+ rt 4; ' ] •( "4 I ;'•;0'`��• ; r+r .�-" + r }`• I r l ' t r �.+1` t w►}��?�' or lee Awwc 71 rr ffJ ,, i' .. I I � i F � •'� �t 7�•J I �� I t � Or"4.�. IY I' M � r. 11 • • • ' • 1 1 .. 1 we RA6 WI 900 Shootflying Hill Rd ,_,, Cent _ 7/20/2011 Mmow I 1 I M 1� w I �P yLL� • 11 Shootflyin ill ' • Cent 7/2 1 1 y . 9 R 1 -��A. it►1�+I:i�,. ` I R V � � 01 1 1� 900 Shootflying Hill Rd . , Cent 7/20/2011 • 11 • • • ' • - 1 1 1►0 � � r y tip a. K �qr mil it r AYP _.fie F ' !9TV M W� , • 11 • • • ' • - 1 1 imom �a=' ; 'iC -.or� � .. ` e � .— .ter -- • r . p.•err- �" • 11 • • • ' • - 1 1 1 t' 46 AV r Or - 4P%m Nt I *r .1 d - • 11 • • • ' • - 1 1 JV fit° # � ` y y� f J ► r _ dF AF rr . ; : Message Page 1 of 2 Anderson, Robin q0006�- From: Anderson, Robin Sent: Tuesday, September 10, 2013 2:28 PM To: afcullmcc@comcast.net Subject: Neath Property Hi Mrs. McCullagh, After I spoke to you this morning I reported directly to the Neath property and arrived by 10:15. This inspection was the result of your complaint concerning noise this morning and over the most recent week-end. At the time of my arrival today, I found there to be no noise or operation of heavy equipment as reported. The local inspector. Bob McK and I drove around Annabel Point and also along the rear of the Neath property by the horse barn on the abutting property. There was no work under way involving heavy equipment although I could see that work had been performed and had most recently been in progress. Bob and I parked on Shoot flying Hill Rd at the corner of his property line and the driveway leading to the barn. A few minutes later, Mr. Neath approached us. Ultimately, he invited us on site to view the property and discuss the situation. I found the work he described to be in accordance with the landscape plan he had previously submitted to this office and I was familiar with having studied it more than once. At this time he is preparing the subject areas for a stone retaining wall as well as a waterfall and fish pond on the right side of his property. The wall is under construction. I also found that he is preparing to plant an orchard of blueberries on the left side of the property (The trees were ready to go in). The noise from this past week end involved the removal of three large oak tree stumps by the pond area. That work is completed now. During our tour, we discussed the green tarps on the tennis court fence. I asked him if he would be willing to remove them. He was concerned that removing the tarp would be more offensive as the site line would be open into his property. He did acknowledge that the complaint about the tarps flapping in the wind are valid and so I asked again if he would remove them and thereby demonstrate his willingness to be proactive in resolving the complaints. He ultimately agreed and also added that he is researching a mesh liner that would camouflage the view and let the air pass through it. Furthermore, he stated that he is a certified arborist and the hemlocks on the other side of the fence are dying due to an infestation of insects which have been working their way to the Cape from neighboring states. He claimed he offered to spray them but was denied the opportunity. Our conversation included Mr. Neath's attempt to get me to find that he is not operating a commercial use at this site but I clearly deferred that determination to the Building Commissioner. We photographed the site and also discussed the second greenhouse/hoop house (currently not completed). It is not a glass structure but is plastic installed over a frame and therefore does not require a building permit. The unit also was determined to not infringe upon the set backs in any fashion and as such is outside of our jurisdiction under zoning. As I was surprised to hear that Mr. Neath actually had a commercial bay nearby that I was previously unaware of (not the W Main Street office) I agreed to follow him there to confirm its existence. I did in fact view the space and photographed the interior complete with landscaping tools inside,heavy equipment parked outside and a lettered truck in the parking stall. This evidence supports his denial of running a commercial operation from the residential location. Again, while avoiding making a determination, I suggested that the noise of heavy equipment running for the greater part of a whole would be nerve wracking to most people. I suggested that he do this in smaller segments of time and not on a week end day when most people would like to sit outside and enjoy their yards. He agreed to perform that wok during the week on a work day and have his crew work job sites on Saturdays instead. I asked him to spread it over the course of two or three days in 2 or 3 hour increments in order to avoid annoying others for a whole a day. He seemed receptive to this suggestion. At this point, before I direct him to make these changes I would like to know what you think. I told Mr. Neath that I would get back to him with a final recommendation. Please let me know and I will contact Mr.Neath immediately. 296in 9/10/2013 ARDITO, SWEENEY, STUSSE, ROBERTSON Sl; DUPUY, P.C. ATTORNEYS AT LAW Edward J. Sweeney,Jr., Esq. Charles J. Ardito, Esq. P.C. Michael B. Stusse, Esq. ________ Donna M. Robertson, Esq. Charles M. Sabatt, Esq. Matthew J. Dupuy, Esq. Of Counsel Kelly S. Jason, Esq. Adam T. Dupuy, Esq. Noel C. Mahlstadt, Esq. PLEASE REFER TO FILE NO. G7159Z May 1, 2013 Tom Perry, Building Commissioner 200 Main Street Hyannis, MA 02601 N CD RE: Notice of Zoning Violation 900 Shootflying Hill Road Centerville,MA Dear Commissioner Perry: i - r_n This letter will acknowledge receipt of a violation notice dated April 12, 2013- tvhicl orders the owners/occupants to cease and desist from engaging in the following activities at 900 Shootflying Hill Road: (a) Landscaping and landscaping construction services; (b) Relocation of commercial equipment; and (c) Employees parking-dispatching from this site. Jacqueline Herrera and Michael Neath deny that landscape construction services, relocation of commercial equipment, and employee parking/dispatching are taking place at this site. No landscaping services, relocation of commercial equipment, and employee parking/dispatching will be undertaken at the site. Michael P. Neath and Jacqueline Herrera do live at this address with their four year old son and have and will continue to abide by the bylaws of the Town of Barnstable. Jacqueline Herrera and Michael P.Neath, By their attorney` MICAAEL B. STU sq. 25 MID-TECH DRIVE,SUITE C,WEST YARMOUTH, MA 02673 1 T: 508.775.3433 F: 508.790.4778 assrdOcaoecodlawvers.com I www.caoecodl'awvers.com ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.G. ATTORNEYS AT LAW Edward J. Sweeney,Jr., Esq. Charles J. Ardito, Esq. P.C. Michael B. Stusse, Esq. -------- Donna M. Robertson, Esq. Charles M. Sabatt, Esq. Matthew J. Dupuy, Esq. Of Counsel Kelly S. Jason, Esq. Adam T. Dupuy, Esq. Noel C. Mahlstadt, Esq. PLEASE REFER TO FILE NO. G7159Z May 1, 2013 Tom Perry, Building Commissioner 200 Main Street Hyannis, MA 02601 w 4 RE: Notice of Zoning Violation Ln 900 Shootflying Hill Road o Centerville, MA ,ha ' Dear Commissioner Perry: This letter will acknowledge receipt of a violation notice dated April 2, 2013:�vhicW orders the owners/occupants to cease and desist from engaging in the following activities at 900 Shootflying Hill Road: (a)Landscaping and landscaping construction services;. (b) Relocation of commercial equipment; and (c) Employees parking-dispatching from this site. Jacqueline Herrera and Michael Neath deny that landscape construction services, relocation of commercial equipment, and employee parking/dispatching are taking place at this site. No landscaping services, relocation . of commercial equipment, and employee parking/dispatching will be undertaken at the site. Michael P. Neath and Jacqueline Herrera do live at this address with their four year old son and have and will continue to abide by the bylaws of the Town of Barnstable. Jacqueline Herrera and Michael P.Neath; - By their attorney MICKAEL B. STU sq. 25 MID-TECH DRIVE,SUITE C, WEST YARMOUTH, MA 02673 1 T: 508.775.3433 1 F: 508.790.4778 assrdOcapecodlawvers.com I www.capecodlawyers.com Town of Barnstable Regulatory Services pFtHE Thomas F.Geiler,Director Building Division snRxsTnaE. * Tom Perry,Building Commissioner Mass. 1639. 200 Main Street, Hyannis,MA 02601 ArFA MA'S A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Jacqueline Herrera, Michael Neath & Neath Landscape & Construction and all persons having notice of this order. As owner/occupant of the premises/structure located at 900 Shootflying Hill Rd, Centerville,Ma 02632 Map 192 Parcel 051,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,April 22,2013 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 11 (A) 1 RD-1 Residential Zone-Single Family Zone 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Landscaping and landscape construction services-including the relocation of commercial equipment and employee parking/dispatching from this site. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. rder, Robin C.Anderson Zoning Enforcement Officer Q/FORMS/viozonel �� o ;�c� � m-�LS -.... bnCrluc'ii rugpeupl6 .vcrude(IL<iuunwlrJ6iyudy-�airlFi In 2008,in order to understand the Home Modification Loan Program's impact and c important to examine the impacts of the program on its direct beneficiaries and the f� View the Imoact Assessment report. How does it work? The state-funded Home Modification Loan Program provides loans to make modifici residence of elders,adults with disabilities,and families with children with disabilitie remain in their homes and live more independently in their communities. There are six agencies throughout the state that administer the program for MRC.T homeowners who wish to start new modification projects. Based on the income guidelines,from$1,000 up to$30,000(inclusive of all costs)n payment loan(DPL)or an amortized loan,which is secured by a promissory note a loans that are under$2,500 which are only secured by the promissory note.An HMI per property.Borrowers may not come back for more funding for the same property r Homeowners eligible for a 0%DPL will not have to repay the loan until the property DPL or 3%amortizing loans must be repaid in 5 to 15 years,depending on the amp payment schedules. r This information is provided by the Massachusetts Rehabilitation Commission. ©2013 Commonwealth of Massachusetts. Accessibilit Mass.Gov®is a registered service mark of the Commonwealth of Massachusetts. About This • i http:Hwww.mass.gov/eohhs/c'onsumer/disability-service, Page 1 of 1 Anderson, Robin From: afcullmcc@comcast.net Sent: Friday, May 18, 2012 8:01 AM To: Anderson, Robin Subject: mIICHAEL NEATH, SHOOT FLYING HILL RD. To:Robin Anderson Subject: Neath It's been a while since we discussed the Neath situation: This morning - @ 6:33 a.m...............................................the noise of heavy (lumber?) being moved or dropped just yards from this house was overwhelming„ startling, and, to say the least, an unpleasant way to awake. Now that the windows are open all night this could become the norm. and indications are that it will. Is it not time to revisit this situation .......THIS BUSINESS?? Arlene McCullagh 508 862 2730 5/21/2012 Message Page 1 of 1 Anderson, Robin To: afcullmc@comcast.net Subject: zoningCease&DesistPlace Herrera, Neath Family Tr 900 shootflying hlll.DOC Dear Ms. McCullagh, Attached is a copy of the cease &desist for 900 Shoot Flying Hill Road as per your request earlier today. Please be advised that I just returned from the Neath property and I met with Mr. Neath on site. I was accompanied by Jeff Lauzon, the local inspector. The three of us discussed the cease& desist order. Mr. Neath claimed to be surprised in hearing that a neighbor would complain about him as he also claims to be very good to his neighbors and they all like him. In any case, the landscape/construction operation has to be relocated. I identified the locus as a residential single family zone and therefore the corresponding use is limited as a matter of right accordingly. I gave Mr. Neath a week in which to identify a properly zoned location to relocate his equipment and employees. When challenged, Mr. Neath informed me that it is his right to grow and produce vegetables, trees& plants as a horticultural use. He is exploring a farm stand option and sales at various growers markets. He is also claiming that he is working on his own yard for his own benefit and that requires equipment to be on site on occasion. There is a fine line here but clearly the layout and the sheer number of potted plants and trees on site lends itself to something more commercial in nature. Ultimately, if Mr. Neath does not comply with this order an officer of the court will have to determine the nuances between residential and commercial growing because I will be issuing citations for the commercial aspects of what was documented today. I informed Mr. Neath of this before I departed. 0�9b1n e,ogndetson Jonln.q.En fotcement O fficet OTown o f.Batwtable 200OMaln Sitee! 0%tannis,0Ka 02601 508-862-4027 7/12/2011 TOWN OF BARNSfAKE Town of Barnstable ermit: AM 10: 39 Regulatory Services D� s z P� ate: Thomas F.Geiler,Director l " MASS. Building Division ee:ado 263p. a�� ION Tom Perry, Building Commissioner For 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-8624038 Fax: 508-790-6230 TOWN OF BARNSTABLE SOLID FUEL STOVE PERMIT Owner: Phone: Install at: Village: ✓1 ��/ �✓Iap/Parcel: lqZ S Date: /Ud(J. 2 v 20 0- :§tove A Ne. Use B. Se: Radi Circulating C. Manufacturer: " e -f`Cri ,A I Lab. No. D.' Model No.: ChPue A. xisting (If existing,please note date of last cleaning B. e C. Are other appliances attached to Flue? 0 D. Pre-fab Type and M aeturer E. Masonry. /k)G Line alined Hearth r/-- A. Materials: B. Sub Floor Construction: ��/-0 Installer ` �.l c/av Name: Address: Phone: — W�-- Location of Installation: „ APPROVED BY Z a Please make checks payable to the Town of Barnstable *This constitutes an official stove permit after inspection,photographed, and approved by the Building Inspector Q:forms:stove ►1 I 1 ypy t Shootflyi ng 11 /23/0 �i p, r � S r h 4 i .n: ow" Row /1/J J/I +� i 1� ill i 1 SWIM - Are Ae AW 1 00 ShootflCent in 1 �.a • 11 • • 7 w _ wr r. : i, ► Q " ' 33.6 I XIST/NC; N' x LA V + ` fco�osc• r J Zao z4 OSS' l P\ l $/L� F A T - oVE L AD ELE✓. -----.- B . s E-rl3�4 C k 5 L O CA 7-1 ON �E/✓TEPvI c-i _ — -- SCAL� — �_I=60 _D� T� �=�Qb I 4 PAR SNOt. AY Onv 7 � n/O CC t/ 3' fA or I NE.�EBY CEPTiFY THATEXi,ST- chv6.FOUVDA T/ON LOC.4 T/ON /S QVPP16C7 6WONA .JO rS COit/FOP�9 H'/TN C/S14.P O u�P�`M DING 3ETBACr P49 URvE OF rwF4E WA1 Of ti.�/ Tom_ — . cso�v�c� T,aycorz Co�P .07 w�c c ow sT ya .�-+o u nr 27- "' , F-� 6 } Sl A ssor's map and' lot number ....1.. ..7 bi (, :,1f lC° s y- �/-83 f��s • '�c=. .lqd . T° L�!'� s'�ai r , yoF THE Toy Kxszage' Permit number r � T SI`'',1 o � I' i INSTALLED E House number .............. RREE 70WN 'OF ..-BARN STAB LEN"N' Rr-, -ATE DNS : BUILDING INSPECTOR ' l) 1 v7 `s i�.a 9 ah nit N n ;J 00 APPLICATION FOR PERMIT TO ............ .......... .......�... . �' �a° �' o r. ...... TYPEOF CONSTRUCTION ...........—::..................................................................................................................... . i .. ......19. ...... TO THE INSPECTOR OF BUILDINGS: . The undersigned :'hereby applies for a permit according to the following information: LocutionNn°..'...... F �`IINC..... ..a...o... ... ..... E .T£ v��`E f •.-\NGti�Jcal�o� ��OtS�— Proposed- ............................. :........................................ ......................... ZoningDistrict .......................0;.... ...............................Fire District ........ .. .................. .................... ...... Name of Owner :.. E v�... �............ .. ...... . Address .. :�100. ... ku- ................ hitDVl�w� Vunatirg �O �v� � � ��1i� \CP Name of Builder' .....Address .. - Name of 'Architect ...................................................Address Numberof Rooms ...................... .:..:......................................Foundation .............::...............:...........`.,......:. ..... Exterior ............................................................................ Rpofing ..... Floors Interior ................................................................................... ._ +—fea#i.ng.._.._ ............................. ....................Plumbing .................................................................................. , Fireplace ..................... . .............. • ......... Approximate Cost ...../ F O®off Definitive Plan'Approved by Planning,Board'._ ________________________19________. Area ee.................................... .'Diagram of Lot and Building with Dimensions Fee .... SUBJECT. TO' APPROVAL OF BOARD OF HEALTH rj OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS , I hereby agree to conform to all the Rules and Regulations of the Town of'Barnstable regarding the above construction. Name ... .. ........................................ .............................:.. • � a7 9gg Construction Supervisor's License .................................... Il �7ONES, STEVE Ni 2�4 9 0 9 Build ................. Permit for ..................... Swimming Pool fe Rd 9�oot Flying Hill . Location ....... Centerville ................................................................................. SteVe Jones Owner ...................................................... Gunite Type of Constructiori. ........................................... C ................................................................................ Plot...'........................ Lot ................................. April 4, ' Permit Granted .....:......I...........................19 Date of Inspection ....................................19 Date Complete ..... ....d ............... . ...... rr, 4*1 Ne, r=/c-L.a STWE 336 4-1 � T a r 24.5 1 � rJ. v) _ Z I S' 1 sow Cry 330 f j, � I $/LL fLE✓�----- FE.�T L980VE PO.d,D. LA u r�� )C-:5 LOCH -/OA/. G'6-, ,17-Ek r�z-E NCO SI c:> ? '1 '. f�. =I0 :2 Y 26FajeEA/C /,V<- A p,4/,=C'CL 0Aj 7'.7i'E f HEREBY ChWrl r) 7/WAT THE EX/ST- tO /A(6 F'OG/wDA T/ON 40CA7'iOw i5 C:VZe4 y CIS! ��4' A5 6WOWAI A�VO_ o __CaAvFOeM WirIV OF 7A14 OWN OF ,f . .�&/ Tip!E Assessor'smap and lot numb ............:........... •••• SEPTIC SYSTEM MUST BE (7 t INSTALLED IN COMPLIANCE WITH ARTICLE II-STATE Sewage,Permit number '�....:..:..,.......` . S 4: ;E ,r ......••..,................. ' ANITARY CODE'AND ,TOWtV REGULATIONS, f ._ °f.T"Er° = TOWN- OF •BARNSTABLE G7 Z BJSHSTODLE, i :.� •'•:� . 039. aMpYa. BUItD1NG INSPECTOR J APPLICATION FOR PERMIT TO ............... ..................... ......................................... ' TYPE OF CONSTRUCTION ............................................C w ........ 1... ...............19 . TO THE INSPECTOR OF BUILDINGS: The undersigne hereby applies for a. permit according to the following information: / ` .. .. .l�c�( .I.. . L. .. .. �......................................................� Location .... .... ProposedUse f �—..................... ........................................................................................................................................ Zoning District .......... ...........................Fire District C':e-� ( � (j' Name-of Owner ,..... . ... ...``4............. 7eS...........Address ................................................. ................e �,v, .�..c:.l`... ..................... (�. r �. -. Name of Builder ..... ......`.....t.)...^^..!....................Address ....................eLD...�?��-� .. ....... C Nameof Architect ..................................................................Address ..............................................:..................................... Numberof Rooms .........................Y.......................................Foundation ....................,......................................................... _..{ ...................Roofing ...........!......... . .....................................1..� � Exterior �`_.......s ��` —` �4 ....................... ........ ...................... Floors ...............................Interior .................. 2 j � Heatingl v�"i.(� '�"� ............Plumbing ................�. ..�............. .. .f.e.l...� ..`.................. . �. .... 7o0Q0� �r.. ....Fireplace ......... Approximate Cost ........ .... ,... . ..a.s . .. .. • Definitive Plan-Approved by Planning Board ________________________________19=_______• Areq/3o9/..0../.-S*0h>(............. Diagram of Lot and Building with Dimensions Fee .. ................................... SUBJECT TO APPROVAL .OF BOARD OF HEALTH 7 s y ,as t . I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ... -..�...... .... ................. ....` . ......... Jones, Stephen 18455 two story, No ................. Permit for ........... #, , single family dwelling ..... .... .. ,. ........ ............................ Shoot Flying Hill Road t Location .... - Centerville ............ . .............................................................. Owner Stephen Jones _ ................................................................ f rame , Type-of Construction .......................................... ................................................................. ........... 01 CC I Plot .. .................... Lot ......................... 4 \f 'Permit Granted Juno,.,15,``„; 19 76 v Date of Inspection .Z..°?1.7 .©�.�.. .19 Date Completed. .. .`. ..L��...�� ..... .19 ' PERMIT REFUSED - A 1 . ...... .. ...................... 19 .............................:.......................................... ... .�...................... .......... _�' f ............................................................... . ..... t j . ..................................... , .............................P. .. # Approved ................................................ 19; ............................... .......,....................................... e�. 1 Li 6S�--1�� twe pp� Town of BaY'�1stablePermit# Expires 6 months from issue date • a Regulatory Services Fee i 4 MASS. `� Richard V.Scali,Interim Director3 gp�.lm Building Division Tom Perry,CBO,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town-barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMT APPLICATION - R ESIDENTU.L ONLY Not Valid without Red X-Press Imprint Map/parcel Number 1C(af 06-0 Property Address 0 OT 1Yl M 1 1 ®Residential Value of Work S U A Y S7'J .©o Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address JPC�, 'UIQ1I �(� Q,(p'�,�'_ , q00 Shy !.' i I - P3A Contractor's Name Uf1rJ n M�� W'VQUJS/&CM Telephone Number!461 -cla'? gcy()c) ` 11VuY1 Home Improvement Contractor License#(if applicable)_1-7 jai 6 Email: Construction Supervisor's License#(if applicable) IoPIRIRR ®Workman's Compensation Insurance Check one: SEP U 4 2014 ❑ I am a sole proprietor TOWN OF BARNSTABLE El am the Homeowner - I have Worker's Compensation Insurance Insurance Company Name ffr Irvsixanu C), Workman's Comp.Policy# 9 0,11932 3 94 Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side Replacement Windows/doors/sliders.U-Value 1 .3 0 (maximum.35)#of win ows #of doors: ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked NAM red S and inspections required. Separate Electrical&Fire Permits required. "Where required: Issuance of Ns permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Rome Improvement Contractors License&Construction Supervisors License is requ' SIGNATURE: T:\KEVIN_D\Building ChangesTXPRESS PERMITIEXPRESS.doc Revised 061313 .T4 The Commonwealth of Massachusetts Department of industrzalAccidents r� Office j`ice of Investigations I Congress Street,Suite 100 Boston,MA 02114 2017 www.mass.govldia Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print EeLy>lblv Name (Business/Organization&&vidual): SOUTHERN NEW ENGLAND WINDOWS LLC Address: 26 ALBION ROAD City/State/Zip: LINCOLN, RI 02865 Phone#: 401-228-9800 F e yo:,z, employer?Check the appropriate box: I employer a�th 20 4. I am a Type of project(required): ❑ general contractor and I employees(full and/or part-lime).* have hired the sub-contractors 6 ❑New construction ❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have working for me in any capacity. employees and have workers' 8. ❑Demolition [No workers' comp. insurance comp. msurance.t 9. ❑Building addition required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their myself. [No workers' comp. right of exemption per MGL 1 I.El Plumbing repairs or additions insurance required.] t c. 152, §1(4),and we have no 12.❑Roof repairs employees. [No iXorkers' 133•0 Other"NoowREPtacEMENT comp. insurance required.] "Any applicant that checks.box'1 must also fill out the section below showing their workers'compensation policy information" Homeoxvmers who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet shoeing flee name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site infonnation. Insurance Company Name,- ARGONAUT INSURANCE COMPANY Policy#or Self-ins. Lic.#: WC927938352394 [� Expiration Date: 08121/2015 Job Site Address: -l 00 �400+ I � eer City/State/Zip: _ 11 I�pJ ��- Attach a copy of the workers' compensation policration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$I,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cce!Wfy under the puns and penalties of perjury that the information provided above is true and correct. Signature: " gam, " Date: Phone#. 401-228-9800 Official use only. Do not write in this area,to be completed by city or town official. City or'Town: Permit/License# Issuing Authority(circle one): I.Board of Health 2.Building Department 3_City/Town Clerk 4.Electrical Inspector 5.Plumbing Ins ctor 6.Other pe Contact Person: Phone#: f ' AC RD® CERTIFICATE DA7E(YY,DDmw ATE OF LIABILITY INSURANCE F ) 08/12/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,the policy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme s. PRODUCER Willie of Now Jerse y, Inc. NAME: C/o 26 Century Blvd PHONE FAX P.O. Boa 305191 •1-877' 5- 37 AIC No:1-888-467-2376 Nashville, TN 372305191 USA ADD L :CartificateaMillie.com INSMAFFINGRAGE NAIC o INSURERA:Selectiof SS 39926 INSURED Bouthern New England Windows LLC D/B/A Renewal INSURER B:The Bea 24017by Andersen26 Albion Road INSURER C• onaut 19801 Lincoln, RI 02865 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER W529160 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LMTRR TYPE OF INSURANCE ADD SUBR POLICDY EFF POLICDY EXP POLICY NUMBER LIMITS X COMMERCIAL GENERAL LABILITY EACH OCCURRENCE CLAIMS4ME X OCCUR DAMAGET D $ 1,000,000 A PREMISES Ea occurrence $ 200,000 S 2029459 08/10/2014 OS/10/2015 MEDEXP(Anyo raw) $ 20,000 GEN'L AGGREGATE LIMIT APPLIES PE PERSONAL&ADVINJURY $ 1,000,000 R: POLICY a JPERO-CT �LOC GENERAL AGGREGATE $ 3.000,000 OTHER: PRODUCTS-COMP/OPAGG $ 3,000,000 AUTOMOBILE LABILITY $ X ANY AUTO Ea a0 SINGE LIMIT5 1,OOD,000 A ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS S 2029459 08/20/2024 08/10/2015 SODILY INJURY(Par accident) $ X HIRAUTOS X A MON @ @ PROPDAMAGE $ A X UMBRELLA LAB X OCCUR $ EXCESSLA6 EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE S 2029459 OB/10/2024 08/10/2015 AGGREGATE $ 5,000,000 D@ RETENTION IVORIMRS COMPENSATION $ B AND EMPLOYERS'LABILITY YIN X PER ATUTE OT ERA ANY PROPRIETOPJPARTNEKgDMCUTIVE OFFICERIMEMBER EXCLUDED? N/A EL EACH ACCIDENT $ 21000,000 (Mandatory In NMI 0000060028 08/21/2024 08/21/2023 #yes describe under EL DISEASE-EAEMPLO $ 1,000,000 DESCRIPTION OF OPERATIONS below C ork Comp/BL Covg: E.L.DISEASE-POLICY LIMIT $ 21000,000 tatulory Limits - WC WC927938352394 08/22/2024 08/21/2025 .L He. Accident - $1,000,000 .L. Disease Policy Lmt - $1,000,000 .L Dieeaae Bn. - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached H more space W rapWrad) Employee $1,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Southern NB LLC AUTHORIZED REPRESENTATIVE 26 Albion Road fdncolU, RI 02865-0000 ACORD 25 2014101 01988-2014 ACORD CORPORATION. All rights reserved. ( ) The ACORD name and logo are registered marks of ACORD OR ID:6629625 BATCH-Batch II: 79627 360 VNO byAndemmRenewal RENEWAL.BY AivDERSEN !,7.9,P.:�- 7 3 2 4 S. Cr LOm AM'345515 WINDOW ecruateitet mAnda Z6—.m 26 Ahion Road.• Lincoln,R102865 rim.a1Zg7 Phone 866.5fh3.2235•Fax 4-01.633.6f()2 I raherai Tan lu aar tissccso Southern New England Windows,LLC d/b/a Renewal by Andersen of Southern New England CUSTOM/tWiNDOWAND'DOOR.REMODELING AGREEMENT &iyer(s)Nrmc: a�'�Ue-�le7l'� r rret* D�oa alAgreemcNc J/I &OV(s)"SvdcAdd.Ldw Stataandzp cDee lP.O..timc QDD t. 1, °iyeAlC'erNf - 737-'Soto .. IIM, hone"Number: Nferk7elephom Number, , $uyer(s)hetchy jointly andsmie lv aggmts to purchase theprthditcts and/or wr\lices ot.Suuthern New England�rjndix\s,I.LG d/h%a_Renewal, by Andersen of Southern New Fng6nd("Contractor"} incc aordance with the terms ahid conditions,describcd'on the rivet and ti a vtiversc air „ this,agrcernent andvwthe attached s*ifi6twn sheets}(collrclitely,ttiic" anent" ❑His oric O Condo D HOA? Toal Job Atnourrt 60#ff Esh mated Starung patig Method"of Payment O Cheek O Cash named: /wG C Deposit Received. Credit Cards are accepted,for&.porn only maximum 113 of the Balance ai Sham of job(33%): pralectt ost(ReesrsEe Csedd Cord Peymeru foreh)BY sighting this. 6omatcd t:omgedon.Date Agreement,you acknowledge.,. t:th Balance at Sart of Job anA the Balance an'Suk al j�'�. BalarKe on$ubatantial Competion o�Job Cannot be made by d edit Completion of Job. .,_ card and must be made by personal eheek;bt+nk chedt or,cash: Bayer(s)agrees and nndeeatands:ehat this Agreem, coustitutes•the entire:undrs etanding betwee''the d..pardes,aotliat': there are no verbal understandings changing soy:of the:terms of this Ageeemeat•Bayer(s)aelmowledges thac:Bnyer(s) (1)has read this Ageeemeny anderstaads kke terms of ibis;Agreement,and has received,a eompleted�,signed,and dated copy of t>iis Agreement;'induding the two attached Notices of Cancellation,on the date first written�above and 2 was orally- informed of Buyer's right to cancel this A$reemeniL DO NOTSIGN THIS CONTRACT IF THERE ANY BLANi;SPACES: (Rhode lsfund Safes Only)Notice to Buyer(1)Do not sign this,Agreement if:any o[the spaces,satended for the agreed teems to:the extent of then available sa-...ion are lift blank.(2)Yon are ent tied to.a;copy of'this Agreement at the time YOU sign it.(3)Yon ntay at any time pay oil the f6n unpaid balance due under this'Agreemeny and in so dos g you maybe entitled to receive a partial rebate of the finance and insura1.nce charges,:(4)The seller has no right'to uulawl�_Rj,enter your pre=ises or eomntit any breach of the peace to repossess goods phtrehaszed Hider this Agreement.(S)'Yon may cancel this Agreement . . ; if it has not beensigmed•at the main,office or a branch office of the seller,provided you notify the'seller.at his her main office or branch office shown m the Agreement by registered oe certified mail,whteh shall be posted not later tsiau midnight' of the.third caleadar day aRer the dsy on which tlits"buyee sagas the Agreement;eaelu_d Sanday,dnd any hofiday.oa which regulartihaail deliyenes;are uoCnaadd See the accotaipanyiog notice of cancellation form for.an explanation of buyer's righter Bu. s received the consumer education maunials rovitied the ctors Rcg�stration$Dart, (Bufers,Inilid")Ye1{) p by Rhode Island Contra, . Renewal by AndersenlIof.SouthernNew England Buyer(s) Btryer(s) By. ZG CV t>yYt.� Si tureb" ductlblah" _ .igrtature: Signature Print'i\'ameof.Product"Manager Pmit Name Print Namc BuyER BUSINESM4 DAY AFTEIE THE DATE OF THIS TRANSACT ON SEETHE AL TMS TRANSACTION.AT ANY TTACHED NOTICE PRIOR,TO OF"CANCELLATINIGIff OF TO FO RMS FOR AN EXPLANATION OF THIS RIGHT. — — — — �— NOTICE OF C NC LLA IO X NOTICE OF CANCELLATION I Date.of Transaction :You tiny cancel Date of Transaction :You ttnyr cancel this transaction,without a ty piftialty.orobligadon,,`within :this'transaction,without any penalty or obligation;within three business days from the above:date.if you cancel;any I 'three business days:from the above date.If you cancel,anL y . property traded tn;any payments%Hate by you under the I property traded IN any payments made by you under the Contract or Sale;`and any,negotiable,instrument executed I Contract or Sale,and ahhy nogotiable�instrument executed by.you-will be t eturrted within ten business days following: I by you Will be,returned within ten business days following receipt by the Seiler of your cantellatloh notice,:and any receipt by'the Seller-of your;cancellation notice,and arty secunty enterest.-arts, out of"the transaction will be, security,interest arising out of the'transaction will..be canceled.If you cancel,you MustmaM available to the Seller l canceled.If you cancel,rou must make available totheSeiller. at your residence,in substantially as good condition as when I at your residence,in substantially as good condition as when' received,any goods delivered to,you under this.Contract or I recOlved,any goods delivered to you under this Contract or Sale;or you may,i-you wish,comply with the instructions of. 1 Sale;or you may,if youwishi'comply with the instructions of the Seller regarding the iettim shipment of the goods at the the.Seller regarding the.return shipment of the goods at the Seller's ee�xc pieense and risk.If you do make the goods avallable X Seller's expense and risk.if you do snake the goods available' ;to the Seller and the.Seller does,riot pick-them up Within �- to,the Seller and the Seller does not pick them:iip within „twenty days of"the'date'of cancellation,you maycetain'or I twenty days of the date of cancellation,you may retain or dispose'of the goods wtthohit any further obligation.If you 1 dispose of the goods without.any further.obligation.(f you; fail to mike'the"good,Available to the Seller,or if you agree: I far to make the goods available to this Seller;or if you agree, to return the goods to the Sellerand fail to do so,then you 1 to return the goods to tile.Seller`and�fail to do so,then you 'remain liable for performance of all obligations under'the remain liable,for.performance of all,obligations under the ContraciTo cancel this transaction mail or deliver a signed l Cohiract.To cancel this transaction,inail or deliver a signed and dated copy of:this cancellation notice;or any other l and dated copy of this ,cancellation notice or;any other " wr itten notice,or send a telegrarh to Renew RenewV I byApdersen of I •,written notice,or send a telegram to,Renewal byAndersen of ' Southern d-New England 26 Albion , 02865,: I Southem New England at 26 Albion Road,Lincoln;R10286S, NOT'LATER THAN MIDNIGHT OF, .NOT LATER THAN MIDNIGHT-:OF' ' 1 HEREBY CANCELTHISTRANSACTION. 1 HEREBY CANCELTHISTRANSACTION. Bins Sltaatraa; _ ,'. Prtnt Name Vide eupes$"awn Print Name Daft t RbA Copy.White Buyer Copy:Yellow Buyer Copy:Pink. I Southern New England Windows . d.b.a Renewal by Andersen of SNE Massachusetts-Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License:CS4M 7 BRM D DENMS6N 7 UNIIS POND JEIR Charlton MA 01567 Expiration Commissioner 0910&2016 i h &he �22moomer-a 0 nUB�se inejscs Weeuala9�nOficeofCnsuAs 10 Park Plaza-Suite 5170 Boston,Massachusetts 02116 Home Improvement Contractor Registration Registration: 173245 TVoe: Suppler18r1t Card SOUTHERN NEW ENGLAND WINDOWS LL EOration: 9119/2014 DENNISON BRIAN 1137 PARK EAST DRIVE WOONSOCKET,RI 02895 _ Update Address and return card.Mark. for change. su r o rtmavn C?Address ❑Renewal I]6mpleymcat Lost Card - G —\ tarn of Coas■mer Albin av a■deew IlegW tloa Mean or registration valid for ladivldul tin only ��I{ E IMPROVEMENT CONTRACTOR before the"Pimtloo dam If foand room to: 'TRegl■inaon:179ZIS OBice of Conmmer Affeir■and Business Regaloion 10 Park Plats-Sole 3170 r` ^ BA920U Suppbmenl::ard Boston.MA 02116 SOUTHERN NEW ENOIAND WINDOWS LLC. RENEWAL BY ANDERSON DENMSON BRIAN � f .. -:.1137 PARK EAST DRIVE WOONSOCKET•RI M895 U■de—reta n T Not v■Iid wlhoal dgaahse . i f _ x i.RbA �gn Am MURIA' ..... ''.f _ 1 i oil Tom 1 ow sit POCONO s' S� ri t s - _ r G r , � 4 - `" i NOT FOR PUBLIC VIEW r a >t s STANDARD FORM COMMERCIAL LEASE 1. PARTIES Horst Dorner C/O First Property Mgmt ®� � t✓ 1046 Main St. Suite 11 s Osterville,Ma. 02655 r LESSOR / which expression shall include his/her/their/its heirs, successors,assigns where ` the context so admits,does hereby lease to x Michael Neath Po Box 328 a C1 Centerville,Ma. 02632 = :ZX LESSEE r �. -,which expression shall include his/her/their/its successors,administrators,and assigns where the context so admits,and the LESSEE hereby leases the *a following described premises. , 2. PREMISES CD rn 381 Old Falmouth,Rd.#23 Marstons Mills,Ma. 02648 : 9 3. TERM The term of this lease shall be for one year commencing August 1,2011 to July 31,2012 and automatically renew for periods of one year thereafter unless written notice is given by one party to the other thirty days prior to the n expiration date at the addresses contained herein. 4. RENT The LESSEE shall'pay LESSOR rent at the rate of$850.00 per month for the initial 1 year term and at a mutually acceptable rate thereafter..:. That in the event LESSOR does not receive monthly payment within five(15)days of the due date,the LESSOR may at lessor's option charge a late charge of three(3%) percent of the monthly rent payment due. 5..USE OF LEASED °The LESSEE shall use the leased premises for ` PREMISES storage of non hazardous materials and a welding.shop. 6. ASSIGNMENT f SUBLEASING The'LESSEE shall not assign or sublet the whole or any part of the leased premises with out LESSOR'S prior approval in writing,which shall not be unreasonably withheld.Notwithstanding which consent,LESSEE shall remain liable to LESSOR for the payment of all rent and the full performance of the covenants and conditions of this lease. 7. NOTICE ` Any notice from the LESSEE to the LESSOR relating to the leased premises or .'."to the occupancy thereof, shall be deemed duly served,if mailed to 1046 Main St. Suite 11,Osterville,MA 02655. Any notice from the LESSOR to the LESSEE relating to the leased premises or to.the occupancy thereof, shall be deemed duly served, if mailed to the LESSEE by regular mail and addressed to the LESSEE at the address below. A rent notice shall be sent to the LESSEE at :. Po Box 328 Centerville,Ma, 02632 In Witness whereof,the said parties hereunder set their hands and seals July 22,2011. LESSEE, L OR, Michael Neath Andrew Witter,as agent and not individually. a EXHIBIT A 1. That in the event lessor does not receive monthly payment within - five .(5) days of the due •date, ,the lessor may ,at lessor's option charge •a late charge of three (30) percent of the monthly rent payment due. 2.. That in the event lessee is in default under this lease and fails to pay all of the rental due hereunder and/or in the event lessor, secures a Writ of Eviction, lessee shall pay all costs associated with :. removing lessee from the premises for breach of this lease and in those events for collection -and of unpaid rents. Lessor shall be entitled to collect reasonable attorneys. fe`es associated with the cost, of said eviction. -Lessee hereby acknowledges that :lessee has inspected the ti premises and `finds the'; same to be satisfactory.and in accordance-with the 'terms and conditions of this agreement. 3. That lessee hereby acknowledges receipt of the Condominium Master Deed and By-Laws •including the variance issued by''the Town of Barnstable attached thereto and agrees to comply with all the rules and regulations now or hereafter affecting the' same- and further agrees to notify .lessor ^of any damage to the demised premises within three (3) days of each occurrence. 4. Lessee, agrees .not to overload the existing _,septic systems. In the. event the existing system is not sufficient,, for its uses, the Lessee shall .be responsible .for maintenance and expansion of said septic system. Lessor hereby makes no representations as to the capacity or suitability of the existing system for Lessee's uses. Lessee hereby acknowledges that it has deemed the Lessee's premises suitablefor its uses and can use the same without violation and Board �of Health or other Town.by-law provision. 5. Lessee hereby acknowledges that his business may involve use of , hazardous material 'or produce hazardous waste and hereby agrees to take. all necessary` steps to assure that such hazardous materials are properly stored;`' used and disposed of, including the strict prevention , .of allowing any such materials from entering the septic system. This includes providing a self-contained hand wash sink for employee's dealing with hazardous materials. Lessee hereby agrees to be strictly . liable for any hazardous waste problems caused by him, his employees 'or agents and agrees to hold Lessor- harmless for same including,any and all. fees and 'expenses Lessor may incur due to Lessee. 6. Lessee agrees and acknowledgesthat Unit 10 has limited parking space and outside storage is notpermitted. . In the_ . event. the Lessee or any of its agents attempts to store outside - materials; shall allow the Lessor and/or the condominium association to- s remove any such. materials that may violate the .;special permit governing said property at•`the Lessee's sole cost and' expense' after Lessee w receibes:, ten ' (10) days written notice to remove the same and to bring . the premises in„compliance with the special permit. Lessor and/or.the • condominium association shall- be entitled to reasonable attorneys fees . : ,' and expenses 'in such ,event and shall be held harmless for the disposal Exhibit 'A-page 2 r and storage of any such materials. 7. Lessee. acknowledges that the property above described and located fat 381 Old Falmouth Rd. Marstons Mills, MA. has been designated by local authority as a "100 per cent sprinklered building". and that any construction approved by the Lessor which local authority deems as r negating sprinkler coverage must then include additional sprinkler coverage for that area, plans for which must be certified and submitted for approval to the local Fire Chief before construction begins. 8. The special permit issued by the Town of Barnstable restricts the parking lot to "registered vehicles incidental to the uses. of the site. . .and that the outside overnight storage of unregistered vehicles, materials and trailers not be allowed. Any such overnight storage of unregistered vehicles .,and materials will*,pbe considered a violation of the terms ofthis agreement. f .off � � � r~ '�� +.'zY '>.�A, '' �� 3 .�' vr§+,.�,.6s,'.:.. �•u.�•� '�lNr•"^ti. ;%`>r�£r t� k '"?�' `z aei��{� F �{b �._ '� `si 't.X• � b� a� '��e^.m,,y._. - x- y,4'_,"s i - " �s". -': ' i ,� ;: ., r; Sa r i ,. i• k�,, T O �f'�T.AL + \�'^T�J�� C z � C ' ® D T I C K. E T BRANCH 01 S11H ' MICHAEL P NEATH LANDSCAPE 100 OREGON '4A.t.t P.O. BOX 328 COTUIT . CENTERVILLE, MA 02632 -INVOICE# 3 14191^ 1 - CUSTOMER# 6217 " INVOICE DAT?i 0 6/0 9/11 SALESMAN PAULA MARLOWE P/0#� COTUI7 ENTERED BY NATALIA E'AVA�ZiA BOMING� OU] ' TRUCK 1' SHIPCATE O 6/07/11' ,,—T'ERMS ,NET 30 TELEPHONE 5 0 8—4 2 0—6 0 0 0 - PRODUCT#_ .. QTY° Y UM DESCRIPTION r FRICE 297 C _' MILLSTN LG RECTANGLE- QUARRY BLEND n T. 5:i 4662 . 270 PCS/PALLET 2 .42 PCS/SF ,PSG 25 BAG GRAY POLYMERIC ABOUT 65 SF/BAG FOR F,"E'i� -P[3V Payment method: Deposit Bal . �458 : 75 06/09/1-1 ° S AE :.* Oicke� -Ila movedSy yjoved TO m 'Loaded By, 61'U.B TOTAL INVOI"';_'E TOTAL 4� �..,.� DATE SIGNATURE" Y *** P A I D. *** F n . IMAA g. C 0 D / E ' P 0, S I T z BRANCH 01 SWH MICHAEL P NEATH LANDSCAPE 100 OREGON WAY ` P.O. BOX 328 COTUIT CENTERVILLE,' MA 02632 ` INVOICE# 314191 CUSTOMER# ,6 217 INVOICE DATE. 0 6/01/11 SALESMAN PAULA MARLOWE $ P/O# COTUI T ENTERED BY PAULA MARLOWE iiqumG T OUR- TRUCP SHIPDATE 0 6/O 1/11 TERMS NET 30 TELEPHONE : 5 0 8-4 2.0—6 0 0 0 - PRODUCT# QTY. UM DESCRIPTION PRICE TOTAL I66Q4 ,1512, P MILLSTONE-`SQUARE QU RRY BLEND 1.05 1587.60 378 PCS/PALLET 3 .62 . PCS/SF 1 { I69Q ;4860 PC., ::MILLSTN LG RECTANGLE-• QUARRY BLEND 1:5 7630.20 270 PCS/PALLET 2 .42 PCS/SF ` -� I99Q `" `--72:0 PC MILLSTONE GRAND>SQUARE QUARRY BLEN . 2 .36 . 1699'.20 18'0' PCS/PT'1 61CS/SF s.PSG 5-BAG GRAY POLYMERIC SAND 18.99 94 .95 ABOUT 65 SF/BAG_`FOR REG. PAVERS 'S H i t -5 A L E picked By Moved By ______ 74 Moved TO . SUB TOTAL 11011.95 Loaded Cv a ;.SALES• TAX. 688 .25 INVOICE TOTAL• 11 'SIGNATURE -DATE , i • l d�otoY, JA BALANCE DUE, $• 11700.20 *** C. 0 D *:** * *, R E P R_ I N 1T' * * r p�. '. � � • ® ♦e , ,� � � O.Q�Y"x�f. ® 0 s.p�• — 1 s �t Y" ! rr • Ri y •w 0 ' .' any V e KEEP THIS SLIP. It is the only Itemized Bill we render. i E `CRESSEY & SON" Wholesale Florist P.O. BOX 172 ROWLEY, MASSACHUSETTS 01969 PHONE • (978) 948-2534 ~DATE:_ f ` SOLD TO: bra • • ut 2-%,4,<-7;,7- ca .} ' '11481 TERMS: NET 30 DAYS. Service Charge 11/2%':per:month on all invoices over 30 days [00 Q��o� �� C6-(LA-N--( L AWRENCE LYNCH CORP. r 396 GIFF 0RD STREET Ticket li-GO212333 CI-Lstomer 9999 Job MISC CASs-'! SALES MISC Product 26OT RECLAIMED PAVEMENT' t: Truck Tare Net Gross R17S6 ;14. 00I , EG KI. uS Time: 14-n44� Date 0 17-_1 Total 1� 66 'TONS sRecei Y_+� 3� e +ee� -f€�'n o 1 u 50 "A' ouht o �:=�Z+r, 43 Nov 10 10 09:20a Mfohesl P.Neath 1-508-771-3077 P.1 Date Pr rated: 10129(2010 3:04:20 PM Invoice ## 1-2243 Spillane's Wholesale Nursery # Bi;: To: 'M!CHAEL HEATH LANDSCAPE 182 Plymouth Street P.O. Box 328, Middleboro,AAA 02346 � Centerville, MA 02632 Tel: 508-946-2209, Fax: 508-947-6409 I` '�✓` �� - V .Page 1 Item Number g9scrietion Qty Price gXtended Price RHOCA-30 (,r3-'=RHODY CATAWBIENS=ALBUM-2.5-3' 45.00 $d4,00 $1,980.00 LIRT-4C -.,:L]RIODENDRON TULIF IFERA-4" 2.00 $495.00 $990.00 CRYJA-120 CRYPTOMERIAJAPOP)ICA ANGELICA jtt�ff-'tg��, - •2.00 9--•- �-"•--$325.00------=-$550.00 AESCFM-3C �,; `'AESCULUS X CARNEr�FORT MCNAIR kF� z4 �, 1.00 $275.00 $275.00 QELLVERY=_- _ - 'C�ELiVERY 1.00:. $200.00 $200.00 1 Sub Total $4,095.00 Tax $243A4 . Total $4,338.44 AtSpillane's we value your r BUSINESS. Please come AGAIN ' Dennis Spillane, ' Mark Peterson',* .You Get This r I07/30/2010 01:07 50OB332630 NORTHSIDE LAND CONST PAGE 02 NORTHSIDE LAND CONS'T. C Invoice L _ _ , 108 ECHO ROAD M.ASHPEE,MA 02649 DATE INVOICE 1t 7/9/10 6601 (508)477-7997 FA.X:(508)477-7960 � BILL TO r MICHAEL P.NE,ATH , LANDSCAPE CONSTRUCTIOIi P.Q.BOX 328 CENTERVILLE,MA. 02632 ' TERMS PROJECT - (� On Receipt I - • ....._ _. f ... _........_ .____.-._ .__�__... ' QUANTITY DESCRIPTION RATE AMOUNT 1 _RE-CE raigville J -Delivekd+ljords of Loam at$16tyard 16.00 160.00 j _ I Total -__..._...-- .. Map Coordinate Time of Delivery New England Turf,Inc. Packing Slip NEE ENGLAND P.O. Box 777 7 aQll West Kingston,RI 02892 . Date . Invoice# 7/8/2010 115424 Sold To ;Ship To Michael P Neath Landscape ,. 293 Long Beach Rd. . P.O.Box 328 Centerville,MA Centreville,MA 02632 w you may want to back down R Customer Phone Customer Alt. Phone P.O. No. Ship Terms Via ' 508-771-0777 508-360-3203 ; 7/8/2010 COD Patrick Quantity Item Code Description Price Each Amount 1,000 Sod WCTB Bluegrass 2-500 , 0.34 34.UOT 2 paldep Pallet Deposit 7.00 14.00 Massachusetts State Tax 6.25% 21.25 All turf must be installed and watered immediately the day it is.received. Apply at least 1 inch of water to each area sodded. New sod needs long deep penetrating waterings. One inch of water on 1000 square feet is equal to 600 gallons of water. All turf needs 1/2 inch to.1 inch of water daily. Soil under sod pad must_remain wet for at least four weeks. If you have any questions please contact our office. - Please Initial: Customers are alloted"l hour per Ten Thousand ' Payments/Credits $0.00 Square Foot Delivery. Any additional time spent on a job site will be subject to an additional charg ALL CLAIMS MUST BEe of$100 per hour. Balance Due $375.25 MADE WITHIN Pallet Returns. Tube Returns 24 HOURS OF DELIVERY. Payment Options: Check, Visa,Mastercard;American Express. A $40.00 fee will be charged for each returned check. Phone# Fax# Visit us on the web @ Time Received- 1-800-451-2900 401-783-0740 www.newenglandturf.com Customer Signature: s . -AiNew England Turf,Inc. Map Coordinate' Time of Delivery Packing Slip — P.O. Box 777 N,,,Ba+BNCLaNm West Kingston,RI 02892 • Date Invoice# 4 i ' 7/2/2010 115369 t Sold To Ship To Michael P'Neath Landscape, 293 Long Beach Rd. =` P.O.Box 328 Centerville,MA Centreville,MA 02632 you may want to back down Customer Phone Customer Alt' Phone Store , P.O. No. Ship Via 508-771-0777 508-360-3203 7/2/2010 Wayne L. Quantity Item Code Description 3,850 Sod WCTB Bluegrass 6-540.1=610 - 7 paidep Pallet Deposit Massachusetts State Tax . All turf must be installed and watered immediately the day it is received. Apply at least 1 inch of water to each.area sodded. New sod needs long deep penetrating waterings. One inch of water on 1000 square feet is equal to 600 gallons of water. All turf needs 1/2 inch to 1 inch of water daily. Soil under sod pad must remain wet for at least four weeks. If you have any questions please contact our.office: Please Initial: Terms: 1 112 interest added to all accounts over -- 4 30 days. An annual percentage rate of 18%. All claims should be made within 24 hours of delivery. A$40.00 fee will be charged for each returned check Customers are alloted.1 flour per Ten Thousand Square Foot Delivery. Any Pallet Returns Tube Returns . additional time spent on a job site will be subject to an additional charge • of$100 per hour. " Phone# Fax# Visit us on the web @ Time Received: 1-800-451-2900 401-783-0740 www.newenglandturf.com Customer Signature: All Claims must be made within 24 hours. 07/30/2010 01:07 5088332630 NORTHSIDE LAND CONST PAGE 01 Invoice NORTHSIDE LAND C0NST.,L1�C 109 ECHO ROAD 1V�A.SHPEE,MA 02649 DATE tNvolcE 6/25/10 6573 (508)477-7941 FAX:(508)477.7960 BILL TO MIC.HAEL P. NEATH LANDSCAPE CONSTRUCTION P.O.BOX 329 CENTERVILLE,MA. 02632 ! TERMS, I PROJECT On Receipt QUANTITY I DESCRIPTION RATE AMOUNT !RE: Craigville Job 16.00I 1,904.00 119111tlixeredi119 yards of loam O$16.00 per yard s ._... '._. Total $1,904.00 i • P.O. Boa 40,300 Route 6A Invox Ce CAPE tCOED . Orleans, MA 02653 Date Invoice✓f Phone(508)240-5700 Sttr,I1 0 r Fax(508)240-5800 5/5/2010 5314644 C§hip To/Special Instructions Bill To 9293 LONG BEACH RD` Michael P. Neatli Landscape Construction GRAIGVILLE BEACH PO Box 328 Centerville. MA 02632 i PO NUMBER , Terms Del.By REP Due Date a Net 30 TOM KENNY 6/4/2010 Description Quantity Price Unit Amount N.E.S-Brook VENEER per crate# veneer 2 450.00 CR 900.00T APPROX.'40 SQ. Face Feet per pallet N.E.S-BROOK MEDIUM FS-PER CRATE med-round • I 306.OU CR 306.00T (COVERAGE 24 CUBIC FT PER crate ON WALL.24 SQUARE-FACE FT. AS VENEER) t 4 • I Balances over30 days shall Lear interest at,a rate of 1.5% Sales Tax(6.25%) $75.38 con1116unded 1nouthly,for a total APR of 18%. STONE IS NOT . - _ TOTAL $11281.38. " RETURNABLE. Any product that is deemed acceptable for return .7011 be subject to a.20%restocking charge and a.merchandise credit Payments/Credits 10.00 will be issued. Balance Due $1,281.38 Please make checks Payable to Cape Cod Stone & Masonry Visit us on the web @ www.capecodstone.com -Invoice P.O. Box 40,300 Route 6A . _ Orleans,MA 02653 Date Invoice# #— Phone(508)240-5700 1, Q ' Fax(508)24075800 4/23/2010 5314424 Ship To/Special Instructions Bill To #293 LONG BEACH RD.,r Michael P.Neath Landscape Construction CRAIGVILLE BEACH PO Box 328 , Centerville,MA 02632 PO NUMBER Terms Del.By REP. - Due Date Net 30 TOM KENNY 5/23/2010 Description Quantity Price Unit Amount r N.E(small round)S-Brook FS-PER CRATE#small 1 336.00 CR 336.00T Pound"(COVERAGE 24 CUBIC FT PER crate ON " WALL,45 SQUARE-FACE FT ON VENEER) - N.E.S-Brook VENEER per crate#veneer 1 450.00 CR 450.00T APPROX.40 SQ.Face Feet per pallet , N.E.S-BROOK MEDIUM FS-PER CRATE med-round 2 306.00 CR 612.00T (COVERAGE 24 CUBIC FT PER crate ON WALL,24 SQUARE-FACE FT.AS VENEER) s :Balances over 30 days shall bear interest at'a rate of 1.5% Sales Tax(6.25%) $87.38 •• compounded monthly,for atotal APR.of 18%.STONE IS NOT TOTAL $1,485.38 'REItRNABL f. Any product that is deemed acceptable for return will blilct to a 20%restockingcharge and a merchandise credit Payments/Credits $0.00 will be issued. Balance Due $1,485.38 Please make checks Payable to Cape Cod Stone &Masonry Visit us on the web @ www.capecodstone.com CAPS _ CO, READY MIX INC. Main Office: P-O. Box 399, 300 Cranberry Hwy,,Orleansrf MA 02653 508-255-4600.508-775-4679•Fax 508-771-0422•Carver 800-287-5114 Concrete plants;in.Carver,.Yarmouth, Brewster and Eastham SOLD TO: SHIP TO: BREWSTER COD CENTERVILLE— 292 L6NG BEACH RD 02653 �T' } ) LANDSCAPE CQN3T p/ll CH' ' . ` STONE WALL PTG ` 00199 TIME. ;FORMULA'; , LOAD SIZE YARDS`ORDERED` # DRIVER/TRUCK { PLANT f TRANS:#v 7:52 Alc3 7.00 4 7 00 54 DATE x _ t .` LOAD'# YARDS DELI' H#� 4 00 4TC ti WATER"TRIM # �.x ,SLUfv1P i TICKET.;NUbABEF2 4/16/2010 1 7_00 ., ,fit, �s 1 9.00 53765 - +r ' WARNING PRDPEarY DAMAGE RELEASE Excessive Water is Detrimental to Concrete Performance IRRITATING TO THE SKIN•AND EYES (TOr BCuE SIGNED IF DELIstcmcr,The dr'wer(of this truck in presenting this RELEASE ERY TO BE MADE INSIDE CURB LINE) H2O Added By Request/Authorized By Dea Contains Portland Cement Wear Rubber Boots and Gloves,PROLONGED CONTACT MAY CAUSE to you for your signature Is of the opWon that the size and weight of BURNS.Avoid contact with eyes and Prolonged contact wilh'sidn.In rase of contact with skin and. his buck may posslNy cause:tlamege to the premises anNor adjacent eyes,fhmh thoroughly with.water.It irritation persists,get medical attention.KEEP CHILDREN AWAY. Dropeny it he places the material m his to where you desire it.11 GAL X • CONCRETE IS A PERISHABLE COMMODITY AND BECOMES THE PROPERTY OF THE this is our wish to a'reqhelp ueu in every way that we can,but In odor to do WEIGHMASTER ; PURCHASER UPON-LEAVING THE PLANT.ANY CHANGES OR CANCELLATION OF ORIGINAL andme tlr'rver le requesting that yayslgnlhis RELEASE relieving him .a..,k+.'4mrai..+t*�� ' Lr"#t'. _ ;'.t„� WSTRUCTYONS MUST DE TELEPHONED TO THE OFFICE BEFORE LOADING STARTS. and this,upr Irom any respdnsibiiity from damage that may occur - -- - to.the premises and/or adjaoenl property,buildings,sidewalks, The undersigned promises to pay a0 costs,including reasonable attomeys fees Inounetl n collecting. driveway dubs,etc.by the delivery of this material,and that you + a{ry sums owed. .- '- f^r, ��JJJJ## t; A' also agree to help him rams a mud from the wheels of his vehicle - ALL ACCOUNTS NOT PAID WITHIN 30 DAYS OF DELIVERY WILL BEAR INTEREST AT TH6RA#TE�'�se that he 41 not litter the public street.Further as additional OF18%PER ANNUM. _: considers or, the undersigned agrees to indemnify and hobIM, a -x lkhanNess the driver of this truck;antlhissuplierfor arty and all `.NOT RESPONSIBLE FOR REACTIVE AGGREGATE OR CO OR OUALITV.NO CLAIM ALLOWED dame a to the remises and/or it cent. ro y be), 9 P @ W li pent which u,UNLESS MADE AT T1ME.MATERIAC IS DELIVERED l y t 1- claimed by anyone to have adsenoul of delivery of Nis orer a a >r• .-.�; cel D Service Charge and loss of the cash.d5ceunt wel�be Cogs ed on aI RMumetl Check Excess Delay Time Charged®$600Nhf � 4r` #r-- x QUANTITY CODE ON > a .4 .. d , yr tJNiT�PRIGE� � ' 'EXTENDED PRIG 5 !,Ck 7.00 CY rl'0005 2000 BLEND 0 CRETE'" 105 .0.0 735.00 r r , RETURNED TO PLANT LEFT JOB FINISH UNLO ADING MIXER WAITING TIM TIM E ALL OWED SUB TOTAL 725 .00 TAX 45-9 4 TIME ON JOB MINUTES TKT TOTAL 7$0_94 LEFT PLANT ARRIVED JOB START UNLOADING TIME DUE OVERTIME MINUTES ORD TOTAL 760 .94 ADDITIONAL CHARGE i RATE OF X$ PER MINUTE TOTAL ROUND TRIP TOTAL AT JOB UNLOADING TIME _$ DELAY TIME ADDITIONAL CHARGE 2 ,. _ s OVERTIME CHARGE". ® ,� e• — --, — ---___��.�__��..�._.�"�"�- — .------- ----- --•-- -------•-------.ram:: s• r - '" •. ' "f'T ' '1 y R f a See below for 40A and definitions Section IA Chapter 128 Section 1A. "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. Chapter 40 A Zoning Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of r S t June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term "agriculture" shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises. I Having likely determined that the cultivation, nurturing and maintenance of plants and trees may in fact be consistent with 40A,the remaining issues are the installation of additional maintenance structures, noise and vibration. Under the state building code,permits are required for all permanent structures meeting the state definition. These hoop structures are not considered to be permanent as they are portable. The noise ordinance is currently being reviewed. It is anticipated that all day activity involving heavy equipment may be considered a violation of the noise ordinance. The noise and vibrational aspect should be logged and reported to the police department for documentation of a nuisance. It should also be noted that during a recent conversation with the complainant, I suggested that the abutters explore options involving a civil action against Mr. Neath for the impeding the quiet enjoyment of the complainant's property. Opinion While it appears that 40A has tied our hands with regards to the cultivation and distribution of horticultural items on site, I believe the line is blurred with regards to the construction aspect of the landscape construction business and the total land mass devoted to the actual cultivation as required by 40A. Mr.Neath seems well versed in the boundaries and loop holes of 40A but the questions about crossing into a commercial nursery should also be posed. Commercial projects require a review process and if necessary zoning relief for an inability to preserve the bulk regulations outlined in the local zoning district. It seems that Mr. Neath continuously engages in some home project requiring machinery and work crews to be on site. He has previously noted his intentions to construct a rock wall, Koi pond, patio/garden area for the swimming pool, and relocate stacks of firewood. He seems to have an endless list of conveniently proposed improvements. While I understand that 40A gives great leeway to the cultivation and maintenance on site of horticultural products, I do not believe the intent and spirit of the 40 A allowance was never to be at the expense of the quiet enjoyment of the abutters. Imposing noise all day and creating ceaseless vibration is a negative impact suffered by the abutters. Mr. Neath, in my opinion has taken full advantage of his claim to the status of the 40 A exemption without providing proof of entitlement and furthermore exercises his claim without regard for his neighbors. Recommended Action • Mr. Neath should demonstrate to the Building Commissioner that he has met all of the criteria under 40A as an agricultural exempt use. • The Building Commissioner should perform a complete inspection to: Determine the intensity of the use,the number and secure installation of all temporary structures • Mr. Neath should be required to install additional landscape buffers and eliminate or limit the reliance on heavy equipment on site. General.Laws: CHAPTER 40A, Section 3 Page 1 of 3 t`a. •n 'Fl-I H 18 8 CiI:NERAL COURT'OF Home Glossary FAQs site search THE COMMONWEALTH OF MASSACHUSETTS Options G01 Massachusetts Laws Bills State Budget People ! Committees I Educate&Engage Events Massachusetts Laws General Laws Massachusetts Constitution Print Page PART I ADMINISTRATION OF THE GOVERNMENT General Laws (Chapters 1 through 182) PREV NEXT Session Laws ..... ........... ......................... TITLE VII CITIES, TOWNS AND DISTRICTS Rules PREV NEXT CHAPTER 40A ZONING .PREV NEXT J y� Section 3 Subjects which zoning may not regulate; exemptions; public v hearings temporary manufactured home residences i PREV NEXT i Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials,or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit,unreasonably regulate,or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture,silviculture, horticulture,floriculture or viticulture, including those facilities for the sale of produce,wine and dairy products, provided that either during the months of June,July,August and September of each year or during the harvest season of the primary crop raised on land of the owner.or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located,or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture,silviculture, horticulture, floriculture or viticulture,whether by the owner or lessee of the land on which the facility located or by another, except that all such activities may be limited to parcels of 5 acres or ---more or to parcels`s or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually I V generates at least$1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture,silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or.a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section,the term"agriculture"shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery. h . ttp://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4Oa/Section3 3/29/2013 General Laws: CHAPTER 40A, Section 3 Page 2 of 3 stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises. No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes,lot area, setbacks, open space, parking and building coverage requirements. Lands or structures used, or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance or by-law if, upon petition of the corporation,the department of telecommunications and cable or the department of public utilities shall,after notice given pursuant to section eleven and public hearing in the town or city,determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public; provided however,that if lands or structures used or to be used by a public service corporation are located in more than one municipality such lands or structures may be exempted in particular respects from the operation of any zoning ordinance or by-law if, upon petition of the corporation,the department of telecommunications and cable or the department of public utilities shall after notice to all affected communities and public hearing in one of said municipalities, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. For the purpose of this section,the petition of a public service corporation relating to siting of a communications or cable television facility shall be filed with the department of telecommunications and cable.All other petitions shall be filed with the department of public utilities. k No zoning ordinance or bylaw in any city or town shall prohibit,or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however,that such. land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements.As used in this paragraph,the term"child care facility"shall.mean a child care center or a school-aged child care program,as defined in section 1A of chapter 15D. Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination.The provisions of this paragraph shall apply to every city or town, including, but not limited to the city of Boston and the city of Cambridge. Family child care home and large family child care home, as defined in section 1A of chapter 15D, shall be an allowable use unless a city or town prohibits or specifically regulates such use in its zoning ordinances or by-laws. http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4Oa/Section3 3/29/2013 General Laws: CHAPTER 40A, Section 3 Page 3 of 3 1 I No provision of a zoning ordinance or by-law shall be valid which sets apart districts by any boundary line which may be changed without adoption of an amendment to the zoning ordinance or by-law. No zoning ordinance or by-law shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt. Any such manufactured home shall be subject to the provisions of the state sanitary code. No dimensional lot requirement of a zoning ordinance or by-law, including but not limited to, set back,front yard,side yard, rear yard and open space shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person,as defined in section thirteen A of chapter twenty-two. No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health,safety or welfare. No zoning ordinance or by-law shall prohibit the construction or use of an antenna structure by a federally licensed amateur radio operator. Zoning ordinances and by-laws may reasonably regulate the location and height of such antenna structures for the purposes of health, safety,or aesthetics; provided, however,that such ordinances and by-laws reasonably allow for sufficient height of such antenna structures so as to effectively accommodate amateur radio communications by federally licensed amateur radio operators and constitute the minimum practicable regulation necessary to accomplish the legitimate purposes of the city or town enacting such ordinance or by-law. Masssiov ( Site Mao I Terms of Lis e I Privgdy PdH¢k JitAIVINssibility Statement IContact Us Copyright©2013 The General Court,All Rights Reserved a http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4Oa/Section3 3/29/2013 general Laws: CHAPTER 40A, Section 3 Page-1 of 3 p p t� Home Glossary FAQs ` Ti-us 188 GENERAL COURT OF ' THE COMMONWEALTH OF MASSACHUSETTS site search Options GO Massachusetts Laws Bills State Budget People Committees Educate 8 Engage Events Massachusetts.Laws General Laws Print Page Massachusetts Constitution ---. ---------- _......-. .. ---- —..__....._._—� PART I ADMINISTRATION OF THE GOVERNMENT General Laws (Chapters 1 through 182) PREV NEXT SessionLaws ....... .. _..--....._ . _._...-.._ ...._.... ........ ....- -- _.... .-..- TITLE VII CITIES, TOWNS AND DISTRICTS i Rules PREV NEXT GHAPTER 40A ZONING PREV NEXT i Section 3 Subjects which zoning may not regulate; exemptions; public hearings;temporary manufactured home residences PREV NEXT ......t .. __........ .......... ... ....._ ..............._.... ....... ................ ...........: ............_... ...........:.... .._.-...-. Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials,or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate,or require a special permit for the use of land for the primary purpose of commercial agriculture,aquaculture,silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture,aquaculture, silviculture, horticulture,floriculture or viticulture, including those facilities for the sale of produce,wine and dairy products, provided that either during the months of June,July,August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon.either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture,aquaculture, silviculture, horticulture, floriculture or viticulture,whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture,silviculture, horticulture,floriculture or viticulture use on the parcel annually generates at least$1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture,silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section,the term"agriculture"shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4Oa/Section3 3/29/2013 f =eneral Laws: CHAPTER 40A, Section 3 Page 2 of 3 stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises. No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or . leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, that such land or structures maybe subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area,setbacks,open space, parking and building coverage requirements. Lands or structures used, or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance . or by-law if, upon petition of the corporation,the department of telecommunications and cable or the department of public utilities shall,after notice given pursuant to section eleven and public hearing in the town or city,determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public; provided however,that if lands or structures used or to be used by a public service corporation are located in more than one municipality such lands or structures may be exempted in particular respects from the operation of any zoning ordinance or by-law if, upon petition of the corporation,the department of.telecommunications and cable or the department of public utilities shall after notice to all affected communities and public hearing in one of said municipalities, determine the exemptions,required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. For the purpose of this section,the petition of a public service corporation relating to siting of a communications or cable television facility shall be filed with the department of telecommunications and cable. All other petitions shall be filed with the department of public utilities. No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however,that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area,setbacks,open space, parking and building coverage requirements.As used in this paragraph,the term"child care facility"shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D. Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person.Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination.The provisions of this paragraph shall apply to every city or town, including, but not limited to the city of Boston and the city of Cambridge. Family child care home and large family child care home, as defined in section IA of chapter 15D,shall be an allowable use unless a city or town prohibits or specifically regulates such use in its zoning ordinances or by-laws. http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4Oa/Section3 3/29/2013 General Laws: CHAPTER 40A, Section 3 Page 3 of 3 l 1 No provision of a zoning ordinance or by-law shall be valid which sets apart districts by any boundary line which may be changed without adoption of an amendment to the zoning ordinance or by-law. No zoning ordinance or by-law shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt. Any such manufactured home shall be subject to the provisions of the state sanitary code. No dimensional lot requirement,of a zoning ordinance or by-law, including but not limited to, set back, front yard,side yard, rear yard and open space shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person,as defined in section thirteen A of chapter twenty-two. No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health,safety or welfare. No zoning ordinance or by-law shall prohibit the construction or use of an antenna structure by a federally licensed amateur radio operator. Zoning ordinances and by-laws may reasonably regulate the location and height of such antenna structures for the purposes of health,safety,or aesthetics; provided, however,that such ordinances and by-laws reasonably allow for sufficient height of such antenna structures so as to effectively accommodate amateur radio communications by federally licensed amateur radio operators and constitute the minimum practicable regulation necessary to accomplish the legitimate purposes of the city or town enacting such ordinance or by-law. Mass.aov I Site Mao I Terms of Use I PriVsoo tlN6k Jit9>lftossibility Statement I Contact Us Copyright©2013 The General Court,All Rights Reserved a http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4Oa/Section3 3/29/2013 IGeneralLaws of Massachusetts - Chapter 61A Assessment and Taxation of Agricultural a... Page 1 of 1 onecle I ....... ............... ................._l seam,�. Ads by Gooale ►Attomev at Law ►Land ►Massachusetts Law ►Plots Land Sale - Court opinions -General Laws of Massachusetts - Chapter 61A AW US Supreme Court US Tax Court Assessment and Taxation of Agricultural and Board of Patent Appeals Horticultural Land. - Section 1 Land in agricultural State Laws use defined Alabama LAriz rnia Legal Research Home>Massachusetts Laws>Assessment and Taxation of Agricultural and Florida Horticultural Land>General Laws of Massachusetts-Chapter 61A Assessment and Taxation of Georgia Agricultural and Horticultural Land.-Section 1 Land in l lt i Illinois agricultural use defined u g Ir• t *�^- Indiana z Massachusetts " Michigan Loan Modifications Fast a r fl Nevada -1 New jersey maloanmodification.com � JI a New York ,T +•� North Carolina Trusted MA Modification Attorney Foreclosure and Mortgage Violations Adchotcea ID Oregon - ' Pennsylvania Texas Section 3.Land not less than five acres in area shall be deemed to be actively Virginia Washington devoted to agricultural or horticultural uses when the gross sales of US Code agricultural,horticultural or agricultural and horticultural products resulting from such uses together with the amount,if any,payable under a soil. ..wry �,�� ,•� - 1 USC-General Provisions conservation or pollution abatement program of the federal government or 2 USC-The Congress 3 USC-The President the commonwealth total not less than five hundred dollars per year or when 4IiSC-Flag and Seal the use of such land is clearly proven to be for the purpose of achieving an f •- • 5 USC-Gov't Organization / 6 USC-Domestic Security annual total of not less than five hundred dollars from such gross sales and ., 7 USC-Agriculture ` 8 USC-Aliens and Nationality program payments within the normal product development period as 9 USC-ArmediFo determined by the farmland valuation advisory commission established TOYOTA on 10 USC-Armed Forces 11 USC-Bankruptcy pursuant to section eleven of this chapter.In cases where the land is more 12 USC-Banks and Banking P _ 1.3 USC-Census than five acres in area,the gross sales and program payment standard above 14 USC-Coast Guard 15 USC-Commerce and Trade set forth shall be increased at the rate of five dollars.per acre except in the 16 USC-Conservation 17 USC-Copyrights case of woodland or wetland for which such increase shall be at the rate of 18 USC-Crimes fifty cents per acre. - 19 USC-Customs Duties 20 USC-Education - - 21 USC-Fo Relations Drugs 22 USC-Forereig 'Section: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next Foreign _ 23 USC-Highways - 24 USC -Indiaans ns Lastmodified:March 17�2010 - - 25 USC-Ind 26 USC-Internal Revenue Code 27 USC-Intoxicating liquors .. 28 USC-Judiciary 29 USC-Labor Tax Lien investing 101. 30 USC-Mineral Lands -""""""-- 31 USC-Money and Finance www.masteryourtaxlien.com/ - 32 USC-National Guard ..._............._....-_....-.. 33 USC-Navigation Learn from the Master,Become an Expert Adchaces tD 34 USC•Navy(repealed) - 35 USC-Patents 36 USC-Patriotic Societies 37 USC-Uniformed Services 38 USC-Veterans'Benefits _ 39 USC-Postal Service 40 USC-Public Property u 41 USC-Public Contracts 42 USC-Public Health - 43 USC-Public lands - 44 USC-Public Printing .. - . 4SUSC-Railroads 46 USC-Shipping - 47 USC-Telecom _ 48 USC-Territories , 49 USC-Transportation 50 USC-War US Constitution Preamble Art.I-Legislative Art.11-Executive Art.III-judicial Art.IV-States'Relations - Art.V-Mode of Amendment Art.VI-Prior Debts Art VII-Ratification - Business Contrails http://law.onecle.com/massachusetts/61a/3.html 3/29/2013 General Laws of Massachusetts - Chapter 6 1 A Assessment and Taxation of Agricultural a... Page 1 of 1 onecle Ads by G000ke ►Attorney at Law ►Massachusetts Law ►Tax Law IRS I ►Taxation Law Court Opinions General Laws of Massachusetts - Chapter 61A US Tax US SupremeTax Court. Court.court Assessment and Taxation of Agricultural and �` `� - Board of Patent Appeals Horticultural Land. - Section 1 Land in agricultural State Laws use defined 'TOYOTA Alabama MOST FUEL•EFFICIENT Arizona F California Lepal Research Home>Massachusetts Laws>Assessment and Taxation of Agricultural and (,c : :Aui TINE E � Florida Horticultural Land>General Laws of Massachusetts-Chapter 61A Assessment and Taxation of MANUFACTURER, Georgia Agricultural and Horticultural Land.-Section 1 Land in agricultural use defined i 11 Incas Indiana Id Massachusetts Michigan We Fiaht MA Foreclosures 'TaeomaaXa' Nevada VENT eNDa tN New Jersey maloanmodification.comIN e w York North Carolina MA Foreclosure&Modification Help Trusted Local MA Attorney Adchokes tI:, Oregon Pennsylvania Texas Section 1.Land shall be deemed to be in agricultural use when primarily and Virginia Washington directly used in raising animals,including,but not limited to,dairy cattle,beef US Code cattle,poultry,sheep,swine,horses,ponies,mules,goats,bees and fur-bearing m y animals,for the purpose of selling such animals or a product derived from 1 USC-General Previsions such animals in the regular course of business;or when primarily and directly 2 USC-The Congress 3 USC-The President used in a related manner which is incidental thereto and represents a ' 4 t7SC-Flag and Seal customary and necessary use in raising such animals and preparing them or • 5 1tSC-Guy, t Organization 6 USC-Domestic Security the products derived therefrom for market. 7 USC-Agriculture 8 USC-Aliens and Nationality 9 USC-Arbitration Section: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S Next 10 USC-Armed Forces TOYOTA 11 USC-Bankruptcy - '12 USC-Batiks and Banking Last modified:March 17,2010 13 USC-Census 14 USC-Coast Guard 15 USC-Commerce and Trade - 1.6 USC-Conservation 17 USC-copyrights Make Money On Your Home 18 USC-Crimes . 19 USC-Customs Duties 20 USC-Education www.homeaway.com 21 USC-Food acid mugs Average$12,000 a year when you renttout our vacation rental home 22 USC-Fore4pt Relations g y y y. AEChoices LD 23 USC-Highways - 24 USC-Hospitals 25 USC-Indians 26 USC-Internal Revenue Code 27 USC-Intoxicating Liquors 28 USC-Judiciary 29 USC-Labor 30 USC-Mineral Lands 31 USC-Money and Finance 32 USC-National Guard 33 USC-Navigation 34 USC-Navy(repealed) - 35 USC-Patents 36 USC-Patriotic Societies 37 USC-Uniformed Services _ 38 USC-Veterans'Benefits 39 USC-Postal Service 40 USC-Public Property 41 USC-Public Contracts 42 USC-Public Health 43 USC-Public lands 44 USC-Public Printing - 45 USC-Railroads - 46 USC-Shipping 47 USC-Telecom 48 USC-Territories 49 USC-Transportation - 50 USC-War US Constitution Preamble Art.I-Legislative Art.II-Executive - Art.DI-Judicial Art.IV-States'Relations r - Art.V-Mode of Amendment Art,VI-Prior Debts - Arl VII-Ratification - Business Contracts http://law.onecle.com/massachusetts/61a/l.html 3/29/2013 General Laws of Massachusetts - Chapter 61A Assessment and Taxation of Agricultural a... Page 1 of 1 onecle � , ------------------ -----, ��, Ads by Google ►Attorney at Law ►Massachusetts Law ►Tax Law IRS ►Land Scaoinq Court opinions General Laws of Massachusetts - Chapter 61A US Supreme Court Assessment and Taxation of Agricultural and US Tax CUnrl - BoardofPatentAppeals Horticultural Land. - Section 1 Land in agricultural State Laws use defined Alabama Arizona Legal Research Home>Massachusetts Laws>Assessment and Taxation of Agricultural and Cabfornia Florida Horticultural Land>General Laws of Massachusetts-Chapter 61A Assessment and Taxation of Georgia Agricultural and Horticultural Land.-Section 1 Land in agricultural use defined Illinois India is Massachusetts - Michigan We Fieht MA Foreclosures Nevada New Jersey _ maloanmotlification.com New York North Carolina MA Foreclosure&Modification Help Trusted Local MA Attorney Adchaces tD, Oregon Pennsylvania Texas t Section 2.Land shall be considered to be in horticultural use when primarily Virginia ington and directly used in raising fruits,vegetables,berries,nuts and other foods for US Code human consumption,feed for animals,tobacco,flower,sod,trees,nursery or greenhouse products,and ornamental plants and shrubs for the purpose of 1 USC-GeneralProvisions selling these products in the regular course of business;or when primarily 2 USC-The Congress 3 LISC-The President and directly used in raising forest products under a certified forest 4 USC-Flag and Seal management plan,approved by and subject to procedures established by the 5 I1SC-Gov't Organization 6(SC-Domestic security state forester,designed to improve the quantity and quality of a continuous 7 USC-Agriculture 8 USC-Aliens and Nationality crop for the purpose of selling these products in the regular course of 9 USC--Arbitration business'or when primarily and directly used in a related manner which is 30 USC-Armed Forces r 11 USC-Bankruptcy 12 USC-Banks and Banking t' y incidental to those uses and represents a customary and necessary use in atd 13 USC-Census raising these products and preparing them for market. 14 USC-Coast Guard 15 USC-Commerce and Trade 16 USC-Conservation Section: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next 171ISC-Copyrights — — — — — — — — 18 USC-Crimes 19 USC-Customs Duties Last modified:March 17,2010 20 USC-Education ... 21 USC-rood and Drugs - 22 USC-Foreign Relations a '. 23 USC-Highways - 25 USC-Indians Tax Liens under$2,5? - Code USC-Indians g We have a strategy, g ) --Adc�kea� 26 USC-Internal Revenue 27 USC-Intoxicatin Liquors 28 USC-Judiciary - even for our bud et: to 29 USC-Labor 30 USC-Mineral Lands - _ - 31 USC-Money and Finance _ 32 USC-National Guard 33 USC-Navigation 34 USC-Navy(repealed) - - 35 USC-Patents 36 USC-Patriotic Societies - 37 USC-Uniformed Services 38 USC-Veterans'Benefits 39 USC-Postal Service - - 40 USC-Public Property 41 USC-Public Contracts 42 USC-Public Health , 43 USC-Public Lands + a 44 USC-Public Printing - 45 USC-Railroads .. .. 46 USC-Shipping 47 USC-Telecom 48 USC-Territories - 49 USC-Transportation - 50 USC-War US Constitution Preamble ` Art.I-Legislative - - Art.R-Executive - - Art.III-judicial Art.IV-States'Relations Art.V-Mode ofAmenchnent - - - Art.VI-Prior Debts - Art VII-Ratification .. ...... ..._...-.... ......-_.._ Business Contracts http://law.onecle.com/massachusetts/61 a/2.html 3/29/2013 Loop Up Print Page 1 of 4 • Owner Information - Map/Block/Lot: 192 / 051/ - Use Code: 1010 Owner HERRERA, Map/Block/Lot GIs, MAPS, JACQUELINE, TRS 192 / 051/ Owner. Name 900 SHOOTFLYING Property Address as of 1/1/12 HILL RD 900 SHOOTFLYING HILL RD CENTERVILLE, MA. 02632 Village: Centerville Co-Owner NEATH FAMILY Name TRUST Town Sewer At Address: No GIS Zoning Value: RD-1 . Assessed Values 2013 - Map/Block/Lot: 192 / 0511 - Use Code: 1010 2013 Appraised Value 2013 Assessed Value Past Comparisons Building $ 302,400 $ 302,400 Year Total Value: Assessed Value Extra $ 59,200 $ 5%200 2012 - $ 5465200 Features: 2011 - $ 5265000 Outbuildings: $,46,100 $ 46,100 2010 - $ 554,600 Land $ 136,300 $ 136,300 2009 $ 609,400 Value: 2008 - $ 685,600 2007 - $ 671,800 2013 $ 544,000 $ 5449000 Totals . Tax Information 2013 - Map/Block/Lot: 192 / 0511- Use Code: 1010 Taxes C.O.M.M. FD Tax $ 805.12 (Residential) Community $ 142.96 Preservation Act Tax Town Tax $ (Residential) 43,765.44 Fiscal Year 2013 TAX`RATES HERE 59713.52 • Sales History - Map/Block/Lot: 192 / 0511 - Use Code: 1010 http://www.town.bamstable.ma.us/Assessing/printl 3.asp?ap=0&searchparce1=192051 3/29/2013 Loop Up Print Page 2 of 4 r History: Owner: Sale Date Book/Page: Sale Pric HERRERA, JACQUELINE, TRS 7/10/2009 23878/47 $1 NEATH, MICHAEL P 2/14/2002 14822/90 $1 WALSH, BRIAN P TR 5/18/2001, 13847/192 $375000 RAYNHAM MARKETPLACE INC 5/19/2000 13020/301 $312000 JONES, LINDA M 11/24/1975 2265/339 $0 . Photos 192 / 051/ - Use Code: 1010 • Sketches - Map/Block/Lot: 192 / 051/ - Use Code: 1010 M u - ^ 1 M AZ- LAW J t 6 i AsBuilt Card N/A . Constructions Details - Map/Block/Lot: 192 / 0511 - Use-Code: 1010 Building Details Land Building value$ 302,400 Bedrooms 5 Bedrooms USE ' f 101 CODE Replacement $351, (Acres) 582 Bathrooms 2 Full + 2H Lot Size Cost 2.2 � Model Residential Total 9 Rooms. Appraised $ http://www.town.bamstable.ma.us/Assessing/printl 3.asp?ap=0&searchparcel=192051 3/29/2013 Loop Up Print Page 3 of 4 Rooms Value 136, Assessed $ Style Modern/Contemp Heat Fuel Oil Value 1365 Grade Average Plus Heat Type Hot Water Year Built 1976 AC Type None Effective 14 Interior HardwoodWide depreciation Floors Pine Stories 2 Stories Interior Walls Drywall Living Area 3,766 Exterior Clapboard sq/ft Walls Gross Area Roof sq/ft 6,897 Structure Gable/Hip - Roof Cover Asph/F GIs/Cmp . Outbuildings & Extra Features - Map/Block/Lot: 192 / 051/ - Use Code: 1010 Code Description Units/SQ ft Appraised Value Assessed Value SHED Shed 220. $ 200 $ 2,800 BMT Basement- 1656 $ 29,000 $ 29,000 Unfinished WDCK Wood Decking 455 $ 6,800 $ 6,800 w/railings FOP Open Porch- 36 $ 2,100 $ 2,100 roof-ceiling GAR Attached Garage 600 $ 15,200 $ 15,200 GEN Emergency 1 $ 4,000 . $ 4,000 Generator FPL2 Fireplace 1.5 1 $ 3,900 $ 3,900 stories FPO Ext FP Opening 1 $ 1,300 $ 1,300 SNA Sauna Rm 15-100sf 1 $ 7,700 $ 7,700 . TEN Tennis Court 7200sf-Concr 7200 $ 17,100 $ 17,100 SPL3 Pool Gunite 512 $ 155400 $ 15,400 http://www.town.bamstable.ma.us/Assessing/printl 3.asp?ap=6&searchparcel=192051 3/29/2013 Loop Up Print Page 4 of 4 • Sketch Legend Property Sketch Legend 132N Barn-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished) FUS Second Story Living Area(Finished) TQS Three Quarters Story(Finished, BRN Barn GAR Garage OAT Attic Area(Unfinished) CAN Canopy GAZ Gazebo UHS Half Story(Unfinished) CLP Loading Platform GRN Greenhouse UST Utility Area(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UTQ Three Quarters Story(Unfinishe FCP Carport KEN Kennel UUA Unfinished Utility Attic FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUS Full Upper 2nd Story(Unfinishe FHS Half Story(Finished) PRG Pergola WDK Wood Deck FOP Open or Screened in Porch PTO Patio 0 http://www.town.bamstable.ma.us/Assessing/printl 3.asp?ap=0&searchparcel=192051 3/29/2013 r.. r Farmland Tax Break Loophole State Activity Page Page 1 of 4 - Home> State Info> Innovative Legislation > Farmland Tax Break Loophole INNOVATIVE STATE LEGISLATION ISSUE: FARMLAND TAX BREAK LOOPHOLE According to data from the 1997 Natural Resources Inventory, on average, 1.2 million acres of land are converted out of agricultural use every year in America. That's about 2 acres lost every minute of every day.0)Developers who exploit a loophole in state tax laws are contributing to the loss of our nation's agricultural lands and cheating state governments out of tax revenue. Farmland tax breaks exist in most states. There are two types: differential use assessment and circuit breakers. Differential or"use-value" assessment taxes agricultural land according to what income farmers can be expected to earn from it, as opposed to the land's market or development value. Circuit breaker laws allow farmers to claim state income tax breaks to offset local property taxes. Circuit breaker laws exist only in Wisconsin, Michigan, and New York. Farmland tax break laws help farmers survive by alleviating their real property taxes; tax farmers appropriately by assessing farmland for its agricultural value as opposed to its market/development value; and,protect farmland by giving farmers a financial incentive not to sell their property. Because the definition of"agricultural use" is broad in most of these laws, many developers, planning to convert _ farmland out of agricultural use, can qualify for the break by maintaining even symbolic farming activities. Throughout the time a developer is preparing land for construction, he/she can qualify for a farmland tax break by keeping a few cows or a small crop. Developers in some states continue to claim the break even after they begin construction. Here's a typical example: In Iowa, real estate developer Knapp Properties Inc. owns 239 acres near the Des Moines Airport. The land, close by a Wingate Hotel and a Federal Reserve check-processing plant, is subdivided for commercial development_and for sale at a total price of$7 million. But, because Knapp allows local farmers to plant corn and soybeans on it,the company paid $14,345 in property taxes last year instead of$320,514.(2)This sort of tax avoidance is being played out all over the country. Surprisingly,very few states have taken action to prevent it. According to numerous studies on the costs of community services, farmers pay out more in property taxes—even if they are enrolled in a farmland protection program with the state—than they receive in services from the government. The opposite is true for residential housing; in every case, the cost of government services exceeds the taxes paid by property owners.(3)This is a disturbing fact, and should weigh heavily on the minds of state legislators when deliberating farmland taxation. To slow the loss of our remaining farmland, we must,through more effective, smart growth planning strategies, shift development away from our remaining productive farmland. Two concrete actions state legislators can take in this vein are to strengthen their farmland tax laws, and incur stiffer penalties on those who abuse farmland preservation programs. States can: • Require local governments to designate "agricultural preserves," in order to protect farmland and enter into long-term, renewable contracts with farmers who own agricultural land within http://www.serconline.org/farmlandTaxLoophole.html 3/29/2013 Farmland Tax Break Loophole State Activity Page Page 2 of 4 preserves. Include a provision that allows farmers to break the contract under extreme circumstances. In California,the state signs 10-year contracts with farmers (see below for more details). • Institute a tax penalty system that is an appropriate disincentive for developers intent on building- over farmland; but will not dissuade farmers from entering into preservation contracts. Keep the program focused on preservation and make it flexible for farmers. Many farmland tax laws require farmers to keep their land agriculturally"active."Under theses programs, if a farmer decides to leave his/her land fallow for a year(as farmers practicing sustainable agriculture sometimes do),they lose the tax break for that year. As discussed above, farmers receiving tax breaks, in most states, still pay more in taxes than they receive in services from the government. State Actions California Arguably, the most comprehensive and successful agricultural tax break program in the country,the Williamson Act,began in 1965. Since then, over 16.3 million acres of agricultural land have been preserved under the program in California.(4)The Act allows farmers to sign renewable 10-year contracts with local governments. Landowners agree to restrict use of property within preserves to agriculture or open space for the term of the contract. Owners of qualified land receive reduced property tax rates varying from 20%-75%. To qualify for the break,the land must be in an"agricultural preserve" area,the borders of which are determined by local planning agencies, and must comply with state law.(5) If a landowner fails to comply with the terms of the Land Conservation Contract,the local government may seek a court injunction to enforce the terms of the contract. Where the breach of the contract is a violation of land use restrictions, normal zoning enforcement provisions will also apply. Farmers may cancel their contracts under specific circumstances, but not without a penalty.(s)In 1998, California passed a law allowing the creation of Farmland Security Zones (FSZ). Farmers who sign 20-year FSZ contracts receive larger benefits, including a 35 percent reduction in property tax assessments, in addition to values tallied under Williamson Act contracts, and protection from annexation and school sitings on agricultural lands. In response to a state audit of the program in Santa Clara County,the local a government decided to strengthen the Williamson Act within its jurisdiction in two ways: (1)By requiring the establishment of commercial agricultural use on property before recommending approval; and, (2)By requiring the establishment of commercial agricultural use, once a piece land is protected in the program,prior to any development. Only developments required to carry out commercial farming activities, or residences for farmers, are considered for approval. For Williamson Actupdates in Santa Clara County,visit the Santa Clara County Planning Office web site. Massachusetts Chapter 61A of Massachusetts General Law is designed to encourage the preservation of the state's valuable farmland and promote active agricultural and horticultural land use, by assessing agricultural property at"use-value" for farm owners who keep their land in"active"agricultural use.(8)The program is of note for a few reasons. First of all, if a landowner plans to sell agricultural property or plans to convert it to residential,,commercial, or industrial use,the local government has the right-of-first- refusal. The government may also assign this option to a nonprofit, conservation organization. Second,a farm under contract pursuantto Chapter 6 1 A that is no longer"actively devoted,"whether or not the owner is considering selling the land, would no longer qualify for the break..The owner would be subject to the greater.9f.the following two tax penalties: (1)A roll-back tax for a 5-year period(the roll- back tax is the difference-between the amount the owner would'have paid in annual property taxes on the land if it had been taxed at its fair market value and the amount of taxes he/she paid on the land under Chapter 61A during,the same time); or, (2)An alternative'conveyance tax. This is based on the conveyance tax rate applied to the sales price of the land or, if converted,to the fair market value of the land as determined by assessors. The conveyance tax rate is ten percent, if the land.is sold or converted http://www.serconline,.org/farmlandTaxLoophole.html 3/29/2013 Farmland Tax Break Loophole State Activity Page Page 3 of 4 or sold out of agricultural use within the first year of ownership; nine percent, if sold or converted within the second year, and so on. Michigan Michigan is one of three states that has a circuit breaker farmland tax program. Farmers claim state income tax credits to offset their local property tax bills. They must sign 10-year agreements with their local government requiring them to keep the land in agricultural use.191 Michigan assesses a recapture tax on property converted from agricultural use while receiving a farmland tax break from the state. Under the Agricultural Property Recapture Tax Act, a recapture tax is owed for up to 7 years immediately preceding the year in which the qualified agricultural property is converted by a change in use, either by sale or development. The recapture tax equals the tax benefit obtained with respect to the property as the result of the cap in the period between the date of the first exempt transfer and the subsequent change in use,which is not to exceed 7 years South Carolina South Carolina lawmakers tightened the state tax code in the 1990s, in response to developers exploiting the state farmland tax break. To qualify for the break,cropland must now be at least 10 acres, and timberland, 5 acres; or,the owner must show at least$1,000 gross income from the property for 3 of 5 years. Press Clips News Articles 4/5/04 Charleston Post-Courier: State's farmland tax law tighter than others 3/31/04 San Francisco Chronicle: AP Investigation: Loopholes send millions in tax breaks to developers 4/21/03 Gilroy Dispatch: County closing ag tax break loophole Press Releases 10/03 Committee for Green Foothills: The Williamson Act: Closing loopholes in technical language turns tricky 8/00 Great Lakes Bulletin: "Farmland Preservation"Proposal a Sprawl Subterfuge Links • American Farmland Trust • Farmland Information Center • Lincoln Institute of Land Policy Special thanks to Jesse Robertson-Dubois of the American Farmland Trust for technical assistance with this State Activity Page. Sources: (1)"Farming on the Edge:Sprawling Development Threatens America's Best Farmland."Washington,D.C.:American Farmland Trust,2002. 14 May 2004<http://www.farmiandinfo.org/documents/29393/Fartning_on_theEdge_2002.pdf>. (2)Breed,Allen G.and Martha Mendoza."AP Investigation:Loopholes send millions in tax breaks to_developers."San Francisco Chronicle.31 March 2004. 14 May 2004<http://www.sfgate.com/cgi-bin/drticle.cgi? f=/news/archive/2004/03/3 I/state 1825ESTO 124.DTL>. (3)"Fact Sheet:Cost of Community Services Studies."Washington,D.C.:American Farmland Trust,November 2002. 14 May 2004<http://www.fannlandinfo.org/documents/27757/FS—COCS-1 1-02.pdf>. (4)"Enrollment Statistics."State of California,Department of Conservation,Division of Land Resource Protection.Last Edited http://www.serconline.org/fannlandTaxLoophole.html 3/29/2013 Farmland Tax Break Loophole State Activity Page Page 4 of 4 on April 30,2004. 14 May 2004<http://www.consrv.ca.gov/DLRP/ica/stats_reports/index.htm>. (5)According to the Williamson Act,an agricultural preserve defines the boundary of an area within which a city or county will enter into contracts with landowners.The boundary is designated by resolution of the board of supervisors(board)or city council (council)having jurisdiction.Only land located within an agricultural preserve is eligible for a Williamson Act contract.Preserves are regulated by rules and restrictions designated in the resolution to ensure that the land within the preserve.is maintained for agricultural or open space use.An agricultural preserve must consist of no less than 100 acres.However,in order to meet this requirement two or more parcels may be combined if they are contiguous,or if they are in common ownership.Smaller agricultural preserves may be established if a board or council determines that the unique characteristic of the agricultural enterprise in the area calls for smaller agricultural units,and if the establishment of the preserve is consistent with the General Plan.Preserves may be made up of land in one or more ownerships."California Land Conservation Act(Williamson Act)." California Government Code,Title 5,Division 1,Part 1,Chapter 7,Section 51230-51239, 1965.Official California Legislative Information.Last Modified on December 11,2003. 14 May 2004<http://ceres.ca.gov/topic/env_law/williamson/stat.html>. (6)Only the landowner can petition to cancel a contract.To approve a tentative contract cancellation,a county or city must make specific findings that are supported by substantial evidence.The existence of an opportunity for another use of the property is not sufficient reason for cancellation.In addition,the uneconomic character of an existing agricultural use shall not,by itself,be a sufficient reason to cancel a contract.The landowner must pay a cancellation fee equal to 12 1/2 percent of the cancellation valuation of the property."California Land Conservation Act(Williamson Act)."Section 51240-51257. (7)Peak,Dana,Williamson Act Program Manager,Planning Office,Santa Clara County,California.Personal Communication.6 April 2004. (8)Land must be considered"actively devoted"to farm use for two consecutive fiscal years for it to qualify under Chapter 61A. "Assessment and Taxation of Agricultural and Horticultural Land."General Laws of Massachusetts,Title IX,Chapter 61 A. General Court of the Commonwealth of Massachusetts. 14 May 2004<http://www.state.ma.us/legis/laws/mgl/gl-61a-toc.htm>. (9)In a similar program in Wisconsin,counties and towns must adopt plans and enact agricultural protection zoning to ensure that tax credits are targeted to productive agricultural land.The Wisconsin program has facilitated the adoption of agricultural protection zoning in more than 400 local jurisdictions."Fact Sheet:Farmland Protection Toolbox."Washington,D.C.:American Farmland Trust,October 2002. 14 May 2004<http://www.farmiandinfo.org/documents/27761/FS_Toolbox_10-02.pdf>. This page was last updated on May 14, 2004. The SERC project has been discontinued due to lack of funding.We apologize, but it's unlikely that we'll be able to respond to requests for information about the material posted on this site. State Environmental Resource Center Madison,Wisconsin http://www.serconline.org/farmlandTaxLoophole.html 3/29/2013 I � � �I i ' �� - . _ I _ I Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 Landscape construe on This-division-provides`landscape-construction=and-installatic Landscape Design; and commercial clients. We provide installation services from Landscape well as bidding on client's plans provided by outside landscape Construction We specialize in medium to large-scale Property Maintenance installations using a variety of plant materials and mediums. Our experience and expertise include Flower Installation but are not limited to Managernent Hardscape Landscape Lighting • Stone Retaining Walls • • . • Bluestone and brick walkways and patios • Pergolas, Trellises and Decks Testimonials • In ground Swimming Pools • Irrigation Installation Employment • Low-voltage Landscape Lighting Planting'Services Contact Us • Full Landscape installation • Large Specimen Planting • Transplants • Screenings Each project is treated individually based on the custom( project specifications. P.O. Box 328, Centerville; MA 02632 Ph: 508.420.6000 • Fax: 508.775.8892 Email: info@mpnlc.com Copyright©2004-2007 Michael P. Neath Landscape Construction.All http://www.mpnlc.com/landconstruction.html 3/26/2013 General Laws of Massachusetts - Chapter 61A Assessment and Taxation of Agricultural a... Page 1 of 1 onecle �-----------� 5��, Ads by Goonte- ►Attorney at Law ►Massachusetts ►Taxation Law ►Land Court Opinions General Laws of Massachusetts - Chapter 61A US Supreme Court Jeep Assessment and Taxation of Agricultural and US Tax Court Board PatentAppeals Horticultural Land. - Section 1 Land in agricultural statee Laws use defined Alabama ,14 GRAND Arizona Legal Research Home>Massachusetts Laws>Assessment and Taxation of Agricultural and � - California Florida Horticultural Land>General Laws of Massachusetts-Chapter 61A Assessment and Taxation of Georgia Agricultural and Horticultural Land.-Section 1 Land in agricultural use defined Illinois LEASE A 2— Indiana Massachusetts Michigan Medical Malpractice Help Nevada YyITH$2,499 DUE AT LEASE Nety Jersey CroweMulvey.com/Malpractice °� DEPOSIT REQUIRED., SI G—G.NO SECURITY New York — -- -� North Carolina If You've Been Injured By Medical Malpractice Then Call Us For Help! Adchoices tD Oregon Pennsylvania TexasVir inia Section 2.Land shall be considered to be in horticultural use when primarily Washington and directly used in raising fruits,vegetables,berries,nuts and other foods for US Code human consumption,feed for animals,tobacco,flower,sod,trees,nursery or greenhouse products,and ornamental plants and shrubs for the purpose of 1 USC General Provisions selling these products in the regular course of business;or when primarily 2 USC The Congress and directly used in raising forest products under a certified forest 3 USC-The President 4 USC-Flag and Seal management plan,approved by and subject to procedures established by the 5 USC-Gov't Organization 6 USC-Domestic Security state forester,designed to improve the quantity and quality of a continuous 7USC-Agriculture 8 USC-Aliens and Nationality crop for the purpose of selling these products in the regular course of 9 USC-Arbitration 10 USC-Armed Forces business;or when primarily and directly used in a related manner which istt;�Et1> .. . 11 USC-Bankruptcy incidental to those uses and represents a customary and necessary use in 12 USC-Banks and Banking P customary necessary 13 USC-Census raising these products and preparing them for market. 14 USC-Coast.Guard 1.5 USC-Commerce and Trade - 16USC-Conservation Section: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next 17 USC-Copyrights — — — — — — — — — — — — — — 18 USC-Crimes 19 USC-Customs Duties 20 USC-Education Last modified.-March 17,2010 _ 21 USC-Food and Drugs 22 USC-Foreign Relations 23 USC-Highways .. 24 USC-Hospitals 25 USC-Indians 26 USC-Internal Revenue a , Code _27 IISC-Intoxicating Lirluors Employee Owned. Focused. 28 USC-Judiciary 29 USC-Labor 30 USC-Mineral Lands 31 USC-Money and Finance 32 USC-National Guard 33 USC-Navigation 34 USC-Navy(repeated) 35 USC-Patents 36 USC-Patriotic Societies 37 USC-Uniformed Services 38 USC-Veterans'Benefits 39 USC-Postal Service 40 USC-Public Property 41 USC-Public Contracts - - 42 USC-Public Health 43 USC-Public Lands 44 USC-Public Printing 45 USC-Raibnads 46 USC-Shipping 47 USC-Telecom - 48 USC-Territories 49 USC-Transportation 50 USC-War US Constitution Preamble Art.I-Legislative Art.II-Executive Art.III-judicial A .IV-States'Relations Art.V-Mode of Amendment Art.VI-Prior Debts Art VII-Ratification ..-...- _......1...................... ........_ .................. Business Contracts http://law.onecle.com/massachusetts/61 a/2.html 3/26/2013 a 1 Ike V� f .. * z L r S P� '.wt - ': - NOT , FOR PUBLIC VIEW Town of Barnstable -of THE Regulatory Services ° Thomas F.Geiler,Director B" * Building Division y MASS., �4 �lB1 Mpi a Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 COMPLAINVIN UIRY REPOR Date: 11 Rec'd by:Y Complaint Name. C u 4rVML. Map/Parcel 4:� ®S Location Address: `(00 SL ML � "13l (in, Uf Originator Name: 00ro to Street: l VillageUT�. State:- Zip:, Telephone: . P Complaint Description: o ks,-dlv� j YW- FOR OFFICE USE.ONLY Inspector's Action/Comments Date: Inspector: Additional Info.Attached Ce�,c� C— General Laws: CHAPTER 111, Section 3 1 C Page 1 of 2 t'^ p p rtt Home Glossary FAGS THE ZOO GENERAL COURT of site search THE COMMONWEALTH OF MASSACHUSETTS Options Go Massachusetts Laws Bills 1 State Budget I' People 4 Committees 1 Educate&Engage Events Massachusetts Laws General Laws Print Page Massachusetts Constitution PART I ADMINISTRATION OF THE GOVERNMENT General Laws (Chapters 1 through 182) PREV NEXT Session Laws TITLE XVI PUBLIC HEALTH Rules I PREV NEXT I CHAPTER 111 PUBLIC HEALTH PREV NEXT Section 31C Atmospheric pollution; regulation and control; publication; hearings; penalties; enforcement; jurisdiction; injunction PREV NEXT Section 31.E•A,board of,health�!or other legal authority constituted for such purpose by vote of the town or city council shall have jurisdiction to regulate and control atmospheric pollution, ,_ _ � including, but not limited to;*the emission,of_-smoke,-particul ate matter-soot,—cinders;ashes,. �. ctoxic-and:radioactive,Substances, fumes,:vapofs,—.gasestiir dustrial odors'and'dusts-as.may> arise within its bounds and which const tutes'a:nu sauce;aZdanger to the public health, or impair the public comfort and convenience. Said board of health or other legal authority, subject to the approval of the department of environmental protection, in this section called the department, may from time to time adopt reasonable rules and regulations for the control of atmospheric pollution. Before the board of health or other legal authority submits such rules and regulations to the department for approval,such board or other legal authority shall hold a public hearing thereon, of which notice shall be given by publication for one day in each of two successive weeks in a newspaper published in the town,the first publication to be at least fourteen days prior to the date of the hearing, or if no newspaper is published in such town, by posting a copy of such notice in a public place therein. Said rules and regulations, when approved by the department, and after publication in a newspaper published in the town, or, if no newspaper is published in such town, after posting a copy in a public place, shall have the force of law. The department shall advise the board or other legal authority in all matters of atmospheric pollution.The department may, upon request of the board of health or other legal authority of a town adversely affected by atmospheric pollution arising in another town, after a hearing to all parties interested,assume joint jurisdiction to regulate or control such cause of atmospheric pollution and may exercise all powers of the local board of health or other legal authority under provisions of the General Laws or any special laws. Whoever violates any order, rule or regulation promulgated or adopted under the provisions of this section shall be punished, for the first offense, by a fine of not less than one thousand nor more than five thousand dollars and for a subsequent offense, by a fine of not less than five http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapterlll/Section3Ic 4/2/2013 General Laws: CHAPTER 111, Section 31C Page 2 of 2 thousand nor more than ten thousand dollars For the purpose of this paragraph each day or part thereof of violation of such an order, rule or regulation whether such violation be continuous or intermittent,,shall be construed as a separate and succeeding offense. Rules and regulations promulgated or adopted under the provisions of this section shall be enforced by said board of health or other legal authority either of which may delegate the power to enforce specific regulations to other agencies or departments of the same city or town.The superior court shall have jurisdiction in equity to enforce such rules and regulations and may restrain by injunction any violation thereof. Mass.gov I Site Mao I Terms of Use I PrivatyRdli>P jitAlWassibility Statement I Contact Us Copyright©2013 The General Court,All Rights Reserved http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/ChapterlII/Section3lc 4/2/2013 Although discussed in greater detail below,the formula to be used in determining how far local zoning can go where,within G.L. c.40A, Section 3,the Legislature has allowed local regulation,was defined in Trustees of Tufts College v. City of Medford.10 Although the Court was resolving a challenge regarding the educational exemption (discussed in Section 3.0,below),their holding regarding the breadth of allowable local regulation under the Zoning Act's Section 3 as a whole, is instructive)1 As the material below is reviewed,please keep in mind the Court's response as noted in footnote#11 from Trustees of Tufts College_v. City of Medford. Section 3 exemptions, where not absolute,permit local regulations,provided these regulations do not result in the unreasonable frustration—de facto prohibition—of the protected activity. 2.0 Exemptions under the State Building Code12 10 415 Mass. 753 (1993). 11 "Local zoning requirements adopted under the proviso to the Dover Amendment which serve legitimate municipal purposes sought to be achieved by local zoning, such as promoting public health or safety,preserving the character of an adjacent neighborhood, or one of the other purposes sought to be achieved by local zoning...may be permissibly enforced." 415 Mass. 753, 758-759, (1993). The Court continued: "What we have said thus far suggests that the question of reasonableness of a local zoning requirement, as applied to a proposed education use,will depend on the particular facts of each case. Because local zoning laws are intended to be uniformly applied, an educational institution making challenges similar to those made by Tufts will bear the burden of proving that the local requirements are unreasonable as applied to it proposed project. The educational institution might do so by demonstrating that compliance would substantially diminish or detract from the usefulness of a proposed structure,or impair the character of the institution's campus, without appreciably advancing the municipality's legitimate concerns. Excessive cost of compliance with a requirement imposed on an education institution, without significant gain in terms of municipal concerns,might also qualify as unreasonable regulation of an educational use...". Id at 759-760. 12 The State Building Code (780 CMR 51.00, et seq., governing single and two family dwellings), Title 5 of the State Sanitary Code (310 CMR 15.00, et seq.)and the Wetlands Protection Act(310 CMR 10.00, et seq.)are state laws implemented and enforced by the respective cities and towns. While G.L. c.40A, s.3 precludes local regulation of the subject matter regulated by the State Building Code, Section 3 contains no prohibition on the adoption of local regulations,thus the Wetlands Protection Act and Title 5 of the State Sanitary Code are best viewed as "floors" and not"ceilings" for local regulation. An issue is often raised pursuant to an application for a comprehensive permit(G.L. c.40B, s.20-23)that has been appealed to the Housing Appeals Committee. Does the Committee have jurisdiction to override regulations empowering state agencies, or state laws, enforced by local government, including, for example, the State Building Code, the Wetlands Protection Act and the State Sanitary Code? The answer is no. "We find nothing in those sections [referring to the State Building Code] or in the Hanover case which suggest that the Housing Appeals Committee has been empowered with authority 4 r Section 3 precludes a local zoning ordinance or bylaw from regulating or restricting the use of materials or methods of construction of structures regulated by the state building code'3. This prohibition is straightforward. More problematic, however,is that Section 3 precludes regulation or restriction of"the interior area of a single family residential building"while simultaneously allowing local regulation of"the bulk and height of structures..." and"building coverage requirements".14 For example, local zoning cannot allow the use of 2x4's where the state building code requires 2x6's. Nor could a zoning ordinance alter the building code's requirements for window access or emergency door placement. Some communities have raised questions, however, about potential conflicts with local zoning and the building code preemption insofar as the zoning ordinance establishes, for example,the maximum number of bedrooms allowed within a dwelling,the maximum footprint of the dwelling or the floor to area ratio of a single family dwellingls to override or ignore laws passed by the Legislature or regulations validly promulgated by the Commonwealth's various boards, departments, agencies or commissions." Board of Appeals of North Andover v. Housing Appeals Committee,4 Mass. App.Ct. 676, 680 (1976), referring to Board of Appeals of Hanover v. Housing Appeals Committee, 363 Mass. 339 (1973). The Housing Appeals Committee's assertion of authority was most recently repudiated again in Zoning Bd. of Appeals of Groton v. Housing Appeals Committee,451 Mass. 35,40(2008)where the HAC concluded that it had authority under G.L. c. 40B to order the town to convey an easement,notwithstanding the fact that conveyance of an easement would require a town meeting vote. (Apart from the lack of authority in the Act for the committee to do what it did,the committee's power is further circumscribed by the fact that it lacks authority to override State law") and Board of Appeals of Woburn v. Housing_Appeals Committee of Dept. of Housing and CommunitX Development, 451 Mass. 581, 595 (2008)where the HAC concluded that it had the power to deem a decision by a local board of appeals that approved a project with conditions to be a"denial"("This position seems, at most,to be that such a power would be helpful in effectuating the legislative purpose underlying [the act]. That is quite possibly true, but it is not a basis for this court to invest the [committee] with powers beyond those given it by the Legislature"). 13 The State Building Code defines the word"building"as follows: "A structure enclosed within exterior walls or firewalls,built, erected and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of Persons, animals or property." 4 See, 81 Spooner Road LLC v. Town of Brookline,452 Mass. 109, 115 (2008). "To the extent that § 3, second par.,both prohibits and permits regulation or restriction of the interior area of single-family residences, it is ambiguous. The ambiguity lies in the words `regulate or restrict.' Where we are unable to ascertain the intent of the Legislature from the words of a statute, we look to external sources, including the legislative history of the statute, its development, its progression through the Legislature, prior legislation on the same subject, and the history of the times." 15 To date, it is clear that cities and towns may permissibly regulate the ultimate bulk— size—of a single family dwelling by limiting the structure's footprint, either through the 5 It is important to note that these requirements, and ones of similar design and intent, do not run afoul of the Section 3 preemption. The purpose of the preemption is to establish a uniform set of rules and regulations governing the health and safety aspects of building construction in the Commonwealth. While local zoning may not interfere with the use of materials or methods of construction standards, local zoning may regulate and reasonably restrict the size, shape and location of structures.16 "It should be borne in mind that the purposes and operation of zoning laws and building codes are somewhat divergent...Whereas the main purpose of zoning is to stabilize the use of property and to protect an area from deleterious uses... a building code `relates to the safety and structure of buildings".17 3.0 Exemptions for Agricultural,Religious and Educational Uses 3.1 Exemptions for Agricultural Uses General Laws Chapter 40A Section 3 provide broad,but confusing language establishing protection from local zoning for uses generally referred to as"agricultural".18 It is use of traditional setback minimums or the use of floor to area ratio requirements. "We conclude that regulation of the bulk of a building by considering its internal area, as through the use of a floor-to-area ratio, is a generally recognized and accepted principle of zoning. We further conclude that the Legislature was well aware of this principle when it treated"size" and "bulk" as discrete terms in St.1975, c. 808, § 2A,part of the legislation that inserted the current zoning enabling act, and intended regulation by bulk to include consideration of internal area. It follows that the proviso of§ 3, second par., permits consideration of interior area in bulk regulation". 81 Spooner Road LLC v. Town of Brookline,452 Mass. 109, 115 (2008). See also White v. Armour, 2008 WL 4946478, (Mass.Land Ct., 2008)citing to 81 Spooner Road LLC. 16"We perceive nothing beyond the limits of proper zoning objectives in a provision of the amendment restricting apartments to three rooms, a kitchen and a bath. This, as the judge ruled, is a size description which cannot be said, as a matter of law,to be unreasonable. If that provision has any effect upon the `density of population' in, or the `use' of, apartment buildings,those matters constitute appropriate consideration in the framing of zoning bylaw." Hallenbora v. Town Clerk of Billerica, 360 Mass. 513, 521 (1973). 17 Enos v. City of Brockton, 354 Mass. 278, 280-281 (1968), citing Norcross v. Board of Appeal of the Bldg. Dept. of Boston, 255 Mass. 177, 182 (1926). 18 "...nor shall any such ordinance or by-law prohibit,unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture,horticulture, floriculture or viticulture,nor prohibit, unreasonably regulate or require a special permit for the use, expansion,I reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture,horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products,provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 percent of such products for sale, 6 important to note at the outset that whether a land use is entitled to the statutory protection of Section 3 does not turn on whether the use is commercial—involving retail sales—or not. An agricultural use or activity that has no retail or wholesale distribution is nevertheless protected by Section 3. "All agriculture conducted for profit is commercial in some degree."19 Confusion has centered on several areas of the statute; notably the definition of "agriculture" and the statute's intent regarding"majority of such products"when referring to products raised on the property being regulated. These issues are discussed in detail below. 3.1.1. Definition of Agriculture20 Faced with whether the Town of Mansfield could lawfully exclude the raising and keeping of pigs within town boundaries,the Appeals Court concluded that the plain and ordinary meaning of the phrase"agriculture" included"piggeries". "When a statute does not define its words we give them.their usual and accepted meanings, as long as those meanings are consistent with the statutory purpose."21 based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 percent of such products for sale, based on either gross annual sales or annual volume,have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 percent of such products for sale,based upon either gross annual sales or annual volume,have been produced in Massachusetts on land other than that on which the facility is located,used for the primary purpose of commercial agriculture, aquaculture, silviculture,horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel." G.L. c.40A s. 3 19 Cumberland Farms of Conn. Inc. v. Zoning Board of Appeals of North Attleborough, 359 Mass. 68, 74-75. See also Prime v. Zoning Board of Appeals of Norwell,42 Mass.App.Ct. 796 (1997), "We reject the abutters' first argument. Their suggestion is that a `retail' operation is inconsistent with the agricultural use of the land and therefore not within s.3". Id. at 800. See also Town of Natick v. Modern Continental Construction, 1998 WL 517698 (1998)where the Superior Court, quoting Cumberland and Prime noted, "The exemption operates even where the agricultural use in question is retail or commercial in nature." Id. at 3. 20 Note that the statute refers to agriculture, aquaculture, silviculture, horticulture, floriculture and viticulture. Only the phrase horticulture is further defined within the statute. "For the purpose of this section,the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished,maintained and managed while on the premises." G.L. c. 40A s. 3. 21 Building Inspector of Mansfield v. Curvin, 22 Mass.App.Ct. 401,402, citing Commonwealth v. Zone Book, Inc. 372 Mass 366, 369 (1977) and others. In an 7 r The importance of the Court's holding in the Mansfield case, coupled with a subsequent Appeals Court decision originating in Tisbury22, is that the Court's definition of the Legislature's intentionally un-defined phrase "agriculture" is very broad.23 This broad interpretation requires that cities and towns seeking to regulate agricultural land uses and activities do so only within the narrow options provided by the statute. interesting concurring opinion however, Justice Cutter noted: "Thus I am less certain than the majority...that...the Legislature had in mind...to include in the term "agriculture"the keeping of swine...It may be that the legislative intention was to confine the regulation of piggeries to the prevention and prohibition of nuisances by local boards of health...rather than by zoning legislation. Mansfield, 22 Mass.App.Ct. at 406. zz Tisbury v. Martha's Vineyard Commission, 27 Mass.App.Ct. 1204(1989). 23 "The agricultural use exemption embodied in s.3 is interpreted broadly in order to promote the economic viability of agricultural enterprises in Massachusetts". Minty v. Arena, 1998 WL 282964, 2 (1998), citing Tisbury v. Martha's Vineyard Commission, 27 Mass.App.Ct. 1204 (1989). See also Town of Sturbridge v. McDowell, 35 Mass.App.Ct. 924 (1993)where the Appeals Court, faced with a challenge to the raising and boarding of dogs, wrote: "We fail to see how the raising and training of dogs for sale is distinguishable from the raising and training of other domestic animals such as ponies or horses which we concluded in Steege amounted to an agricultural pursuit. Consequently, we conclude that the breeding,raising and training of dogs owed by defendant on the land is an agricultural pursuit under G.L. c. 40A s. 3". Id. at 926. Compare the holding in Sturbridge with a 1958 Supreme Judicial Court decision stating that the raising of greyhounds for racing purposes was outside of the statutory protection afforded by s.3. "Pigs are farm animals and raising them could much more reasonably be regarded as farming than the maintenance of dogs intended for use solely for commercial racing connected with a pari-mutuel (sic) system of wagering rather than with any agricultural pursuit." Mioduszewski v. Town of Saugus, 337 Mass. 140, 144(1958) citing several cases from other jurisdictions. See also Modern Continental Construction V. Building Inspector of Natick, 42 Mass.App.Ct. 901 (1997)where the Court upheld the use of land for the slaughtering of livestock as consistent with agricultural activities. "We think it reasonable to regard the slaughter of animals as a normal and customary part of preparing them for market. It then follows from the acceptably broad definitions of the word `agriculture' that a slaughterhouse used for the butchery of animals raised on the premises is primarily agricultural in purpose." Id. at 902. See also Deutschmann v. Board of Appeals of Canton, 325 Mass. 297 (1950), "The fact that the products are not in their natural state does not mean that they cease to be products raised on the farm of their owner, who seeks there to sell them...We do not believe that one who on his premises processes milk and cream from cows on his premises thereby ceases to be a farmer, selling on his farm products they raise". Id. at 301, cited in Minty, 1998 WL 282964,2. See also, Tanner v. Board of Appeals of Boxford, 61 Mass.App.Ct. 647 (2004)where the Appeals Court held that a veterinary hospital was not an agricultural use pursuant to the definition of G.L. c.40A, s.3. 8 These options include local regulations that help clarify, as discussed below,the meaning of the statutory requirement that the land be used primarily for agriculture,that the majority of the agricultural products be produced on the land subject to the zoning regulation and that the parcel being regulated is less than five acres and is not zoned for agricultural use. To obtain protection from the statute,the land in question must: (1)be used primarily for agriculture, (2) a defined percentage of the products sold(if any)must have been produced by the owner or lessee and(3)the parcel of land must either be greater than five acres or zoned for agricultural uses. These three criteria are discussed more fully below. 3.1.2. "Primarily for Agriculture" The statutory protection afforded to agricultural activities under Section 3 is limited in several ways, including the requirement that the land be used for the"primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture". At issue is the limiting phrase, "primary purpose". The"primary purpose" limitation is distinguishable from the "majority of such products" and"five acre requirement" discussed in Sections 3.1.3. and 3.1.4,below. The statute precludes local prohibition of agricultural use where the parcel is greater than five acres or in an area-zoned agriculture if, the primary—principle—use of the land is agricultural. "Section 3 does not include a definition of the word"primary"in the context of the use of land, and thus we give the word its usual and accepted meaning from `other legal contexts and dictionary definitions...Contrast the use of the word `incidental' in the zoning context: "not...the primary use of the property but rather one which is subordinate and minor in significance."24 The above-noted comments provide a recent and consistent example of the Courts' differentiation between"primary" and"accessory" or"incidental"as these phrases relate to agricultural land use. The distinction is important. If the use of the land is primarily for agricultural purposes, and the other relevant criteria are met, local zoning cannot"unreasonably regulate or require a special permit" for its use.2s 24 Town of Eastham v. Clancy, 44 Mass.App.Ct. 901, 902 (1997) citing Building Inspector of Mansfield v. Curvin, 22 Mass.App.Ct. 401, 402 (1986). 25 Note that cities and towns may require a special permit for structures associated with a protected agricultural use(s). Citing Cumberland Farms of Conn., Inc. v. Zoning of Appeals of North Attleborough, 359 Mass. 68 (1971),the Appeals Court held in Prime v. Zoning oard of Appeals of Norwell, 42 Mass.App.Ct. 796 (1997),that a special permit may be required for structures that are associated with agricultural uses,unless the requirement is a"sham". `In other words,the application of the bylaw [may not] nullify a protected use." Id. at 802 citing Trustees of Tufts College v. Medford,415 Mass. 753, 9 I If the use of the land is not primarily for agricultural purposes,the ordinance or bylaw may regulate the use, either through special permit criteria and constraints or outright prohibition. \ A problem arises,however,where a landowner is engaging in a protected activity(e.g. cultivating cranberries) and an accessory activity at the same time(e.g. gravel extraction). At issue is whether the accessory activity,perhaps related to the protected activity, is likewise protected by statute. Resolution of this commonly occurring issue generally turns on the matter of degree. "Uses which are `incidental' to a permissible activity on zoned property are permitted as long as the incidental use does not undercut the plain intent of the zoning bylaw."26 The distinction between"primary" and"incidental"is further amplified—and clarified— by the Court's "50 percent rule"and the statute's"25 percent rule"discussed below. 3.1.3. "Majority of Such Products": The 25 and 50 Percent Rules The agriculture statutory exemption provides protection for two types of agricultural activities. First, as discussed above,protection is given to a broad range of agricultural land uses,regardless of the final destination point of the crops or end product of the activity. The statute protects the activity—the process—of growing crops, raising animals and other agricultural processes. 763 (1993). "Local regulation of a new structure must take into account the factors mentioned in Cumberland(The court stated that the local regulation `must bear a reasonably direct relation to significant considerations of public health...". Id. at 802, citing Cumberland, 359 Mass. at 75. Finally, and as discussed throughout these materials,note the court's admonition regarding the use of special permits for otherwise protected activities. "But the special permit may not be imposed unreasonably and in a manner designed to prohibit the operation of the farm stand, nor may the permit be denied merely because the board would prefer a different use of the locus, or no use." Id. at 802-803. 26'Henry v. Board of Appeals of Dunstable,418 Mass. 841, 844 (1994). "The word incidental in zoning bylaws or ordinances incorporates two concepts: `It means that the use must not be the primary use of the property but rather one which is subordinate and minor in significance...But incidental' when used to define an accessory use,must also incorporate the concept of reasonable relationship with the primary use. It is not enough that the use is subordinate; it must also be attendant or concomitant. To ignore this latter aspect of`incidental'would be to permit any use which is not primary, no matter how unrelated it is to the primary use. Id. at 845. (emphasis added). See also, Striar v. Morse, 2007 WL 2834199 Mass.Land Ct. (2007). "Under the Henry test,the magnitude of the earth removal operations is certainly not minor compared to the Nursery use, and is not directly related to the Nursery use other than, as in Henry, to prepare an otherwise unacceptable site for the agricultural/horticultural use". Id. at 10. 10 r The second type of activity protected by statute, and the more commonly challenged use, is the sale of products claimed to be agricultural and thus exempt from unreasonable regulation and the requirement of obtaining a special permit. The reach of this protection is extremely broad and in many cases, a significant problem for local communities. The reasons are simple. Those activities protected by Section 3 become those land uses a city or town cannot prohibit or be forced to submit to a special permit process. For example, the sale of agricultural products grown on the property via the traditional "farm stand" is clearly protected. At issue though is the sale of diary products not grown or raised on the farm. At what point does the"farm stand"become a "convenience store"typically not allowed in agricultural or residential zoning districts? The answer to this commonly asked question has been phrased by the Courts as the"50 percent rule". "...just because the locus is subject to an agricultural use exemption does not mean every facility or activity on that locus also may benefit from the exemption"27 and by the statute as the "25 percent rule". Prior to the statute's revision effective February 22, 2007,to achieve the protective benefits of Section 3, at least half of the products sold on the locus must be or have been produced by the owner of the land on the land in question.28 In other words, protection was not afforded to a landowner who "imported"more than fifty percent of the products for sale.29 Following the text amendment effective February 22, 2007, the owner or lessee of the land must satisfy one of two sales-ratio tests in order to benefit from Section 3's protection. One test is seasonal: in the season of the sale of the product(s), at least 25%of the sales must be of products of the owner or lessee on the land on which the facility is located. The second test,required if the first test cannot be met,requires that: (a)25%of the annual sales must be of products produced by the owner or lessee on the land on which the facility is located and(b)an additional 50%of the annual sales, exclusive of the 25% 27 Minty v. Arena, 1998 WL 282964,4 (Mass.Super. 1998). 28 In Town of Eastham v. Clancy,the Appeals Court upheld a lower court denial of Section 3 protection to a farm stand used for the sale of produce where only one-third of the landowner's 5.5 acres were used for agricultural production. "While Barnes did testify as to which vegetables and fruits were grown on the premises and which were bought elsewhere to be sold,we agree with the trial judge that he did not sustain his burden of proof that a majority of products for sale were produced by him." Id. at 902. But see Steege v. Board of Appeals of Stow, 26 Mass.App.Ct. 970(1988)where the Court wrote: "the plaintiffs purchase and raising of horses,their stabling,training through the operation of the riding school;and their participation in horse shows are all part of the one whole and constitute agriculture as that phrase is used in c. 40A s.3." Id. at 972. 29 Note the Legislature's response in 1994 to the obvious problem encountered with the raising of trees,plants and other nursery items. "Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished,maintained and managed while on the premises." G.L. c.40A s.3. 11 included in(a), above,must have been produced within Massachusetts,by the owner, lessee or any party. other art . These sales-ratios are best defined as the"50 percent and 25 percent rules" and are summarized in the following tables,prepared by Attorney Robert Ritchie, General Counsel for the Massachusetts Department of Agricultural Resources and used with permission and gratitude, herein. Test 1 - Seasonal Production "seasonally, at least 25 per cent of such products for sale,based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or. . . " Owner Lessee Other Producer MA land—facility location Y Y n/a Other MA land Y Y N Out of state land Y Y N Or Test 2 -Annual Production Test 2, Part A ". . . annually, at least 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located production. . . . " Owner Lessee Other Producer MA land—facility location Y Y n/a Other MA land Y Y N Out of state land Y Y N and Test 2, Part B " . . . annually, at least an additional 50 per cent of such products have been produced in Massachusetts on land, other than that on which the facility is located, used for the primary purpose of commercial agriculture,whether by the owner or lessee of the land on which the facility is located or by another," Owner Lessee Other Producer MA land—facility location Y Y n/a Other MA land Y Y Y Out of state land N N N 3.1.4. Parcels Less than Five Acres 12 "The obvious purpose of the Act...is to promote agricultural use within all zoning districts in a municipality. Such use may not be prohibited or unduly restricted even in an area not specifically zoned for the purpose as long as the parcel being used is one of more than five acres."30 (emphasis added). Stated simply, a property owner with greater than five acres of land who uses her property for agricultural purposes, in keeping with the discussion above,benefits from the protections of the statute regardless of the land's zoning designation.31 3.2 Exemptions for Religious Uses and Educational Uses It is important to note at the outset that Massachusetts's courts have consistently granted great deference to interpretations of the Legislature's exemption from local zoning for religious and educational uses. "...we do not believe it irrational for the Legislature to determine that educational and religious institutions,because of their unique locational requirements and because of their importance to society generally, may be exempted from the application of zoning laws...We deem it significant that courts of other jurisdictions have reached the same conclusion even in the absence of a statutory basis therefor."32 The statutory basis found within Section 3 and reprinted below33 is referred to as the Dover Amendment". The Dover Amendment was adopted in 1950 in response to the Town of Dover's regulation of educational land uses;regulations that were ruled invalid "Building Inspector of Mansfield v. Curvin, 22 Mass.App.Ct. 401,402-403 (1986). 31 Although beyond the scope of these materials, the reader should be aware that local governments have means, other than zoning, to regulate against the sometimes-negative —� impacts associated with agricultural land uses. These techniques include health regulations under G.L. c.111 s. 31 and others. But note, as discussed in the introduction, local governments are pre-empted from certain activities, including those involving certain regulation of pesticides, fertilizers and herbicides. Advice from counsel should be -7> btained prior to developing regulations in these areas. See for example, Town of Wendell v. Attorney General, 394 Mass. 518 (1985). 32 Sisters of the Holy Cross of Massachusetts v. Town of Brookline, 347 Mass. 486,496, (1964),referencing case decisions from New York, Texas, Ohio and Missouri. In addition to the broad interpretation in favor of religious freedoms granted by the Massachusetts Courts, in 2000, Congress adopted the Religious Land Use and Institutionalized Persons Act(42 U.S.C.A. §§ 2000cc(a)(1), (b), 2000cc-5(7)), which Preempts local government interference with religious practices, in general. 3 G.L. c. 40A Section 3 reads, in part: "No zoning ordinance or bylaw shall regulate or restrict...the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation; provided however,that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space,parking and building coverage requirements." 13 by the Supreme Judicial Court in 1951.34 Although revised several times,the intent of the Dover Amendment remains unchanged: local zoning is limited in its ability to control or otherwise regulate the use of land for religious and/or educational purposes. "Section 3 codifies the case law interpreting its statutory predecessor,the so-called Dover amendment...The amendment insures that a municipality will not express `preferences as to what kind of...religious denominations it will welcome."35 Relative to other sections of the Zoning Act,the exemption provisions for religious and educational uses are straightforward. Case law reflects two general concerns regarding religious and educational use exemptions. First,what defines a"religious or educational purpose"? Second,how far can local zoning controls go in their"reasonable regulations" before these regulations are tantamount to an outright, and unlawful,use prohibition? 3.2.1 Definition of Religious and Educational Use The protections afforded religious and educational uses derive from the Court's broad definition of what constitutes these activities.36 Perhaps no case more clearly establishes the Supreme Judicial Court's expansive interpretation of religious activities—and the Court's conclusion that Section 3 precludes a great degree of local regulation—as Martin v. Corporation of Presiding Bishop of Church of Jesus Christ of Latter Day Saints.37 34 Attorney General v. Dover, 327 Mass. 601 (1951). 35 Southern New England Conference Association of Seventh Day Adventists v. Town of Burlington, 21 Mass.App.Ct. 701, 705-706(1986). 36 See for example, Mount Hermon Boys' School v. Gill, 145 Mass. 139 (1887). "...the process of developing and training the powers and capabilities of human beings...Education may be particularly directed to either the mental,moral or physical powers and faculties,but in its broadest and best sense it relates to them all." Id. at 146. See also FitchburgHousing Authority v. Board of Appeals of Fitchburg, 380 Mass. 869 (1980), "This court has long recognized `education' as `a broad and comprehensive term.' Id. at 875 citing Mount Hermon, above. See also, Linkage Corp. v. Trustees of Boston University,425 Mass. 1, 26 (1997). "The judge's conclusion that Boston University was involved in trade or commerce was based in part on his impression that the programs and offerings taught at BUCEC were "non-educational" because they were vocational in nature and taught to nontraditional students. This impression is incorrect. We have given broad meaning to the term "education" in order to implement legislative goals and to allow education reasonable freedom to develop, and we have held that vocational and technical teaching and courses constitute education." Not surprisingly,the Courts have had a more difficult time defining"religious"activities. "It is all very heady business and defies precision, but we emerge with the understanding that what is religious requires a system of belief, concerning more than the earthly and temporal,to which the adherent is faithful. Fortunately, the subject at hand is land use, not philosophy,and, in the more prosaic context of the former,the puzzle begins to unravel." Needham Pastoral Counseling Center, Inc. v. Board of Appeals of Needham, 29 Mass. App.Ct. 31, 34 (1990). 37 434 Mass. 141 (2001). 14 "It is not for judges to determine whether the inclusion of a particular architectural feature is "necessary" for a particular religion. A rose window at Notre Dame Cathedral, a balcony at St. Peters Basilica--are judges to decide whether these architectural elements are"necessary"to the faith served by those buildings? The judge found, as she was compelled to do in the face of overwhelming and uncontradicted testimony,that temples"are the places where Mormons conduct their sacred ceremonies."No further inquiry as to the applicability of the Dover Amendment was warranted".38 Exemptions from local zoning have been applied to religious and educational programs where the students were adults39,where the institution furnished residential housing40and where the students were considered"emotionally disturbed"41 It is important to note that not all claims of religious or.educational use obtain the statutory or judicial protection. In Needham Pastoral Counseling Center, Inc. v. Board of Appeals of Needham42,the Appeals Court denied zoning protection where a nonprofit counseling agency sought to offer counseling services within a church. "The activity concerned is not an enterprise of the landlord church and is not designed primarily for the parishioners of that church. Specific religious doctrine is subordinated... ,.43 In Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer,the Appeals Court withheld a decision on whether the use of a radio station ostensibly for religious broadcasting was entitled to Section 3 protection. Relying on an earlier decision 38 Id. at 151. 39See, Fitchburg Housing Authority v. Board of Zoning Appeals of Fitchburg, 380 Mass. 869 (1980). "The proposed facility would fulfill a significant educational goal in preparing its residents to live by themselves...Inculcating a basic understanding of how to cope with everyday problems and to maintain oneself in society is incontestably an educational purpose. Id. at 875. 40 See, President and Fellows of Harvard College v. Assessors of Cambridge, 175 Mass. 145 (1900)and The Bible Speaks v. Board of Appeals of Lenox, 8 Mass.App.Ct. 19, 31 (1979), citing Radcliffe College v. Cambridge, 350 Mass. 613, 618 (1966). "...holding that parking and the feeding and housing of college personnel is `within the broad scope of the educational powers...". 41 See, Harbor Schools, Inc. v. Board of Appeals of Haverhill, 5 Mass.App.Ct. 600 (1977). At issue in Harbor Schools was whether a dwelling used for the treatment and care of emotionally disturbed children qualified for protections from local zoning under the predecessor to Section 3. "But `education' and `rehabilitation' do not denote functions so distinct that the master could be required to quantify them relative to each other. They are not mutually exclusive." Id. at 604. 42 29 Mass.App.Ct. 31 (1990). 43 Needham Pastoral Counseling Center. Inc. v. Board of Appeals of Needham, 29 Mass. App.Ct. 31, 37 (1990). 15 regarding a purported educational exemption44,the Court concluded that the claimant for the exemption must demonstrate that religious or educational content will be conveyed. "For all that appears in the record...the plaintiff's intended use of the radio station is to provide a listening audience with programs which the plaintiff perceives to be of greater intellectual and inspirational value than those currently available. Although that purpose is laudable, it is neither religious nor educational..."4 As the discussion above points out,the definition of religious and educational activities entitled to statutory protection are broad,but not complete. The next logical question, assuming that the activity is entitled to protection, is the extent to which local zoning can alter or otherwise regulate the eventual development footprint of the protected activity. 3.2.2 To What Extent Can the Protected Activity Be Regulated? Simply put, local zoning can regulate and restrict religious and educational uses provided that these regulations do not result in the de facto prohibition of the use. For example, a zoning ordinance that restricts churches, synagogues or schools to impervious lot coverage of 5%would likely be invalidated. Similarly, a zoning bylaw that limited the maximum building height of churches, synagogues or schools to thirty feet would be ruled in conflict with the spirit and intent of Section 3 46. The problem in both scenarios is the result: neither a religious or educational institution can be reasonably constructed with A lot coverage of only 5% or a building height of thirty feet. "But the town may not, though the guise of regulating bulk and dimensional requirements under the enabling statute,proceed to `nullify' the use exemption permitted to an educational institution. ,47 44"Merely an `element of education',however,provided not by a formal program or trained professionals, but only informally gleaned from the interplay among residents of the nursing home community, is not within the meaning of`educational purpose' pursuant to G.L. c. 40A s.3." Whitinsville Retirement Society, Inc. v. Town of Northbridge, 394 Mass. 757, 761 (1985). 45 Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer, 22 Mass. App.Ct. 83, 89 (1986). 46 See Martin,434 Mass. 141, 153 (2001), "The Mormon religion is hardly unique in this regard: churches have long built steeples to"express elevation toward the infinite, [their] spires soaring into the heavens." J. Sallis, Stone 63 (Ind. Univ. Press 1994), and a steeple is the precise architectural feature that most often makes the public identify the building as a religious structure. The judge found that, "[w]hile a spire may have inspirational value and may embody the Mormon value of ascendancy towards heaven,that is not a matter of religious doctrine...." It is not permissible for a judge to determine what is or is not a matter of religious doctrine." 47 See, The Bible Speaks v. Board of Appeals of Lenox, 8 Mass.App.Ct. 19, 31 (1979). See also Sisters of the Holy Cross of Massachusetts v. Town of Brookline, 347 Mass. 486 (1964), "We think it unlikely that the Legislature would exempt religious and educational institutions from local regulations of use and at the same time permit this exemption to be virtually nullified by a requirement that such institutions construct their buildings on dimensions applicable to single family houses...We think that this bylaw as applied to Holy Cross, `limits the use' of the land and therefore we think such application 16 f Finally,the Appeals Court settled in 1979 the fact that a special permit cannot be required for religious or educational uses or development related activities48. While bulk, dimensional and parking regulations may be regulated; they may not be made subject to a special permit. This point is important for those cities and towns that have established site plan review procedures that require a special permit under certain circumstances.49 Application of these requirements to educational and religious uses violates Section 3. 4.0 Exemptions for Governmental Uses A detailed review of governmental immunity from zoning regulations is beyond the scope of these materials. However a quick summary should prove helpful. First, absent a waiver of immunity,the federal government is immune from municipal zoning regulations (as well as many analogous state regulations). "The Supremacy Clause establishes federal law as the supreme law of the land...'A corollary to this principle is that the activities of the Federal Government are free from regulation by any state."so Second, absent a waiver of immunity,the state government is immune from local zoning ordinances or bylaws. "As a general proposition, the State and State instrumentalities are invalid..." Id. at 494. But compare the holdings above with the Supreme Judicial Court's holding in Radcliffe College v. City of Cambridge, 350 Mass. 613 (1966)where the Court upheld"reasonable"off-street parking requirements for a protected educational activity. "Hence, a regulation that requires that some of the college land be used for parking does not lessen the availability of all or any of the institution's land for some appropriate educational purpose. We think the statute does not bar such regulation. Plainly the statute does not do so in express terms. At most,the Cambridge ordinance requires choices among proper educational purposes of the institution." Id at 618. 48 "Any such restrictions imposed under the authority of the bylaw may well have the effect of nullifying, or seriously diminishing the educational institutions entitlement to reasonable growth. It also, as a practical matter, enables the town to exercise its preferences as to what kind of educational or religious denominations it will welcome...In our opinion, the provisions of the bylaw taken together invest the board with a considerable measure of discretionary authority over an educational institution's use of it facilities and create a scheme of land use regulation for such institutions which is antithetical to the limitations on municipal zoning power in this area prescribed by G.L. c.40A s. 3...The Legislature did not intend to impose special permit requirements, designed under c. 40A, s9 to accommodate uses not permitted as of right in a particular zoning district, on legitimate educational uses which have been expressly authorized to exists as of right in any zone. The Bible Speaks v. Board of Appeals of Lenox, 8 Mass.App.Ct. 19, 33 (1979). 49 For example, some municipalities require a site plan review special permit for uses that require more than a specified number of parking spaces (e.g. greater than 10). 50 United States of America v. Alaska Public Utilities Commission, 23 F.3d 2575 260-261 (1994)citing Mayo v. United States, 319 U.S. 441,445 (1943). 17 immune from municipal zoning regulations,unless a statute expressly provides the contrary."51 For example, in Freetown v. Zoning Board of Appeals of Dartmouth,the Appeals Court was faced with a challenge to a regional landfill, authorized by statute to provide landfill services to several communities in southeastern Massachusetts52 At issue was whether the Town could deny approval of the landfill, claiming that provisions of the Zoning Act authorize review and imposition of conditions on solid waste facility construction at the local leve153. Despite the clear language in the Zoning Act authorizing such review,the Court wrote: "Case law extending from Teasdale v. Newell & Snowling Construction Co. 192 Mass. 440 (1906)to Inspector of Buildings of Salem v. Salem State College, 28 Mass. App.Ct. 92 (1989) `assert the supremacy of the 51 Inspector of Buildings of Salem v. Salem State College, 28 Mass. App.Ct. 92, 95 (1989). Note that this immunity includes the state, its instrumentality's and its agencies. For example, in an action against the Bristol County Commissioners regarding the construction of a new jail in Dartmouth,the Supreme Judicial Court held that county governments are immune from local zoning. "...an entity or agency created by the Massachusetts Legislature is immune from municipal zoning regulations (absent statutory provisions to the contrary) at least insofar as that entity or agency is performing an essential government function. Like the Massachusetts Turnpike Authority...counties also are"organized by the General Court for the convenient administration of some parts of government. They are bodies politic and corporate. They exist solely for the public welfare." County Commissioners of Bristol v. Conservation Commission of Dartmouth, 380 Mass. 706, 710-711 (1980). Finally, in a decision consistent with the discussion above, the Supreme Judicial Court held that the Martha's Vineyard and Nantucket Steamship Authority was exempt from the Bourne zoning bylaw insofar as the bylaw would preclude the use of real property for commuter(e.g. ferry)parking. "There is no question that the Legislature has entrusted exclusive management of the boat line to the Authority.-..As a consequence, the Authority can lawfully execute the lease in issue without complying with requirements of the Bourne zoning bylaw." Town of Bourne v. Plante,429 Mass. 329, 334 (1999). The Court went to great lengths explaining the Authority's need for the"off-site"parking, including the well-publicized fact that during the July 4th weekend in 1995, traffic in Woods Hole, and Falmouth in general, created extremely dangerous vehicular and pedestrian conditions. The Court's analysis implies that the Authority's need for the extra parking was an emergency situation (although it is not clear whether their holding would differ if exigent circumstances did not exist). Absent from the Court's analysis, unfortunately, was the fact that the Authority exacerbated a decades old traffic problem in the summer by allowing ferry passengers to travel standby, and thus encouraged travelers to queue along Falmouth's roadways,on the July 4th weekend. Note again, all state agencies and state instrumentalities are exempt from local zoning requirements and ` ?rohibitions. 2 New Bedford, Acushnet, Dartmouth and Fairhaven. 53 See G.L. c.40A s. 9. 18 Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 r Landscape r Landscape Design Our design center offers a unique and comprehensive Design Process Landsc` el guiding our customer from concepts construction and ideas to full scale drawings. This Property Maintenance process is all about your needs and desires. You are very much a part of Flower Installation & Management the entire process. Our design process will ensure that your Lighting, landscape dreams become realities. Testimonials Employment • P.O. Box 328, Centerville, MA 02632 Ph; 508.420.6000 • Fax: 508.775.8892 Email:info@mpnic.com Copyright©2004-2007 Michael P. Neatl Landscape construction:All http://www.mpnlc.com/design.html 3/26/2013 Cape Cod Landscaping & Construction - Michael P. Neath Landscape Construction Page 1 of 1 Michael P. Neath Landscape `''1' � • Construction is a full service Landscape landscape company serving Cape Cod and the Islands. Our services include • Landscape Design, LandscapeConstructi i Construction, Property Maintenance, Property Maintenance Flower Installation & Care, and Snow Flower Installation & Removal. Landscape- Lighting Our purpose is to design, install, and maintain quality landscape `• • • projects and offer excellent customer service. Employment Contact Us P.O. Box 328, Centerville, MA 02632 Ph: 508.420.6000 • Fax: 508.775.8892 Email: info@mpnlc.com Copyright©2004-2007 Michael P. Neath Landscape Construction.All Site design: Pegasus Wet)Designs http://www.mpnlc.com/index.php 3/26/2013 Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 About Us DesignLandscape Our Mission in business is to offer our customers the highest quality products and services with Landscape unsurpassed customer service. Our team is dedicated Construction to recruiting the finest people and committed to. Propertyperpetuate an atmosphere of continual improvement through teamwork, education and training. � Flower Installation &' Managernent Michael P. Neath Landscape Construction was Landscape Lighting, founded in June of 1984. Michael Neath is a graduate { of the University of Connecticut majoring in Horticulture. Michael started the company by offering « Landscape Design/Build services to the Cape Cod area. As time went on, the company added a ' Landscape Management Division. In 1995 the company added ii Employrnent In the past 29 years MPNLC has designed and installed extraordinary projects on the Cape as well as in the Boston area. Upon completion of these projects, we care and maintain them to ensure , that the integrity and quality is r preserved. When maintained properly they become more beautiful as they age. P.O. Box 328, Centerville, MA 02632 Ph: 508.420.6000 • Fax: 508.775.8892 Email: info@mpnlc.com Copyright©2004-2007.Michael P. Neath Landscape Construction.All http://www.mpnlc.com/aboutus.html 3/26/2013 Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 roperty Maintenance Landscapei • Landscape Our Property Maintenance Construction division provides complete, Property Maintenance customized landscape maintenance programs for select residential and InstallationFlower commercial properties. Our goal is to Managernentl provide premium service on an !i .scape annual basis. Our Staff is trained in Lan Lighting all aspects of Landscape �• • • Management. We use top of the line ti tools and equipment. Each property i Testimonials is.assigned a foreperson who is only a ' phone call away from the customer. Employrnent i P.O. Box 328, Centerville, MA 02632 Ph: 508,420.6000 • Fax: 508.775.8892 Email: info@mpnlc.com Copyright©2004-2007 Michael P. Neath Landscape Construction.All http://www.mpnlc.com/propertymgt.html 3/26/2013 Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 Rower Installation Manage Our Flower Installation & Management division Landscape Design provides complete flower program services Landscapel including design, installation and maintenance for Construction! commercial and select residential properties. Property Maintenance Our trained staff will tend to your annual and perennial gardens weekly, bi-weekly or as needed Flower Installation & through the season. From early spring to late fall Management this crew will prepare your beds for planting, Landscape Lighting design and install your favorite annuals and perennials. Then return to dead-head, weed, water and fertilize as necessary. In addition to adding color and beauty to your property, our crew offers container planting utilizing interesting • color combinations and spectacular specimen Employment topiaries. P.O. Box 328, Centerville, MA 02632 Ph: 508.420.6000 • Fax: 508.775..8892 Email: info@:mpnlc.com Copyright©2004r20i)7 Michael P. Neath Landscape Construction.All http://www.mpnlc.com/flowermgt.html 3/26/2013 Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 f Landscape Lighting Landscape Design Landscape Lighting can have a dramatic effect Landscape on your landscape. In addition to providing safety Construction and security benefits, a good lighting design and Property Maintenance! installation can create moods that are soft and + subtle, dramatic and dynamic. Lighting can Flower Installation & highlight features of structures, plants and the Management property. It can make outdoor spaces usable at Landscape Lighting night while adding a magical view when viewed from inside your home. Our low-voltage systems not only save on your energy bill, but the quality of light surpasses that of an ordinary 110 voltage system. Employment P.O. Box 328, Centerville, MA 02632 Ph: 508.420.6000 0 Fax: 508.775.8892 Email: info@mpnlc.com Copyright©2004-2067 Michael P. Neath Landscape Construction.All http://www.mpnlc.com/landscapelighting.html 3/26/2013 Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 Contact s For—more-informationsabout-our products-ands Landscape Design! services. Landscapei Michael P. Neath Landscape Construction Construction P.O. Box 328 t Property Maintenance Centerville, MA 02632 µ Flower Installation & (508) 420-6000 Answering Machine Management (508) 775-8892 Fax Number Landscape Lighting info@mpnlc,.com ,. '• • • All requests regarding design services email us at design.mpnlc@comcast.net - Please indicate the division that interests you so that we may respond to your requests Employment efficiently and promptly. Contact Us� P.O. Box 328, Centerville, MA 02632 Ph: 508.420.6000 • Fax: 508.115.8892 Email: info@mpnlc.com Copyright©2004-2007 Michael P. Neath Landscape Construction.All http://www.mpnlc.com/contact.html 3/26/2013 w�+ 7 �U ��c� Golan Z (� ,�_ is wt- cam" Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 Employment Miichael P. Neath Landscape Construction is an Equal Opportunit Landscape ConstructionLandscape Current Opportunities Include: Property Mainteriancel Flower Installation & Maintenance Foreman Management Construction Leader/Supervisor Landscape r • Flower Crew Leader Testimonials 1 If you are interested in available employment opportunities, Contact Us letter of intent to info@mpnlc.com or fax (508) 775-8892. Ple (s) you are interested in. P.O. Box 328, Centerville, MA 02632 Ph: 508.420.6000 • Fax: 508.175.8892 Email: info@mpnlc.com Copyright©2004-2001 Michael P. Neath Landscape Construction.All http://www.mpnlc.conVemployment.html 3/26/2013 Michael P. Neath - Cape Cod Landscaping and Construction Page 1 of 1 Cf Employment Landscape Design� Michael P. Neath Landscape Construction is an Equal Opportunity Employer. ConstructionLandscape Current Opportunities.Include: Property Maintenance Foreman Flower Installation & t, Construction Leader/Supervisor Landscape Lighting'i Flower Crew Leader i1 Testimonials Employment If you are interested in available employment opportunities, forward your resume or letter of intent to infoPmpnlc.com or fax (508) 775-8892. Please indicate the position (s) you are interested in. P.O. Box.3.28, Centerville, MA 02632 Ph: 508.420.6000 Fax: 508775.8892 Email: .info@mpnlc.com Copyright.©2004-2007 Michael P. Neath Landscape Construction.All.rights reserved. http://www.mpnlc.com/employment.html 3/26/2013 Michael P Neath Landscape, Centerville MA, (508) 790-0637 - Powered by GoPickle Page 1 of 1 &' Michael Barnstable ARFFISRF Wdscal 11 foli ricipalAirport Eli i'di�7 } pe, a �acentervi�ler A ((508 79 -06 Barnstable Town > Ho > Ube and Gard e[��arvlc,.6 > LandscapfYtg Contractors > Michael P Neath Landsca ova a ; ez a c- ro U Ci.Y wa1)Uf St y Ads bV GQQAle t ► & sca ingN kilch ► _dsca ng Ideas T ► La—hdscaping Stone ► Stone Lan..Acape Mwt-rry Sr a `� Mo <tack to Link: lhttp://barnstabLe-f(5ahWpickle.com/listings/1 1549349-Michael-P-Neathi-Landsc � 4mae.r sr o ? , sults za L7 Q J r E!m St J m m La T t�t "chael . Neagh (4 z <rt Cherry St find c e ,v Angie's Li9ttoccil Ratinq a mw �°us St sr ��'� `• c+ o� o;a Rd %ww.AngiesList.Wr#/LDnd�cape&s 1000 W MAIn Stl,' ry , v K a cres<u,<tR�ad Local Rain s Centervillf,pMA 02632 b g i Revi*,ws. Find T x e hTop Landsc ers in Your Area (508) 7P,�`0637 a M U m Hyannis p o w gacrth St Cape Cori Hosp:!ai r MichcVl P Neath Landscape is classified P in Cerr rville Landar,Uing Contractors. ` ,rC, am 4P K Aselton AdChoices &vn a businots? a �1stRd F Q5� pc a 1 'S wa oconvert rq�evant �,NrXg4ay. Put your f 1 Kenn esset Sr C; Jjsting in rQpt of 15,555 daily seorch-es in ga rnstable 3omr., l�rn:+rnr;l j r Ln Act ° 6'Remove 4a-ds and addao "own N t a�a� y � ?, Hyannisarkr�. coupons ; iictures, andl�ide j:ull °��.r Park, d�44ke 21. advertiser packages availad,,e.a, y �S! U p Larrtemin I� us at !' Oak flecF; 4d Oak Grove Cemetery ry �? a ,y Oak Neck P p N Veterans K +. Mamn 1 Pat4 m Powered by GoPickle.com©2013 Get Search Widgets About Us Ct tt%21PM M�- http://barnstable-town.gopickle.com/listings/11549349-Michael-P-Neath-Landscape 3/26/2013 AMENDMENT OF COUNCILOR MATT OWALLEY TO DOCKET#1588 CBC 9-1.3 Section M M. In an effort to evaluate the effectiveness of the inspection programs delineated herein,the Commissioner shall annually prepare a report detailing the actviities of the program no later than July 313t of each calendar year,beginning June 3e,2014.The annual written report shall include the following items: a) the number of registration statements received by the Commissioner during the prior twelve(12)month period b) the number of Owners issued fines or citations by ISD for(i)failing to initially file a registration statement and(ii)for failing to file a registration statement within thirty(30)days of written notice from ISD. c) the total number of inspections performed by ISD inspectors during ' the prior twelve(12)months,along with a district categorized list of the number of inspections performed in such district during such period d) the total number of inspections performed on Problem Properties,as defined in Ordinance 16-55.2,along with a break down by district of the number of Problem Properties inspected in such district. e) Such other information as may be requested by the City Council CBC 9-1.3 Section R R. The provisions of CBC 9-1.3 shall be effective 120 days after its date of passage. 9-1.3 Inspection and Re-Inspection of Rental Units The purpose of this Ordinance is to implement a proactive rental inspection program that maximizes the effectiveness of City resources in rental property code enforcement. It identifies all rental units in the City and their owners on a continuous and recurring basis in order to accommodate the transient nature of the rental market,and prioritizes notorious problem properties in order to economically target City resources toward chronic and priority offenders. It also provides an alternative compliance plan process available to responsible owners who consistently comply with City and State code in order to expedite them through an inspection process aimed at maintaining a uniform minimum standard for conditions exhibited by rental properties in Boston in the interests of public health and safety. A. Definitions: 1. Owner. An Owner shall be defined as a for profit or not for profit individual or corporation, an agent of a for profit or not for profit individual or corporation, or any person having legal charge of or authority over a private dwelling, tenement, lodging house, or other residential rental property dedicated to residential use. 2. Authorized Inspector. An Authorized Inspector shall be defined as any ISD inspector or any other person who (i) is a Commonwealth of Massachusetts Registered Sanitarian or a Commonwealth of Massachusetts Certified Health Officer or a Commonwealth of Massachusetts Certified Home Inspector, or has proof of training acceptable to ISD, and (ii) has demonstrated a proficiency in the application of the State Sanitary Code by satisfactorily completing the ISD certificate program for qualifying authorized professionals to perform inspections under CBC 9-1.3, and has been issued a certificate of completion. 3. Rental Unit..A non-owner occupied room or group of related rooms within a dwelling used or intended for use by one family or household for living, sleeping, cooking and eating. A rental unit shall also mean a non-owner I a occupied condominium unit. Dwelling units that have current Lodging House Licenses issued by the Licensing Board for the city of Boston shall not be considered as Rental Units for the purposes of this section, and will continue to be annually licensed and inspected pursuant to M.G.L 140 sections 22 and 25. 4. Problem Property. As defined by Ordinance 16-55.2,as it may be adopted and amended from time to time, a Problem Property is a property that meets the following criteria and is designated as such following recommendation by the Problem Properties Task Force: 1, The Police no w than four times Department has been called to the roe t fewer p property rtY within the preceding 12 month period for any incident involving any arrestable offense including but not limited to disturbing the peace, trespassing, underage drinking or assault; or 2, the Air Pollution Control Commission has received not fewer than four sustained complaints for noise within the preceding 12 month period; or 3, the Inspectional Services Department or the Public Health Commission have received not fewer than four sustained complaints within the preceding 12 month period for noxious,noisome or unsanitary conditions. 5. Commissioner means Commissioner of the Inspectional Services Department or a designee. 6. Days means consecutive calendar days B. All owners of private residential rental housing units ("Owners"), including condominium units, in the City of Boston shall register no later than July I"of each year with the Inspectional Services Department ("ISD') identifying the property by street address and the number of units that they own at each address. An owner of a rental unit, who does not reside within the subject dwelling, shall post and maintain or cause to be posted and maintained on such dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location.visible to the residents a notice constructed of durable material, not less than 20 square inches in size, bearing her/his name, address and telephone number. If the owner is a realty trust or partnership, the 2 name, address and telephone number of the managing trustee or partner shall be posted. If the owner is a corporation,the name, address and telephone number of the president of the corporation shall be posted. Where the owner employs a manager or agent who does not reside in such dwelling, such manager or agent's name, address and telephone number shall also be included in the notice. P.O. Boxes do not satisfy the address requirement of this section. All owners must register each rental unit annually with ISD, and must attest to and affirm that they are familiar with their obligations to comply with this section, the State Sanitary Code (105 CUR 410), the State Building Code (780 CMR), the city of Boston Zoning Code, Federal, State and Local fair housing regulations, and all other regulations applicable to residential dwellings, and that they intend to comply with said regulations, by signing a form provided by and approved by the Commissioner of ISD. An owner owning multiple units in the same building may submit one form representing all said units. Any owner residing outside of the Commonwealth of Massachusetts must designate a Boston based resident agent authorized to accept service on the owner's behalf. All rental unit registrations shall be recorded in an electronic database of all owners for an initial fee of$25, and annual renewal fees of$15 for each rental unit. The Commissioner shall work to employ technology to the extent possible in order to optimize the fairness and effectiveness of the registration process in accordance with Section P. C. The following rental units shall be exempt from the inspection requirements of this ordinance: (i)Rental units owned or operated by Federal, State,or City.Government. (ii)rental units located in dwellings containing six(6)or fewer rental units,one of which is occupied by the owner. ISD will provide exempt unit owners with education materials on all code requirements relative to their units on a regular basis. All non-exempt rental units must be inspected at least once every five(5)years. In order to develop the inspection plan for the first year,and subsequent years of the five(5)year inspections cycle,ISD shall utilize data that may include,but shall not be limited to,inspection records,court records,documented constituent complaints,and any information related to the status of the property with the Problem Property Task Force or information compiled by said Task Force to prioritize a list of properties for inspection in each neighborhood. 3 o Owners may request that ISD conduct the inspection or said owner may engage an "authorized"non-ISD inspector meeting the qualifications enumerated in paragraph"A" of this section. The procedures and fees for such inspections are set forth in paragraphs 697),"If%"I",and'J"of this section. Annual comprehensive apartment inspections conducted by the Boston Housing Authority leased housing program or the Metropolitan Boston Housing Partnership leased housing program,or by other Federal, State, or City inspection programs that are accepted by ISD as being substantially equivalent,may be used to satisfy the 5-year inspection requirement. ISD shall perform periodic and random audit inspections of no less than 5%of the"Authorized"inspections that are filed with ISD. D. Residential rental unit owners may fulfill the requirements of CBC 9-1.3 by requesting an inspection from ISD,within 30 calendar days from issuance of an inspection notice,or notifying ISD within 30 calendar days that the inspection will be completed utilizing one of the alternate methods outlined in paragraph"C". Non-ISD inspection reports must be submitted subject to the regulations promulgated by the Commissioner according to Section P. Failed Non-ISD inspections must be accompanied by a compliance plan acceptable to ISD that will bring the subject rental unit into compliance with the minimum standards for human habitation for a residential dwelling as set forth in the Massachusetts State Sanitary Code(105 CMR 410),as it may be adopted and amended from time to time. All inspections shall include a sworn statement and shall be signed by an ISD Housing Inspector,Boston Housing Authority Housing Inspector,a Metropolitan Boston Housing Partnership Housing Inspector, or an "Authorized Inspector".An Authorized Inspector shall be prohibited from charging more than one hundred thirty-three percent(133%)of the fee charged by the City of Boston for an inspection performed under these sections. E. An Owner of a Unit or Units may apply to the Commissioner for a"5-Year" alternative compliance plan under this ordinance to inspect a rental Unit once every five (5)years for the compliance with the provisions of the State Sanitary Code. An Owner seeking such an alternative plan shall file an application in a format approved by the 4 Commissioner. The Commissioner shall issue written findings regarding the approval or denial of an alternative plan within thirty(30)business days of such application,and shall base the written findings on factors including,but not limited to,the following: (i)a review of the Owner's history of property management on file with the City of Boston and a management plan submitted for the property,(ii)a review of the Unit's history of compliance with the Massachusetts State Sanitary Code,(iii) a site visit of the property for which the exemption is sought, and(iv)if relevant,a history of compliance with CBC 9-1.3. An alternative plan approved by the Commissioner shall be subject to revocation following a hearing held by ISD if the Unit subject to the alternative plan has one(1)or more violations of the Massachusetts State Sanitary Code and if,upon proper notice of those violations to the Owner,the violations have not been corrected in the time provided in such notice. An Owner approved for an alternative plan shall be required to maintain maintenance records for any and all alternative plan Units for the duration of the effectiveness of the alternative plan,and such records shall be available for review by ISD during regular business hours or upon reasonable notice to the Owner.An Owner approved for an alternative plan shall be required to maintain compliance with all of the requirements of CBC 9-1.3. The Commissioner shall charge a fee of (i)fifty dollars($50.00) for the first unit for a five (5)year alternative compliance plan from CBC 9-1.3 and(ii)an additional ten dollars($10.00)for each additional unit in the same building up to a maximum of three thousand dollars($3000.00)per building and if two (2)or more buildings comprise a complex owned by the same Owner then the fee shall not exceed six thousand dollars ($6,000.00). An Owner may apply for an extension of an alternative compliance plan upon expiration,provided that the Owner shall complete the entire alternative compliance plan application process and ISD may cause ten to twenty percent(10%to 201/o)of the Units to be inspected pursuant to CBC 9-1.3. The Commissioner shall follow the same process and procedure as for an original alternative compliance plan application. Alternative compliance plan extensions shall be granted contingently upon a site visit, if ISD determines it is needed, and a favorable review of the unit history dating back to its last inspection. Consistent records of ownership and compliance shall be weighed 5 heavily in the granting of alternative compliance plan extensions and may render such an extension a formality at the discretion of ISD barring any documented circumstances examined on a case by case basis. F. Any rental unit determined to be a Problem Properly as defined by Ordinance 16- 55.2,as it may be adopted and amended from time to time,must annually request an inspection from ISD. Each owner of a Problem Property shall also file with ISD an annual management plan,within 30 days of its classification as a Problem Property, outlining the remediation of any outstanding code violations or other persistent conditions requiring the landlord's affirmative response as identified by the Task Force. Said management Plan shall identify the deficiencies in the property,identify consultants and contractors engaged to proceed with any remediation work,detail any proposal made by the contractors or consultants,and set out a timeline over which the work will be completed. G. Chronic Offender Point System: Residential rental property owners who fail to register or who repeatedly fail to comply with notices of violations,or warnings of non- compliance,or municipal fines, shall be assessed points based on the following schedule at the time of registration or at the time the violation is found(property owners cannot be assessed points under more than one of the following sections for the same violation): 1) Inclusion on the Problem Property list, (2 points) 2) Failure to comply with an ISD notice of violation under the state sanitary code(105 CMR 400&410)the state building code(780 CMR),or Boston zoning code,within the time frame provided, (1 point) 3) Failure to make a good faith effort to correct emergency violations after 2 inspections(2 points). 4) Failure to register and/or complete the inspection requirements of CBC 9- 1.3,(1 point). Upon being assessed with points in excess of the amount allowed,as described in table #1 below, ISD shall notify owners of their classification as a"chronic offender"by mail, 6 return receipt requested. ISD shall notify owners of each point assessed by mail,return receipt requested. The owner shall have 14 days to request a hearing to contest each point assessment or their classification as a"chronic offender". Chronic offenders are subject to fines of$300,or the maximum allowed,for each subsequent point received in a 12 month rolling period,and may also be subject to court prosecution under the applicable codes and regulations. Chronic offenders shall be required to request an inspection of each rental unit once every three(3)year,and it shall be mandatory that ISD conduct said three(3)year inspection. Chronic offenders with less than 2 points in a rolling 12 month period shall have the chronic offenders classification removed on the last day of the 12 month following their classification. TABLE 1 Point Point Threshold Threshold ina12 ina16 # Rental Units Month Month owned period period 1 to 50 units 6 10 51 to 500 units 10 16 501 or more units 14 24 H. All inspections performed under these sections shall be performed in accordance with the requirements of the State Sanitary Code and recorded on a form approved by the ISD. The Commissioner shall charge a filing fee of fifteen five dollars ($15.00)for any registration or sworn statement filed by an owner, authorized Inspector or other agent of the owner;said filing fees shall be capped at a maximum of two thousand five hundred ($2,500)per building or five thousand($5,000)per complex. For an inspection performed by ISD,the Commissioner shall charge a fee of fifty dollars ($50.00)per unit for buildings of one-to-three units and seventy-five dollars($75.00)per unit for all other buildings,including condominium units. This inspection fee shall provide up to two (2)inspections,for three(3)or more inspections,the Commissioner shall charge a fee of fifty dollars($50.00)per inspection for each rental unit inspected. 7 I. 1. Before conducting an inspection pursuant to CBC 9-1.3 of an occupied unit,reasonable advance notice shall be provided to the occupant in writing. Results of the inspection shall be provided to both the owner and the occupant. If an owner's agent. is denied access by the occupant for purposes of conducting a CBC 9-1.3 inspection,the owner of said unit shall notify ISD of such denial within seven(7)calendar days. Such denial shall be noted on a sworn,dated statement filed by an Authorized Inspector. If any person is denied access to a unit for the purposes of conducting such an inspection by the occupant,then ISD shall verify and document in writing such denial,which shall exempt the owner from the inspection requirements of CBC 9-1.3 for the period of one year. Denial of access by the occupant shall neither deem the dwelling to be in compliance with the State Sanitary Code nor bar the occupant from exercising legal rights. The Commissioner may cause the unit to be inspected pursuant to the terms herein in the manner provided for in the State Sanitary Code. J. Decertification process for Authorized Inspectors and Owners granted an inspection waiver: All Authorized Inspectors shall perform all inspections in a manner consistent with this section and shall refer to Inspectional Services Department any issue involving imminent life safety or health problems.Authorized Inspectors accept the designation to perform these inspections with the understanding that the failure to adhere to the standards of good faith,fair dealing and honesty will result in the revocation of the status as authorized to perform these inspections,action against the professional license and if relevant,notification to authorities for criminal prosecution. ISD shall immediately revoke the approval of any Authorized Inspector, or owner who has been granted an inspection waiver,who misrepresents the condition of a unit or fails to inspect a unit with due care,misrepresents any information on the application form or any form or document submitted under this ordinance,or for any reason demonstrating a failure to honor the requirement of good faith and fair dealing. An Authorized Inspector may request a hearing once aggrieved by such a revocation of approval.A hearing shall be held within thirty(30)days upon a written request from the aggrieved party. 8 K. Failure to comply with any provisions of this ordinance shall be punishable by a fine as set out in Section R of the CBC 9-1.3. L. Any and all notices,statements, inspection forms, applications including supporting documentation,and any other documents concerning an inspection pursuant to CBC 9-1.3 shall be a matter of public record. M. In an effort to evaluate the effectiveness of the inspection programs delineated herein,the Commissioner shall annually prepare a report detailing the activities of the program no later than July 31"-of each calendar year,beginning June 3e,2014. The annual written report shall include the following items: a) the number of registration statements received by the Commissioner during the prior twelve(12)month period b) the number of Owners issued fines or citations by ISD for(i) failing to initially file a registration statement and(ii)for failing to file a registration statement within thirty(3 0) days of written notice from ISD. c) the total number of inspections performed by ISD inspectors during the prior twelve(12)months,along with a district categorized list of the number of inspections performed in such district during such period d) the total number of inspections performed on Problem Properties,as defined in Ordinance 16-55.2,along with a break down by district of the number of Problem Properties inspected in such district. e) Such other information as may be requested by the City Council N. The provisions of CBC 9-1.3 may be enforced in accordance with the non- criminal disposition process of M.G.L. c.40, s.21D,provided that this section shall not preclude the City of Boston from proceeding to restrain a violation by injunction.The provisions of this ordinance may also be enforced according to Chapter 40U of the Massachusetts General Laws as accepted by the City of Boston,also known as the "Green Ticket"law. 9 ti O. Transfer or ownership of rental units must be reported to ISD within 30 days of closing. New property owners must register within 30 days of closing and must submit a reasonable maintenance plan that identifies and address the any significant code deficiencies within the subject property. If the property was acquired during its inspection year and the inspections did not occur before the transfer of ownership, then the new owner must, within 90 days, must complete any required inspection or apply for an alternative compliance plan. P. The Commissioner shall promulgate written rules and regulations necessary to implement and enforce the provisions of CBC 9-1.3. The Commissioner will work to employ and implement technology to the extent possible in order to optimize the fairness and effectiveness of the registration and inspection processes within these rules,which may be revised from time to time. Q. If any provision of CBC 94.3 shall be held to be invalid by a court of competent jurisdiction,then such provision shall be considered separately and apart from the remaining provisions,which shall remain in full force and effect. R. The provisions of CBC 9-1.3 shall be effective 120 days after its date of passage. S. 9-1.3. Fines for Violation of Rental Re-Inspection Any failure to comply with Section 9-1.3 will result in the assessment of a fine of three hundred dollars ($300)per month beginning in the first month in which the property is found not to be in compliance and continuing for each subsequent month thereafter. bg ch COnnell DEe 9 20f � Paned r APB'® 2 10 due Diligence on Zoning--Unauthorized Renting Can Lead to Major Problems Down the ... Page 1 of 7 Liko activo:": ran 2.4k Search Listings Jlffl Search Home Listings by City r • University • Search • Groups • Blogs • Contests • Q&A • Channels • States • Product Reviews • Sign UplLo in Home : Blogs : Elliott S. Topkins Massachusetts Real Estate and Title ALty : www.realtorsresourceblog.com Due Diligence on Zoning--Unauthorized Renting Can �ir� Twf Lead to Maior Problems Down the Road We have all heard the story. "Well, I am not sure whether it is legal or not, but the current owner rents the downstairs "apartment" for $1,200 a month, and she has never had a problem with the authorities". The response to this is that "She has been darn lucky, and if she does have a problem, she really has no B" Illegal rentals are everywhere, and most of the time nothing happens. On the other hand, if I am involved as the attorney for the buyer, I have a major probem. The buyer could be getting into a legal situation with the person the buyer rents to based on the only real warranty that a landlord must give every time there is a leasehold "THE WARRANTY OF http://activerain.com/blogsview/1504053/due-diligence-on-zoning-unauthorized-renting-ca... 3/26/2013 Due Diligence on Zoning--Unauthorized Renting Can Lead to Major Problems Down the ... Page 2 of 7 HABITABILITY". In other words, if the tenant stops paying rent, or worse yet, seeks legal assistance because of the condition of the "apartment" or for any other reason, the owner has no recourse, and quite possibly, may have to disgorge whatever rent has been paid to date. What is more deadly, however, at least in Massachusetts where I practice real estate law, is the spectre of an action againt the owner for a violation of consumer protection laws and possible double or treble damages, plus attorneys fees. The zoning status of any building is easily ascertained at Town Hall or City Hall. It is part of our due diligence to determine same. Once we have done so, there are ways to change zoning status, especially in areas where multifamily use is permissible. That is the correct course of action, at least in my mind. I may kill a deal or two taking this position. On the other hand, all of know that sometimes the best deal is the one we never make. Posted by Elliott S. Risks in ill_yal Topkins Renting an apartments Massachusetts Real "Illegal" consumer Estate and Title Atty Comments (7) Apartment in protection, on 02/20/2010 03:22 the ActiveRain warranty of AM Channel habitability Generate short URL This post has been included in Massachusetts Real Estate News Post is included in group: Boston Area Real Estate Post is included in group: Boston. South East Agents ZIPREALTY Rockin 2008! Post is included in group: Cape Cod Real Estate Post is included in group: Real Estate Law 7 Comments on Due Diligence on Zoning--Unauthorized Renting Can Lead to Major Problems Down the Road http://activerain.com/blogsview/1504053/due-diligence-on-zoning-unauthorized-renting-ca... 3/26/2013 Penalty may get tougher for illegal apartments in Massachusetts - Must reads - Quincy,M... Page I of 3 lift. flftrr. co. Penalty may get tougher for illegal apartments "' Massachusetts ............. ........................................ ....... ....................... By Jack Encarnacao The Patriot Leder er Posted Mar 23, 2013 @ 05:0o AM Last update Mar 23, 2013 @ 09:2o AM QUINCY— Under current Massachusetts law, when inspectors f Business News of cramped living conditions that contributed to the death of tw( and their father in a 2009 basement fire, there is little they can Chase Policies Tackle write the landlord a ticket. Payday Lender Issues Officials say landlords can too easily view the fines as simply the lo Ways to Cut the Cost business and continue catering to tenants willing to accept dang( of Airfare conditions because they cannot afford market.rent. Your House Is For Sale, You Just Don't Know it "If there were actually jail time involved, it would certainly make Yet easier," said Robert Conlon, an assistant building commissioner "You wouldn't feel like you're spending forever chasing these doi impose a $1oo fine." Suggested Stories Incarceration would be added to inspectors' toolboxes under a b. Abington'bra trick' magician arrested for... alliance of state legislators, the state fir I e marshal and the Norfoll District Attorney. Quincy man gets 7 years for running gambling den The legislation would subject landlords who keep illegal a.partm( 21/2 years in jail. Inspectors would be able to seek a criminal coi Quincy man charged with robbing Weymouth district court against these landlords, and also fine them $15,0.04 Pharmacy The filing of the bill comes one year after two Quincy landlords v manslaughter convictions following the deaths of Oudah Frawi a From the Web sons, Ali and Hassan, who were trapped during a fire in a basem Central bank heist is like apartment on Robertson Street that had only one exit and other old-school train... violations. Andy Huang was sentenced to three years in prison, a 'InvestingChannel brother, Jason, was sentenced to two to three years after a trial 1; http://www.patriotledger.com/topstories/x694780821/Penalty-may-get-tougher-for-illegal-... 3/26/2013 i Penalty may get tougher for illegal apartments in Massachusetts - Must reads - Quincy, M... Page 2 of 3 Top 10 Deadliest Female "People obviously are making the conscious decision to break thi Killers Funnyist illegal apartments because it's financially feasible to do so," Norf Miranda Lambert District Attorney Michael Morrissey said. "Obviously, they weigf Cleared by Police of the violation and the fine. If those violations rise to the level whe Threatening... E! Online someone's life at stake, and the penalty now is it could affect the owner's) liberty, I think people might think twice." Sponsored content What's this? T - _ -� The illegal apartment issue is particularly pronounced in Quincy communities with a lot of dense, multifamily housing. - Chiefly sponsored by Sen. James Timilty of Walpole, the bill is also sponsored by Rep: of Norwood; Rep. Bruce Ayers of Quincy; Rep. Louis Kakfa of Stoughton; Rep. Elizabet North Attleboro; Rep. Denise Provost of Somerville; Sen. John Keenan of Quincy; Rep. Murphy of Weymouth; Rep. James Cantwell of Marshfield and Sen. Michael Knapik of For second offenses, the proposed law subjects landlords to five years in state prison ar . fine. "In my mind, it sets very clear and significant penalties.for those people who put profit state fire marshal Stephen Coan said of the bill. Using current law and city ordinances, Quincy has checked hundreds of illegal-apartmi complaints since the 2009 fire on Robertson Street. Inspectors can issue fines and order illegal units removed from buildings but can only criminal charges if those fines are not paid or if the illegal unit is not removed in a time READ MORE about this issue. Comments(26) Loading comments... Login or register to post a comment: Login Username: Password: Forgot assword i Login Register Email: First Name: Last Name: ! r I agree to the terms of use h ://www. atriotled er.com/to stories/x694780821/Penal =ma - et-tou her-for-ille al-... 3/26/2013 ttP P g P tY Y g g g y Penalty may get tougher for illegal apartments in Massachusetts - Must reads - Quincy, M... Page 1 of 3 a t r ecom Penalty may get tougher for illegal apartments Massachusetts ................................................................................................. ................................ .......... By Jack Encarnacao The Patriot Ledger Posted Mar 23, 2013 @ 05:0o AM Last update Mar 23, 2013 @ 09:2o AM QUINCY— Under current Massachusetts law, when inspectors f Business News of cramped living conditions that contributed to the death of twc Chase Policies Tackle and their father in a 2009 basement fire, there is little they can c Payday Lender Issues write the landlord a ticket. io Ways to Cut the Cost Officials say landlords can too easily view the fines as simply the of Airfare business and continue catering to tenants willing to accept dangi conditions because they cannot afford market rent. Your House Is For Sale, You Just Don't Know it "If there were actually jail time involved, it would certainly make Yet easier," said Robert Conlon, an assistant building commissioner "You wouldn't feel like you're spending forever chasing these do` impose a $too fine." Suggested Stories Abington'bra trick' Incarceration would be added to inspectors' toolboxes under a b: magician arrested for... alliance of state legislators, the state fire marshal and the Norfoll District Attorney. Quincy man gets 7 years for running gambling den The legislation would subject landlords who keep illegal apartm( 21/2 years in jail. Inspectors would be able to seek a criminal coi Quincy man charged with robbing Weymouth district court against these landlords and also fine them $15,001 pharmacy The filing of the bill comes one year after two Quincy landlords v .xA From the web 1& manslaughter convictions following the deaths of Oudah Frawi a sons,Ali and Hassan, who were trapped during a fire in a basem Central bank heist is like apartment on Robertson Street that had only one exit and other old-school train... violations. Andy Huang was sentenced to three years in prison, a InvestingChannel brother, Jason, was sentenced to two to three years after a trial L http://www.patriotledger.com/topstories/x694780821/Penalty-may-get-tougher-for-illegal-... 3/26/2013 Penalty may get tougher for illegal apartments in Massachusetts - Must reads - Quincy, M... Page 2 of 3 Top io Deadliest Female "People obviously are making the conscious decision to break thi Killers Funnyist illegal apartments because it's financially feasible to do so," Norf Miranda Lambert District Attorney Michael Morrissey said. "Obviously, they weigl Cleared by Police of the violation and the fine. If those violations rise to the level whe Threatening... E! Online someone's life at stake, and the penalty now is it could affect the owner's) liberty, I think people might think twice." Sponsored content What's this? The illegal apartment issue is particularly pronounced in Quincy communities with a lot of dense, multifamily housing. Chiefly sponsored by Sen. James Timilty of Walpole, the bill is also sponsored by Rep. of Norwood; Rep. Bruce Ayers of Quincy; Rep. Louis Kakfa of Stoughton; Rep. Elizabet North Attleboro; Rep. Denise Provost of Somerville; Sen. John Keenan of Quincy; Rep. Murphy of Weymouth; Rep. James Cantwell of Marshfield and Sen. Michael Knapik of For second offenses, the proposed law subjects landlords to five years in state prison ar fine. "In my mind, it sets very clear and significant penalties for those people who put profit state fire marshal Stephen Coan said of the bill. Using current law and city ordinances, Quincy has checked hundreds of illegal-apartm( complaints since the 2009 fire on Robertson Street. Inspectors can issue fines and order illegal units removed from buildings but can only criminal charges if those fines are not paid or if the illegal unit is not removed in a time READ MORE about this issue. Comments(26) Loading comments... Login or register to post a comment: Login Username: Password: Forgot assword i Login Register Email: First Name: Last Name: L 1 I agree to the terms of use http://www.patriotledger.com/topstories/x694780821/Penalty-may-get-tougher-for-illegal-... 3/26/2013 Penalty may get tougher for illegal apartments in Massachusetts -Must reads - Quincy, M... Page 3 of 3 i r I am over 13 years of age i NOTE:Your inbox must accept emails from"no-reply@gatehousemedia.com" Register Contact us I Privacy Policy I Terms of Service I RSS The Patriot Ledger 1 400 Crown Colony Drive, P.O. 699159, Quincy MA 02269-9159 Copyright @ 2006-2013 GateHouse Media, Inc. Some Rights Reserved. Original content available for non-commercial use under a Creative Commons license, except whe Advertiser profiles I Cherrp Local 1 Real Estate 1 Find your Wicked Local Town RadarFro g E http:Hwww.patriotledger.com/topstories/x694780821/Penalty-may-get-tougher-for-illegal-... 3/26/2013 Crackdown on illegal apartments continues in Brockton, Quincy - The Boston Globe Page 1 of 2 Officials target illegal apartments By Michele Morgan Bolton Globe Correspondent / March 1, 2012 Safety officials in Quincy and Brockton have lived up to a 2009 vow to crack down on illegal apartments following a fire that year that killed a West Quincy man and his two young sons in their basement dwelling. Not long after the deadly blaze, Quincy's Illegal Rooming House Task Force, made up of fire, police,building, and health officials,exposed i5o illegal apartments. Since then, members have identified another 375 dwellings that have been built into residences without the proper permits, said Jay Duca,the city's director of inspectional services. "We have 30 cases still in court and another 20 pending,"he said. A similar squad in Brockton found 120 such dwellings in 2oog and 40 since then, said James Casieri,the city's superintendent of buildings, suggesting that the lower number is an indication that the city's zero-tolerance stance is being taken seriously by landlords. At the same time, Brockton has established a registry to list vacant and abandoned buildings, which Casieri estimated at between 500 and 1,000 structures. Under the new plan, owners must pay an annual fee, starting at $150,based on how long the buildings have gone unused. The policy is a safeguard that identifies potential problems and ensures people cannot move into the buildings or break in and steal copper piping and other valuable materials, Casieri said: "The more tools we have,the better off we are:" By contrast, Quincy has about 30 vacant buildings, Duca said. "We're in pretty good shape.They are identified and secured." State Fire Marshal Stephen Coan and Norfolk District Attorney Michael Morrissey,whose office handled the Quincy case,have proposed a law that elevates the crime of creating an illegal apartment to the state level, requiring jail time. If passed,it would be the first such major change since the Legislature raised culpability for fire and building code violations that cause serious injury or death following the 2003 Station nightclub fire in Rhode Island,Morrissey said. Illegal apartments,which often pose health,fire, and safety risks to tenants, are not so prevalent in rural areas that have smaller housing stocks,he said. They are more likely to be found closer to Boston, in communities such as Braintree, Dedham, Milton, and Weymouth,he said. But preventing property owners from creating illegal apartments is a challenge without an appropriately strong statute,Morrissey said. In a drunken-driving case, for example, a prosecutor has identifiable acts and elements of law to meet. Trying to wade through municipal ordinances and building code violations to prove cases of illegal dwellings can be arduous. "If it becomes a crime for someone to put in an illegal apartment, it would be easier for lawyers and others to sink their teeth into,"he said. "If you have a two-family,it's a two-family.And if you http://www.boston.com/news/local/massachusetts/articles/2012/03/01/crackdown on_illeg... 3/26/2013 Crackdown on illegal apartments continues in Brockton, Quincy - The Boston Globe Page 2 of 2 do everything legally,you have nothing to worry about." Coan recalled responding to the March 25, 2009, Quincy blaze that took the lives of Oudah Frawi and his sons,Ali and Hassan. The three were trapped in a basement apartment'at 100 Robertson St. that had no working smoke alarms,just one door, and windows that were too small to squeeze through. Frawi's wife, Terri Knight, survived the fire with serious injuries. "It was an egregious tragedy," Coan said, praising the successful prosecution of Andy and Jason Huang,the Quincy brothers who owned the house.They were given three-year prison sentences. "It also sends a strong message to landlords that if they are going to profit from ownership.they have an obligation to provide safe habitation,"he said. "Anything other than that will not be tolerated." Illegal residences are often marked by only one entrance. Hastily constructed basement spaces with concrete walls and floors can be covered in mold,and place residents at risk for carbon monoxide poisoning from living and sleeping so near a boiler, officials said. Residents often use electric space heaters,which increase the fire risk, officials said. City task forces are often clued in to the apartments'existence by jury-rigged electric and water meters on the outside of the homes, as well as the number of satellite dishes positioned on the roof. Duca said it is frustrating having no uniform statute that all cities and town can rely on to prosecute such cases,which end up dragging through the court system. Fines,once invoked, aren't stiff enough to be a deterrent,he said. He said he would like to see landlords charged as much as $5,00o after an illegal dwelling is discovered followed by a lien on the property until the fine is collected. "Maybe that's over the top,but it will get their'attention,"he said. r A harsh economy is at the root of the problem for many landlords and tenants, Duca and Casieri agreed. Housing is expensive, and people are trying every way they can to make ends meet. "We are in the safety business,"Duca said. "We have to rely on people reporting them because the people who live there won't." Michele Morgan Bolton can be reached at michelebolton@live.com. ©Copyright 2012 Globe Newspaper Company. http://www.boston.com/news/local/massachusetts/articles/2012/63/01/crackdown on_illeg... 3/26/2013 _Sh6uld you rent out your basement? - MSN Real Estate Page 1 of 8 More Outlook.com Mobile Bing Rewards Make MSN your homepag Sign REAL ESTATE Fa' , Should you rent out your basement? share-1 133 Tweed i Share 4 36 Potential costs of illegal apartments Clearly, many homeowners today are jumping into the "accessory dwelling unit"market.The American Apartment Owners Association reports a spike in calls recently from homeowners requesting information on their new, often unofficial (illegal) rentals: attics, basemen outbuildings and even as-is garages. They're renting out anything "that's got a roof,"says AAOA board member Jeff Cronrod."We're in an economy where the need for cash is going to drive people to do some things that they wouldn't ordinarily do." It may be tempting to skip the paperwork and hassle of getting approval on your addition, but illegal apartments can be far costlier that the income they'll generate. "It's amazing what we're aware of, what we've seen," Cronrod says. "And the litigation that can result can wipe out the property owner faster than foreclosure." Here are some of the ways you could end up paying for trying to fly under the radar: ' arm' a neighbors. Maybe a parking spot is taken, or a tenant comes home late and makes noise, or a nei PIQ91Tnal c dge against you. One phone call and the city building inspector can fine you for not having the ap{jf@oristl }4 lQhi possibl-violating building or zoning codes. Next, you're closed for business. Reason: Thi ebs nse " ou've got a r s &WSt�Wdbeca a the neighbor says, 'I don't like you and I'm going to report this,"'says Portman,the housing lawyc " ou are startiNgq%V "t4r"d tht could become very uncomfortable, if not costly, later on." URL: SE 1WWCi WARWi&esponsible-looking tenants can do some pretty serious damage, or simply neglect to pay the bills. (See PleawdkmktNoebRi.n€t!A weaNtenants.")You can evict them, sure, but if the apartment is not aboveboard,then the judge is more Ill yotowlivAdr�kf4 paOWdrd mndrd you any back pay. do not share it with anyone. "When you have an illegal contract,you simply can't enforce it, and that means the judge can't honor the landlord's right to receive re Portman says. "Even if you're completely right,you are.risking the shutdown of your entire business. And a tenant who knows this can: have his way with you." Canceled insurance: Fail to upgrade your homeowner insurance from a single-family to a multifamily residence and you're arguabl voiding your contract, giving the insurance company grounds to deny a claim.That could include costly damage to your own part of house caused by a tenant. "Insurance companies more and more are denying claims,"says Robert Solberg, president of Campbell Solberg Associates, a New York insurance brokerage firm. "If they can find a way to not pay for it, they will." A second kitchen and additional residents increase risk, which costs more to insure. "You don't want to misrepresent the property," Solt says. Inability to screen tenants: Experienced landlords know how important it is to run a thorough background check on prospective tenants. But such checks involve sensitive personal information, and by law screening companies are supposed to provide this privat data only to landlords who can prove that they are renting a unit that has been legally registered in the municipality. If you can't prc this, you may not get a thorough background check from a top-rated company. Trouble with your current mortgage: Is your mortgage restricted to a single-family unit?"Lenders have lent on the premise that a home and not a rental. So you could be subject to foreclosure, which ironically is what people are trying to avoid in the first place,' Cronrod says. While actual foreclosures for such violations may be rare, you could face difficulty paying your mortgage should your rental be shuttered by the city for violating city code. Less opportunity for financing the remodel: Loans are available for renovations to create rental units, but the bank obviously ne assurance that it is legal and will generate income. http://realestate.msn.com/should-you-rent-out-your-basement?page=3 3/26/2013 ri Sh-vuld you rent out your basement? - MSN Real Estate Page 2 of 8 Costs at resale: If you sell the property and fail to disclose that it has an illegal unit, you could be sued and required to bring the ui up to code.The sale could even be voided, Portman says. "If I were a buyer in a situation like this and I discovered that this place is legal, I would sue for the value of the property without this unit,which is essentially what I've got now," Portman says. Become a fan of MSN Real Estate on Facebook and follow us on Twitter. related content ....._.... _ .. ........ . ................................................................ .............. ........................................ Tenant reality show not a good guide Woes of being a small-time landlord How rent increases affect deposits Where can tenants turn for help? Sublet your pad and save Is your landlord breaking the law? READ MORE ABOUT RENTP $hared 133 36 _. .......... ......... ......... 36 Commeni newest oldest best worst controversial heather132 Jun 6,2012 11:09Pb My names is heather from Australia, the reason i am writing this testimony is because i made a promised that who so ever help me out of my****and predicament deserves to be known by the world.Am 24 years of age my boyfriend left me some months •<. -- ago that am a piece of old cargo that there is nothing on earth that can bring our paths together as long as he breaths.i felt really bad because i loved him so dearly'one day i came across some testimonies of this priest called Lord kalifat so i decided to give him a chance.but when he told me things so personal which i knew was so secret that was only known to me then i gave him a chance out of my doubting spirit but to my greatest surprise my boyfriend called me five days later that he is so sorry for all the More 0 3 Replies(0) _ ............. . ......... ......... steve_smith54 Nov 8,2009 6:33Ph My advice to anyone considering buying rental property is don'tl My parents owned a couple of building,which they bought against my advice.They were older buildings and not in great neighborhoods. I urged them to buy something better and in a better neighborhood,but they said they couldn't afford that.The bottom line is that after nearly 20 years of nothing but headaches tenants who were as much as six months behind in their rent trashing the place,stealing the window air conditioning units,etc. because we had the nerve to evict them.When we report theft by the tenants the local police were absolutely useless.Finally after one of the tenant's son threatened to f---us up and put a bullet through our heads Dad sold the property.If you don't smoke, More 7 5 Replies(0) ............... ......_................... . ........... ................................... .............................................................. .......... Formert-andlord Nov 8,2009 5:33P6 Sensical Healthy is absolutely right. My husband and I were landlords for many years. We had a duplex that we lived in one side and rented out the other side. We always checked references completely and asked for first month's rent and a deposit up front. We interviewed applicants face to face and encouraged them to bring the whole family to look at the place. This gave US an opportunity to look THEM over and their children to see if this was someone we would want in the duplex. We kept our rent a little below the market which attracted good tenants(we had many to choose from). I had a lawyer help draw up the contract(we preferred month to month contracts,rather than leases,as if things weren't working out,we could give them one month's notice rather than trying to break a lease). We also kept the place up spotless. When a tenant moved out,we painted and cleaned and http://realestate.msn.com/should-you-rent-out-your-basement?page=3 3/2.6/2013 I CV CP Lin m N Spicket 05picket Zone 5 i Spicket a05 l-114" EWxisting Tennis Court et 6_ 2Pergola O LL 4'-3z Gate i TO larl25 �`��``��` ' Ve etables/Herbs p `` - ` Jap Garden pc6lt future paver or brick p io) �. L1 O ` O IPD Saa �'l El p �� 0 Garage - -- - s GardenLLJ eeping ` rch stonewall I I I El. +30 `>ti LO Gum" Fieldstone Wall m (footing Installed) Future Bluestone Paver Driveway Walkway I O ' I El. + Qq I o c stewartia Tulip Tree Kousa Dogwood Tulip Tree Tulip Tree El. +27 I I Ow - — El. + 24 I - I I i Pond Tu ip Tr e co Willow El. + 24 I ousa Dogwood ' I Driveway i Hostas, gr nd cover Brid Plant List Fish Tail Ginko g j (3) Red Jap Maple Islan 4 Japanese Maple (Green) 4 Japanese Maple (Red) en Jap Maple 3 Magnolia 720# 3 Kousa Dogwood Island River Birch Re Jap Mae nes 5nowbell Cherr 3 Full Moon Maple I Stewartio 8 Japanese Snowbell I Fish Tail Ginko d Jap M 2 Blue Atlas Cedars El. + 24 4 Dawn Red Wood Tulip Tree ousa Dogwo I Weeping Cherry River Bir 4 Tulip Tree 10 Rhododendron El + 27 W 10 Boxwood I 5 Cherry Laurel El +28 Red Jap Mapl PL Rhod o s, El +2g j Upper Pond j from back yard Perennials Capistrano Rhodiesw NL H cherry laurel Rho d n• Ny y Ny Cherry Laurel (heeled in) � Cr ome NL y Yew Li de '.1lhit6 - j to 00 White Rhody j Rhody ��° B Wood { L C Cr me Q Arb 1 Plant Bamboo Rhody ryptor ria Yp b n Yew telephone po e Lawn - AM Privet Hedge i ROAD Road i 1 307'bound to bound 168' left bound to driveway center Pond Planting Design q00 Shoot Flyinghill Road Centerville, MA 02632 Drawn by Date: II� Michael P. Neoth, MCLP July lgth, 2011 i ------ -— --------- -