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NOT FOR PUBLIC VIEW
Date: July 22, 2015
To: Building File
From: Robin Anderson, Zoning Officer
Re: Status Report on 29 Warwick
Patty Falgiano and another party came to the counter this morning (7/21//15)
about 29 Warwick. Patty complained about 29 Warrick and informed me that
nothing is getting done. She was not receptive to hearing or processing any
response on this occasion. She stated she is "...sick and tired about hearing (that
the issue) is about 'pretty'." She told me that 'pretty has nothing to do with it. She
accused us of not addressing her complaints because the subject party is from
another country and stated loudly that "...every other race, creed and religion has
to obey." When I asked her what "laws" he is breaking she responded that the
owner is bringing in and dumping landscape material and stones. She
vehemently denied that he is working on his own driveway. She said he dumps
material regularly at night when no one can see him and his commercial trucks
are parked there every night. I explained that I have not seen that myself nor
have any of the other inspectors. I also told her that we don't work during the late
hours that she identified so none of us are there to see what she is complaining
about. She waved her phone at me and said she has photos that she wanted me
to see but then she reprimanded me for asking for copies. She stated
that she had spoken to Mark Ells who told her it was not her responsibility to take
photos. I told her I completely agree with that but I am unable to document what
she claims is occurring when it is actually occurring (i.e. the parking of
commercial vehicles and dumping). The conversation circled back to her
perception that we have failed to respond.
I told her I have been to the site numerous times and'saw nothing that I am able
to address. In fact, in response to the complaints I had previously dispatched a
local building inspector and a fire prevention officer. The COMM FD found no
violation with regards to the high piles of brush reported. The local inspector
(Jeff) found a reduced brush pile and determined that there was work completed
without a permit. He subsequently gave the owner a window of opportunity in
which to obtain the necessary permit. I told Patty on this occasion that a
contractor has been in touch with Jeff concerning the required corrections and
necessary permit. I stated that at this time I have no evidence of any other
violations. Her companion discussed tree work done over the property line onto
the abutting lot. I explained that I have no jurisdiction over that matter - true or
not.
The conversation came around to the commercial vehicles on site. Patty's
frustration escalated as I explained that when I go to the site I am not seeing a
violation. I stated that is why it is important for us to have photos and clarified
that I am not directing her or asking her take photos on my behalf. She did want
to have to print off copies of her photos and drop them off for me. I offered to
print them myself if she would email them to me and I gave her my business
card. I told her I would not reveal her as a source. She was visibly upset so I
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explained that I needed to approach the complaint as if we were proceeding to
court and I needed tangible evidence in order to prove my case.
Here is the break down of issues:
• Cutting trees - I tried to explain it is not against the law/regulation to cut
down your trees. She insisted they are not his trees.
• Work over the property line - She declared that some of the trees were on
the neighbor's property - I advised this is a civil matter.
• Stone material- She insists it's against the law to import stone material
from job sites. The owner advised Jeff that he is using left over material
for his own property. Jeff indicated that it appears that the stone maybe
intended to replace an existing retaining wall. (I inadvertently advised
Patty incorrectly when I said driveway instead of retaining wale.
• Tree branches - Pile of brown dead tree branches. Patty says he is
importing these from off site and dumping it at 29 Warrick. No violation per
FD and no evidence that organic material is imported from off-site or that
the pile has increased.
Also: Amanda Converse was at the counter during this entire exchange and
witnessed the entire interaction.
I never once heard anything about over-crowding or a dog at this property.
7/21/15
Late in the afternoon (on the same date) I was able to locate a name and phone
number of the occupant at 29 Warwick. I spoke very bluntly to him and advised
him that his neighbors wanted to kill him because his yard looks like a grenade
went off on it. I advised him that as a landscaper and mason his yard should
look like a postcard in order to advertise his skill. He agreed and was very
apologetic and embarrassed to hear that I had been to his home. He said he is
getting a chipper this weekend to get rid of the brush and he hopes to start on the
new retaining wall in his driveway. He has a wife and small children and he
needs to get the work done but he got very busy suddenly after he started and
has not had time to work on his property since. He seemed very sincere but I
warned him again and stressed to him that he should be blending in the
neighborhood and not standing out; that his property should look at least as
beautiful as the others in order to make this matter go away.
I was made aware today that someone contacted Martin MacNeely again about
this property and a fire hazardous. They have been there numerous times and
found nothing to address as well.
2
7/22/2015
The Building Commissioner informed me that he drove by 29 Wawick at 10 PM
last night (7/21/2015) and found only one pick up truck.
The property owner, Raphael contacted me this morning to inform me that he is
chipping the brush pile today. He intends to start on the wall and fence in his
yard this week He is obtaining a survey to prevent a property dispute and make
sure that the fence is on his own property. I advised him to pull the fence in a
couple of feet in order to afford him some room for maintenance if necessary.
I contacted COMM FD and asked Martin to check the site for progress. FPO
Martin MacNeely has been dispatched numerous times concerning a fire
hazardous (brush pile) at this location. COMM FD staff determined there was no
hazard at this location on each occasion they responded. I advised Martin of my
conversation with Raphael and his intentions to chip —thus eliminating the brush
pile. Martin agreed to drive by the subject property this afternoon and advise me
accordingly.
11 AM
FPO Martin MacNeely reported a crew of 7 guys at the site chipping and working
on the property.
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