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0828 SEA VIEW AVENUE - Health (2)
828 SEAVIEW AVE, OSTERVILLE 4 l Y f No. 4210 1/3 BGR ESSELTE } j . i 4 i i gb�(Jl �f f' 0 �- ��1 ,� `� �� : � w � ��, . � � ��� �2" OUt�1� 1- .w � /�.,��f .Z �,o O3i �� LI q 5 - 1�B � - w 3�� ` . ; 1 G t f]4 I ' ' t l {1 t f i { (� ! 1 ! I -__ Town of Barnstable P# FTHE 1p� o Department of Regulatory Services � J x BABr4STABLA Public ]Health Division Date / 1639. 200 Main Street,Hyannis MA 02601 pTFD MAv Date Scheduled �/ Time Fee Pd. l �� Soil Suitability Assessment for Se e Disposal Performed By: Witnessed By: tk LOCATION &.GENERAL INFORMATION Location Address .G251 ,gia U k.w •A%. a . Owner's Name l).K)• Klv.,j,,j 7v-e C)51--rdil Lx 11� ►J�Shh ��atc ']i-4 Address I`lo:n C'jeedn FL_, 33gFr0 Assessor's Map/Parcel: p I13 PLI062-Oo1 Engineer's Name hea 49,te" NEW CONSTRUCTION REPAIR Telephone Land Use t e:g t tAe w h a( Slopes(%) d'—% %a Surface Stones mo y Distances from: Open Water Body '14 ft Possible Wet Area ft Drinking Water Well, ft Drainage Way ft Property Line ft Other It SKETCH:(Street name,dimensions of lot,exact locations of test holes&pert tests,Iodate wetlands in proximity to holes) Yc,fr "}'a Sc�j�►` ��c'1 , JP �G:a4" �7of i�C:safl°gG7Y1a rj Parent material(geologic) Depth to Bedrock Depth to Groundwater: Standing Water in Hole: Weeping from Pit Face Estimated Seasonal High Groundwater a�Q DETERMINATION FOR SEASONAL HIGH WATER TABLE 1 Method Used: Depth Observed standing in obs hole: in. Depth to soil mottles; Depth to weeping from side of obs.hole: in. Groundwater Adjustment Index Well# Reading Date: Index Well level Adi.factor Adj.Groundwater Level I'E d ION TEST Date.11 me IVA �1 ' Observation Hole# = Time at 9" Depth of Perc Time at 6" fo 4� f 1 Start Pre-soak Time a:, 1, i o a 10 i)-3 Time(9"-V) 2— Ll End Pre-soak '(% : Rate Min./Inch 1m,vt ►�. �,,; 1 In Site Suitability Assessment: Site Passed Site Failed: Additional Testing Needed(Y/N) Original: Public Health Division Observation Hole Data To Be Completed on Back----------- ***If percolation test is to be.conducted within 100' of wetland,you must first notify the Barnstable Conservation Division at least one(1)week prior to beginning. Q:HEALTH/WP/PERC'FORM XIO DEEP OBSERVATION HOLE LOG Hole#_ . . Depth from Soil Horizon Soil Texture Soil Color Soil Other Surtace(In.). (U'SDA) (Munsell) Mottling (Structure,Stones,Boulders, oGravel) �•k2.;o co a e lti b DEEP,OBSERVATION HOLE LOG Hole# 'Z— Depth from Soil Horizon Soil Texture.. Soil Color Soll Other Surface(in.) (USDA): (Munsell) Mottling (Structure,Stones,Boulders. colisl5tcory.°a e OPT Y-, 10 b DEEP OBSERVATION HOLE LOG Hole# Depth from Soil_Horizon Soil Texture Soil Color Soil Other Surface(In.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Comlstoricy.° a DEEP'OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soli Texture Soil Color Soil Other Surface from (USDA) (Munsell) Mottling (Structure,Stones,Boulders. —Consistency.c %Orlivel) lti_z, Q 5 1� ► o19 Flood insurance Insurance Rate Map: Above 500 year flood bowidary, No Yes W:Ithin 500 year-.boundary .,_,._ He— Yes Within 100 year flood boundary No Yes Depth of Naturally Occurrine Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption.system? If not,what is the depth of naturally occurring per ious material2 CertiCcation I certify that on tau Zoo (date)I have passed the soil evaluator examination approved by the Department of] nyiroru, ental rotection and that the above analysis was performed by me consistent with the required trainin expeise find experience described in 310 CMR 15.017 _ r Signature D � �, gyp1A—,: Date rt - � Q:H EALTI-l/W P/PERC FO RM ' TOWN OF BARNSTABLE LOCATION . -Se-iL Viety AVfhQe-- SEWAGE#APt0 "0 29 VILLAGE ASSESSOR'S MAP&PARCEL INSTALLER'S NAME&PHONE NO. 'q co 1-7 17 7 SEPTIC TANK CAPACITY C`,'1T c�a 1,JaD� f LEACHING FACILITY.(type) ,�.,� (size) g .X 3q, NO.OF BEDROOMS 7 OWNER RCS pN� STt�hI�J'1 �1�yt�'I' PERMIT DATE: !' /O COMPLIANCE DATE: rlqh,9 Separation Distance Between the: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility(If any wells exist on site or within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet FURNISHED BY --7Lh s 1 �sc�vH TOWN OF BARNSTABLE LOCATION Q29: S',PaL V ew Ayenbe SEWAGE# VILLAGE S)P[I/i III ASSESSOR'S MAP&PARCELol INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY LEACHING FACILITY.(type) ,j'� � H Zip C (size) Ire �16 NO.OF BEDROOMS Gj OWNER &,b�-1-T �r��r✓I�1�ts GiP PERMIT DATE: .Z / /e►> COMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility(If any wells exist on , site or within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet FURNISHED BY ��b s � _rz 1 No. f\ Fee ' THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS Yes ftplitation for ]Disposal *pstrm Construtt%un permit Application for a Permit to Construct( ) Repair( ) Upgrade( ) Abandon( ) ❑Complete System HIndividual Components Location Address or Lot No. Bea 5ekj ifL" h�k Owner's Name,Address,and Tel.No. Assessor's Map/Parcel if Lj.-e Q1—ooZ 17Z evo FA0.M 6�e 9 Installer's Name,Address,and Tel.No. Design is Name,Address and Tel.No. JQ-via ENt kAje_�V�Q a,�+'� E5�1 +A- cZi S' CSq zgf3js{ Type of Building: Dwelling Ni .of Be looms (0 Lot Size J.Z --sq-ft Garbage Grinder(0) Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow(min.required) gpd Design flow provided �13 gpd Plan Date o Ar,Vym,y ll, of 8 Number of sheets ( Revision Date Title Sat`1 A Ad "Ptc?o S�l7 1tWlP�t (ueN3 Size of Septic Tank ISaL Type of S.A.S. S�L�1P�yvt�C P`� tN Or IZ. J x()Z-(a` IFItsl 3 Description of Soil QL -1 It 1�l C►—ti l� IRYC(Z jC�,�f Pik�.D� i ei tl-Zz 3 (�tir.� ionic yob I-0 4� � Nature of Repairs or Alterations(Answer when applicable) '1t N LN' 1k N a!.l . & Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to lace the s s n eration until a C Compliance has been issued by this oard f lth. Signed Date •-- � l - Application Approved by V. Date — Application Disapproved by Date for the following reasons Permit No. 0—6'3;L Date Issued ,� v '— % ' x.� :r. Y_ �ls+r'+n..,C.--3-•+.rV`.•.+1+'n. "r".°n'crs -:. %wh:J«-+ e '^"'..� ~�y'�.:tir'''`�:+".'+'^'7.tsr;1�`'.:a-"''vh+k^r1,.T-n...., ;y No. l O iFee !� Entere4 in coiiiputer: t/ THE COMMONWEALTH OF;MASSACHUSETTS PUBLIC HEALT.,H DIVISION -TOWN O'F-BARNSTABLE, MASSACHUSETTS ;Yes , t ' pplicatton for Misposal Wpstent Construction permit Application:for a Permit to Construct( ) Repair( ) Upgrade( ) Abandon( ) ❑Complete System.'*' ElIndividual Components ' r- s Location Address or Lot No Owner's Name,Address,and Tel.No. - Assessor's Map/Parcel J/Lj -p 01-o0Z 1 7Z_o\.o F-Nkn nRowp Installer's Name,Address,and Tel.No. Designer's Name Add ess and Tel.No. U_1J ;S,O,Fyu�c bS`1 _ �uw1 fn.r� �•eR����-,<:' � oZbsS (So$ Z�-33�{y l ` .e•C.Y` - Type of Building: ( Dwelling No.of Bedrooms (P Lot Size LZ- AClt`Q-, STD.-- Garbage Grinder(0) J Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow.(min.required) "0 gpd Design flow provided y 3 gpd Plan Date 11,Zol 6 Number of sheets ( Revision Date Title ,5 Tt-k-tAAJ _?0?06) IW&ZIVEAtf,� , Size of Septic Tank 17Pa Type of S.A.S. S C-N(ty'1%.) t N Description of Soil 1�CQL - l���I-j p-1� pr LQyr 2Z 7o t C.i l N�11'2 7 S) �j/e -70 1_&qE 51 ly Mtn Nature of Repairs or Alterations(Answer when applicable) :�o Date last inspected: 1 Agreement: 3 The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the.provisions of Title 5 of the Environmental Code and not to lace theme syst m i peration until a Certificate of Compliance has beel;issued by this Board of Health .'On Signed Date t Application Approved by Dated -/— Application Disapprovedby Date for the'following reasons Permit No. 9010- 03,Z 'Date Issued a- ~ P — / 0 THE COMMONWEALTH OF MASSACHUSETTS +' BARNSTABLE,MASSACHUSETTS 4 (Certificate of Compliance 1 THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed(-') Repaired( ) Upgraded( ) Abandoned( )by' 'j,,,, kPhAorj%/// at $Zi6 SERA\J j6 VJ OhVENUE has been constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit No. a 010 -09-dated X - 1 l 0 - Installer Designer /- #bedrooms G ip Approved design flow 00 and- The issuance of this permit shall not be construed as a guarantee that the system willlefu ctioA as desi lk Date 5 /( � (J Inspector 1 �fY tM/ ��-`'� �S- e d' _..,. -------- --------------------//-�-��1?.,,__:. ---- - - -- - - - - - - - -- - - j -- - THE COMMONWEALTH OF MASSACHUSETTS Fe PUBLIC HEALTH DIVISION.r BARNSTABLE,MASSACHUSETTS Misposai &pstem Construction permit Permission is hereby granted to Construct-( ) Repair( ) Upgrade( ) Abandon( ) System located at AZ?) •PNKA-j r_- and as described in the above Application for Disposal System Construction Permit. The applicant recognized his/her duty to comply with Title 5 and the following local provisions or special conditions. Provided:Construction must be completed within three years of the date of this permit., < j Date j C 1, —' � � Approved by ' No. Z 0 /0 OZ q 8�Fee . THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: n PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE, MASSACHUSETTS Yes ftpliLatlon for Misposaf *pstrm Construction permit Application for a Permit to Construct(.-YRepair(l�Upgrade( ) Abandon( ) ❑Complete System ndividual Components Location Address or Lot No. z� c�Cpr vas Av�u Owner's Name,A4dress and Tel.No. CSQ.v\�L�=MA e� RM�Re 3.5?17"4 .+iA�mi-vq�. Assessor'sMap/Parcel (( _caj_aa-Z 17&.,> Ins Her's N e,Address,and Tel.No. Designer's Name,Address,and Tel.No. �'nGo?.ytLd 4uuuohV FNF\J�e6'R�dcc, 0S-",g.r a - e CSA 42 8 4 Type of Building: Dwelling No.of Bedrooms 14 Lot Size _(,Z. AeQC 5 sq ft. Garbage Grinder(Ab) Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow(min.required) �{�{ gpd Design flow provided y SS gpd Plan Date'3hj-l?bE" \�,2_jZt16 Number of sheets Revision Date Title 5 i"1`7E TL60 Size of Septic Tank Type of S.A.S. Description of Soil �E��,#� ti\\4 S 0-1\' Pt CA-yi& f®`I� `� SRA�y CekL,1 1\ZZ 13 (A:yE(l i0y 41Cg (Am�j_5SME-) 7Z-"7d, _70- lA wli- 2 5y�(� Nature of Repairs or Alterations(Answer when applicable) UE�OCl4 Ctj\c ik Nh Me-{ of C-X,\S�\M � SYSvtft'� (Y1k ;CT?)R LK5 Tn WQz,S� 1(YIALk) i tb%JS (s �T E_ T> Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the.provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certific Compliance has been issued by this Bo f a Signed ate Application Approved by a Date ^Z ^!o Application Disapproved by Date for the following reasons Permit No._ 0 10 2 Date Issued �O No, 2 0 /0 02 q i r � r N � � Fee , -4 THE COMMONW/EALTH OF MASSACHUSETTS Entered in compi tei: Yes PUBLIC HEALTH DIVISION.-TOWN OF BARNSTABLE, MASSACHUSETTS J ftpYitation for Misposal 6pstem Construction permit , - Application for a Permit to Construct(—<Repair(erupgrade( .) Abandon( ) ❑Complete System ®widual Components--,,. f' Location Address or Lot No.b'z'a SEA"J<w RUE 1J`6 Owner's Name Mdress and Tel.No. FPQe �IUppOkAJE'R�t4� Assessor's Map/Parcel .(� _om�-oo Z mk, err oZt8 b Installer's Name,Address,and Tel.No. Designer's Name,Address,and Tel.No. IG - <ulUJitN ENS1Net ���c s`\�- vzwsr Cs�16 yZ -3 y- Type of Building: ,<• Dwelling/%No.of Bedrooms �-{ Lot Size (,Z fttQC 5 sq.ft. Garbage Grinder(Ab) Other Type of Building ' No.of Persons Showers( ) Cafeteria( ) Other Fixtures fI Design Flow(min.required) {°�{d gpd Design flow provided y S S gpd Plan Date_�k►"1J{j- j 1\,7JW 0 Number of sheets Revision Date Title C &6 ti t 3-rip GAt_ C\i Size of Septic Tank Ihv�BC�� SdO Type of S.A.S. Description of Soil c ay e!a, Ink y(CD r oAjrny _72-2 ' ( ► LMCtK ? sy (Pl(e -70"- «t� 2 '5 c(WV Mn) Nature of Repairs or Alterations(Answer when applicable) P-Co(_K-kE A< A of -16 MECT —?MN C K5 la (Ak6t::� 0161 U "U,JS� (�Pa km Ti) ' Date last inspected: Agreement: �a The undersigned agrees to ensure the construction and maintenarfce of the afore described on-site sewage disposal system in tit i l , . accordance with the provisions of Title 5 of the Environmental Code and<not to place the cyst eration until a Certificate-of '. Compliance has been issued by this Boar3 f eH alth. s ._ Signed � Date Application Approved by t'' a ��" Date -'n-lb Application Disapproved by r t Date for the following reasons Permit No. D /Q © 2 Date Issued 2 l0 THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,MASSACHUSETTS Certificate of Compliance / THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed(�)' Repaired(V) Upgraded( ) Abandoned( )by 9-6 6(On T J , �f Jy ti L 10 )4 A V tA, at 91% SEN MIZW N\)E/UC Q5VC&\j Itl(5 has been constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit NoZ®,10'0 24 dated /� 12,910010 , Installer — 6 L.,(�Iz i4 �_\ VE D Designer G y C_L l \/A N #bedrooms Approved design flow `of gpd The issuance o this pe it shall not be construed as a guarantee that the system wil function as designed. Date Inspector V �J Q e_ ' P .. ► ,. ------- No. 2-0/go- 2 Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION'- BARNSTABLE,MASSACHUSETTS Disposal *ps-trm construction permit Permission is hereby granted to Construct(.-I- Repair(v) Upgrade( ) Abandon( ) System located at 5CA UtELJ +°rYEtil,l! D�j� i 1\LI.L and as described in the above Application for Disposal System Construction Permit. The applicant recognized his/her duty to comply with Title 5 and the following local provisions or special conditions. Provided:Cons ction must be completed within three years of the date of this permit. Date /7? °) 2 O to Approved by L!f 1, s Page 1 of 2 Geiler, Tom From: Paul D. Kaneb[paul.kaneb@gewarren.com] Sent: Tuesday, April 21, 2009 9:13 AM To: Geiler, Tom Subject: Fw: SPENLINHAUER Photos from April 20, 2009 (Patriots Day Holiday in MA)at 1800 Hours Importance: High Tom, Jim Crocker left me a telephone message on Friday. I tried to call you yesterday but it was Patriots Day. This email being forwarded to you was sent to me by a neighbor yesterday. It is self-explanatory. I will call you later today. Paul -----Original Message----- From:Alex Tilt To: pawl.._ka.n.eb.@gewarren.,_com Cc: ritzyweld _ aol.com Sent: Monday, April 20, 2009 10:57 PM Subject: SPENLINHAUER Photos from April 20, 2009 (Patriots Day Holiday in MA)at 1800 Hours Paul, Here are some photos of the Spenlinhauer property on April 20, 2009 at 1800 hours. I recognize ALL the vehicles except the two sedans in front of the garage bays #1-2 (my guess is that these are possibly owned by tenants living in the garage?). Please note that there is yet another vehicle parked behind the yellow jeep on the right side of the garage. At the time of this photo, there was only one blue pick up parked in the FRONT drive on Seaview. Also, please note that at 1003 hours on April 20, 2009 a Barnstable police car was seen parked in Spenlinhauer FRONT driveway. The officer was observed standing outside his vehicle talking to a gentleman (I could not see if it was Spenlinhauer). The obvious question is "Was this police presence part of the Spenlinhauer enforcement effort or just a coffee clutch or something else?" Perhaps Barnstable PD would care to check their police log? Based on these photos, my guess is that you can take all the night time photographs you want, but you will observe the same core group of vehicles. Inside the garage, I would guess that Spenlinhauer keeps his Rolls Royce and the Porsche. Not sure what the third garaged vehicle is? Perhaps you and the Bayberry Lane residents can shed some further light. By my count on 4/20/2009 at 1800 Hours: 2 RVs 4/21/2009 I, Page 1 of 1 O'Connell, Timothy From: Anna Brigham [abrigham@n utter.com] Sent: Monday, October 08, 2007 1:00 PM To: tim.o'connell@town.barnstable.ma.us Subject: Spinlenhauer Tim, Tom Geiler suggested that I meet with you to discuss the Spinlenhauer matter. I work for Pat Butler, N utter,McClennen &Fish, and we represent the abutters. I would like to come in to speak with you Tuesday morning around 9AM if you're available. Thanks very much, Anna Brigham i 10/9/2007 r . Ic OL 4 5 - lam--- �a Zr'�u,6lir, �'^"'► G� `tT vim° N ;tl;; ff'= Sir b-b CAI, kkv"� 6� b ' I 3 Copies 4' . e�,. / G* JJ, E'' PAUL -M KANEB - 1 165 BAYBERRY WAY f t� OSTERVILLE, MA 02655-2437 i 1 December 1, 2008 Mr. John C. Klimm Town Manager Town of Barnstable 367 Main Street Hyannis, MA 026o1 a ' o Dear Mr. Klimm, N rQ rr At 2:ooPM on Tuesday, December 16 2008, at,long last and after much delay there will flnallU be a Hearing regarding Civil Docket No. 0 7-499 (Robert J. Spenlinhauer, Plaintiff vs. Town of Barnstable, Defendant) in Barnstable Superior Court. Mr. Spenlinhauer is contesting the applicability of Town of Barnstable Ordinance Chapter 59: COMPREHENSIVE OCCUPANCY with respect to his property located at 828 Sea View Avenue (northwest corner of Bayberry Way and Sea View Avenue). As you will remember at the 11th hour, the Plaintiff requested and received from the court an extension of the scheduled hearing date Of July 17, 2008 to this new date based on the need for new legal counsel, Peabody & Arnold LLP in Boston, to get up to speed after the Plaintiff dismissed his local legal counsel, the Law Offices of Albert J. Schulz in Osterville. I live on Bayberry Way. On July 9, 2008, I wrote you stating that it is of the utmost importance that ............ (1) the Town prevail in this matter, (2) the possibility of any appeal is precluded and (3) the Town Ordinance is immediatelU enforced. It remains of the utmost importance not only to me but to many of my neighbors on Bayberry Way, a good portion of Sea View Avenue and a considerable number of other Osterville residents. On July 15, 2008, our attorney, Patrick M. Butler of Nutter McClennen & Fish LLP, and neighbors Richard T. Colman, Rodney Corson, Harry A. Davenport and I met with Ruth J. Weil, Town Attorney, and T. David Houghton, First Assistant Town Attorney. We were assured by Ms. Weil and Mr. Houghton that the Town's position on this matter is extremely strong and should be upheld in court. tir Mr. John C. Klimm December 1, 2oo8 Page 2 I trust that the Town will prevail decidedly at this Hearing and we will get relief after several years of Mr. Spenlinhauer's egregious violation of this Town Ordinance. Our neighborhood cannot afford to lose this Hearing and certainly the Town cannot afford to lose this Hearing with all its townwide applicability. Very truly yours, cc: Ruth J.Weil, Esq. James H. Crocker Town Attorney Town Councilor- Osterville Town of Barnstable Wianno Realty 367 Main Street 68 Wianno Avenue Hyannis, MA 026oi Osterville, MA 02655 T. David Houghton, Esq. Thomas A. McKean First Assistant Town Attorney Director Public Health Division Town of Barnstable Town of Barnstable 367 Main Street 200 Main Street Hyannis, MA 026oi Hyannis, MA 026oi Thomas F. Geiler Thomas Perry Director of Regulatory Services Director- Building Division Town of Barnstable Town of Barnstable 200 Main Street 200 Main Street Hyannis, MA 026oi Hyannis, MA o26oi Wayne A. Miller, M.D. Jeffrey Rudziak Chairman of the Board of Health Director of Assessing 2231 Meetinghouse Way Town of Barnstable West Barnstable, MA 02668 367 Main Street Hyannis, MA 026o1 Health Master Detail Page 1 of 1 'T I Go- a F-` ?as: £o�y:�:�i«�,�,. <: Health � sl-e Isda ``P 'Detail J A DDOCat o,n C=z11ter Parcel Lookup .SeIect o:n Items . Parcel Septic Perc Well iel "fan �( Parcel: 114-001-002 Location:.828 SEA VIEW AVENUE, ® TE VILLE Owner: SPENLINHAUER, RO E 2T 3 TF Septic 1, 1/311200 New e tsc.,. Permit number: 12006037 Permit type New Construction Comple Issue date : 1/31/2006 Complete date . 9/19/2008 i .. .. ... , _..w Septic tank size: 1500 Type/Size of SAS: (4)500 G CHAMBERS 44'X 12 83'X: Installer Kennedy, Tom Cape Golf Construction - C<' _ _.._ ...... I/A service type Select service Innovative/Alternative Technology type. Select IA type ' Variance date Abandon complete date : _ Abandon perm Repair deadline date : Repair notification date _.. Comments: :TAG #326. 1 BED OVER GARAGE. 5 BED SEPTIC DESIGN FOR D FUTURE USE ,e I New Inspection . _ __..__.... ... u. _ .,... __._.. ............. ._...._.... _ _._._.. Number Date Inspector Select Inspector � '; _ _ .._.. . ._.. ... ........ Comments: 3 ' Save Septic Changes Return to Lookup , http://issql/Intranet/healthMaster/HealthMasterDetail.aspx?ID=114001002 4/16/2009 LAW OFFICES OF ALBEIT J.,�,.SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD ALBERT J. SCHULZ OSTERVILLE, MASSACHUSETTS 02655-2034 MICHAEL F. SCHULZ aschulz@schulzlawoffices.com TELEPHONE(508)428-0950 mschulz@schulzlawoffices.com FACSIMILE(508)420-1536 r� October 15, 2007 Thomas McKean, Director Public Health Division 200 Main Street Hyannis, MA 02601 Tom Perry, Building Commissioner Town of Barnstable 200 Main Street �_- Hyannis, MA 02601 c rZ RE: 828 Sea View Avenue, Osterville, MA r N) Gentlemen: r- I am writing on behalf of my client, Robert J. Spenlinhauer, in response to a letter written by Patrick Butler regarding 828 Sea View Avenue, Osterville,Massachusetts. Unfortunately, Mr. Butler's letter omits some pertinent information and fails to disclose the fact that his clients lack standing to offer testimony at any Magistrate or Superior Court hearing. As an initial matter, the Town of Barnstable is already doing an effective job enforcing its general ordinances, which includes Chapter 59. On July 17, 2007 Mr. Butler's clients attended the Board of Health hearing regarding 828 Sea View Avenue and voiced their opinion. At the conclusion of the hearing the Board of Health decided to issue a Notice of Violation of Chapter 59.. Shortly after receipt of the Notice of Violation, my client filed a lawsuit in Superior Court and obtained a preliminary injunction enjoining the Town of Barnstable, its agents, servants, attorneys and deputies from issuing any further fines upon 828 Sea View Avenue during the pendency of the Superior Court case. In`an agreement with the Town Attorney's Office, my client agreed to lift the preliminary injunction in name, but allowing it to remain fully effective in substance. Since this matter is in litigation and subject to an agreement during the course of litigation, Mr. Butler's comments as to the activities and violations at 828 Sea View Avenue are pointless. Additionally, Mr. Butler's clients are not"persons aggrieved" in this matter and therefore would lack the required standing by a court or tribunal. To be a person aggrieved one must be able to demonstrate, not merely speculate, as to the existence of an infringement of a legal right. See Marashlian v. Zoning Board of Appeals of Newburyport, 421 Mass. 719, 721 (1996). Here, Mr. Butler's clients can point to absolutely no infringement of a legal right. Without being able to point to an infringement of a legal right, they have no standing. I would hope the Town continues to keep this matter one of legal substance. As always, do not hesitate to contact me should you have any questions. Very Truly Yours, ichael F. Sc ulz 4 MFS:jt cc: Thomas F. Geiler, Director of Regulatory Services T. David Houghton, Town Attorney's Office Patrick M. Butler, Esq. i 2 r Town of Barnstable Page 1 of 2 yo ( 0 Board of Health 11ARINTAst:6 I 200 Main Street,Hyannis MA 02601 y MA&K f D MA Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul J.Canniff,D.M.D. Junichi Sawayanagi BOARD OF HEALTH MEETING AGENDA Tuesday, July 17, 2007 at 3:00 PM Town Hall, Selectmen's Conference Room 367 Main Street, Hyannis, MA I. Public Hearing: Proposed Regulation — Repair of Failed Septic System. II. Hearings — Housing (New): A. Nancy Jean and Michael Faria, 800 Bearse's Way, Unit 2WA, Hyannis - housing violation(s). B. Ronald Bourgeois, owner of rental at 94C Sea Street, Hyannis - no oven provided. C. Donna and Jeff Weber, owners, 118 Scudder Avenue, Hyannis—owner requesting extension of deadline — no railings provided on deck. D. Fornanda McCarthy and Marlci Macedo, 11 Alicia Road, Hyannis—owner requesting hearing — removal of two bedrooms in basement. III. Continued Items from Previous Meeting: A. John Hopkins, representing Kathleen Pouse, 22 Marion Way, Osterville, status of housing compliance (continued from Apr 2007 BOH meeting). B. Charles Sabatt, Attorney, representing Hyannis Public Library, update on status of underground fuel storage tank (continued from Mar 2007 BOH meeting). C. David Dumont, Island Merchant, 302 Main Street, Hyannis—food establishment with grease 'trap variance, update to Board on three months tests wastewater entering and exiting grease recovery device (continued from Feb 2007 BOH meeting). D. Continued to Aug 21, 2007 Meeting: Catherine Morey, Coastal Engineering Company, representing Silvia & Silvia, 116 Scudder Avenue, Barnstable, 1.3 acre lot - Proposed house addition, five variances (continued from Jun meeting). IV. Hearing - Housing (New): Michael Schulz representing Robert Spenlinhauer, 828 Sea View Avenue, Osterville — requested hearing regarding housing-parking. r Nutter Patrick M. Butler Direct Line: 508-790-5407 Fax: 508-771-8679 E-mail: pbutler@nutter.com October 3, 2007 108175-1 Tom Perry, Building Commissioner By Hand , Town of Barnstable ', 200 Main Street Hyannis, MA 02601 !i Charles McLaughlin, Assistant Town Counsel By Hand ; Town of Barnstable ` 367 Main Street Hyannis, MA 02601 Thomas McKean, Director By Hand Public Health Division 200 Main Street Hyannis MA 02601 I Re: 828 Sea View Avenue, Osterville, Massachusetts Gentlemen: I am writing on behalf of my clients, Mr. Paul D. Kaneb and eight other neighborhood residents, with reference to the present and ongoing violation of the Town of Barnstable Zoning Ordinance occurring at 828 Sea View Avenue, Osterville, Massachusetts (the "Property"). These property owners have retained this firm to provide legal counsel relating to activities and violations associated with the above property. On June 27, 2007, the Board of Health ("Board ") issued a Notice to Abate Violations to the Property's record owner, Robert Spenlinhauer, citing a violation of Section 59-3(B) of the Barnstable Ordinances on the basis of direct observations and complaints concerning the number of ungaraged vehicles parked overnight on the Property. Chapter 59 provides in relevant part: "The maximum number of motor vehicles that are permitted to be parked overnight, other than in a building, at any residential dwelling shall be equal to two motor vehicles for the first bedroom in a residential dwelling and one motor vehicle per bedroom thereafter." Ordinance § 59-3(B) (emphasis supplied). The term residential dwelling is explicitly defined as "[a] single unit providing complete independent living facilities for one or more persons, including provisions for living, sleeping, eating, NUTTER McCLENNEN & FISH LLP • ATTORNEYS AT LAW 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630• 508-790-5400• Fax: 508-771-8079 www.nutter.com Tom Perry, Building Commissioner Charles McLaughlin, Assistant Town Attorney Thomas McKean, Director, Board of Health October 3, 2007 Page 2 cooking and sanitation." Ordinance § 59-2. In response to the Notice to Abate Violations, Mr. Spenlinhauer submitted a letter through his attorney, contesting the validity of the Board's efforts to exercise its enforcement authority and arguing that Chapter 59 does not apply to his use of the Property. We respectfully disagree. The Property, shown as parcel 001-002 on the Town of Barnstable Assessor's Map 11.4, is improved with a two-bedroom residential dwelling and a garage. Under-the-plain language of Section 59-3(B), of the Town-of Barnstable Zoning Ordinance, no more than three (3) ungaraged vehicles may be parked on the Property overnight. According to observations and complaints from abutting property owners, as many as six, and on occasion even greater numbers of vehicles, have been parked outdoors on the Property overnight. The language of the Ordinance § 59-3(B) is clear and unambiguous on its face. As such, it must be enforced according to the plain meaning of its terms, construed in their ordinary and usual sense. Framingham Clinic v. Zoning Bd. of Appeals of Framingham, 382 Mass. 283, 290 (1981) ("Where the language of a statute is plain, there is no room for speculation as to its meaning or its implication."). As a matter of well settled law, absent some ambiguity in the relevant provision of the Ordinance, the legislative history of its enactment has no weight or bearing on its application or interpretation. The persons responsible for drafting and approving Chapter 59-3(B) "must be presumed to have meant what the words plainly say . . .". Id. In summary, Section 59-3(B) clearly applies to the Property and is violated any time more than three vehicles are left parked overnight, ungaraged, thereon. Please feel free to contact me should you have any further questions or concerns regarding this matter. We understand that citations have been issued for the foregoing violation and that a Magistrate's hearing is scheduled in the Barnstable District Court on October 1lth. Please'be advised it is our intention to request permission to attend that hearing to insure the neighbors' observations and complaints are fully understood. Tom Perry, Building Commissioner Charles McLaughlin, Assistant Town Attorney Thomas McKean, Director, Board of Health October 3, 2007 Page 3 Please contact me if you have any questions. Sincerely yours, r-c M. Butler PMB:ds cc: Albert J. Schulz, Esq. Thomas F. Geiler, Director of Regulatory Services 1661741.1 PAUL D. KANEB 165 BAYBERRY WAY OSTERVILLE, MA 02655-2437 DELIVERED BY HAND July 9, 20o8 r� Mr. John C. Klimm Town Manager �= E Town of Barnstable o 367 Main Street % Hyannis, MA 026oi r w rr cup M Dear Mr. Klimm, Next week at 2:ooPM on Thursday, July 17, 2008, there-will be a Hearing regarding Civil Docket No. 07-499 (Robert J. Spenlinhauer, Plaintiff vs. Town of Barnstable, Defendant) . in. Barnstable Superior .Court. . Mr. Spenlinhauer is contesting the applicability'. of Town of - Barnstable Ordinance Chapter 59: COMPREHENSIVE.OCCUPANCY with respect to his property located at 828 Sea View Avenue, (northwest corner of Bayberry Way and Sea View Avenue). er ✓'l I live on Bayberry Way. It is of the utmost importance that ............ (1) the Town prevail in this matter, (2) the possibility of any appeal is precluded and (3) the Town 1 Ordinance is immediatelu enforced. Unfortunately on September 14, 2007, Mr. Spenlinhauer obtained an injunction by default against the Town preventing any further criminal_ enforcement of the Ordinance by the Town pending the decision of this upcoming Hearing. I as well as many of my neighbors on Bayberry Way including a good portion of Sea View Avenue are keenly interested in seeing the Town prevail. The blatant continuing violation of the Ordinance as to the number -of overnight occupants and vehicles (to say nothing of the overall appearance of the Spenlinhauer property vis-a-vis the rest of the neighborhood) is appalling. This situation has existed for several years without any improvement. Our neighborhood cannot afford .to lose this Hearing and certainly the Town of Barnstable cannot afford to lose this.Hearing with all its townwide applicability. Additionally; the "degradation of .the. neighborhood caused by Mr. Spenlinhauer's blight, if leis unchecked, will result in the diminution of property values followed by the reduction of assessed values along with the lowering of property tax revenue from this part of Town. f _ t ' Mr. John Klimm July 9, 2oo8 Page 2 Courts generally uphold municipal rules, regulations, laws and ordinances. Notwithstanding that general bias, I trust that David Houghton and the Town's entire legal department will receive all the support necessary from your office as well as all those copied below. Attorney, Patrick M. Butler of Nutter McClennen & Fish LLP, who represents many in our neighborhood anticipates having a meeting for me, another neighbor and him with David Houghton this coming Tuesday, July 15f. Very truly yours, cc: Thomas F. Geiler Director of Regulatory Services Town of Barnstable 200 Main Street Hyannis, MA 026oi Wayne A. Miller,M.D. Chairman of the Board of Health 2231 Meetinghouse Way West Barnstable,MA 02668 4 James H. Crocker Town Councilor-Osterville Wianno Realty 68 Wianno Avenue Osterville,MA 02655/ Thomas A. McKean V Director-Public Health Division Town of Barnstable 200 Main Street Hyannis,MA 026o1 Thomas Perry Director- Building Division Town of Barnstable 200 Main Street Hyannis,MA 026oi Jeffrey Rudziak Director of Assessing Town of Barnstable 367 Main Street Hyannis, MA 026oi Tom Perry, Building Commissioner Charles McLaughlin, Assistant Town Attorney Thomas McKean, Director, Board of Health October 3, 2007 Page 3 Please contact me if you have any questions. Sincerely yours, atric�M. Butler PMB:ds cc: Albert J. Schulz, Esq. Thomas F. Geiler, Director of Regulatory Services 1661741.1 4 Certified Mail#7003 1680 0004 5458 4678 �jrati Town of Barnstable Regulatory Services • BARNSTABLE, 9� 6 9 `erg Thomas F. Geiler, Director prfbM. Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Zia v — g A °�-5 June 27, 2007 Robert Spenlinhauer I G, 828 Sea View Avenue Osterville, MA 02655 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II- MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 828 Sea View Avenue Osterville, was inspected on June 14, 2007 by Timothy O'Connell, Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received by the Town of Barnstable Health Department. The following violations of the Town of Barnstable Code were observed: 09_3(B)-Maximum Number of Occupants, maximum number of motor vehicles. Observed six cars in driveway. The town has also have received complaints that vehicles are parked overnight. You are directed to correct the violations listed above within fourteen (14) days of your receipt of this notice by ensuring that only three (3) cars are parked in driveway overnight. See attached ordinance Chapter 59-Comprehensive Occupancy. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. QAOrder letters\Housing violations\828 Sea View Avenue.doc UNITED STATE'4bm 1 44'1k -1c,21'a Sender: Please print•your name, address, and ZIP+4 in this box• I Town of.Barnstable Gil Health Division 200 Main Street Hyannis,MA 02601 / I illy.t!}�!�'.i[4F�9}Flt!!it!�F!liSitlil!ftiFi!ii;ftF�lt3lElt�}j . COMPLETE ■ Complete items 1,2,and 3.Also complete A. 9� u item 4 if Restricted Delivery is desired. t 11 Print your name and address on the reverse X � ddrer,,e so that we,can return the card to you. B. c P Narrral� C. f Delivery ■ Attach this card to the back of the mailpiece, ��J/��(( or on the front if space permits. D. delivery address different from item 1? es 1. Article`Addressed to: If YES,enter delivery address below: ❑No 3. Service Type c', ®Certified Mail ❑Express Mail ❑Registered 0 Retum Receipt for Merdhandise ❑Insured Mall ❑C.O.D. 4. Restricted.Delivery?(Extra E ►--- —) ❑Yes 2..Article Number ,7p03 16.801 000 , 5458 4678 l (Transfer from service/abeq ��l . PS Form 3811;February 2004 Domestic Return Receipt 102595-02'M-1540 Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF HE BOARD OF HEALTH omas McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Timothy O'Connell, Health Inspector Enc. QAOrder letters\Housing violations\828 Sea View Avenue.doc Health Master Detail Page 1 of 1 R , 04 Ma I...cr1ced In Psi IOIW \cconn-YEr !t�n t 1 h Master e .a i3 i ,rs-d,3 , Air Aoplication Center Parcel ;.00l<jp Selection itc-ns Parcel Septic wall E °€�s a Ta k Parcel: 114-001-002 Location: 828 SEA VIEW AVENUE, ® TERVILLE Owner: SPENLINNA>; ER, ROBERT J TI Septic 1, 1/31/2006 1 New Septic... Permit number 2006037 Permit type � Complee Issue date 1/31/2006 Complete date : 9/19/2008 . ., 2 Septic tank size: 11500 Type/Size of.SAS: .(4) 500 G CHAMBERS 44'X 12 83'X: Installer: Kennedy, Tom , Cape Golf Construction Ci I/A service type: Selec sery t ice Innovative/Alternative Technology type: [elect IA type Variance date : _ -' Abandon complete date : Abandon perm Repair deadline date : Repair_notification date l � Comments: 1TAG #326. 1. BED OVER GARAGE. 5 BED SEPTIC DESIGN FOR � - b FUTURE USE i New Inspection Number Date Inspector 0 ' Select Inspector DWI ..... _......... _....._ .. ___.. Comments: ... Saue Septic Changes - Return to Lookup" http://issgl/Intranet/healthMaster/HealthMasterDetail.aspx?ID=l 14001002 4/16/2009 �f Ms NnmalaFE .•to •1Yx-g, ate u [x Xt I� k ,rxpywxp�. ;4000 Massachusetts Ave NW Apt 1430 i 1 Wasfnngton,DC WO16 4. Via_E B ..•2 04Y,".:i PM T j USA 41 i t,�C�.�� � �tom- , ��1• � - j Z lolfl R" r � � ICI } 1 }} ljli 3))� fi� i� )� )i t�i� ltflti �; � i f) �3l /� Ai: - _. .1 ftypFE�I{9 QZ a � y� � � �a ls° BAR 76010 NAME 0 F D Li TOWN OF ADDR S 0.0 N • •�.;,. BARNSTABLE CITY,sTAT . ' -� A f DAT F BATH OF FENDER u M dF� MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION-NUMBER i� OFFENS n.r t � ` NAN\�TAe1F.. 17 � g! NASS MKt0 SIM, . ' otg' � t ' �r W TIME AND 0 TE OF VIO TI AT•1F,F LAIN 'F w� Z NOTICE OF r, p' .M P.M.)oN t ,20 ,Y Q VIOLATION SI T EOFlow 'gENFORCIN PERs h � R DEPT. B co /.!f t CD IF OF TOWN H REBY ACKNOW EDGE REC91IPT OF CITATION1 a ORDINANCE Unable to obtain si n ture often er. '..,�. •-+ THE NONCRIMINAL FINE FOR THIS OFFENSE IS i Date mailed w OR YOU HAVE THE FOLLOWING ALTERNATIVES 4ITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL Cl- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Lu REGULATION a (1)You may elect to pay the above fine,either by appearing in person between 8:30 A,M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, yj before:The Barnstable Clerk 200 Main Street,Hyannis,MA 02601,or mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, J Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYriminal S OF THE ggDATE OFyTHIS,NOTICE. a ST BARNSTABLE DIV SIGN COURT matter COMPOUND,MAINrSTRER,,BAFINSTABo so E,MA 0263g0 A en21 D Nononminal H ariCT ngs and enclose a URT py of this t citation for a hearing. ' (3)If you fail to pay the above offense or to request a hearing within 21 days,or R you fail to appear for the haring or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature P31, 0 41 _ It ` firAl low r Ee MF r itlt�: Aw _ ► ) Li ii_ ta01�C7Y_c;p�_ i a.sl.L _ .fd`.� IIM����roww: as I:. .A Z, �wrrwrr fr r .a d � � a k ,.w 06/27/2009 - - V.i 4 - y t .. � 06 f 27/2009 r INA . AMM93W ,i sow �� r _ . 1 ..2' _ A - f_c "• +' � Wirt,ts�, G r u �A. P v n W(SIIM'. B Off t�i.y . Town .of Barnstablef Barnstable _ Board of Health , mac r F1 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi August 31, 2007 Michael F. Schulz 7 Parker Road Osterville, MA 02655-2034 Dear Mr. Schulz, On July 17, 2007, during a hearing held by the Board of Health, the Board voted to uphold the order from Thomas McKean, Director of Public Health to your client,'Robert Spenlinhauer, owner of property located at 828 Seaview Avenue. The'order was dated June 27, 2007 directing your client to ensure that no more than three (3) vehicles are parked on his property overnight. You testified that this is a single family dwelling which is not an overcrowded rental property; therefore the Town Code regarding the maximum number of vehicles allowable should not apply to this location. The Board members also suggested seeking interpretation and legal advice of the Town's Legal Department. Subsequent to that meeting, Mr. McKean sought interpretation and legal advice and was later informed by the Legal Department that the Town Code does apply. In addition, during the hearing, the Board ordered the Health Agent to issue a$100.00 non- criminal ticket citation to your client,Robert Spenlinhauer, due to his failure to comply with the order. HISTORY The located at 828 Sea View Avenue Osterville, owned by Robert Spenlinhauer, was inspected on June 14, 2007 by Timothy O'Connell, Health Inspector for the Town of Barnstable. This inspection was conducted due to a complaint received. The following violations of the Town of Barnstable Code were observed: 59-3 B — Maximums Number of Occupants, maximum number of motor vehicles. Observed six cars in driveway. The Town has also have received complaints that vehicles are parked overnight. You are again directed to correct the.violation of Section 95-3(B) of the Town of Barnstable Code by nsuring that no more than three (3) vehicles are parked at this property overnight. PE ER O BOARD OF HEALTH \ Wa . e filler, D.; Chairman Q:\WPFIL S\Schultz828SeaviewAveBOHDecision2W7.doc rjt*9f 2007 11:62 5084201536 _ ALBERT J SCHULZ EP PAGE. 01103 LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE: (509) 425-0950 FACSIMILE: (508) 420-1536 FACSIMILE COVER SHEET DATE: August 29, 2007 TO: Tom McKean cc: FAX NO.: (506) 790-6304 FROM— Michael F. Schulz, Esq. FILE IWI', NO. OF PAGES (including this cover sheet): 3 RE: 626 Sea View Avenue, Osterville CONFIDENTIALITY NOTICE: The information contained in this facsimile message and any attachment is confidential information intended for the individual to whom it is addressed. If you are not the intended recipient, you are hereby notified that the disclosure, dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us via the LIZ. Mail. `hank you. r F 0&9/20137 11: 52 5084201536 ALBERT J SCHULZ EP PAGE: 02/03 LAW OFFICES OF ALF ERT J. SCHULZ WILLI:A_M CIIARLES PLACF_' 7 PARK1-_R ROAD !s .E7 i3r�,SCHULZOSTEMVILLF_, M.,\SSACHUSETTS 02655-2034 MICHAL•L F.SC Ur-z as1i z acinuh�ciu»;'ficea.com mKhulz(m9chuWavmfGcc%.com T1iL.T?FI{ONF.,(r,,py)h28.0050 r4CSYMILE(508)-$20-.L50(3 August 29, 2007 7'hc»i�as A, McKean Director of Public Health Town of Barnstable 200 Main Street I-iya.n.nis, Mtn 02601 HE: 828 SeaviewAvenue, O5ter°ville, MA N) t. O9dF'firle. 22017 ci, Dear Mr_ McKean: — _y CU cn r Attached please find a copy of the Preliminary Injunction that was issued by he Superior M Court enjoining the Town of Barnstable from issuing :Further fines on the above refer .need property during the pendency of the action. I will send a copy of the same via certified mail for your records. As always, please do not hesitate to contact me should you.have any questions. Very Tnlly Yours, ehael ''a Schulz MF'S/cvp 111 29/2007 11:52 5084201536 ALBERT J SCHULZ EP PAGE 03/03 Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET# BACV2007-004I19 RE: Robert J. Spenlinhauer,Trustee of C.C. Canal Realty Trust v Town of Barnstable TOWIchael F Schulz, Esquire Law Offices of Albert J Schulz 7 Parker Road Osterville, MA 02655 PRELIMINARY INJUNCTION This action came on to be heard before the Court upon the return of an Order of Notice: to show cause why the application for a preliminary injunction should not be granted, and lx,as argued by counsel; and upon consideration thereof, It is ORDERED and ADJUDGED that upon payment to the clerk of the sum of $90.00, the application under the prayers of the complaint is hereby granted; and the defendant, Town of Barnstable its agents, servants, attorneys and deputies are ENJOINED AND RESTRAINED from issuing any further fines upon the property located at 828 Sea View Avenue, Barnstable (Osterville), Barnstable County, Massachusetts, during the pendency of this action or until further order of the Court. Bated at Barnstable, Massachusetts this 23rd day of August, 2007. Christo her J. Muse Jusi:in.e 01 BY. .................. .._...... -� erk-Magistrate Telephone: (508) 375-6684 A true copy, Attest'. Clefk r Citizen Web Request Page 1 of 3 77,77 .. 0. � lN 4f P # g p aw F end W-xX �%,.,..fir....,...,.... ..�, .v.��,.a.x.-.,.. ...w...« .. -_ ... ... _ .._. .. .0 ... f<erl Cs As: Citiz n Request Management c;=tiw;}; ,3c,. .T ,,yr•.;,i �, _ ,,_, aiu.+t:�<C::.i5_.;'S search .c,.•.,c:.__7;.._ �C-?c:a te? r JUE::yt:; Request Information Request ID: 21251 Created: 8/27/2007 11:45:40 AM Status: Assigned To Staff Assigned To: O'Connell, Timothy Health Office Anonymous: No Request Category: Chapter 170 : Housing Overcrowding edit Estimated 8/29/2007 Change Estimated Jul August 2007 Sew Completion Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 .__.__.._.__.._...._.....___.._.._....._...._...... Created By: Wadlington, Ellen Priority: Medium edit Health Office Citation Numbers: edit Req uestor Information Requestor Osterville, Ma 02655 � I • _... _ _ _. I Request Parcel Number Friday, August 24, 2007 - Map: 1114_..: Block: 001 Lot: 002 vehicles andRVs at the above Parcel._Loo.wp [address. He staes people areliving in the RVs and too many vehicles. He knows that a ticket has been issued approximately three (3) weeks ago. http://issgl2/lntemalWRS/WRequest.aspx?ID=21251 8/27/2007 Citizen Web Request Page 2 of 3 He wants more expedient ..................--....-- .............. enforcement. Email: Edit Req _Information. Track Request Progress .. .... _.. ........ Request Work History: Internal Note History: System entry on 8/27/2007 11:45:40 AM: I Assigned to O'Connell,Timothy Enter work progress: I Enter internal note: (Viewed by everybody) (Viewed internally only) L� - 44 � f K.14 vp 1 t 1 ��Spell Cheek '` �Spel `& Add document or image link: Browse You can also type in a folder name to see everything in the folder Current Links: Time worked on request Response time: " Time entries are in hours, Exarnples of Time entries: 1,25, 0,5 ,75, 1, 5, 0. 5, 0,1.E Response time. Measured from the creation clan:to your first:actions can the request, Cho not include nigh t , oleekends, and holidays in r, s ronse time for in c�lepartnr{%nts. Save Changes Check to notify town employee below ' to review this request. C;-Save changes and notify Health Office citizen* Agostinelli, Joan _ . http://issgl2/lntemalWRS/WRequest.aspx?ID=21251 8/27/2007 APPLICATION NO. lax NOTICE TO COMPLAINANT 0725 AC 003796 Trial Court of Massachusetts OF�CLERK'S HEARIN77—G District Court Department DATE OF APPLICATION y DATE OF OFFENSE CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 8/24/07 8/02/07 BAR67369 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, 7 BARNSTABLE BARNSTABLE POLICE DEPT. BARN E 02630-0427 NAME AND ADDRESS OF DEFENDANT ) 3 — 00 RCBERT J SPENLINHAUER E OF HEARING 828 SEAVIEW AVENUE 1/1 0/0 8 MOVIE PLAINANT AT OSTERVILLE MA 02655 CO RST T ON TIME OF HEARING THIS DATE AND 2 : OO .PM SCHEDULED EVENT CLERK'S L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT MORSE, DETECTIVE RICHARD S. FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the.court. If you fail without good cause to appear at the hearing, the application will be dismissed. DATE ISSUED CLERK-MAGISTRATE _ a 10/09/07 ATENC16N: ESTE ES UN AVISO OFICIAL DE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUCCI6N. ATTENTION:CE9I EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION, ATTENZIONE: IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENCAO: ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SAGE LER INGLES,OBTENHA UMA TRADU¢A0. LUU•Y: DAY LA THONG BAO CHINH THUC CUA TOA-AN,NEU BAN KHONG DOC DU,OC TiENG ANH,HAY TIM NGUOI OICH Ha, NP 21-1- Ong 4N?i CH2 10/09/07 10:46 AM m h To: Public Health Division Town of Barnstable s From: Concerned and Affected Residents of Bayberry Way and Sea _ View Avenue, Osterville (names, addresses and signatures below) CY Date: Thursday, July 12, 200'] ry As requested, we, the undersigned, are furnishing you our obsery lions with respect to the property located at 828 Sea 'View, Avenue, Osterville owned by Robert J. Spenlinhauer. We believe that there have been and there are continuing violations of the Town of Barnstable Ordinance Chapter 59: COMPREHENSIVE OCCUPANCY as well as numerous other violations of the Town's residential ordinances, laws, rules and regulations. Specifically, we have noticed as many as fifteen (15) motor vehicles parked on the property overnight on a regular basis over an extended period of time. Our understanding of Ordinance Chapter 59 is that, based -on the number of legally habitable bedrooms which is two (2) in.that dwelling, no more than three (3) motor vehicles are permitted to be parked on the property overnight. Also, based on the above, it is our understanding that maximum number of occupants for that two (2)bedroom dwelling, excluding children under the age of 22, is four(4). Signed Printed Name and Address �ltfV6.vPoR: -1- SigLaed Printed Name and Address pp i Vi /GEB®.P r�o .�fi R�CE'rVy i -2- s Si ed Printed Name and Address �\n N`( <a QTcp,) W ro v\ %uj i�v6z �- C- P��tiy Otizen Web Request Page 1 of 5 M. 44 s x a r t..og WOo,E~C�s: Citizen questManagement ae*:ray, '_;€ tac T�.)tir'�l'.�7i'C7CiT"tE=.il' R..Uiite to Users s Sea,rd; Rec L)r'$S 'alve.,,-te Re ques`s Request Information Request ID: 21030 Created: 6/11/2007 9:38:35 AM Status: Assigned To Staff Assigned To: O'Connell, Timothy Health Office Anonymous: No Request Category: Chapter 170 : Housing Overcrowding edit Estimated 9/7/2007 Change Estimated qug September 2007 Oct Completion - Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 118 19 20 121122 23 24 25 26 27 28 29 30 1 2 3 4 5 6 Created By: Barry, Lois Priority: Medium edit Building Dept Citation Numbers: BAR67369 edit Requester Information Requestor Request Parcel Number Caller questioned apartment Map: 114 Block: 001 ,Lot: F9 above garage. Permit 90246, issued 2/06, was to finish above garage, no Pa_rcelLookup kitchen. I don't see any inspections. Caller thinks there is an apartment there, said there are between 5-10- 1 15 vehicles on the property. Also said http://issgl2/intemalwrs/WRequest.aspx?ID=21030 10/2/2007 r Citizen Web Request Page 2 of 5 there are 1-2 motor homes on the property that may be lived in. Email: Edit Re uestor Information Track Request Progress Request Work History: ; Internal Note History: i Entered on 6/15/2007 8:14:09 AM i System entry on 6/11/2007 9:38:35 AM: by O'Connell,Timothy 1 Last modified on 6/15/2007 8:15:36 AM 3 Related__Request_21028 On 6-14-07 at 11:OOam I went to said System entry on 6/11/2007 12:42 11 PM property and met with owner. He showed me the new garage area which is not finished ; Assigned to O'Connell,Timothy above garage.There were some signs that . -�— people are hanging around in this area but no s Entered on 6/20/2007 11:53:11 AM evidence of sleepin or living in this space. 1 by Barrett, Caitlin Permit #12006-037as been pulled but yet to E be installed. There;was also two campers on did not see any signs of people living in them. I Although the owner said he "hangs out in the g g System entry on 7/11/2007 9:15:20 AM: newer mobile home, but does not sleep there. There were about 6 cars in driveway. I will f -Please Review- email sent to Palkoski, send out order letter to inform owner that only Christine i 3 cars are allowed to be parked at this property that are not within a building. I System entry on-8/3/2007 2:05:23 PM: update delete i Estimated completion changed from i 6/13/2007 to 9/7/2007 Entered on 6/27/2007 2:01:12 PM by O'Connell,Timothy I Entered on 9/21/2007 1:29:21 PM by Health On 6-27-07 sent out order letter and copy of Chap. #59 which explains how many cars Entered on 7/11/2007 9 14:58 AM by O'Connell,Timothy Last modified on 10/2/2007 3:46:34 PM On 7-11-07 at 9:O0am Mr. Kaneb called and is quiet concerned with above property. I told him that an order letter has been sent out. I I also told him that owner of said property wanted to be heard before the BOH. Although TM has said the BOH can not grant any type of http://issgl2/intemalwrs/WRequest.aspx?ID=21030 10/2/2007 Citizen Web Request Page 3 of 5 variance for a town ordinance. I will re-visit site today and try to talk with owner to get him to comply. Furthermore, Mr Kaneb said he is going to put together a petition from other neighbors. On 7-17-07 BOH heard both sides I of the story. Mr Kaneb and Mr Spenlinhauer. BOH found Mr Spenlinhauer responsible for too many cars at property. i update delete 1 i Entered on 8/3/2007 2 05:11 PM b O'Connell Timothy Y 3 I j On 8-3-07 TO issued a ticket to Robert I Spenlinhauer for violation of section 59-3 (b) of the Town of Barnstable code. I was told to write ticket by TM after confirmation of to many vehicles on property by DID who visited site on 8-2-07 @ approximately 6:00pm. update delete Entered on 8/28/2007 3:04:27 PM by O'Connell,Timothy Last modified on 8/28/2007 3:16:29 PM 1 I I i On 8-24-07 TO talked with TG. Mr. Geiler informed me not to write another ticket if citation # 67369 is going to be contested. He stated if this is the case then a judge or the court system will decide the out come. He also j said if the ticket has been paid, to then issue another ticket if the violation is still occurring. I have also received (3) more complaints during the week of 8/27-8/31 concerning the same ! matter' s at said property. The complaint number' s are 21251,21252,21256. I will close all those and enter all information into this complaint. j update delete I I Entered on 8/30/2007 9:29:13 AM by Fontaine, Tina i I concerned citizen contacted TM to inform i him that there's still a number of cars parked there. Entered on 8/31/2007 8:23:48 AM by O'Connell, Timothy Last modified on 10/2/2007 3:07:09 PM A preliminary injunction has been order by http://issgl2/intemalwrs/WRequest.aspx?ID=21030 10/2/2007 "'��_ II ,� h �, � .! t 1 l 1� f�.,_y-'' �, s r��, .� _.___. ._ _--- _.._ , .__� _ . � •� , , e9 Page 2 of 2 1 tractor 1 trailer with jet skis (hard to see in photo but positioned to left of tractor) r 1 boat on trailer 1 vehicle in FRONT drive F' 7 vehicles in BACK driveway/garage area Personal regards, Alex Tilt f r i 4/21/2009 PAUL D. KANEB 165 BAYBERRY WAY OSTERVILLE, MA 02655-2437 Telephone 508/428-0034 October 2,2007 Mr.Thomas F. Geiler Director of Regulatory Services Town of Barnstable 200 Main Street Hyannis,MA 026oi Dear Mr. Geiler., a RE : Robert J.Spenlinhauer 828 Sea View Avenue Osterville On Thursday, October iith, there is a Hearing scheduled at the First District Court of Barnstable County with respect to violations of Town of Barnstable Ordinance Chapter 59: COMPREHENSIVE OCCUPANCY. This involves the number of motor vehicles illegally parked on the property overnight on a regular basis in excess of three (3) and the number of overnight occupants, excluding -children, under the age of 22,in excess of four (4). These violations are based on the number of legally habitable bedrooms in the dwelling which is two(2). Much to.the dismay of many residents on Sea View Avenue and Bayberry Way, this ordinance has been continuously violated for some time notwithstanding the citing of Mr. Spenlinhauer by the Town's Public Health Division. I implore you to make the most persuasive and compelling case for the court to support enforcement of this ordinance at the Hearing next week. I trust that the Town's Legal Department will be giving you all the assistance you require to achieve success and-much needed relief for our neighborhood. As aggrieved residents, the only remedy for egregious behavior by an inconsiderate neighbor is yo vigorous enforcement of your own ordinance. Very truly yoti-rs, ak --a cc: Robert D.Smith,Esq. ' 70 Town Attorney X 2- 7Z 011 Wayne A.Miller,M D Chairman of Board of Health _ t �5'• � Thomas A.McKean Director of Public Health Division;. '= - James H.Crocker,Jr. Town Councilor Patrick M.Butler,Esq. Nutter McClennen&Fish LLP 11:01 5084201536 ALBERT J SCHULZ EP PAGE. 01/02 LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE: (508) 426®0960 FACSIMILE: (506) 420-1536 FACSIMILE COVER SHEET 12— DATE: July)O, 2007 ; Thomas A. McKean Director of Public Health Town of Barnstable CC: 1F.P X :t10.: (508) 790-6304 1' t 14I: Michael F. Schulz, Esq. FILE NO,: 22017 I10. OF PAGES (including this cover sheet): 2 RE: Please see the attached letter. [X.,,M NJENTS: ,'GNE,"-IQENTIALITY NOTICE: The information contained in this facsimile message! ..,nd any attachment is confidential information intended for the individual to .i j,horn it Is addressed. If you are not the intended recipient, you are hereby ir,clkufied that the disclosure, dissemination or copying of this communication is litricty prohibited. If you have received this communication in error, please i'As•lediately notify us by telephone and return the original message to us via the 1.1.1111. hail. Thank you. it 0, 11:01 5084201536 ALBERT J SCHULZ EP PAGE. 02/02 � LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CIIARLES PLACE 7 PARKER ROAD ALP :—F1 J. SC tfULZ OSTERVILLE, MASS!1CHUSETTS 02655-2034 r..TICIIALL r, SCHULZ LZ <c;cbcLz.:i°scix lrlav ificcs.com mschulzL"schulzla-.voi'iccs.com 1'!1.EYHUNE�:�08)-b2B-Of�50 FACSIMILE(308)!-20-15013 T'1~orna:i A. McKean Director of Public Health Town of Barnstable 20;!Mai11 Street Hi arrlis, NIA 02601 11'11°r J9."S Seaview Avenue, ®srterville, ?VIA Our file: 22017 ,11=2ir, iVl.r. McKean: 1 aln writing on behalf of,my client, Robert Spenli.nh.auer,to request a hearing before the Ek arcl of Health regarding a Notice to Abate Violations dated June 27, 2007. Kindly schedule us. he- v i.n.g before the Board of Health.on.July 17, 2007. As always, please do not hesitate to contact me should you have any questions. "truly Yours, `01 �. ' d//01 job Schulz _kU"SII P E Certified Mail#7003 1680 0004 5458 4678 �� Tati Town of Barnstable Regulatory Services • BARNSfABLE. v� MAS&a q `0g Thomas F. Geiler,Director Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 27, 2007 Robert Spenlinhauer -828 Sea View Avenue Osterville, MA 02655 NOTICE TO ABATE VIOLATIONS OF 105.CMR 410.000, STATE SANITARY CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 828 Sea View Avenue Osterville, was inspected on June 14, 2007 by Timothy O'Connell, Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received by the Town of Barnstable Health Department. The following violations of the Town of Barnstable Code were observed: 59-3 B —Maximum Number of Occupants, maximum number of motor vehicles. Observed six cars in driveway. The town has also have received complaints that vehicles are parked overnight. You are directed to correct the violations listed above within fourteen (14) days of your receipt of this notice by ensuring that only three (3) cars are parked in driveway overnight. See attached ordinance Chapter 59—Comprehensive Occupancy. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. QAOrder letters\Housing violations\828 Sea View Avenue.doc r Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Timothy O'Connell, Health Inspector Enc. QAOrder letters\Housing violations\828 Sea View Avenue.doc �F11:52 5084201536 ALBERT J SCHULZ EP PAGE: 02I03 �$' � LAW OFFICES OF ALBERT J. SCHULZ WILI.LkM. CHARLES PLACE r . 7 PARXER ROAD UBERT j,SCHULZ OSTERVILLE, MASSACHUSETTS 02655-2034 MZCHALL r,SCRULz as l ilzf,-achuhj m "f cca.com mschulz�echul7lar.,ti fficcc.com j TEIX--FITONF•.(17,08)428-0950 Fni:GIM]LF_(508)120-153O k�k. ' A.t,gust 29. 2007 Thomas ,A. McKean Dircctor of Public Health Tom(?of Banistable 200 Mails Street 11yannis, MA 02601 1171 8,28 5eavieiv Avei:ue, Osterville, MA ' Our le; 22017 Dear Mr. McKean: 4J Attached please find a copy of the Preliminary Injunction that was issued by he Sup �ior rJ ('cult ciijoining the Town of Barnstable from issuing:further fines on the above rcfe need property daring,the pendency of the actioll. I will send a copy of the same via certified mail for your records, As always, please do not hesitate to contact me should you.have any questions. Very Truly Yours, ScI u17- N. 4F'S/cvp LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD ALBEIT J. SCHULZ OSTERVILLE, MASSACHUSETTS 02655-2034 MICHAEL F. SCHULZ aschulz@schulzlawofflces.com TELEPHONE(508)428-0950 mschulz@schulzlawoffices.com FACSIMILE(508)420-1536 July 17, 2007 Board of Health Town of Barnstable 200 Main Street Hyannis, Massachusetts RE: 828 Sea View Avenue, Osterville, MA Dear Members of the Board of Health: I am writing with respect to Chapter 59 of the Town of Barnstable Code, entitled Comprehensive Occupancy, and its application to the above referenced property. On June 27, 2007, the Board of Health issued a Notice to Abate Violations to my client, Robert J. Spenlinhauer, stating that he was in violation of Section 59-3(B) for having too many vehicles parked overnight at his home. See Exhibit 1. As discussed below, I respectfully request that the Board of Health revoke its letter dated June 27, 2007 since Chapter 59 Comprehensive Occupancy was never intended to apply to the use presently occurring at 828 Sea View Avenue (the "property"). In arriving at the conclusion that Chapter 59 of the Code does not apply to the property, it is necessary to look at the language of the ordinance, considered in connection with the cause of the enactment, the imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated. See Commonwealth v. S.S. Kresge Co., 267 Mass. 145, 148. The purpose and intent of Chapter 59 Comprehensive Occupancy is described as "to address nutrient management and other environmental, health and safety issues resulting from overcrowding in residential dwellings." See Exhibit 2 (emphasis added). This statement can be brought into focus with a review of the Town Council meeting minutes which surrounded the ordinance's enactment. Chapter 59 Comprehensive Occupancy was the product of three hearings before the Barnstable Town Council, as Item No. 2006-126, on April 27, 2006, f May 11, 2006 and June 1, 2006. At the public hearing on May 11, 2006 before Town Council, Councilors Milne and Chirigotis recused themselves because Item Nos. 2006-126 (the predecessor to Chapter 59) and 2006-125 dealt with rental properties. See Exhibit 3. Christine Palkoski, Regulatory Coordinator, reviewed at the public hearing that "the ordinances would limit the amount of people who would live in the house and the numbers of cars parked there. Rental registration with a few additional pieces of information (such as name, address and phone number of the owner or in-state designee) and a certificate would be required." See Exhibit 3. Additionally, numerous members of the public appeared to voice their displeasure with illegal rooming houses/rentals and associated vehicles. See Exhibit 3. In the present matter before the Board, there is no issue with overcrowding of a residential dwelling. The property contains over 1.2 acres of meticulously maintained land in Osterville and it is owned by Robert J. Spenlinhauer, Trustee. On June 14, 2006 Timothy O'Connell, inspector for the Board of Health, determined that overcrowding was not an issue at the property. Inspector O'Connell noted the presence of six vehicles at the property which he believed violated Section 59-3(B) of the Comprehensive Occupancy ordinance. However, each of the vehicles on the property noted by Inspector O'Connell is owned by and registered to Robert J. Spenlinhauer. After reviewing the language of Chapter 59 Comprehensive Occupancy ordinance and the legislative history surrounding its enactment, it is clear that it was never intended to apply to the uses presently occurring at the property. Consequently, I respectfully request that this Board revoke its letter dated June 27, 2007 immediately. Very Truly Yours, ichael F. Schul MFS:cvp EXHIBIT 1 Certified Mail#7003 1680 0004 5458 4678 1HEY, Town of Barnstable Regulatory Services BARNSTABLE. MAE& Thomas F. Geiler,Director Public Health Division Thomas McKean,Director 200 Main Street, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 27, 2007 Robert Spenlinhauer 828 Sea View Avenue Osterville, MA 02655 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 828 Sea View Avenue Osterville, was inspected on June 14, 2007 by Timothy O'Connell, Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received by the Town of Barnstable Health Department. The following violations of the Town of Barnstable Code were observed: 59-3 B —Maximum Number of Occupants, maximum number of motor vehicles. Observed six cars in driveway. The town has also have received complaints that vehicles are parked overnight. You are directed to correct the violations listed above within fourteen (14) days of your receipt of this notice by ensuring that only three (3) cars are parked in driveway overnight. See attached ordinance Chapter 59—Comprehensive Occupancy. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. QAOrder letterAliousing violations\828 Sea View Avenue.doc Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF HE BOARD OF HEALTH omas . McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Timothy O'Connell, Health Inspector Enc. QAOrder letterMousing violations\828 Sea View Avenue.doc EXHIBIT 2 : enerat uoae t-Loae: Town of Barnstable,MA Page 1 of*2 Chapter 59: COMPREHENSIVE OCCUPANCY [HISTORY: Adopted by the Town of Barnstable 6-1-2006 by Order No. 2006-126.Editor's Note:This order also provided that its subject matter shall be examined by a committee appointed by the President of the Council before 10-1-2007,to report to the Council by 2-1-2008,with respect to any changes which may be deemed necessary or advisable.Amendments noted where applicable.] GENERAL REFERENCES Noncriminal enforcement of violations— See Ch.1,Art.I. Rental property— See Ch.170. Zoning— See Ch.240. Subdivision regulations— See Ch.801. §59-1. Purpose and intent. The purpose and intent of this chapter is to guide growth in accordance with the local comprehensive plan, so as to promote beneficial and convenient relationships between the natural resources of the Town and its inhabitants, to address nutrient management and other environmental, health and safety issues resulting from overcrowding in residential dwellings. §59-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: BEDROOM—A room providing privacy, intended primarily for sleeping and consisting of all of the following: (a)floor space of no less than 70 square feet; (b)a ceiling height of no less than seven feet; (c)an electrical service and ventilation; and (d)at least one window large enough to provide emergency egress. Living rooms, dining rooms, kitchens, halls, bathrooms, unfinished cellars and unheated storage areas over garages are not considered bedrooms. [Amended 10-19-2006 by Order No.2007-033] OCCUPANT—Any person who has attained the age of 22 who has resided in a residential dwelling for any length of time. RESIDENTIAL DWELLING—A single unit providing complete independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation. § 59-3. Maximum number of occupants; maximum number of motor vehicles. A. The maximum number of occupants in a residential dwelling shall be determined by the number of bedrooms contained therein.A maximum number of two occupants is permitted for each of the first two bedrooms;for each additional bedroom a maximum number of one occupant is permitted. It shall be a violation of this chapter for any person in excess of that provided herein to occupy any residential dwelling. B. The maximum number of motor vehicles that are permitted to be parked overnight, other than in a building, at any residential dwelling shall be equal to two motor vehicles for the first bedroom in a residential dwelling and one motor vehicle per bedroom thereafter. § 59-4. Exemptions. Children under the age of 22 shall be exempt from these provisions. §59-5. Enforcement; violations and penalties. A. This chapter may be enforced by the Building Commissioner, or his designee,the Board of Health and/or its designees or the police. B. The owner, lessee or person in a position of control of any dwelling unit found in violation of this chapter shall be subject to a fine not to exceed $300. Each day of continued violation may be deemed to be a separate offense. C. This chapter may be enforced under the provisions of MGL c.40, §21 D. The fine for any violation under the provisions of MGL c.40, §21 D shall be$100. Each day of continued violation may be deemed to be a http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&DocId=14&Index=C... 6/27/2007 v'enerai l,oae c-l.oae: 1 own of Barnstable,MA Page 2 of 2 separate offense. §59-6. Severability;construal of provisions. A. Each provision of this chapter shall be construed as separate. If any part of this chapter shall be held invalid for any reason, the remainder shall continue in full force and effect. B. Nothing herein shall be construed as allowing for more bedrooms in any residential dwelling than are otherwise permitted by any state or local law or regulation governing health and safety.. http://www.e-codes.generalcode.com/searchresults.asp?cmd=gQtdoc&DocId=14&Index=C... 6/27/2007 EX HIBIT 3 TOWN COUNCIL 1VtEETING 1VIay 11, 2006, A quorum being duly present, Town Council President, Henry Farnham, called the meeting of the Barnstable Town Council to order at 7:00 pm, on May 11, 2006 at the Barnstable Town Hall, 367 Main Street, Hyannis, MA. PRESENT: Richard Barry(7:05), Janice Barton, Gary Brown, Ann Canedy, Frederick Chirigotis, James Crocker, Jr. (8:30), Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne (7:10), James Munafo, Jr., Tom Rugo and Harold Tobey. President Farnham led the Council in the Pledge of Allegiance and a moment of silence. President Farnham made a few announcements regarding the evening's agenda. The Cape Cod Commission presentation will not have comment from the public. The four items on housing will be opened together as a public hearing and then the council will enter a workshop scenario. After the workshop, the public hearing may be continued to another night or proceed for public input this evening. That will be determined after the workshop. There will not be a CPC presentation since an executive session is needed prior to any public discussion. CAPE COD COMMISSION BRIEFING UPDATE Margo Fenn, director, introduced her guests: Chairman Alan Platt, Wellfleet;Nancy Hosfeld, John Lippmann, and Royden Richardson,Barnstable's Commission representative. She spoke about the Cape Cod Commission using a PowerPoint presentation. (See Exhibit A) Councilor Milne asked how much of the act has focused on the economic character of Cape Cod by encouraging growth that will create mid-range jobs and block low end jobs. Many of the tourist oriented businesses—restaurants, and the like—encourage a workforce toward low end jobs. He feels that the Commission has not encouraged the light industry and technology. Fenn said the Cape has natural assets making it a nice place to live. The opportunity with the growth incentive zone lets the town decide what kind of growth it needs. The Commission's efforts have stopped a slide and encouraged good land use that lets economic development happen. She adds that concentration in growth centers is the key and water management is most important to keep the quality of life. Councilor Milne suggested that the Commission try to protect the Cape from the intrusion of low end jobs and many people living in one house. Can the Commission reject businesses because they cater to low end jobs and do not provide housing? Should the Commission create a linkage between affordable housing and development? He needs input on that. Councilor Tobey thought Independence Park funded the Rte. 132 and Independence Park intersection. Fenn said it was mitigation obtained from the BJs Warehouse project. Tobey did not think so. Councilor Canedy said the first task force meeting has not been scheduled yet but the public will be invited. Canedy expressed criticism of the mitigation process. She can see if it is around the development site but is not in favor of mitigations that are more diluted or in other towns. Fenn said the rules are set in the regional policy plan. The general rule is `fix what you break.' You have to pay a fair share of the fix if it is caused by you. She explained that the mitigation is carefully calculated to be fair by determining the percent of the problem for which the development is responsible. Councilor Curtis asked about transportation goals since public transportation is non existent. Fenn said the planning process includes both transit and roadway improvements. The Commission has had a goal to expand transportation on the Cape. There will be a Flex Route I Councilor Curtis announced some openings on committees. There will be an announcement in the newspaper and on Channel 18. Applications are also available in the town hall and libraries. Councilor Barry reported that the Cotuit Library would like to expand into an area currently used as a public park. The proposed parking lot will go to within 12 feet of a jungle gym. He got wind of a meeting between the town manager,town attorney and the library representatives. The library representative said Barry and the Cotuit Civic Association had supported the project. That was not the case. Barry feels they should get the whole community involved and not sneak around. Manager Klimm was saddened by the turn of events and said he will not move ahead until there is consensus. Councilor Barton attended the Chatham town meeting on behalf of the Human Services Committee to request funds for In From The Cold. Chatham approved a$1,500 donation unanimously. They are now the second town to contribute to this cause. The Fire District Study Committee will be making a presentation to the council soon. ACT ON MINUTES Upon a motion duly made and seconded it was voted to postpone action on the minutes of April 27, 2006 until May 181h. VOTE: Unanimous Upon a motion duly made and seconded it was voted to approve the minutes of May 4, 2006 with the following corrections: 7th paragraph under AIRPORT delete "for years" in the last sentence; 2"d paragraph under REGULATORY SERVICES delete"being" in the first sentence and replace with "which are required to be" and in the 3`d paragraph, second sentence, insert "since" after"She said; under COMMUNICATIONS FROM ELECTED...... after"Councilor Milne" insert"the public and the council." VOTE: Approved (Milne abstained) ORDERS OF THE DAY OLD BUSINESS Councilor Milne explained that he would recuse himself from participating in any action under Items 2006-125 and 2006-126 because he obtains his livelihood from rental Rroperties. He will be getting an ethics decision under the 10% rule (if 10% or more of the businesses participate in the same activity, Milne's participation will not be considered unique and the recusal will not be necessary.) For the moment he can speak as a citizen during the public hearing. Councilor Chirigotis is also recusing himself for the same reason. Upon separate motions duly made and seconded it was voted to open public hearings on Items 2006-125 ORDER FURTHER REGULATING RESIDENTIAL RENTAL PREMISES, 2006-126 ORDER ADOPTING A COMPREHENSIVE OCCUPANCY ORDINANCE, 2006- 127 ORDER AMENDING SCHEDULE OF FINES, 2006-128 ORDER AMENDING MISCELLANEOUS LICENSES AND PERMITS at 8:55 PM. VOTE: Unanimous for each of the four motions. Upon a motion duly made and seconded it was voted to hold a workshop on these items. VOTE: Unanimous 4 WORKSHOP Paul Niedzwiecki, Assistant Town Manager, said this was the beginning of a discussion that the community needs to have—work-force housing and community character. The staff approached this as a problem solving effort. The staff is talking about being good neighbors and community character. It is about a small 2-3 bedroom house with a small patch of grass—the American dream. The worse problem is in the poorest census tracts. The housing crisis has created a market to sell houses that can be rented to a large number of people. Bob Smith, Town Attorney, said the problem is cyclical. Most recently, in the early 1990s, the problem was college party houses. This ordinance is actually a rehab of the one that was adopted back then. He spoke about some of the legal ramifications. Since then the law has changed in the areas of civil rights, protection of groups, etc. The town could be punished for allowing such a problem to get so out of hand; the municipality can run into civil rights issues. Groups should not be identified. `Single family residence' was an unambiguous term 27 years ago. That has changed too; society is more open. The staff has done their best but all need to work together for the final solution. Tom Geiler, Director of Regulatory Services, said there are concerns about the quality of life. There are too many people living in houses, too many cars parked in yards and on streets, 24 hour activity and noise. What goes on in one lot impacts the life in the next lot. The town has no rules to address this. The state sanitary code, which the health department can enforce, has limits on the number of bedrooms. However, there is a need to update definitions in the codes from how they were written 50 years ago. There needs to be a dialogue in order to understand what the community wants and what is fair and equitable for all. Applying outdated standards do not work. The town needs new ones. Tom Perry, Building Commissioner, described some of the situations that need to.be addressed: clearing all the trees from a lot to pave it for parking or not pave it and turn it into a dirt parking lot; creation of basement living space,which may affect the adequacy of the air needed by the furnace and with insufficient egress; people living in attics; lack of smoke detectors and carbon monoxide detectors. These are quality of life issues but some are very dangerous. Tom McKean, Director Health Department, explained that the state sanitary code limits the number of people based on the square footage. He gave the example of a house in a nitrogen sensitive area that appeared to be over occupied—basement, attic, etc. It was difficult to get in touch with the property owner and difficult getting into the facility. Lindsay Counsell, Director of Environmental Services, spoke on nutrient management. The town is planning to spend money to address sewer needs, but to do so, it has to know how many people are living in various parts of town. Uncounted rentals and bedrooms will make it impossible to plan and it is vitally important. It will be about hard dollars very soon. Christine Palkoski, Regulatory Coordinator, reviewed that the ordinances would limit the amount of people that live in the house and then numbers of cars parked there. Rental registration with a few additional pieces of information, (such as name, address and phone number of the owner or in-state designee) and a certificate would be required. There will be a$90 registration fee. Niedzwiecki concluded that these ordinances address public health, the environment and community character. President Farnham invited public comments. 5 Vincent Procaccini concurs with the comments. He showed some photos of a problem house on Bristol Ave. It was purchased as a rooming house and is being rented, without a license, to seven or eight illegal aliens. What does the owner make for rent and what does he pay for taxes? The occupants work for the owner and do not have taxes taken out of their pay. He gave other examples of what has been going on there, including noise around the clock. Do he and his mother have a right to sleep at night? John Alden also spoke on the issues as well as the additional lowering of property values. He feels the people are hired at lower wages, with no benefits, no taxes collected, and he is paying the freight. This is the tip of the iceberg. Laws have to be enforced. He feels the issue goes much deeper and is found through the country. Businesses need to be responsible to find these employees adequate housing. Councilor Curtis requested that all conversation be focused on the health and safety issues having to do with housing and that the president gavel down inappropriate comments. Bill Elkins also lives on Bristol Ave. The lots are 10,000 sq. ft. or less and he does not understand how 10 or 12 people can live in any house on so little land. Rules have been violated over the last three years. Bristol Ave. and the tree streets were the creme de la creme back when he moved there. Precincts 8 and 9 are nothing more than a community of flop houses. The town needs the rules desperately. Lou Gonzaga from Spring St. said the area always had mixed communities who all worked together and helped each other. He suggested checking the water and sewer bills to estimate the number of occupants since there is a percentage of water used by a family. People are making lots of money by over renting and over parking. The town will be sued because there is no ordinance that defines infractions or enforces them. He suggested hiring people to enforce, particularly on the night shift. Mrs. Elkins said this has come about because people have made rooming houses from their homes. She hopes the council will adopt these and not hold the neighborhoods hostage. Karen Procaccini also spoke about the situation on Bristol St. It is a safety issue. She does not know who the people are. Neighbors are afraid to walk on the streets at night. All should live by the rules. She feels forced to sell their house. Bob Sabatelo, who lives off Pitcher's Way, is frustrated by hearing that there are no laws on the books. MGL clearly describe what a lodging home is. It is hard to prove that the people are not related. He complained back in 2003 and it took a year to get a response. He is glad to see the amendments and would like to see a streamlined process for timely action on violations. Peter Cross said it should be considered a town problem because it is costing everyone money. The staff has spent hours trying to solve problems without the support of laws. Give the staff the laws to enforce and the ability to bite back. He feels absentee landlords don't care and the town needs to break the cycle. Greg Milne, speaking as a citizen, said the number one industry on Cape Cod is tourism. He was able to show the income that one house rented out to tourists could bring and that is how he makes his living. Recreational tenancy means weekly tourist based rentals and its inclusion in the ordinance will affect his business. He has an eleven year track record with no complaints. There are others in town with similar rental homes. The college rentals, which the term addressed years ago, are not a problem. He requests that the council delete this aspect, which will cease tourist rental such as his. 6 r Dan Sizemore gave his story of a house in a single family neighborhood as well. Now he has a bedroom community. He wants the staff to have the teeth to bite down on this situation. He expected Councilor Tobey would have done something about this. Alice Tillman, Bob Sabatelo's neighbor, also discussed a house on Wagon Lane that is rented to people from basement to attic. The town needs to back up the fire and police departments with the laws. She implores the council to do something and fears the child living in the attic of the house could die in a fire. John Martin spoke about his development that has turned into a slum. One house with 2 bedrooms, on Bishops Terrace in Hyannis, has been turned into a four apartment house. The building inspector cannot get in and can do nothing about it. Peter Brandao, Osterville, supports the ordinance. The town has to get the people out, but where will they go. He had to rent abasement himself because there was no affordable rental. He just now can afford a one bedroom apartment and had to put off schooling and his degree just to stay on the Cape. It is not just immigrants that are forced to live in basements. Roy Richardson said the ordinances are addressing issues that need to be faced. The town developed an amnesty program to deal with this. The conclusion is that people have a right to safe and sanitary housing. He suggests that the human service people need to weigh in and the EDC and housing committee need to take a look at this. People can sometimes become resentful of those who are causing the problem. They are here because we need them, he said, and they have something to give. Judith Martinez said she was sorry that people disturb the neighbors but they work two or three jobs. Immigrants can't live safe and healthy because they don't have the wherewithal. They live together to save some money to send home. She suggests helping to reduce the amount of money needed to rent the houses. Peter Doiron said the town has to pay attention to health. The emphasis is on the rental premises. The owners are at fault and need to address this. Frank Paparo said the owners of some of these properties are sleaze bags and should be jailed. He feels there will be a catastrophic fire that will kill kids. He also said that the town should build and supply housing for people who live here. Families have been taken advantage of by others in the community. He points out that this issue is not affecting other villages, only Hyannis. Upon a motion duly made and seconded it was voted to close the public hearings Items 2006- 125, 2006-126, 2006-127 and 2006-128at 10:05 PM. VOTE: Unanimous Councilor Tobey deliberated on whether to respond to personal attacks. His daughter is in the same situation. He is one of the sponsors of the article and he is trying to solve the problem. He was hoping to get constructive criticism. There is nothing personal in these items. He asked if these are passed, can they be enforced. Councilor Joakim said staff has worked for a year on this and one of problems is enforcement. She feels the town can deal with these proposals. Her precinct is densely populated and therefore is one of the smallest in area. Definitions of what makes up a family, who is a resident, etc., have to be redefined and the affordable housing issue has to be addressed outside of Hyannis too. 7 I Councilor Canedy said Mr. Elkins came to the council a year ago to begin this process. The initiative came from the council and the council does not have to be convinced. She pointed out that there is a cottage community in Barnstable and she doesn't want to catch landlords like Mr. Milne in the net. Tweaking does not make it go away. Councilor Rugo is prepared to work on it this evening and vote in favor tonight. It is an important issue and it can come back to the council for tweaking. He feels the items would not be before the council if they could not be enforced. He asked why the fine described in 2006- 125 would not go just to the owner and whether there was a typo in the amount: $300 vs. $100. Councilor Barry wanted to know how inspectors will get into the places. Will there be applications for search warrants? He feels the more egregious cases should be made examples. Niedzwiecki believes they are enforceable. There is progressive discipline and the town will obtain a search warrant if it comes to that point. Councilor Brown appointed Councilor Joakim to chair this when he was president. He is willing to take a few weeks to work out kinks but to go beyond that is asking for disaster. The sooner these get on the books, the better. Councilor Curtis raised the issue of septic systems as a public safety issue. Septic issues can be examined. Title 5 code speaks to the number of bedrooms not the number of people. Parking on the streets is also a public safety issue. How will the town get the owners to register and how many registrations do we have now? Councilor Barton asked where the tenants will go once they are out of the overcrowded houses. Someone has to be looking at the affordable housing issue. She fears this will be putting people out in the streets. Councilor Crocker said Title 5 assumes there are two people per bedroom. The tenants' right of quiet enjoyment may be also enforced. He suggested moving these items to a date certain. Farnham thought it could come back in early to mid June. It will take 120 days to become law. Councilor Munafo moved to continue to June 151h. No second. Councilor Canedy asked if in a condo community with individual owners, does each cottage owner have to comply. Ruth Weil, Director of Growth Management, said these just deal with single family homes. Canedy asked about inviting the business community. President Farnham suggested a special workshop with the committee to address concerns about each of the ordinances and make the tweaks. Written questions should be forwarded to Paul Niedzwiecki who will give them to the committee. Councilor Curtis would like someone from the housing committee or the business community. People can come to the workshop. Councilor Tobey said the format should be different. Farnham said the workshop would be a public meeting but not open for public comments. A motion was made and seconded to continue the discussion on Items 2206-125, 2006-126, 2006-127 and 2006-128 to a date certain. VOTE: Unanimous Upon a motion duly made and seconded it was voted to open a public hearing on Item 2006-131 ORDER FURTHER REGULATING BUSINESS HOURS at 10:38 PM. VOTE: Majority in favor Peter Brandao said this item was heading in the wrong direction and should not restrict the night workers. There will be a cut in both the business and employee revenue. There is a wide range 8 of people who will be affected. He feels there has to be a better option than a commercial curfew but did not know what it was. If the curfew gets changed to 1 AM to 5 AM, he will be out of a job. Bruce Gilmore, representing CVS Corp. said only the Hyannis North Street store is open 24 hrs. He sees the need to control the people when the bars let out and pointed out that CVS fully cooperated by closing its stores, adding enhanced lighting and a security camera. (The police have used footage from this camera.)During the hours they were closed for 4 nights, they lost $4,000 per week in income, and this was not during the season. It could be $10,000 per week seasonally. The North Street store is the only place where people can get prescriptions filled or over-the-counter medicine.. CVS is willing to have police details at night if need be. Farnham said there has been discussion of an open drive-in window, etc. Steve Alongi, Manager of Cumberland Farms, said they have lost revenue but it has worked out. He would rather stay with this ordinance than increase the hours to 5 AM. People did disperse once the bars closed. Moe Wyman, manager of the facility at Rte. 132 and Rte. 6, feels it could work but the landlord (Comm. of MA) says no. That location can't close. He suggests trying it on a trial basis and set up criteria for which businesses can get variances. Councilor Brown asked how much of the $4,000 lost were scripts and how much was other items. Chief Finnegan said the drive-up window would not be a problem. Andy McPhe, Area Manager CVS, said$4,000 only represents front store merchandise; scripts could add another $1,000 per week. CVS's top priorities are the safety of employees and customers along with the health and welfare of citizens. A drive-through would be ok. Chief Finnegan said the I AM to 5 AM option was not on the table; I AM to 3 AM will be sufficient to address the problem. Upon a motion duly made and seconded it was voted to close the public hearing at 10:54 PM. VOTE: Unanimous Upon a motion duly made and seconded it was voted to continue Item 2006-131 to May 18, 2006. VOTE: Unanimous Moe Wyman explained more about having to close; the gas station has to stay open. Finnegan said it is under the terms of the lease. A motion was made and seconded to extend the meeting past 11 PM, until the executive session is complete. VOTE: Majority in favor NEW BUSINESS 2006-134 ACCEPTANCE OF GIFTS FOR HARBOR YOUR ARTS PROJECTS Upon a motion duly made and seconded it was RESOLVED: That the Town Council, pursuant to the provisions of G.L. c. 44, §53A, hereby establishes an account for the purpose of receiving gifts to help defray the cost of arts and culture projects associated with the Harbor Your Arts Program, including but not limited to the 9 installation of a temporary stage for summer theater and music events and authorizes the expenditure of monies from said gift account for that purpose. VOTE: Unanimous LATE FILE 2006-136 AMENDMENT TO ZONING ORDINANCE—HYANNIS VILLAGE Upon a motion duly made and seconded this item was referred to a public hearing on June 1, 2006. VOTE: Unanimous Upon a motion duly made and seconded it was voted to enter into executive session for the purpose of discussing strategy regarding land acquisition and not return to public session at 11:05 PM. VOTE: Unanimous (roll call) Respectfully submitted, Lucia Fulco, Assistant Town Clerk . t 10 I G- �✓ l - �� � , II TOWN OF BARNSTABLE LOCATION i'viff 6,o& viewAve SEWAGE# .240(P 6 VILLAGE �j� ���� ./ /TASSESSOR'S MAP&PARCEL INSTALLER'S NAME&PHONE NO. � - SEPTIC TANK CAPACITY Jtrer I� LEACHING FACILITY:(type) q 14 4�o `isize) �,�°/ NO.OF BEDROOMS ��°' V OWNER ]° PERMIT DATE: COMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility feet Private Water Supply Well and Leaching Facility(if any wells exist on site or within 200 feet of leaching facility) feet . Edge of Wetland and L.aching Facility(if any wetlands exist within 300 feet of leaching facility). feet FURNISHED BY s _ ID'71 - % vr l� sBuilt Pale 1 01.._ TOWN OF BARNSTABLE LOCATION St�Q ✓!NCB; AVe SEWAGE#_LkJ(cr`437 VILLAGE ASSESSOR'S MAP&PARCEL f INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY f� � °-;LQ LEACHING FACILITY-(type) q k~;to 3"}q:>0*Aj I.,[Ssize) ky o NO.OF BEDROOMS ` `rT OWNER512e PERMIT DATE: ,�/�/per COMPLIANCE DATE: Separation Distance Between the: 1 Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility feet Private Water Supply Well and Leaching Facility(if any wells exist on site or within 200 feet of leaching facility) feet Edge of Wetland and Leaching Facility(if any wetlands exist within 300 feet of leaching facility). feet FURNISHED BY rrd�1 br- ttp://issgl2/intranet/propdata/prebuilt.aspx?mappar=114001002&seq=1 -'5/4?00'- 1 i � r of t�rq� ,;P o TOWN'C"OUNCILMEETIN k «�` � �fr _ M %`June 'I, 2O06 . „a�� low BARNSTABLE, * »a„m, &lass. a A quorum being duly present, Council President Henry C. Farnham called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, June 1, 2006. PRESENT: Janice Barton, Gary Brown, Ann Canedy, Frederick Chirigotis, James ocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rubo and Harold Tobey. ABSENT: Leah Curtis, Richard Barry Presid7t Farnham led the Council in the Pledge of Allegiance and a moment of silence. President Farnham announced that there are substitute motions on the rental and occupancy,items that will be presented and there is a Fate file attached to the funding of those items\BBayview Farms is not on tonight— but will be on the 15th of June. PUBLIC COMMENT , Paul Sullivan stated that he was on the Fire District Study Com..:Fie`recognized the diligence of the committee. He received his copy of the report in the mail. We discussed and reviewed financial\data comparing the districts and other departments and did:not,see>it. in the report. He intended\to file a minority report. He was not allowed to do so. He:has copies of a report he made., He is not criticizing the report but since the financials were discussed he wanted to have\it included. Pres. Farnham told him he could leave,his report.%; Daniel J. Minoot (illegible writing),supports the CPA`act and supports the projects being presented. He stated that he will speak about Bayview Farms at the next council:meeting. Julia Siligmann (illegible writing) asked for the/council to consider the land actions; Bayview Farms is a beautiful place. Alan Burt expressed sadness on passing of Eugenia Fortes. We should think about- honoring her. Grant Harrison from Cotuit spoke in favor of Bayview Farms. He represented the Mary Barton Trust that acquired property in"Cotuit. Peter Doiron stated that there,were not many individuals who appeared at the Cape Cod Commission hearing on the airport. He addressed the possible closing of a bakery due to an eminent domain attempt/on the property that houses it. Lou Gonzaga spoke about'getting get rid of the CCC by sending it to the voters. Roger Capone (refer`ring to some other statements made reg\ding voters) said the people don't want to be represented by you (councilors) since they don't vote. He likes that Barnstable and therRoute 6A area is rural because of the OKH. He wants to see support for Bayview Farms \ Debbie West supported the project of Bayview Farm. It is rural and \want support. Margare . Earhart wants to have the support of the council for the rental items. Rick Presbrey is concerned about the occupancy ordinance. Tom Mullen, Pres. of Barnstable Land Trust, encouraged the council on the 15th to consider the Bayview Farms item and vote for it. He noted the historical importance of the piece of property going back to the Hull and Hinckley families. Dan Dwyer, a fisherman, was told he could not charter his boat any more. He had to cancel all his charters. He wants to know why and asked the council to ask the harbormaster why. Kris Clark said the West Barnstable Civic Association backs the a uisitions in that village. Public Comment closed at 7:30 p.m. COUNCIL A D TOWN MANAGER RESPONSE TO PIU LIC COMMENT r Councilor Ba cq n said she wanted it noted that Mr/Sullivan called the Fire District Study Preparation CoriT ittee the "Hyannis" Fire District Study Committee and that was not correct. The correct title of the Committee was the;Fire District Study Preparation Committee". I She also stated that the committeeAid address the financial aspect, They.felt a comprehensive=evaluation was needed and twas not necessarily part of•their goals.-.--, any single member was not approved by the committee. It;is not fair;to the; i. whole committee. She feels that it is counterproductive. Councilor o Caned said h -- adt there book with all the information'o anon in the council e cou c I office r _ Y �. e andin�' _ 9 9 the Fire:District Stud 'Committee. Sh e a reciated Mr. Sullivan s comm n y pp e is buf°the ,were:: Y not'approVed'by the whole..committee She thanked the people who supported Bayview, Farms. ,� Councilor-Crocker stated that the,ypercentages of voters Y a quoted b prior speaker were,,'..),... q incorrect. He was grateful that�t�he Assistant Town Manager will help Mr. Dwyer., Crocker said the minority report is getting blown out ofproportion. Councilor Munafo stated that regarding the Fire�istrict Study Committee, he has reviewed some of the information/and there is some problem with accuracy. Money is a reason to consolidate, therefoze�rjected that should be looked at. He thinks a minority report is all right. Councilor Barton that she was not afraid of anything. President Farnham/asked everyone if they would hold off talkingd about this until the next meeting. Councilor ilnelthanked Mr. Burt for his comments about Ms. Fortes' pas�ng. Whether it is a minori r another report— if people, who served or didn't serve on a committee, have additional information, welcome it. He has known Mr. Dwyer and asked for a quick statement asto the status of this business and what might happen. Councilor Milne addressed the airport meeting last night regarding the proposed terminal. Whether this is funded is in question but he appreciates Doiron's comments. Milne is a liaison to the airport commission. He sees himself as a conduit for information to the council and the community. 2 - President Farnham said he spoke at that meeting in order to clarify that Milne is the liaison — t e liaison is a communicator and facilitator between the council and commission. You op ate as a spokesperson when you are a councilor. You (Milne) gave individual opinions which (Farnham) felt were outside of the DRI hearing, spAhat is why he spoke. The DRI addresses he facts and concerns by Yarmouth. It s an interesting meeting. CCC did a good job in the ' ' 'al review. REPORTS FROM TOWN COU B DS, AND COMMITTEES Councilor Milne said, "I respectfully agree-with Pres. Farnham's comments." Milne doesn't share his definition of li ' on. Asst. Town Manager P Niedzwiecki stated that it was the-first he-had heard of Mr. Dwyer's problem bu ill find out the answer tomorrow. ' ---� ACT ON MI ES Councilo unafo asked to postpone action on the minutes of May 18, 2006 to the 15tn There as a consensus to do this but Farnham reminded councilors about timely review a posting of the minutes. ORDERS OF:THE DAY OLD BUSINESS 2006-126 - TOWN OF BARNSTABLE COMPREHENSIVE OCCUPANCY ORDINANCE INTRO.:: 04/27/06; 05/11/06; 06/01106 (Substitute) ; l The changes in the substitute item:were identified by Zoning Enforcement Officer:'Christme' Palkoski (See attached explanation). -, Councilor Milne asked`for a public statement regarding recusal. Attorney-Smith saidrthis kY item'affects every,single family-residence.in..the:town.—every homeowner shares.the r ,w °interest in this with manytliousands (over 20,000). Therefore, in this case,-no-counciIor.lias a special interest that is not shared by at-least 10%. Councilor Crocker asked about sections 59-5 B and C as to why the different fines. Attorney Smith stated that the fine is the criminal penalty and that is what the major (larger amount) is for. We have adopted non-criminal dispositions, which is another way to get compliance. So, the lesser amount represents the ticket under those circumstances. Councilor Chirigotis said the ordinance provides a civil and a criminal penalty. Attorney Smith said this is part of a progressive discipline. You first try to talk to the violators; maybe the next step would be a written warning; then the ticket to make the point; and if that doesn't work, or if it is obvious that you are dealing with a scofflaw—then you engage in a criminal disposition that will give them a record. Councilor Crocker feels that there is a grey area when it is up to one person to decide. He wants to see one fine and possibly increase it on a daily basis if they do not deal with the violation. President Farnham said progressive discipline and a progressive fine might be good. 3 Councilor Crocker stated that it is a concern of his. Upon motion duly made and seconded it.was voted to go into a public hearing for the purpose of discussing this substitute item. VOTE: Unanimous at 7:57 p.m. John Kenney, Pres. Of Hyannis Area Chamber of Commerce, is concerned on how this will deal with summer residents, rental properties, etc. If you have a 4 bedroom home you could not rent it to 4 couples. He would like to see short term rentals given exemptions. When you look at the number of cars, he agreed that he wouldn't want to live next to such a house. But look at a husband and wife. Each have a car, and also a vehicle related to an occupation; and then the kids each have a car. It is a balance between, resident, and business needs. The Hyannnis Area chamber of Commerce would like to be involved in any other discussion on this. Lou Gonzaga suggested that if you are going to make a law, have it so it can be enforced. People now come here and do what they want. Give the people who work for the town the laws to do their job. Bill Elkins,asked the counci[to consider those of us who do live near some of these houses. .' Vote it. "It'is easy:for.someone"on the outside to say that we need work—the work is over-' and"done with.-make it work and get it passed: Vincent Proccacini stated that we areaalking about illegal rooming houses. Peo'Plel come :and-gazday and night. The_landlords make huge dollars.on rentals and now you just fine them $300. 1 worked hard to get what I have and to have people renting illegally is not right. �. We need to adopt this and help us who are having the problem. John Alden said that he has.3�houses around him with a bunch of people and a bunch"of .} ..... . cars..] am sick andi tired of it= p:ass' t: Something must�be done. Bob Frazee agrees, and encourages all councilors to not relax on this. Alan Burt is a landlord and when he hears about 24 people in a house it is shocking. But when a few people are doing something wrong then all landlords will have to pay a fee. It bothers him in that way. He feels this is a little restrictive. Margaret Earhart said that when she was 21 she got around by a bike. If they are here short term, have them get a bus pass or a bike. She is astonished that this problem is so huge. She is done volunteering and doing other things until something is done.. Robert Tucker confirmed that there are many cars on lawns and elsewhere. He said that he is not discriminating but wants people to be legal. Upon motion duly made and seconded it was voted to close the public hearing at 8:13 p.m. VOTE: Unanimous Councilor Milne said that he can't imagine people being scrutinized when family or friends come to visit. He has empathy for those who have issues. To say that every home is now 4 bedroom controlled is not right. Don't make the law if it can't be enforced. He also addressed the limits on the cars. How can you enforce it for everyone. Councilor Brown reminded the council that this is to attack an ongoing problem for year round issues. This is affecting our water. The cesspools are set up one way and overcrowding is making them overworked. We know people have visitors. This can be enforced, give them a chance. Show that we back the people of the town. Councilor Canedy suggested that we try it and we can always tweak it. She thinks it is a wide net. She said Ruth Weil will form a committee to address the wide net. Canedy stated that she would also like a committee set up with businesses regarding seasonal workers and moderate income workers. Councilor Munafo said the problem is real. How can I go against good principal and solid rights and say let's revoke them for a period of time in order to clean up our neighborhoods. With a sunset clause he would move forward. He wants to know that this will end; otherwise he can't support it. Councilor Chirigotis agreed with the broad net aspect. The ordinance draws a lot of people.:. ...-.. into it, who are not necessarily intended to be brought in. The definition of family is elusive.. Here.we define residents by name/number/.timeperiod. We don't talk about the relationships within the home. On,cesspools,,just require people to pump every 2 years We need to focus on the problems: He:is'not in favor for the ordinance as written:,-: Councilor Tobey said whatwe have is'notworking; and whatJs proposed is an opportunity:to put teeth into the laws that are notworking.:. He hopes that,it will alleviate some of the . problems.in his and other precincts. He!stated.that there was a list of about 20 hortmes.#hat were in violation and they are all in Precinct 8. He will support this. Councilor Barton concurs with Councilor Canedy. It is a reaction to an issue of housing (seasonal;.workforce, etc.) Where areAhe 'people'going to go where are they going-to- sleep? z Vice Pres. Joakim reminded all that we have worked for over a year on this. We can bring this back and amend it. We need tools to address the complaints that come in regularly. If there are problems it can come back. Asst. Mgr. Niedzwiecki said the community has asked for this. It is difficult to address and there are concerns; but the problem is the destruction of single-family neighborhoods. There are ways to deal with housing. A 3-bedroom home will still allow 5 adults and allow unlimited children. It is not quite as restrictive as you perceive. Do not make changes, it is enforceable—give us a chance. Councilor Rugo said it is a quality of life issue. Upon motion duly made and seconded it was voted to call the question. VOTE: Unanimous Upon motion duly made and seconded the substitute motion was voted for approval. VOTE: 9 Yes 2 No 5 L Upon motion duly made and seconded it was voted that: TOWN OF BARNSTABLE COMPREHENSIVE OCCUPANCY ORDINANCE AMENDMENT TO GENERAL ORDINANCES RELATING TO COMPREHENSIVE OCCUPANCY OF RESIDENTIAL DWELLINGS ORDERED: That SECTION 1. The general ordinances are hereby amended by inserting the following section: Chapter 59, Comprehensive Occupancy § 59-1. Purpose and Intent The purpose and intent of this chapter is to guide growth in accordance with the local comprehensive plan,.so as to promote beneficial and convenient relationships between the natural resources of the.Town and its-inhabitants, to address nutrient management and other environmental, health and safety issues resulting from overcrowding in residential .> .: dwellings•. § 59-2. Definitions. y. As used'in this chapter, the,�following terms shall have the meanings.indicated: BEDROOM --A room providing privacy, intended primarily for sleeping and consisting of all: of the following: (a) floor space of no less than seventy (70) square feet; (b) a ceiling height of no less than seven feet (TO"); (d) an electrical,service and ventilation- and (e) at least.one. window large enough to provide emergency:egress. Living rooms, dining rooms, kitchens, halls, bathrooms, unfinished cellars and unheated'storage areas over garages are not considered bedrooms. OCCUPANT --Any person who has attained the age of twenty-two (22) who has resided in a residential dwelling for any length of time. RESIDENTIAL DWELLING -- -A single unit providing complete independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking and sanitation §59-3. Prohibition. (a) The maximum number of occupants in a residential dwelling shall be determined by the number of bedrooms contained therein. A maximum number of two occupants are permitted for each of the first two bedrooms, for each additional bedroom a maximum number of one occupant is permitted. It shall be a violation of this Ordinance for any person in excess of that provided herein to occupy any residential dwelling. 6 1 (b) The maximum number of motor vehicles that are permitted to be parked overnight, other than in a building, at any residential dwelling shall be equal to two motor vehicles for the first bedroom in a residential dwelling and one motor vehicle per bedroom thereafter. § 59-4. Exemptions. Children under the age of twenty-two (22) shall be exempt from these provisions. § 59-5. Enforcement and Penalty. (a) This chapter may be enforced by the Building Commissioner, or his designee, the Board of Health and/or its designees or the police. (b) The owner, lessee or person in a position of control of any dwelling unit found in violation of this ordinance shall be subject to a fine not to exceed three hundred dollars ($300.00). Each day of continued violation may be deemed to be a separate offense. (c) This chapter may be enforced under the provisions of MGL Chapter 40, §21 D. The fine for any violation under the provisions of MGL Chapter 40, § 21 D shall be one hundred dollars ($100.00). Each day of continued violation may be deemed to be a separate offense. §59-6. Severability.% j 4 (a) Each provision of this chapter shall be construed as-'separate. If any part of this chapter i shall be held invalid for any reason, the remainder shall continue in full force and effect. (b) Nothing herein shall be construed as allowing for more bedrooms in any residential .dwelling than is otherwise permitted by,any state or local law'or regulation.governing health.. and safety. SECTION 2. The subject matter of this.ordinance sh�all'be,.examined by a committee appointed by the President of the council before October 1, 2007, to report to the;council by. February 1, 2008 with respect'to any changes Which ma'y be deemed necessary or advisable. VOTE ON MAIN'MOTION AS AMENDED: 8 Yes = 3 No (Chirigotis, Milne, Munafo) 2006-125 - AN ORDER FURTHER REGULATING RESIDENTIAL RENTAL PREMISES INTRO: 04/27/06; 05/11/06; 06/01/06 (Substitute) Councilor Chirigotis and Councilor Milne recused themselves, leaving a quorum of 9 councilors. Christine Palkoski addressed the changes in the substitute motion. (See attachment) Upon motion duly made and seconded it was voted to go into a public hearing to discuss the substitute motion. VOTE: Unanimous Lou Gonzaga said the people in neighborhoods should know if a shelter or other group housing is in their neighborhood. 7 i COMMONWEALTH OF MASSACHUSETTS : Barnstable, ss SUPERIOR COURT C.A. No. 2007-499 --------------------------------------------------------- ROBERT J. SPENLINHAUER, Trustee AFFIDAVIT OF TIMOTHY R. of C.C. Canal Realty Trust, O'CONNELL IN SUPPORT OF Plaintiff, DEFENDANTS BOARD OF HEALTH MEMBERS' V. AND TOWN OF BARNSTABLE'S STATEMENT WAYNE MILLER, M.D., PAUL CANNIFF, OF MATERIAL FACTS AND D.M.D., and JIMMY SAWAYANAGI, as LEGAL ELEMENTS IN they are Members of the BOARD OF SUPPORT OF DEFENDANTS' HEALTH of the TOWN OF BARNSTABLE, ) MOTION FOR SUMMARY and theTOWN OF BARNSTAB'LE, JUDGMENT AGAINST Defendants. PLAINTIFF ROBERT J. --------------------------------------------------------- SPE N LI N HAU E R, TRUSTEE TIMOTHY B. O'CONNELL, on oath depose and say as follows. 1. That I have been employed since September 22, 2006 as a full- time Health Inspector in the Town of Barnstable Health Division and have personal knowledge of the facts set forth herein. 2. On June 11, 2007, 1 was assigned to investigate a complaint from an individual who identified himself as Paul Kaneb of 165 Bayberry Way, Osterville, and stated that he observed between five and ten automobiles and one or two motor homes parked on property belonging to Robert J. Spenlinhauer at 828 Seaview Avenue, Osterville. 3. On June 14, 1 met with Mr. Spenlinhauer at 828 Seaview Avenue, who allowed me to inspect the property, and during the inspection I observed an outbuilding which is depicted in the photograph copies annexed to the affidavit of 20070115 oconnaffjp1eadsjtown2 f Donald R. Desmaris filed herewith. I observed a Jeep, boat, and yard tractor stored on the lower floor and six automobiles and two campers parked outside. 4. On June 27, 1 sent a letter of Mr. Spenlinhauer, a copy of which is hereto annexed and marked Exhibit "A, informing him that he had more than the number of vehicles allowed outside on his property under chapter 59 of the Code of the Town of Barnstable. 5. On August 3, 2007, 1 issued a notice to Mr. Spenlinhauer of violation of chapter 59 of the Code of the Town of Barnstable based on the excess number of motor vehicles kept on the property, a copy of which is hereto annexed and marked Exhibit "C." 6. 1 continued to receive calls most weekdays during the summer from Mr. Kaneb inquiring about the status of actions on his reports. 7. Between August 27 and 31, 2007, 1 also received calls from persons identified as Iris Stepia and William Weld regarding the number of vehicles at 828 Seaview Avenue, Osterville and the status of the Town's response. Signed under the pains and penalties of perjury this day of , 2007 TIMOTHY B. O'CONNELL 20070115 oconnaffjpleadsjtown2 Geller, Tom From: Houghton, 'David Sent: Wednesday, October 03, 2007 3:26 PM To: Geiler, Tom Subject: RE: Spenlinhaeur Suspension of Enforcement Yes -----Original Message----- From: Geiler,Tom Sent: Wednesday,October 03,2007 3:20 PM To: Houghton,David 4 Subject: RE: Spenlinhaeur Suspension of Enforcement David, are we to ask the Clerk of Courts to continue the hearing scheduled for tomorrow until the Sup Ct action is resolved? -----Original Message----- From: Houghton, David Sent: Wednesday,October 03,2007 3:04 PM To: Geiler,Tom; McKean,Thomas; Palkoski,Christine Subject: Spenlinhaeur Suspension of Enforcement Hi All: There was a copy of a letter in our mail today from Mr. Kaneb re a Dist.Ct. hearing the 11 th.- I hope I was clear that as part of the civil case we stipulated to suspend enforcement action including in the Dist. Ct, until the superior court case is resolved. If I wasn't, this should provide clarity. You can refer Mr. Kaneb to me on.this particular issue (suspension of enforce) if you want. 1 NOTICE TO COMPLAINANT APPLICATION No. Ti 0725 AC 003796 Trial Court of Massachusetts OF CLERK'S HEARING District Court Department �' DATE OF APPLICATION DATE OF OFFENSE CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 8/24/07 8/02/07 BAR67369 1 BARNSTABLE DISTRICT COURT_ LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (508) 375-6600 ROBERT J SPENLINHAUER DATE OF HEARING F 828 SEAVIEW AVENUE 10/11/07 MUST APPEAR AT OSTERVILLE MA 02655 TIME OF HEARING ABOVE,COURT ON 2 : 00 PM THI E DATE AND SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT MORSE, DETECTIVE RICHARD S. ���• FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application ill be dismissed. �17,2 DATEISSUED CLERK- 8/24/07 Robert E. Powers Clerk agls air, ATENCI6N: ESTE ES UN AVISO OFICIAL DE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUCCI6N. ATTENTION:CEOI EST LINE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ LINE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENCQAO: ESTE E UM AVISO OFICIAL DO TRIBUNAL,SE NAO SABE LER INGLE§,OBTENHA LIMA TRADUQAO. LUU-Y:DAY LA THONG BAD CHINH THUC CUA TOA•AN,NEU BAN KHONG DOC DUOC TIENG ANH,HAY TIlA NGU01 DICH H6. CH2 8/24/07 11:09 AM � 1 AT/05/2007 14:04 5084201536 ALBERT J SCHULZ EP PAGE 02/02 r cam, 4,,rf LAW OFFICES OF AL BERT J. SCHULZ WILLI,AM CFIARLFS PLACE 7 T'ARXER ROAD A?IIE: 'i.J. 5CTjCrI_7 OSTTRVI;i_LE, MA SS.ACI•IIJSF_TTS 02655-2034 MICRAEL F. rCHUI..7 ,rsch�t�::,;.r lilawofficcs.com Tr-T.r-:Nxovr(r_,6e)a2a-o9-p me61131z@ac1)u121mvofF1cc:.ccm RnCS.I?i[.T_F.:(C;08)4g0-133Gr 5, 2007 T i'aomas A.McKean ]Director of Public Health "f°own of Barnstable 2(11)Main Street iann.:s, MA 02601 ILE- 828 Seaview Avenue, Osterville,MA Our file: 22017 1a,:ar Mr. McKean: 1 an1 writing on behalf of my client, Robert Spenlinhauer,to request a,hearing before the E,,.ard of Health regarding a Notice to Abate Violations dated June 27, 2007. Kindly schedule us f - a hearing before the Board of Health,on July 17, 2007. As always,please do not hesitate to contact me should,you have any questions. V e ry Truly Yours, 0 �) /000 I1r['l.dhaeY F. Schulz Ca h[1'Sicv cn. ``' —71 C) N) v . w r— w m Citizen Web Request Page 1 of 3 Logged In As: Iuaid�y, Augui TOWN\,cont-eit Citizen Request Management Router S a.,�+_ ,.,,-t e w _ ,:C3 1.;��w:�- ..,f::<..�...,., F°,.c�.,.,..Si... Request Information Request ID: 21256 Created: 8/28/2007 10:50:46 AM Status: Assigned To Staff Assigned To: O'Connell, Timothy Health Office Anonymous: No Request Category: Chapter 170 : Housing Overcrowding edit _..____._....._...._._..__...-_.___..___.___.._._..............._..._..._.._._...... ___._..._. Estimated 8/30/2007 Change Estimated Jul August 2007 Sep Completion Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 Created By: Wadlington, Ellen Priority: Medium edit Health Office Citation Numbers: edit Request®r Information� Request _....__ ..... ........... _. Request Parcel Number i Map: Called and wanted to know why 114 Block: Lot.001 i002 the Chapter 59 ordinance is not being enforced at the above address. She is Parcel_Lookup. aware that there is excessive i overnight occupants and RVs in the yard. This has not been enforced since the BoH meeting. http://issgl2/intemalwrs/WRequest.aspx?ID=21256 8/28/2007 I ATTACHMENT E . (Affidavit of Health Inspector,Timothy O'Connell) i Attachment E COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: SUPERIOR COURT. C.A.No. 2007-499 --------------------------------------------------------- ROBERT J. SPENLINHAUER,Trustee AFFIDAVIT OF TIMOTHY R. of C.C. Canal Realty Trust, O'CONNELL IN SUPPORT OF Plaintiff, DEFENDANTS,BOARD OF HEALTH MEMBERS' V. AND TOWN OF BARNSTABLE'S STATEMENT OF MATERIAL WAYNE MILLER,M.D.,PAUL CANNIFF, FACTS AND LEGAL ELEMENTS D.M.D., and JIMMY SAWAYANAGI, as they) IN SUPPORT OF DEFENDANTS' are Members of the BOARD OF HEALTH of ) MOTION FOR SUMMARY the TOWN OF BARNSTABLE, and the . ) JUDGMENT AGAINST TOWN OF BARNSTABLE, PLAINTIFF ROBERT J. Defendants. SPENLINHAUER, TRUSTEE. i --------------------------------------------------------- . 1,TIMOTHY B. O'CONNELL,on oath depose and say as follows. 1) That I have been employed since September.22,2006 as a full-time Health Inspector in the Town of Barnstable's Health Division and have personal knowledge of the facts set forth herein. 2) On June 11,2007, 1 was assigned to investigate a complaint from an individual identified as Paul Kaneb of 165 Bayberry Way, Osterville,MA alleging there were between five and one or two motor homes parked on property belonging to Robert J. and ten automobiles Spenlinhauer at 828 Seaview Avenue, Osterville, MA. 3) On June 14,2007, I met with Mr. Spenlinhauer at 828 Seaview Avenue who allowed me to inspect the property, and during the inspection I observed an outbuilding which is depicted in a photograph, a copy of which is annexed to the Affidavit of Donald R. Desmaris filed herewith. I observed a Jeep,boat,ski-doo and yard tractor stored on the lower floor of the garage and six automobiles and two campers parked outside. [2007-0115\oconmffjp1eadsjtown4cgfn1] 1 Attachment E 4) On June 27,2007,I sent a letter to Mr. Spenlinhauer, a copy of which is marked. Exhibit"E-1"and annexed hereto, informing him that he had more than the number of vehicles allowed outside on his property under chapter 59 of the Code of the Town of Barnstable. 5) On August 3, 2007, I issued a notice to Mr. Spenlinhauer of violation of chapter 59 of the Code of the Town of Barnstable based on the excess number of motor vehicles kept on the property, a copy of which is marked Exhibit"E-2" and annexed hereto: 6) I continued to receive calls most weekdays during the.summer from Mr.Kaneb inquiring about the status of actions on his various reports to this office. 7) Between August 27 and 3.1, 2007, I also received calls from persons identified as Iris Stepia Weld and William Weld regarding the number of vehicles at 828 Seaview Avenue, Osterville and the status of the Town's response. Signed under the.pains and penalties of perjury this 13th day of December, 2007. \ 7 Timothy B.. 'Connell,Health Inspector Health Department, Town of Barnstable [2007-0115\oconnaffjpleadsjtown4cgfnl] 2 NAME OF OFFENDER TOWN OF ADD ES&OFO E DER BARNSTABLE CITY,STZI ODE �d 1 z GATE OFMIRT 4 F O�FFEN�DER •-0 �tME tp,. MiVAJOPERATOR LICENNSSE NUMBER MV/3B REGISTRATION NUMBER OFF+F7�N� SE BARNSTABLE. I f�/R ,{�{ /� +w/�� y� �j C It [_ �+• `'/ 4 k fie+ A[ l 4 of 1 1t1 tx VCG�tc�e5 v �aSep.Ve4j Pra?er4 wok a. C ) �roo:n TIME AND DATE OF VIOLATION LOCATION OF VIO•ATION W NOTICE OF (p`s (A.M./' )ON � 20 b QA vie e VIOLATION SIGN)TfgOFENFORCINGPER�0 ENFORCING DEPT, � BADGE NO. 1.61 OF TOWN I H-R'EBY AWOWLEDGE;RECEIPT OF CITATION X a ORDINANCE Unable to obtain�s ignature of often er. ,.3,, a THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ .D W Date mailed LU OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a. DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holid =' ' w a i ay s excepted, before:The Barnstable Clerk,230 South Street,,Hyahnis,,MA 02601 or,by:mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)ZAYS OF THE DATE OFTHIS NOTICE. �21 1If you desire to contest this matter in a noncriminal proceeding;you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST RNSTABLE-DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing.:. (3)If you tail to pay the above offense or fo request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due criminal.com"laint may be issued a ainst you. ❑ 1 HEREB�ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature '_ Y.° RICHARD S. LEGHORN 143 BAYBERRY WAY OSTERVILLE, MA 02655 508-420-3333 rsle Thorn c comcast.net July 10, 2007 Mr. Thomas Perry Mr. Jeff Lauzon Director—Building Division Building Division Town of Barnstable Town of Barnstable 200 Main Street 200 Main Street- Hyannis, MA 02601 Hyannis, MA 02601 CMr.—Tim O'Connell _.1 Sgt. Mark Mellyn Health Division Barnstable Police Department Town of Barnstable 1200 Phinneys Lane 200 Main Street PO Box B Hyannis, MA 02601 Hyannis, MA 02601 Dear Gentlemen: From Paul Kaneb I am familiar with the actions you are taking in regards to the infractions from the owner of 828 Seaview Avenue. While I also have been very concerned for some time, I have delayed taking any initiative because the owner has been making some improvements; clearly they are not sufficient. If you would like anything further from me, please feel free to contact me via dmail at rsle gh orn�comcast.net. C e Sincerely, CD C= > Richard S. Legho G N —' N RSL/kj Q' rn °FZHE T°wti Town of Barnstable Regulatory Services 9B` MASS. Thomas F. Geiler, Director 1639. 10 ArfO MAC A 200 Main Street Hyannis, MA 02601 www.town.barnstable.maxs Telephone: 508-862-4672 Fax: 508-778-2412 FAX TRANSMITTAL DATE: October TIME. TO: Kathy Schiavo, BPD FAX #: 508-790-0062 FROM: Lois Lomba Number of pages (including cover sheet): COMMENTS: Kathy, Per our conversation, please continue the Robert Spenlinhauer case on for 10/11/07, Docket #0725 AC 003796. Copy of Kaneb letter attached for Sgt. Caiado. All questions should be directed to David Houghton, Town Attorney. Thanks, Lois o ' q/consumer/Lois/cafonns/fax1.doc �0*1HE ro Town of Barnstable Barnstable Regulatory Services n„-ameflsacny + BARNSTABLE, * r v MASS. Thomas F. Geiler,Director 200 Main Street A FD MA'S A Hyannis,MA 02601 www.town.barnstable.ma.us 2007 Telephone: 508-862-4672 Fax: 508-778-2412 October 5, 2007 Mr. Paul D. Kaneb 165 Bayberry Way Osterville, MA 02655 Dear Mr. Kaneb: It is indeed our intention to follow up education efforts and warnings with vigorous enforcement. That is what we have done in the Spenlinhauer case. Mr. Spenlinhauer does not agree with our interpretation of this regulation and has asked the Superior Court to rule on this matter. 4 Mr..David Houghton, Assistant Town Attorney, is handling this matter_for the town. He has directed that no further enforcement activity take place on this matter until the Superior.Court decision is reached. This will result in the town requesting a continuance for the October 11, 2007 appeal hearing of Spenlinhauer relative to the citations issued by the Public Health Division. Respectfully, Thomas F. Geiler Director Regulatory Services } TFG/lfl q/loishegsvc/07Kaneb.doc pp 51D4i �RF�2 -XAIF b=I'- . SL1 4f1T. � - - — --- -- -- ---- Ilp gxiw6 Pr Ix/ 2 x• 6 m we clSc TI'r'sses � from 4-F.k • s'.Io• rz_o• ---- �_o --s--o - - �_: -- - �p X �.. ' � a2 xH I ..IZ 19yx11h22"�vt I: - cs /��S7 I — r conk. AW..I I A.yl: 12: a0 O - - t�sw9r�sW3— I------ A 131i �•LY �. evh4l%S ga�gge ,Aker/ arch's —--- - —--- 9: 1'4s COL 2X 6ox 2Z p F/ / , i i V U UL NE>•D[�A•MIG WI;I.YL µa.nea.Aeo.G CL) IV.. _ '�`, V .Ire (., b-,Otl lui�d/wJ .. J 'L� ! q-1��°�D.H.Doea /. IvM4y r Cr✓2y� «r well? A _. . - - •.A� ��.'V/4r .fln.drr 11F, I --_-_ _ -w .-. .--. ... 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F.b�IHSw1AE. ,_ n4 \ R.. Nt•...tv.1=.. L--- �-F ,� ff I I + � � ' T (srnrL•. dk.��Ya Mfr I 4r$t►INx.G• \ - iE-E.Fh�3?�' I � I I Fr✓;'.) ,..WALL,nfg f I 77 ^,+:t n'a Yi�'a NCEIoe] i0 r✓rs' I. CI 14r o — I �GTIoV y p �''ty�yv !c: _ - Pza penevS'R#sKie:Pare- EL-A. 1=ob k S E N /41S E2. R de AN �, 9 +': :.:' � '.: � .�_..., .. :..., ., � __..-ScnlE..i`/4 lto•�.'.�....' _ �TEfCJ1,lELE.�M r I &WIlCOx lu, ,� S -13 Y IA ENGINEE0.IN6 33 F3AY Y `ar ' HOME.E..PIANNING4OESIGN _ Ing 1r - .w.o w.iluf•n�iaEm g.,::tS.OS .R :n 3 Nutter Patrick M. Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com October 3, 2007 108175-1 Tom Perry, Building Commissioner By Hand Town of Barnstable 200 Main Street Hyannis, MA 02601 Charles McLaughlin, Assistant Town Counsel By Hand Town of Barnstable 367 Main Street Hyannis, MA 02601 Thomas McKean, Director By Hand Public Health Division 200 Main Street Hyannis MA 02601 Re: 828 Sea View Avenue, Osterville, Massachusetts Gentlemen: I am writing on behalf of my clients, Mr. Paul D. Kaneb and eight other neighborhood residents, with reference to the present and ongoing violation of the Town of Barnstable Zoning Ordinance occurring at 828 Sea View Avenue, Osterville, Massachusetts (the "Property"). These property owners have retained this firm to provide legal counsel relating to activities and violations associated with the above property. On June 27, 2007, the Board of Health ("Board ") issued a Notice to Abate Violations to the Property's record owner, Robert Spenlinhauer, citing a violation of Section 59-3(B) of the Barnstable Ordinances on the basis of direct observations and complaints concerning the number of ungaraged vehicles parked overnight on the Property. Chapter 59 provides in relevant part: "The maximum number of motor'vehicles that are permitted to be parked overnight, other than in a building, at any residential dwelling shall be equal to two motor vehicles for the first bedroom in a residential dwelling and one motor vehicle per bedroom thereafter." Ordinance § 59-3(B) (emphasis supplied). The term residential dwelling is explicitly defined as "[a] single unit providing complete independent living facilities for one or more persons, including provisions for living, sleeping, eating, NUTTER MCCLENNEN & FISH LLP *ATTORNEYS AT LAW 1513 Iyannough Road o P.O. Box 1630 e Hyannis, Massachusetts 02601-1630 m 508-790-5400• Fax: 508-771-8079 www.nutter.com l Tom Perry, Building Commissioner Charles McLaughlin, Assistant Town Attorney Thomas McKean, Director, Board of Health October 3, 2007 Page 2 cooking and sanitation." Ordinance § 59-2. In response to the Notice to Abate Violations, Mr. Spenlinhauer submitted a letter through his attorney, contesting the validity of the Board's efforts to exercise its enforcement authority and arguing that Chapter 59 does not apply to his use of the Property. We respectfully disagree. The Property, shown as parcel 001-002 on the Town of Barnstable Assessor's Map 114, is improved with a two-bedroom residential dwelling and a garage. Under the plain language of Section 59-3(B), of the Town of Barnstable Zoning Ordinance, no more than three (3) ungaraged vehicles may be parked on the Property overnight. According to observations and complaints from abutting property owners, as many as six, and on occasion even greater numbers of vehicles, have been parked outdoors on the Property overnight. The language of the Ordinance § 59-3(B) is clear and unambiguous on its face. As such, it must be enforced according to the plain meaning of its terms, construed in their ordinary and-usual sense. Framingham Clinic v. Zoning Bd. of Appeals of Framingham, 382 Mass. 283, 290 (1981) ("Where the language of a statute is plain, there is no room for speculation as to its meaning or its implication."). As a matter of well settled law, absent some ambiguity in the relevant provision of the Ordinance, the legislative history of its enactment has no weight or bearing on its application or interpretation. The persons responsible for drafting and approving Chapter 59-3(B) "must be presumed to have meant what the words plainly say . . .". Id. In summary, Section 59-3(B) clearly applies to the Property and is violated any time more than three vehicles are left parked overnight, ungaraged, thereon. Please feel free to contact me should you have any further questions or concerns regarding this matter. We understand that citations have been issued for the foregoing violation and that a Magistrate's hearing is scheduled in the Barnstable District Court on October 11'. Please be advised it is our intention to request permission to attend that hearing to insure the neighbors' observations and complaints are fully understood. Crocker, Sharon From: Crocker Sharon Sent: Tuesday, April 14, 2009 12:32 PM To: Bookbinder, Claudette d Subject: Legal Assistance Hi there, I have a legal request asking me to supply copies of records for Court. David Houghton reviewed some items with me and asked me to check with you for additional assistance. He mentioned you would have a specific Form the Courts require (and? Index lay-out of enumerating contents. He said that it will need a 3-ring binder and the final item in binder will be the transcript of minutes which he will add in. Wondering whether you might have a moment to review this procedure with me even though it doesn't fall under you. I have a board meeting today. Are you available some time in the near future? Thanks a lot Claudette. Sharon 1 .. LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD ALBERT J. SCHULZ OSTERVILLE, MASSACHUSETTS 02655-2034 MICHAEL F. SCHULZ aschulz@schulzlawoffices.com TELEPHONE(508)428-0950 mschulz@schulzlawoffices.com FACSIMILE(506)420-1536 October 15, 2007 Thomas McKean, Director Public Health Division LO � nn 200 Main Street DV Hyannis, MA 02601 Tom Perry, Building Commissioner 2007 Town of Barnstable LL--� 206 Main Street TOWN OF BARNSTABLE Hyannis,,MA 02601 CA/W8 M/I.ICEi�1SE/PAR I(/OR O-VIOL RE: 828 Sea View Avenue, Osterville, MA Gentlemen: I am writing on behalf of my client, Robert J. Spenlinhauer, in response to a letter written -,by.Patrick Butler regarding 828 Sea View Avenue, Osterville, Massachusetts. Unfortunately, Mr:Buie, is letter omits some pertinent information and fails to disclose the fact that his clients lack standing to offer testimony at any Magistrate or Superior Court hearing. As an initial matter, the Town of Barnstable is already doing an effective job enforcing its general ordinances, which includes Chapter 59. On July 17, 2007 Mr. Butler's clients attended the Board of Health hearing regarding 828 Sea View Avenue and voiced their opinion. At the conclusion of the hearing the Board of Health decided to issue a Notice of Violation of Chapter 59. Shortly after receipt of the Notice of Violation, my client filed a lawsuit in Superior Court and obtained a preliminary injunction enjoining the Town of Barnstable, its agents, servants, attorneys and deputies from issuing any further fines upon 828 Sea View Avenue during the pendency of the Superior Court case. In an agreement with the Town Attorney's Office, my client agreed to lift the preliminary injunction in name, but allowing it to remain fully effective in substance. Since this matter is in litigation and subject to an agreement during the course of litigation, Mr. Butler's comments as to the activities and violations at 828 Sea View Avenue are pointless. Additionally, Mr. Butler's clients are not"persons aggrieved" in this matter and therefore would lack the required standing by a court or tribunal. To be a"person aggrieved"one must be able to demonstrate, not merely speculate, as to the existence of an infringement of a legal right. See Marashlian v. Zoning Board of Appeals of Newburyport, 421 Mass. 719, 721 (1996). Here, Mr. Butler's clients can point to absolutely no infringement of a legal right. Without being able to point to an infringement of a legal right,they have no standing. I would hope the Town continues to keep this matter one of legal substance. As always, do not hesitate to contact me should you have any questions. Very Truly Yours, ichael F. Schulz MFS.jt cc: Thomas F. Geiler, Director of Regulatory Services T. David Houghton, Town Attorney's Office Patrick M. Butler, Esq. 2 lt1 r 03/'2S '2a0 11: 52 5094201536 ALBERT J SCHULZ EP PAGE. 03iO3 Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET# BACV2007-004'0 RE: Robert J. Spenlinhauer ,Trustee of C.C. Canal Realty Trust v Town of Barnstable TO:Mlchael F Schulz, Esquire Lava Offices of Albert J Schulz 7 Parker Road ©ster vii1e, MA 02655 PRELIMINARY INJUNCTION This action came on to be heard before the Court upon the return of an Order of NotiCE! to show cause why the application for a preliminary injunction should not be granted, and ivas argued by counsel; and upon consideration thereof, K is ORDERED and ADJUDGED that upon payment to the clerk of the sum of $90.00, the application under the prayers of the complaint is hereby granted; and the defendant, Town of Barnstable its agents, servants, attorneys and deputies are ENJOINED AND RESTRAINED from issuing any further fines upon the property iacated at 828 Sea View Avenue, Barnstable (Osterville), Barnstable County, Massachusetts, during the pendency of this action or until further order of the Court. Bated at Barnstable, Massachusetts this 23rd day of August, 2007. Christo her J. Muse Justice 01 BY: ... .................. .........k4-:- erk-Magistrate Telephone: (506) 375-6684 A ti ue copy, Attest: Clerk 1 McKean, Thomas From: Cynthia McGrath [cmcgrath@nutter.com] Sent: Friday, October 05, 2007 4:40 PM To: McLaughlin, Charles; McKean, Thomas; Perry, Tom Subject: Correspondence from Patrick Butler re: 828 Sea View Ave.,Osterville E� Untitled.pdf(109 KB) Please see the attached correspondence from Pat Butler regarding the above property. Please be advised that a hard copy will be hand delivered to you on Tuesday the loth. Thanks, Cindy This PDF file was created using the eCopy Suite of products. For more information about how you can eCopy paper documents and distribute them by email please visit http: //www.ecopy.com This Electronic Message contains information from the law firm of Nutter, McClennen & Fish, LLP, which may be privileged. The information is intended to be for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited. Circular 230 Disclosure: To ensure compliance with IRS Circular 230, we inform you that any federal tax advice included in this communication (including attachments) is not intended or written to be used, and it cannot be used, for the purpose of (i) avoiding the imposition of federal tax penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. c 1 DATE APPEARANCES BARNSTABLE FIRST DISTRICT COURT Notice Date: 12/3/2008 Files To: Kathy Schiavo (BPD) on 11/21/08 (for 12/5) 9:00 AM ARRAIGNMENTS and/or PTH Barnstable First District Court DATE OFFENDER BAR NUMBER ISSUING OFFICER 2:00 PM CLERK'S HEARINGS Barnstable First District Court DATE OFFENDER BAR NUMBER ISSUING OFFICER 11:00 AM SHOW CAUSE HEARINGS Barnstable First District Court (1st Friday of each Month effective 11/2/07) DATE OFFENDER BAR NUMBER ISSUING OFFICER 1215/08 Ian Garcia 76589 Williams 12/5/08 Paul Roser 67734 Keyes 12/5/08 John Wilson 76841 Karle 12/5/08 Christine Jenkins 76777 Lewis 1/02/09 Pamela Ale 70236 Tucker 1/02/09 Robert 67369 O'Connell Spenlinhauer 01/16/09 Michael Bricklin 76209/76210/76211/76212 Giangregorio q/loi s'caforms/co undateappear.doc Revised 2/20/07 r - 02/06/09 Michael Cavic 76770 Edson 02/06/09 Gary Framson 76790 Lewis 02/06/09 Dominic Gauthier 76833 Karle 08/07/09 Sheila Fowler 76779 Lewis Note: Please see Sgt. Caiado or Det. Morse @ 8:45 AM at Barnstable First District, Court Clerk's Office, for ARRAIGNMENTS or at 1:45 PM at Barnstable First District, Court Clerk's Office, for CLERK'S HEARINGS/SHOW CAUSE HEARINGS,to discuss case details. a q/I of s/caforms/courtdateappear.doc Revised 2/20/07 Page 1 of 7 Town of Barnstable " r Board of Health 200 Main Street,Hyannis MA 02601 • aAti*Maat.E MAS`u'. Qp s6gq. 1�� Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul J.Canniff,D.M.D. Junichi Sawayanagi BOARD OF HEALTH MEETING MINUTES Tuesday, July 17, 2007 at 3:00 PM Town Hall, Selectmen's Conf. Room 367 Main Street, Hyannis, MA A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on July 17, 2007. The meeting was called to order at 3:00 pm by Chairman Wayne Miller, M.D. Also attending were Board Members Paul Canniff, D.M.D. and Junichi Sawayanagi. Thomas McKean, Director of Public Health and Sharon Crocker, Division Assistant,were also present. I. Public Hearing: Proposed Regulation — Repair of Failed Septic System. The new regulation for the time limits allowed on repair of failed septic systems were read and approved. II. Hearing Housing (New): A. Nancy Jean and Michael Faria, 800 Bearse's Way, Unit 2WA, Hyannis - housing violation(s). Attorney Kelly Charlestown represented the management company of the condominium association. She explained that the owner Mr. Faria was held in contempt for not allowing management access to his unit. The condo association by-laws have a limit of 2 cats per unit allowed. Mr. Faria has a two bedroom unit with eight cats. Mr. Faria, upon stating he refuses to give up any of his cats, left the meeting. The surrounding units are complaining of ammonia/cat smell emanating up through their units. Dr. Miller suggests another attempt be made at direct discussions with Michael Faria and Nancy Jean to resolve the issue before bringing criminal charges. Timothy O'Connell, Town of Barnstable Health Inspector, agreed to give one more try for a direct conversation. If no cooperation, the Board of Health will pursue on a criminal basis. The Board of Health agrees to work with with the condominium association as much as possible within its jurisdiction. A motion was duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to have another attempt made to resolve the situation with one more direct discussion. (Unanimously voted in favor.) B. Ronald Bourgeois, owner of rental at 94C Sea Street, Hyannis - no oven provided. Page 2 of 7 Margaret Bourgeois was present and explained she does have a convection/microwave oven which meets the regulation. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted that this satisfies the requirement. (Unanimously voted in favor.) C. Donna and Jeff Weber, owners, 118 Scudder Avenue, Hyannis—owner requesting extension of deadline— no railings provided on deck. Donna and Jeff Weber do not want to encourage the tenants to use the upstairs as a deck and asked as a resolution, if they can have the upstairs door dead-bolted instead of building a deck with railings. The Board explained there may be two choices. One is to remove the door. Another may be to box the door in provided the Building Department permits this. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to grant an extension of 60 Days. They will check with the Building Dept. on boxing it in. (Unanimously voted in favor.) D. Fornanda McCarthy and Marlci Macedo, 11 Alicia Road, Hyannis— owner requesting hearing — removal of two bedrooms in basement. The Health Division received a complaint at this property for overcrowding. There were five bedrooms and the septic was only built for three bedrooms. The applicant said no one is using the basement area for bedrooms. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board agreed to give a 60 day extension and required the doorway of the former two bedrooms in the basement have the doorway increased to four feet. E. Michael Schulz representing Robert Spenlinhauer - 828 Sea View Avenue, Osterville — requested hearing regarding housing-parking. Neighbor, Paul Kanif, 165 Bayberry Way, Osterville stated there are too many cars at night at the property including two mobile homes, and asks the town-to enforce their parking ordinance. The home is only suppose to have two people per bedroom. Mr. Kanif finds it unsightly and says at least one of the mobile homes is plugged in with the air conditioner running all day long leading him to question whether someone is living in it. j The owner stated no one is living in it. Upon a motion by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to: (1) refer this to Town Council requesting an official .letter from the Town Council stating whether the parking ordinance applies to private residence (non-rental) for parking, and (2) the Board will issue a fine for non-compliance of the ordinance at this time. Unanimously voted in favor. PAUL D. KANEB 165 BAYBERRY WAY OSTERVILLE, MA 02655-2437 March 3, 2009 Mr.John C.Klimm Town Manager Town of Barnstable 367 Main Street Hyannis,MA 026oi Dear Mr. Klimm, I am very pleased that the Town of Barnstable prevailed in Barnstable Superior Court Civil Docket No. 0 7-499 (Robert J. Spenlinhauer, Plaintiff vs. Town of Barnstable, Defendant). On February 17, 2009,the Court entered the decision that Ordinance Chapter 59 is fully applicable to Mr. Spenlinhauer's property. I trust the entire enforcement machinery of the Town of Barnstable will now be mobilized and brought to bear on strictly enforcing that ordinance to .the letter of the law. One provision of that ordinance, among others, specifically provides (based on the 2 bedrooms in his residential dwelling) that no more than 3 ungaraged motor vehicles may be parked on the property overnight. I trust the Town through its Public Health Division issuing citations w/fines with respect to any future violations coupled with the support of the Police Department and Barnstable District Court will immediately remedy what has been permitted to exist to the detriment of an entire section of Osterville for such a long time. I wish to extend in advance my appreciation as well as 21 neighboring families'appreciation to you and all Town personnel for bringing this matter to this point with only the enforcement phase remaining. Very truly yours, Y . cc: Ruth J.Weil,Esq. James H.Crocker Town Attorney Town Councilor—Osterville Town of Barnstable Wianno Realty 367 Main Street 68 Wianno Avenue Hyannis,MA 026ol Osterville,MA 02655 i T.David Houghton,Esq. Thomas A.McKean First Assistant Town Attorney Director-Public Health Division Q Town of Barnstable Town of Barnstable f w' 367 Main Street 200 Main Street Hyannis,MA o26oi Hyannis,MA 026oi t C .0 1 CD Thomas F.Geiler Thomas]Perry Director of Regulatory Services Director-Building Divisi im Town of Barnstable Town of Barnstable `' 200 Main Street 200 Main Street Hyannis,MA 026oi Hyannis,MA 026oi R) w • CF'1 N 1"fl Wayne A.Miller,M.D. Jeffrey Rudziak Chairman of the Board of Health Director of Assessing 2231 Meetinghouse Way Town of Barnstable West Barnstable,MA 02668 367 Main Street Hyannis,MA 026oi Map Page 1 of 2 Town of Barnstable Geographic Information System Parcel Viewer F Custom Map Abutters Map Size l © Zoom Out D D 0 D D 0 flIn 1 A Pt.r R.a SnY ril - 114001001 g ' , aly ,� 1 , Y . LN 01, Yc �yyd{� , 4 F A�cir, t1]`"°-� � ✓r.a.. �y '. `�l.r ° `- - � ,I' Are �a t�' ! '�-�� - �'•`, i S t f �.. k� 1'xz#'" ry� .�a � i 1,711 114001002 p, Yy O.�ff pp v •� j'+� l 1 a i F•,a 114001003 •+ * h A` i 0 7 � IF � 4 ly,f •b •Y bT� ' q� " Set Scale 1 JApnl 2001 Hi Res _i-- I MAP DISCLAIMER r%nn—inht 9Onr-90N1A Tn-n nt Pnrnetnhlo KAA All rinhte r—r- http://www.town.barnstable..ma.us/arcims/appgeoapp/map.aspx?propertyID=114001002&... 4/16/2009 Map Page 1 of 1 Town of Barnstable Geographic Information System Parcel Viewer usto Cm Map Abutters Map Size 39 = Zoom Out ®� In r R y I ti i ® JPG Map: 114 114074 Location: 4 114071 O N 45 091007 N 5g Owner: 675 114070 114075 N40 N31 114001001 ° N qg Location In 091013 ? 114068 Map &Parce N 69 780 Location j 1t40o4 Acreage N 20 Current Ow 7A Mailing Addi ,114001002 E 114001003 -. "WR N828 114069 NsSo N8o0 Appraised I Extra Featur 090002002 4878 4 V >� p Out Building Land Buildings Total Apprai 113005001 N801 113004, ASS@SSed V 113003 N807 Extra Featur - 113002001 N 819 i C 113002002 g831 ' Out Building 15 feet N835 0 013 090003. N Land - Buildings Total Assess Set Scale 1" = 150 I Aerial Photos MAP DISCLAIMER .Copyright 2005-2008 Town of Barnstable,MA All rights reserved.Send questions or comm( .- BarnstableMA vl.2.3357 [Production] http://www.town.bamstable.ma.us/arcims/appgeoapp/map.aspx?propertyID=l 14001002&... 4/16/2009 General Code E-Code: Town of Barnstable, MA Page 1 of 2 Chapter 59: COMPREHENSIVE OCCUPANCY [HISTORY: Adopted by the Town of Barnstable 6-1-2006 by Order No. 2006-126. Editor's Note:This order also provided that its subject matter shall be examined by a committee appointed by the President of the Council before 10-1-2007,to report to the Council by 2-1=2008,with respect to any changes which may be deemed necessary or advisable. Amendments noted where applicable.] GENERAL REFERENCES Noncriminal enforcement of violations— See Ch. 1,Art.I. Rental property— See Ch. 170. Zoning— See Ch.240. Subdivision regulations— See Ch.801. § 59-1. Purpose and intent. The purpose and intent of this chapter is to guide growth in accordance with the local comprehensive plan, so as to promote beneficial and convenient relationships between the natural resources of the Town and its inhabitants, to address nutrient management and other environmental, he nd safe issues resulting from overcrowding in residential dwellings. f � ® o Ik § 59-2. Definitions. As used in this chapter, the following terms shall have the meanings indi ated: BEDROOM —A room providing privacy, intended primarily for sleeping and consisting of all of the following: (a)floor space of no less than 70 square feet; (b)a ceiling height of no less than seven feet; (c) an electrical service and ventilation; and (d)at least one window large enough to provide emergency egress. Living rooms, dining rooms, kitchens, halls, bathrooms, unfinished cellars and unheated storage areas over garages are not considered bedrooms. [Amended 10-19-2006 by Order No. 2007-033] OCCUPANT—Any person who has attained the age of 22 who has resided in a residential dwelling for any length of time. RESIDENTIAL DWELLING—A single unit providing complete independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation. § 59-3. Maximum number of occupants; maximum number of motor vehicles. A. The maximum number of occupants in a residential dwelling shall be determined by the number of bedrooms contained therein. A maximum number of two occupants is permitted for each of the first two bedrooms; for each additional bedroom a maximum number of one occupant is permitted. It shall be a violation of this chapter for any person in excess of that provided herein to occupy any residential dwelling. 4— B. The maximum number of motor vehicles that are permitted to be parked overnight, other than in a building, at any residential dwelling shall be equal to two motor vehicles for the first bedroom in a residential dwelling and one motor vehicle per bedroom thereafter. § 59-4. Exemptions. Children under the age of 22 shall be exempt from these provisions. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&Docld=15&Index=C%3 a%5cProgram%2OFiles%5 cdtS earc... 7/7/2009 General Code E-Code: Town of Barnstable, MA Page 2 of 2 § 59-5. Enforcement; violations and penalties. A. This chapter may be enforced by the Building Commissioner, or his designee, the Board of Health and/or its designees or the police. B. The owner, lessee or person in a position of control of any dwelling unit found in violation of this chapter shall be subject to a fine not to exceed $300. Each day of continued violation may be deemed to be a separate offense. C. This chapter may be enforced under the provisions of MGL c. 40, §21 D. The fine for any violation under the provisions of MGL c. 40, § 21 D shall be $100. Each day of continued violation may be deemed to be a separate offense. § 59-6. Severability; construal of provisions. A. Each provision of this chapter shall be construed as separate. If any part of this chapter shall be held invalid for any reason, the remainder shall continue in full force and effect. B. Nothing herein shall be construed as allowing for more bedrooms in any residential dwelling than are otherwise permitted by any state or local law or regulation governing health and safety. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&Docld=l 5&Index=C%3 a%5cProgram%20Files%5cdtSearc... 7/7/2009 McKean, Thomas I From: McKean, Thomas Sent: Tuesday, July 07, 2009 4:09 PM To: Miorandi, Donna Subject: Ticket Please issue a $100 ticket to the owner of 828 Sea View Avenue. The wording shall be as follows as per David Houghton: Seven motor vehicles parked outside overnight, only three vehicles allowed (two bedroom property). The date shall be: June 26-27, 2009. Please write is out and wait until tomorrow to send it out after we hear from David Houghton. r 1 Page 1 of 2 Geiler, Tom From: PAUL D. KANEB [paul.kaneb@gewarren.com] Sent: Friday, May 01, 2009.10:54 AM To: wiannore@verizon.net; Geiler, Tom Cc: istepanian@aol.com; rsleghorn@comcast.net; RSL Assistant; H Davenport; P Walker; R Farm; Napone; Daniel Lynch; Marie Kalat; ritzyweld@aol.com; Dawn; apetry6374@comcast.net; Petry, Paul; Ruddick Scott; K whitte; tsaraceno@saracenproperties.com; Corson; J; atilt@beaconwp.com; capecolman@comcast.net;jillkaneb@yahoo.com Subject: .ENFORCEMENT re ROBERT J. SPENLINHAUER at 828 SEA VIEW AVENUE, OSTERVILLE Importance: High s Jim Crocker and Tom Geiler, Good morning! Below please find a very disturbing email I received yesterday from my neighbor, Ira Stepanian who is the former CEO and Chairman of BankBoston.To start,we spent$21,808.70 to be exact with the law firm of Nutter McClennen & Fish LLP in supporting the Town of Barnstable's successful effort confirming the applica- bility of Ordinance Chapter 59 to Spenlinhauer's Osterville property. How can one defiant neighbor destroy the quality of life and property values of upwards of 50 other neighbors? Spenlinhauer's property is a repulsive junk- yard for anyone driving by or living across from to view. Today is May 1st.We need action immediately.All the reasons for inaction up until now do not satisfy my irate neighbors as well as me.The Town has to get underway _ issuing daily citations,fines, etc.Why is the Town afraid to enforce its own laws?You can say what you want but the emperor has no clothes or the dog is all bark and no bite. To my neighbors and me,the Town appears power- less.Spenlinhauer has made fools out of the Town of Barnstable and all of his neighbors.This is clearly a case of rewarding egregiously bad behavior of one neighbor to the detriment of many law abiding neighbors. I cannot impress enough upon you and all of your colleagues in the Town of Barnstable that time has run out and we have lost all our patience. This cannot be pushed around the plate any longer. Please share this entire email with John r Klimm, Town Manager, and Dr. Miller, Chairman of the Board of Health.Jim and Tom,very simply it's Showtime! Hi Paul, I hope you get this before you leave Florida because I do not have the e-mail.addresse of the townspeople that I wanted to send.this to and hope that you could forward this to them. This past weekend I went to our Bayberry Way home for an overnight and saw, once again,the blight at the end of our street. The "old staples" of two RV's, a boat and trailer, a backhoe and 2 cars next to the smaller of the two RV's were there in their usual places in the morning,during the day and and at night. ` In addition, as usual,there were 5 or 6 additional vehicles parked there in the morning and at night when 5/4/2009 Page 2 of 2 we returned home after dinner. Those cars, SUV's and small pickups are also usually there regularly but are sometimes in different places. All in all there were 9 or 10 vehicles there day and night---all parked outside. As we know, when the garage door has been open there are vehicles parked inside as well. I, like all the other neighbors are sick and tired of having to put up with the cavalier attitude demonstrated by those folks and the apparent thumbing their nose at the neighbors as well as the town, knowing that they are, and perhaps hoping that they may continue to be, scofflaws with no regard to just plain decency not to mention their continuation of their law-breaking actions during these past 2 or 3 years. I sincerely hope that the Town moves aggressively to require them to clean up their act and their property post haste,just as we keep up our properties. We all pay our taxes in the belief that we will be represented by the Town when someone's illegal actions impinge on our rights. See you soon! Ira 5/4/2009 _ Commonwealth of YMassachusetts � County of Barnstable The Superior Court Civil Docket BACV2007-00499 RE: Spenlinhauer Trustee v Barnstable et al TO: T David Houghton, Esquire 367 Main Street New Town Hall Hyannis, MA 02601-3907 CLERK'S NOTICE This is to notify you that in the above referenced case the Court's action on 11/17/2009: RE: MOTION; plaintiff's to stay pending appeal,: memorandum in support, affidavit, defendants 17m i ted oppos i t.7 on is as follows: Motion (P#23) ALLOWED as to stay and upon payment of$90.00, preliminary injunction to issue enjoining deft., from enforcement of Chapter 59 of the Code of the Town of Barnstable except for non criminal enforcement pursuant to GLc-. 40 Section 21 D pending appeal (Robert C. Rufo, Justice) Notices mailed 11/24/2009 Dated at Barnstable,_Massachusetts this 24th day of November, 2009. Scott.W. Nickerson, Clerk of the Courts BY: Nancy N. Weir. Assistant Clerk Telephone: (508) 375-6684 Copies mailed 11/24/2009 _.. _. II{{ IIII TOWS.! L r: eA ��l `1 Af31 (= Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at(617)788-8130 -- rvare5u1t_2.WPa 645155 motallow higsinbo COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT DEPT . CIVIL ACTION NO. 2 -499 ROBERT J. SPENLINHAUER, Trustee of C.C. Canal Realty Trust, Plaintiff, V. WAYNE MILLER, M.D., PAUL CANNIF, D.M.D., and JIMMY SAWAYANAGI, as they are members of the Board of Health of the Town of Barnstable, and TOWN OF BARNSTABLE Defendants. 4UDGMENT (Pursuant to Mass. R. Civ.. P. Rule. 56) This matter having come before the Court on Defendants' Motion for Judgment on the Pleadings, Motion to Dismiss, and Motion for Partial Summary Judgment, as well Plaintiffs' Motion for Summary Judgment, and the Court having granted-Defendants' Motion for Summary Judgment and denied Plaintiff's Motion for Summary Judgment by Memorandum of Decision and Order on Defendants'Motion for Judgment on the. Pleadings, Motion to Dismiss, and Motion for Partial Summary Judgment and the Plaintiffs Motion for Summary Judgment, dated February 17, 2009: DECLARED IT IS HEREBY @ ED=A€>=A4):K4PGED=as follows: I. Judgment for Wayne Miller, M.D., Paul Cannif, D.M.D., and Jimmy Sawayanagi, as they are members of the Board of Health of the Town Of Barnstable, and the Town Of Barnstable declaring that Chapter 59 of the Code of the Town of Barnstable is valid and enforceable. By the Court, Justice of Superior rourt Dated: // a A true copy, Attest: cu C �, D 2 10985:001\514055v.1 Town of Barnstable �pFTHE Tp�� Barnstable OFFICE OF TOWN ATTORNEY AH-AmedcaMW * BARNsrABLE, =MASS. 367 Main Street 9 CO,ori639' ago Hyannis MA 02601-3907 eor zoos RUTH J.WEIL,Town Attorney Tel.#: 508-862-4620 T. DAVID HOUGHTON, 1st Assistant Town Attorney Fax#: 508-862-4724 CHARLES S. McLAUGHLIN, Jr.,Assistant Town Attorney CLAIRE R. GRIFFEN, Paralegal/Legal Assistant PAMELA D. GORDON, Legal Clerk Inter-office Memorandum To: Tom McKean, Public Health Director From: T. David Houghton, 1st Assistant Town Attorney Date: November 18, 2009 Subject: Spenlinhaeur Appeal Enforcement Our File Ref: 2007-0115 Mr. Spenlinhaeur is going to appeal the judgment in our favor under chapter 59. The court has enjoined us from enforcing criminally during the appeal but not non-criminally. So, if you have to enforce, it must be limited to non-criminal proceedings (tickets). That includes tickets that aren't paid (wait until the appeal is over if it's in our favor). This just applies to the vehicle part of chapter 59. In fact, if you have to enforce anything, contact me first. Any questions in the meantime, contact me also. Thanks. /tdhTDH:pg cc: Tom Geiler Town Councilor James H. Crocker, Jr. Thomas Frisardi, Esq., Attorney for Plaintiff 20070115 tom mckean memo enforce appeal 1 TOWN OF BARNSTABLE `LOCATION SEWAGE # NMLAGB dS C�v�1�� ASSESSOR'S MAP&LOT INSTALLER'S NAME&PHONE NO. (60f�-O 513v�'A J)CO SEPTIC TANK CAPACITY �s�d LEACHING FACILITY: (type) —� GO Cg Izf 9�i� (size) NO.OF BEDROOMS rr t BUILDER OR OWNER. ° E��.l i n 1�P}Qc tZ- PERMITDATE: Y 'l COMPLIANCE DATE: I�y Separation Distance Between the: Maximum Adjusted Groundwater Table and Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility (If any wells exist on site or within 200 feet of leaching facility) Feet `Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet Furnished by49 r I C� 17 a bo r z ASSESSORS MAP NO: I No. -' / �C� ` pp 41 0 / a Fee:.., ✓I- THE COMMONWEY►R�`vF' PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE., MASSACHUSETTS 01pprication for Mizpaar *vme ri Cow5tructiun permit Application is hereby made for a Permit to Construct(V or Repair( )an On-site Sewage Disposal System at: Location Address or Lot No. Owner's Name,Address and Tel.No. B249 G.Af. 34P4W4141N,4uE2 /7z ova -i &OY RZ . AtH. o Z/BL Installer's Name,Address,and Tel.No. Designer's Name,Address and Tel.No. 60/VS /.18 F9GHovTl .PP-"AMNP£I /1q B2G49 -477-7Z'7Z Type of Building: Dwelling No.of Bedrooms 4 Garbage Grinder( ) Other Type of Building RWS1Jb4S4c6 No. of Persons B Showers( ) Cafeteria( ) Other Fixtures Design Flow 440 gallons per day. Calculated daily flow 416D gallons. Plan Date 4V£, 19 9 T' Number of sheets / Revision Date Title 65P77G SYS7"61-1 S'6�{V/E4) AyE. , OS7E.�PyILt.� Description of Soil Nature of Repairs or Alterations(Answer when applicable) PU rYP d F!L 4 C6.SSPOd z.. Ro5P46NCE 4)/7H 7-/7 G 6 _1X- c4es PT/C SYS i E�'J Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been,rsed' this B �jo Heal Signed /'�6 Date C� Application Approved by Application Disapproved for the following reasons P e n n i t No. `�/ Date Issued �! f,� .�''•.. .r r..r.. . ,.. f .. .- ..,�` .ai•i' w.c1`.P,.ra.,,V;1,-^..t-...-.;-•Ya+i�� ., Tt � _ _ i..Kr-rrs�"^. ....�++...�.vm- . No THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLEs MASSACHUSETTS . 0[ppfication for Xigpogal 4pgtem Congtruction Permit Application is hereby made for a Permit to Construct(✓ior Repair( )an On-site Sewage Disposal System at: i Location Address or Lot No. Owner's Name,Address and Tel.No. Sze S'E�'�t rI+/ C ./"/. a S�'CRv�G c t• /Yf7. /%2 04D -R eH ,Z) , �`9/LToN, iyt7, 0 218G ,i `Installer's Name,Address,and Tel No. Designer's Name,Address and Tel.No. ry C,7FG C /S4,YVOS C AJCe„ez /✓�9ff.A A�t� r M9SNPG c, rat/ 0264,9 9 77• 7 Z'7 Z Type of Building: Dwelling No.of Bedrooms - ;Garbage Grinder( ) Other Type of Building 2E /DEticE No.of Persons 8 Showers{ ) Cafeteria( ) ' Other Fixtures r# f" Design Flow -4 40 gallons Sper day. Calculated daily flow 4 b ly gallons. Plan Date A?V 16'• r/9 9 5 Number of sheen / Revision Date Title $EP77C. SYS7Er/ 0,=147 A7D6 t? BZB foA y/Ecc� AIrE. OSTE�Py/,LL4; Description of Soil \ a t Nature of Repairs or Alterations(Answer whefi applicable) /aU C-/e!G C`'.SSrPdd4-1 .PEP4�9C6 4ji7'1� *:'?'i7'� e� -'' LS PT/C SYS-7-e" Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and.not to place the system in operation'until a Certifi- cate of Compliance has been 's ed this B / o Hea Signed / o%c C�o2 vr�r v Date ! "'" `1/-lam Application Approved by' - ....`. Application Disapproved for the following reasons ' Permit No. Date Issued ———— - — --———————— THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION BARNSTABLE, MASSACHUSETTS Certificate of Compliance t THIS IS TO CERTIFY,that the On-site Sewage Disposal System installed( )or repaired/replaced(�on X1 by for as has bee cons tructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit No. datedfl i jam' Use of this system is conditioned on compliance with the provisions set forth below: IND _._ No. /!/�W Fee H .•f-41 THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE, MASSACHUSETTS ;Migpooal *pgtem1� Cop5trurtlo ermit, Permission is hereby granted to to con truct(� epair( On-site Sewage System ocated at and as described in the above Application for Disposal System Construction Permit. The applicant recognizes hiyher duty to comply with Title 5 and the following local provisions or special conditions. 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V x 0 W O O O NQ Za 2 <e RARE M 4'CROWJJ MIUG. v ?W f 01180H O �10 I`BUILT-OUT.RARE.\/4'CROWN MLDG. ��VER KF U. O I.G RA FRIEZE BOARD o rl O \upi , p o �. G.5 DECORATIVE BLOCKS®3G'0.0. ASr,nAlr RooF snlNCl-es- W o m ¢ O TYPIC I = i PELLA DOUBLENUNG L: U '` ID.C P WHERE 5NIO CUM..HT./T,O.PLi.r DORMERS ' MID.GAP WHEP,E SHOWN 4'CKOWIJ MOULDING OVER WIND.HEADER 1,6 t IxlO FRIEZE BOARDS -- __ - 1 x5 BUILT-OUT RAKE V1/4'CROWN MLDG. ' 1,8 FASCIA BOARD ON I .OVER 1.G RAKE FRIEZE BOARD _pill,height®layer wing - e'ROOF OVERHANG Ix 10 FRIEZEBp. 12 �4.5+/- IxB PARE WI.1.3 TRIM IxB FASCIA BD, SECOND FLOOR m Ix 10 FRIEZEBD. DE PERGOLA WHO.HEADERS 10 floor.m,R,ht. 0 N . L OA OA OA OA lo'D1acowMNs � . - AROUlID P.T.POSTS ' Ir81"1 CORNER BO. FIRSt FLOOR .. 3 BLUE STONE CAP FIELD 5TONE VENEER ON - - CONCRETE PORCH LANDING t STEP TO GRADE - LEFT SIDE EL-EVATI,O:N cn Z' o g Of 0 o I I LU 1 RARE.1 4-CROWN MLDG. .ON e'O.H.OVER,-FRIE2E BD. - 1.8 BUILT-OUT RAKE W14-GROWN MLDG, O O OVER 1,G RAKE FRIEZE BOARD - - AIASONRY CHIMNEY 4%—HE VENEER O DECORATIVE BLOCKS®3G'O.C. - A5PHALT ROOF 51110I6IE5 �' -• - 4-CROWN MOULDING OVER- - I.G t I x 10 FRIEZE BOARDS 7 O __1 CLNG.HT./i.O.PLT.p 00R_MERS - W WHO.HEADER - 12 10 L.C.M 1•8 FA5CIA BOARD ON OVER 1,G PARE FRIEZE BOARD ® 8-ROOF OVERHANG O•/ER� W IxB BUILT-OUT RARE Y/4'CROWN - � I,10 FRIEZE BD. Q plate hei9hf•x dining room w'ng ,w 1,8 FASCIA BOPROON II� 5-ROOF OVERHANG OVER 12D �( -ROOF DECK: 7 '. 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BOLT5 fA MAX.32-O.C.t 6'.12'FROM O FIRST FLOOR L go w ENDOFPI Pco ATPS.USEX,3'r1/4' WTE p p -- Y' 6 FBGL,IlISUL, WASHERS,BOLT EMBEl1TNIEFIT URN,7' m -- 2)1 314"X8 12'LVIL U BLUE STONE CAP OII yl-I�-.'�' •1' 4'-I I' x817CORHERBD. _ CRAWL SPACE w comcF,ETE POI;cn swB -III— I- a :III-III_ 8'THICK.4O'HIGH POURED CONCRETE F POUIJDATION%V LL 01J B'x 1 G'COftnt10005 CL r ll I II CONCRETE FOOTING •- L--J 2'GONCRETE 3U5T CAP FO N ATI 40'WALL T OUC IVe RIGHT S I D E ELEVATION DATE: oe/zB/20,0 DROPT.O.WALL 1 TO RECEIVE PORLM COIJL.BLAB DROP T.O.WALL 12'BELOW MIAIIJ PND.WALL 14'-0' PROVIDE 4'WIDE 5HELF T 5U OF FOUNDATION VENEER EER SCALE: AS NOTED TO 5UPPOP,T STOlIE VENEF.P, 1/4"=F T S5 SECTION THRU CONNECTOR @ PANTRY DRAWING#: A 5 1/4"=r-Y' A5 - 9 x q 2 m N 22 COUL14•LVL RIDGE BFUM ,N., Z NO (2) LOLUR TIES @ I 6'O.C. Q MAIN PO In OP-2.I a ROOF RAFTERS @ I a-O.L. W/1/2'CDX.PLNWD.5HEAMING t A5FHALT ROOF 5HINGLES $j O Q Z ID 2x10RIDGE BOARD C� O W O Q II II II II III II II III 2110 RIDGE BOARD u1 Z @ GABIE DORMERS-2.6 ROOF KAFTEK5 @ 16 O.C. I I II I I I ®GABLE DORMERS-2.D ROOF RAFTER5®I I.O.C. ti M 1/2-COX.PMVD.5HEATHING I I I I I W 1/2'COX.PLnt•D.5"—HING Z H . - II II II II IIILAY ON LEDGERS(ON FAT) II I I I I II - J_W p 2x9 CEIUNG JOISTS @ 16'O.C. _ II I I I PBGL.INSUL. T) I II I II I 2 8 CEILING'JOI5T5 @ 16'O.C.W%FBGL INSUL. e U . Cing.ht./t.O.plt.@ dormers I b 10 CEILING.J015T5 @ 16'O.C. MEN lm� I cing.ht./t—plt.@ dormers O N mrdow header height (2)1 Wl X 11 114-ivi NOR/ I \ O rO`t _ (2)1 WFI11114•LVLMDR wind..header height y, x 6 // / IBEDROOMI BATH BEDROOM \\ ` `6' J U - - t0 // \ \ 3/4-T4GPL-D.5U5FLOOKON 9 1/2'AJ5 20 PLR.J5T5 @ I C'O.C. SIMPSON H 2.5A CLIPS TO - \ ALUMINUM GUTTERS ON - ` HALL 9'9'H.KNEE WALL _ I x6 FA5CIA BOARD ` second floor - cona floor W Bx2B STL.BM. t e ' 2.4 BEARIIIC WALL B'RDDP OVERHANG L/SOFFIT VElIT l - window header. ` - 2. - S EATMINL5l SLWI/2 PLYWD - ri 5114-r5GL HOUSE WRAP t w C. N m _ 5HINGLE5 0 5'EX105URE MASTER I � - PELLA DH WINDOW ZZZ di PELIA FRENCH DooR i BEDROOM WALK IN CLOSET BATH n I I To OK ON U. - LWEN WC 9 1/2-AZ 20 FIX.JB5T5 @ 9-O.C. first floor first floor- W 8X24 STLBM.�- - W 12X40 STL.BM. - �L—i 6'FBGL,INSUL - _ _ —III_ IJ I I_ .. NIL• I a' =III— P T.2,651U PUTS WW1 S/B'ANOHOR �U I111 BOLT5@NWT.?O.O.t G-12•FROM '.• END OP PUTES,151313'x1/4•PUTS FULL BASEMENT hill WA5NI VOLT EMBENTMFNTMN 7- - - RED CO THICK x OU HIGH PN WALL _ _ - CONCRETE FOUNDATIONWALL ON TE I o",20•courll luous CONCRETE FoomlG 4.4,M T5C ON 4'-1 G'CONIC.FOOTING WI#5 KOD5 @ G.O.C.I EACH WAY q'THICK CONCRETE 5UB FLR, OVER,6 MIL POLY VAPOR BARRIER 12 40'_0' (2)1 L4••R-lVL RIDGE BEAM MAIN ROOF-2x12 ROOF RAFTERS.@ L O.C. IO� -2x4 LOLUR nEs @ 16'O.C. Z W/1/2'LD%.PLriVD.SHEATHING t ASPHALTROOF SHIIJGIES ' S1 SECTION THRU BEDROOMS&BATHS Ln C > - 2.10 RIDGE BOARD 2.12 RIDGE BOARD A 6 1/4"=1'-0" w II II II II II. -II ,II II II II II II II II II II II II 2x l O ROOF RAFTERS @ 1 G•O.c. @ GABLE DORMER5-2xB ROOF RAFTERS @ I C'O.L. - I II II I I I I II - I I 'M 1/2'LDX.PL-D.9HEATHIIJG 'M 1/2-COX.PLYWO.SHEATHING II.- 2+B LAY ON LEDGEPS(ON FIAT) t ASPHALT ROOF sHll1GLE5 II' II. II. II II "p, a II II II II II II II II II II - - 2x6 CONING JOISTS @ IG•O.0- II II II II II II II II II 'II II II II —CEILING J015T5 0 iG'O C.W/FBGL.IH5L. I FBGL.1115UL. In t../t.o. It. dormers \ II p II 9' p @dormers L g'" _p @ 2x 10 CEILING J015T5 @ I6.0.0. - n ht./t— It ` WndoW header height (2)1314•x 11114'LVL NOR - \ - _ (3)1 3/4'X 11 LVL MDR o1 \ \ w WIn ACW header height @ foyer - / / (4)1 314•x 11 1/4•LVL NOR \ \ _ FOR CEILING'4 ROOF 5UPPORT \ \ - PELU DH WIIIDOW / - / // plate height mtoyer - W 5f/-FBG sTLJD _6.. / - LIBRARY BALCONY 2 - W 51/4'PBGL. OU I/2'PLVWD. / \ \ Qq.S 2xe P.O OF RAFTERS @ 16'O.C. SHINCI-L IG,5-UP 5U t W.L. / 14'-S' \ \\ _ _ - SHINGLES @ 5'EXPOSURE 51 \ \ 2:G CEUNG J015T5 19'O.L. _ 1 second floorBEDROOM - - \\ \ ® - _, \ SIMPSOF n 2 SA CUPS cond floor 'ALUMINUM GUTTERS O (211 3—xO 1/2'LVL HEADER— W BX28 STL.BM. — ————— ----1 (3)2r10 HEADER � _J I.B FASCIA BOARD i i _ < � J _ I I PORCH II N 3/4-rtG PLnw.5UBFLOOK ON = _ W 10•DIN F.T.F 5 � a 9 I/2'AJS 20 FLR.JSTS @ 16.O.C. � � C AROUND P.T.POSrS . dT - - N I.- AT au Posrs-m. FAMILY ROOM HALL FOYER j 4a4 P.T.P05T5 Wr G I IMP A P AP t 4 5 9OnN BU44 05T C PELU FF,ElICH DOOR � I - - 4 • I TO 5/8 ANCHOR POL T BASE i - TO 5/B"ANCHOR BOLT EMBEDDED IN CONCRETE a ' first floor __ first floor - ISY L W B124 STLSM.� W 12.40 STL.BM. < - Z 6"PBGL,INSUL. _ BOL 5 @MAX 3?E O G/B 6 NCHOpRp M � L: I III BLUE STONE CAP ON _ m W END OF PUTE5,U5E 3"13'x 1/4'PLATE - - JI CONCRETE PORCH 5UB �w w SHER5,BOLT EMBENTNT IT MIN.T 1111 1L 12 THICK x 40'HIGH CONCRETE Y/ v! POUT IDATION WALL TO RECEIVE POP,CH'CONC.SUB - F O'THICK x 9'0•HIGH POURED DROP T.O.WALL 12•BELOW MAIN IND.WALL CONCRETE FOUNDATION WALL ON FULL BASEMENT FIR VIDE 4•WIDE 5HELF - W - 10'x20•CONTINUOUS CONCRETE POOTIIJG @ TOP OF FOUNDATION WALL • 3 I/2'DNA.STEEL ULLV - 6'-4' TO 5UPFORT 5TONE VENEER - H 4•THICK CONCRETE 5UB PLR. COLUMIIS ON 44x I/4 T5c ON 4-4 I6•CONC.FOOTING - Q OVERG MIL POLY VAPOR BARRIER 12•,30,30'CONC.FTG. W/#5 RODS G'O.C./EACH WAY ll f @ _ DATE: 06/28/2010 SCALE: AS NOTED 14'-5° I'-10' 16'3° S? SECTION THRU FOYER, FAMILY ROOM&LIBRARY 2� az'-6• A 6 1/4"._1.-0" DRAWING#: - A6 - 9 6 4 - _ ° pp R i� M; 79 R w0-o ? O bi nP O ND 0 ;O Tf`` 111_ -III ' =III-III— c II-III-III D � V A M, C �N „ O m e o Z a > t z q z p z 3 C 1 cc oma Z N r1 ,NNo U� 0Om 0 rF "(j FM1 o m� -III-ffI II �or F Ao II -a n ac c II o➢ om� lilqqs ° o oq� o no - o o m ooa opo o IIII o o Sm o o o�E bu of n o'oo�' O S 0 °00 O. 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DRAWN BY: ? - Pill D m (508)4284219 y N m SPENLINHAUER RESIDENCE FAX(508)4284295 �t o 828 SEA VIEW AV., OSTRERVILLE,MA - - 0 - ARCHITECTURAL INNOVATIONS TITLE: A DIVISION OFAI ENTERPRISES,INC. o SECTIONS p.O.BOX 2056,COTUIT,MA 02635 "$ 80 o . 4.0 D mN col N O r O .> 0 a p m z. 8x2f STEEL BEAM os C7 `m9. � b O Z o m; o v -n m O "s V d ky m m r DN z - xN'o 'z a k d kW O mro O D. ~OEn m m m 9 _ C� p o . '1 2 n 1 m F. � D o r D o$ o� 0 W 8.24 STEEL BEAM z -i z s m ZA �� ao �; 0 m se T m Z < _ N 0 O< m Z r _ O N is a 0 DN Dy m m �A z O N �95 S nPy y �\+0 m y / cn cl �? o o ¢,Q o� - � wa�oo� ear 410, i 5a ��� � p� o n n PROJECT: _ - REVISIONS: DRAWN BY: 1 . roll D > m (508)4284219 Z > SPENLINHAUER RESIDENCE FAx(508)4284295 � II zz 828 SEA VIEW AV., OSTRERVILLE,MA - " - m c o TITLE: ARCHITECTURAL INNOVATIONS SECOND FLOOR FRAMING PLAN. - A DIVISION OFAI ENTERPRISES,INC. P.O.BOX 2056,COTUIT,MA 02635 f - AP.EA OF FLAT CEILING BELOW o ( - a (3)1'3/4"xl11/4"LVL,. .+. (3)113/4'M 11/4"LVL - oo O m r 2x10 RIDGE BOARD-£ _ a v n x_ - D w _— 2x10 RIDGE BOARD I v '3Cd Fee esy a � @ o Ir - p I - oQ_ se 11 _ o O — — (3)13/,Tx111/4"LVL (3)]1 3/4Nl Tl 4"LVL - i D -n (4)M 3/4"xl1 1/4"LVL :Cl m b Q (3)1 3/4"x 1/4 L - O zo:. ° O N $ � m OT o O o >. D N m 2x12 RIDGE BOARD $ — - � a°° a 2xlG RIDGE BOARD m _ O cl m o o. _ _ e m _ _ a1 o 6 Q y - I ° - D o (3)1 3/4'xl1 l/4'LVL m r ly Z r� O re .. 'BUILT OUT RAKE la ° O m (3)1 4"x111 "LVL O - o D 2+8 D T. . o ( 'e - tie�e .m m .. o O o N fn v.y 712xl. IDGE BOARD — m O D N z d .12 RIDGE BOARD O 1p - s (3)I1 4"xl1 1J4"LVL - o y ' `08 - La L euaT OUT P.rc O I T 1 ` d le i i i r fn ITs of i C rJ r -w d PROJECT: -- - - REVISIONS: DRAWN BY: i D m (508)4284219 FAX!^ Z F, m SPENLINHAUER RESIDENCE (508)42&4295 u o 828 SEA VIEW AV., OSTRERVILLE,MA ,"02 IT ARCHITECTURAL INNOVATIONS O TITLE: _ - A DIVISION OF At ENTERPR15E5.INC. ROOF FRAMING PLAN P;O.BOX2056.COTUIT,MA02635 i SHEARWALL HOLDDOWN SCHEDULE: SECOND FLOOR HOLDDOWNS: o� O (I)-CS 16 COIL STRAPS W/(26)I Od(0.148"x 3"LONG)NAILS WHEN - STRAP IS APPLIED OVER PLYWOOD SHEATHING(15"MIN.STRAP W END LENGTH AT EACH END OF STRAP)OR(30)8d(0.131 x 2}"LONG) NAILS WHEN STRAP IS APPLIED DIRECTLY TO 2X FRAMING - - - MEMBERS.(17"MIN.STRAP END LENGTH AT EACH END OF STRAP). PROVIDE HALF OF THE REQUIRED NAILS SPECIFIED ABOVE AT EACH END OF STRAP. (IF STRAP IS LOCATED AT EXTERIOR WALL, GENERAL STRUCTURAL NOTES: GENERAL STRUCTURAL NOTES: (CONT'D) SHEARWALL SCHEDULE: CONTINUE STRAP TO SINGLE STUD IN FIRST FLOOR WALL IFTHERE _ - 1S NO SHEARWALL BELOW,THE DOUBLE STUDS AT END OF THE SHEARWALL IN FIRST FLOOR WALL BELOW,OR WRAP THE STRAP ' 1.ALL CONSTRUCTION IS TO BE IN ACCORDANCE WITH THE. - WALL,FRAMING UPLIFT CONNECTIONS:. .WALL'TYPE SCHEDULE: AROUND THE HEADER.BELOW. PROVIDE HALF OF THE REQUIRED - MASSACHUSETTS STATE BUILDING CODE FOR ONE-AND TWO-FAMILY - NAILING AT EACH END OF THE STRAP.) DWELLINGS,SEVENTH EDITION(780 CMR),AND ALL AMENDMENTS, 1.ATTACK EXTERIOR WALL STUDS TO THE DOUBLE TOP PLATE AT THE 11"PLYWOOD- EDGES BLOCKED WHICIi IS BASED ON T}IE 2003 INTERNATIONAL RESIDENTIAL CODE. ROOF WITIi(1)TSP CONNECTOR AT 32"O.C. PROVIDE(9)-10d x 1 1 NAILS 32 ( ) O (2)-CS 16 COIL STRAPS W/(26)IOd(0.148"x 3"LONG)NAILS WHEN 8d COMMON OR GALVANIZED BOX NAILS @ 6"O.C.EDGES AND I 2 TO THE STUD AND(6)-10d NAILS TO THE DOUBLE TOP PLATE. STRAP IS APPLIED OVER PLYWOOD SIEATHING(I5"MIN.STRAP 2.THE WIND DESIGN CRITERIA FOR THIS BUILDING IS IN ACCORDANCE 12"O.C.FIELD. CONNECTOR TO BE APPLIED DIRECTLY TO 2X FRAMING. NOTE:NOT END LENGTH AT EACH END OF STRAP)OR(30)Sd(0.131.2}"LONG) WITH AMERICAN FOREST AND PAPER ASSOCIATION(AF&PA),"WOOD REQUIRED WHEN USING H2A CONNECTOR PER NOTE7,"ROOF FRAMING NAILS WHEN STRAP IS APPLIED DIRECTLY TO 2X FRAMING fTl FRAME CONSTRUCTION MANUAL FOR ONE-AND TWO-FAMILY CONNECTIONS". I'"PLYWOOD-(EDGES BLOCKED) MEMBERS.(17"MIN.STRAP END LENGTH AT EACH END OF STRAP). F+I DWELLINGS(WFCM),AND THE"MINUMUM DESIGN LOADS FOR BUILDINGS NAILS SPECIFIED ABOVE AT COMMON OR GALVANIZED BOX NAILS @ 3"O.C.EDGES AND PROVIDE HALF OF THE REQUIRED W AND OTHER STRUCTURES(ASCE7-02). THE BASIC WIND SPEED FOR THE. 2.EXTERIOR WALL STUDS ON SECOND FLOOR TO BE ATTACHED TO Sd 8d O.C.FIELD. EACH END OF STRAP. (IF STRAP LOCATED AT EXTERIOR WALL, (TI DESIGN OF THIS STRUCTURE 1S 110 MILES PER HOUR WITIi EXPOSURE STUDS ON FIRST FLOOR ACROSS SECOND FLOOR RIM BOARD IN(1)CS 16 CONTINUE STRAP TO DOUBLE STUD IN FIRST FLOOR WALL IF. CATEGORY'C'.. COIL STRAP W/ (14)10d NAILS(7 NAILS AT EACH END OF STRAP)WITH A THERE IS NO SHEARWALL BELOW,THE DOUBLE STUDS AT END OF - STRAP CUT LENGTH OF 18"+THE CLEAR SPAN ACROSS RIM BOARD. ,'L",PLY WOOD-(EDGES BLOCKED) THE SHEARWALL IN FIRST FLOOR WALL BELOW,OR WRAP THE 3.THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING TI-IE LOCAL STRAPS TO BE SPACED AT 32"O.C.(EVERY OTHER ER STUD).STRAP IS NOT 3 8d COMMON OR GALVANIZED BOX NAILS @ 2"O.C.EDGES AND - -STRAP AROUND THE HEADER BELOW. PROVIDE HALF OF THE. W( ` E t' - BUILDING OFFICIAL FOR THE STRUCTURAL.FRAMING INSPECTION(S). IF REQUIRED AT SHEARWALL HOLDDOWN LOCA"PIONS. CS 16 COIL STRAPS � 12"O.C.FIELD.FRAMING AT ADJOINING PANEL EDGES SkIALL.BE REQUIRED NAILING AT EACH END OF THE STRAP.) THE BUILDING OFFICIAL REQUIRES THAT THE INSPECTION(S) BE TO BE APPLIED OVER PLYWOOD SHEATHING. 3"NOMINAL OR WIDER AND NAILS SHALL BE STAGGERED. 1 COMPLETED BY THE ENGINEER OF RECORD,THE CONTRACTOR SHALL CONTACT THE ENGINEER OF RECORD 24 HOURS PRIOR TO THE TIME WHEN 3.ATTACH FIRST FLOOR STUD TO RIM BOARD WITH(1)CS 16 STRAP AT - FOUNDATION HOLDDOWNS: O �' THE INSPECTION(S)IS TO BE PERFORMED. THE CONTRACTOR SHALL 32"O.C:AND PROVIDE(6)10d NAILS TO STUD AND(6)IOd NAILS TO RIM NOTE:FOR INSURE THAT ALL STRUCTURAL MEMBERS AND.CONNECTIONS ARE BOARD.ATTACH RIM BOARD TO FOUNDATION SILL PLATE WITH (1)DSP ABOVE,8d COMMON PLYWOOD SHEARWALL TYPES 1,2,AND 3 LISTED COMMON OR GALVANIZED BOX NAILS=(0.131 x 2}"). 1 a VISIBLE FOR INSPECTION.IF DURING THE INSPECTION,ANY PORTION OF CONNECTOR PER 32".D.C. GUN NAILS MATCHING THE NAIL DIAMETER AND LENGTH MAY BE I-IDU5-SDS2.5 W/SSTB24 e u"DIAMETER ANCHOR BOLT W/CNWS THE STRUCTURE IS DEEMED NOT VISIBLE OR IS INACCESSIBLE FOR ALTERNATE STRAP USED AS A SUBSTITUTE. O COUPLER NUT BETWEEN SSTB24 AND g'THREADED ROD INTO INSPECTION, FINAL APPROVAL OF THE ENTIRE STRUCTURE WILL NU 1 BE - HOLDOWN. POSITION SSTB24 W/ANCHORMATE TO - GIVEN UNTIL THIS CONDITION IS CORRECTED AT THE CONTRACTOR'S A)ATTACH FIRST FLOOR STUD TO RIM BOARD WITH(1)CS 16 STRAP AT FORMWORK PRIOR TO CONCRETE POUR FOR CORRECT NO REVISION/ISSUE DATE EXPENSE. - - 32"O.C.AND PROVIDE(6)10d NAILS TO STUD AND(6)IOd NAILS TO RIM - PLACEMENT. BOARD. WRAP STRAP UNDER FOUNDATION SILL PLATE AND OVERTOP - 4.ALL WOOD CONSTRUCTION CONNECTORS AS SPECIFIED ON THESE - OF SILL PLATE. FILL ALL HOLES IN STRAP ON TOP OF SILL PLATE. CONSTRUCTION DOCUMENTS TO BE SIMPSON STRONG-TIE IN - - ACCORDANCE WITH CATALOG C-2009:IT IS THE RESPONSIBILITY OF THE '- - - HDU8-SDS2.5 W/SSTB28_�"DIAMETER ANCHOR BOLT W/CNW s 4.CONNECTORS AND STRAPS AS,SPECIFIED ABOVE FOR UPLIFT SHALL - - ® - CONTRACTOR TO INSTALL ALL CONNECTORS IN ACCORDANCE WITH PROVIDE A CONTINUOUS LOAD PATH FROM THE ROOF'TO THE - - - COUPLER NUT BETWEEN.SSTB28AND 8"THREADED ROD INTO - - MANUFACTURER'S SPECIFICATIONS.. .FOUNDATION. - HOLDOWN. POSITION.SSTB28 W/ANCHORMATE TO PROJECT ADDRESS: ' - - FORMWORK PRIOR TO CONCRETE POUR FOR CORRECT' - - 5.ALL ENGINEERED LUMBER PRODUCTS TO BE TRUS JOIST OR EQUAL - - PLACEMENT. - 828 SEAVIEW AVE. S.CONNECTIONSFORWALLOPENINGELEMENTS-(REFER TO DETAIL2-WF) - SOLE PLATE CONNECTION SCHEDULE: OSTERVILLE,MA ' INSTALLED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS - 14EADER SIZE HEADER TO JACK STUD JACK STUD TO SOLE PLATE CONNECTION TO FLOOR RIM BOARD ' L=1'-O"TO 4'-0" (1)LSTA 9 (1)SP4* - ® HDU8-SDS2.5 W/I"THREADED ROD THROUGH PARA.LLAM _ ROOF FRAMING CONNECTIONS: L=4'-1"TO 6'-0" (2)LSTA 9 (2)SP4* WALL TYPE SOLE PLATE CONNECTION TO RIM BOARD BEAM.BELOW.USE 3"X3"X#"PLATE WASIIER AND 2'NUT TO l.ATTACH OPPOSING RAFTERS AT THE RIDGE OVER THE TOP OF THE L=6'-1"TO 8'-0" (2)LSTA 12 - (2)*SP4*. CONNECT HOLD DOWN TO BEAM. - - � � RIDGE WITH(1)LSTA 18 TENSION STRAP AT 16"O.C.STRAP TO BE L 8'-1"TO 10'-0" (2)LSTA 15 (2)SPH6* (3)-16d COMMON NAILS PER 16". - - INSTALLED OVER ROOF SI'IEATHING INTO RAFTERS W/10d COMMON - L=10'-l"TO 16'-0" (2)ST2122 (2)SPH6* - 1 I HDUIi-SDS2.5 W/SBIX30 I"DIAMETER ANCIIOR BOLT W/ NAILS,TO RAFTERS.(REFER TO DETAIL I-RF) *ALTERNATE:THE CONNECTOR (4)-16d COMMON NAILS PER 16 - CNW I"COUPLER NUT BETWEEN SBIX30 AND I"THREADED .- SHOWN FOR THE JACK STUD TO SOLE ROD INTO HOLDOWN. POSITION SB1X30 W/ANCHORM.ATETO. 2.ATTACH THE END OF EACH(1 RAFTER OO THENEC DOUBLE TOP PLOTS OF PLATTHE CAN K S BE SUBSTITUTED WITH TI1E SAME CONNECTOR SHOWN FOR - - FORMWORK PRIOR-TO CONCRETE POUR FOR CORRECT - THE EXTERIOR-WALL WITH(t)E12.SA CONNECTOR. CONNECTOR TO BE THE JACK STUD TO HEADER. ATTACH CONNECTOR WITH HALF OF THE (3)-SIMPSON SUS25312(4"x 3Z")WOOD SCREWS PER 16". PLACEMENT. APPLIED DIRECTLY TO 2X TOP PLATES ON'OUTSIDE FACE OF WALL. REQUIRED NAILS TO THE JACK STUD AND HALF'OF THE REQUIRED NAILS - - ALTERNATE:USE(1).1-12A FROM EVERY RAFTER TO WALL STUD BELOW. TO THE SECOND FLOOR RIMBOARD OR FOUNDATION RIMBOARD. TSP CONNECTOR PER NOTE'P,"WALL FRAMING UPLIFT CONNECTIONS" CONNECTOR TO BE ATTACHED DIRECTLY TO 2X FRAMING AND CONNECTION TO CONCRETE FOUNDATION IS NOT REQUIRED WHEN USING(1)E12A AT EVERY RAFTER - RIMBOARD.ALTERNATE CAN NOT BE USED WHEN SOLE PLATE IS ATTACHED DIRECTLY TO FOUNDATION STEM WALLOR CONCRETE SLAB. - - - 3.BLOCKING TO BE PROVIDED ABOVE THE DOUBLE TOP PLATE OF THE NOTE: SILL PLATE CONNECTION TO CONCRETE EXTERIOR WALL AT THE ROOF WITH ROOF SHEATHING NAILED TO THE DIA.ANCHOR BOLTS AT 32"O.C. 'BLOCKING AT 6"O.C. PROVIDE'V'NOTCH IN BLOCKING TO PROVIDE A.HEADERS FOR DOORS AND WINDOWS TO HAVE(1)H8 CONNECTOR AT .A�AAA 1/C 77 - ADEQUATE VENTILATION AS REQUIRED. BLOCKING TO BE ATTACHED THE TOP AND BOTTOM OF ALL CRIPPLE STUDS. NOTE:.ANCHOR BOLTS REFERENCED ABOVE TO BE-y`"DIAMETER A307 IyI C,K:,E N L I-E, DIRECTLY TO DOUBLE TOP PLATE OF THE EXTERIOR WALL W/(()RBC CONNECTOR. STEEL ANCHOR BOLTS WITH 3"x 3"x 1 PLATE WASHERS WITH 7" LEGEND: B. HEADERS 4'-V AND LARGER REQUIRE(2)JACK STUDS AT EACH END OF THE FIEADER. MlN1MUMEMBEUMENT INTO CONCRETE. - 'ENGINE RING - CONS II ' 4.PROVIDE 2X BLOCKING AT THE RIDGE BETWEEN ALL RAFTERS AT THE � - - � � � � ' ',LTANTS141 EDGE OF THE ROOF SHEATHING. ATTACH SHEATHING TO BLOCKING W/ C.PROVIDE(1.)A23 CLIP ON THE TOP OF ALL HEADERS AT EACH END OF SHEARWALL TYPE' 8d NAILS AT 6"O.C. RIDGE BLOCKING IS NOT REQUIRED WHEN HEADER TO THE KING STUD ADJACENT TO THE OPENING. - I279 MILLSTONE RD. SHEATI-IING IS ATTAC-IED DIRECTLY TO A RIDGE BOARD OR - - - - STRUCTURAL RIDGE BEAM. D.PROVIDE(1)SSP FROM EACH KING STUD TO DOUBLE TOP PLATE OF O SHEARWALL GRIDLINE BRE WSTER 353 ,MA r 44 THE WALL,WITH(3)10d NAILS TO DOUBLE TOP PLATE AND(4)-40d NAILS TO KING STUD. FOR CS 16 STRAP SIZE REFER TO NOTE"2"ABOVE.FOR SHEARWALL CONSTRUCTION: _ FLOOR FRAMING CONNECTIONS: FIRST FLOOR HEADERS PROVIDE(1)CS 16 FROM EACH KING STUD TOSHEARWALL THE FIRST R - OI HOLDDOWN TYPE S 00 RIM BOARD. FOR CS 16 STRAP SIZE REFER TO NOTE 4 I.ALL S14EARWALLS TO.HAVE DOUBLE TOP PLATES AND DOUBLE.2X I.PROVIDE 5}"x 9'}"PARALLAMS UNDER ALL INTERIOR SIiEARWALLS ABOVE. - C) MARK A. WHEN THE SHEARWALL IS PARALLEL TO THE FLOOR JOIST FRAMING STUDS AT EACH END OF WALL.(UNLESS NOTED OTHERWISE) A N ® r I DIRECTION. IF CS IG COIL STRAPS ARE SPECIFIED AS EIOLDDOWNS AT E.KING STUD TO RIMBOARD CONNECTION SPECIFIED IN NOTED'ABOVE -SHEARWALL HOLDDOWN MICI'\Eh �E r1+ -3 2.FACE NAIL DOUBLE TOP PLATES W/16d NAILS AT l6"O.C. USE(8)-16d THE END OF THE SHEARWALL,WRAP THE,STRA P(S)AROUND THE 5;"x 9} IS NOT REQUIRED WHERE A SHEARWALL IJOLDO WN IS ADJACENT TO - �> ``�_ m Q NAILS AT EACIi SIDE OF LAP SPLICES IN TOP PLATES. SHEARWALL"PARALLAMS,AND PROVIDE FIALF OF THE TOTAL NUMBER OF NAILS THE OPENING. � SPECIFIED INTO THE LVLS. REFER TO THE HOLD DOWN DESCRIPTIONS 3.NAILING FOR PERFORATED SEIEARWALLS TO BE CONTINUED ABOVE FOR SIMPSON HDU HOLD DOWN CONNECTIONS TO IST FLOOR BEAMS F.SILLS FOR OPENINGS LESS THAN 4'-0"WIDE REQUIRE(1)A23 CLIP AT AND BELOW ALL OPENINGS IN SHEARWALL. PERFORATE SHEARWALL. CONTINUE PLYWOOD ABOVE THE BOTTOM OF THE SILL PLATE TO TIi E KING STUD AT EACH END OF AND BELOW OPENING WITH NAILING ACCORDING'f0 /+ 2.ATTACH THE DOUBLE TOP PLATE OF THE FIRST FLOOR EXTERIOR THE SILL PLATE. FOR OPENINGS4'-0"AND LARGER,PROVIDE(2)A23 4.ATTACH DOUBLE 2X STUDS AND BUILT-UP-COIZ ER STUDS AT. �SPECIFIED SHEARWALL TYPE, r�.T� - WALL TO THE SECOND FLOOR RIM BOARD WITH(1)LTP5 CONNECTOR AT CLIPS AT EACH END OF THE SILL PLATE ON TEIE TOP AND BOTTOM OF SHEARWALL ENDS WITH(2)16d NAILS AT 6"O.C.OR SECOND FLOORs��(dA In 24"O.C.OR W/(2)IOd TOE NAILS PER THE SILL PLATE. SEEARWALLS AND(2)16d NAILS AT 4"O.C.STAGGERED FOR FIRST -}Q{ XJ #OF KING AND JACK STUDS REQUIRED AT WALL OPENING '""- -L 3.ATTACK TI1E FIRST FLOOR RIM 130ARD TO THE FOUNDATION SILL FLOOR SEIEARWALLS - PLATE WITIi(I)LTP5 CONNECTOR AT 24"O.C.OR W/(2)10d TOE NAILS 5.REFER TO HOLDDOWN SCHEDULE FOR TIE DOWNS AT SHEARWALL PER 12". ENDS. - - JOB#: 10-065 SIi EE1': DATE: 03/11/10 C 1 SCALE: NONE - -I TRIMMER STUDS KING STUDS MODEL NO. DIA. MIN.EMBED. MIN.REBAR LENGTH BUILT-UP CORNER STUDS MODEL NO. DIA. MIN.EMBED. MIN.REBAR LENGTH(PER PLAN) .(NAIL PER eI ). - f;, (PER DETAIL.e) f„ 50„N,F SST646 5/8 12 50" SSTB16 5/8 12 _ OPENING I I SSTB20- 5/8 16 58" SSTB20 5/8 16 F" - 58„ CSI6.STRAP 1^L SSTB24 5/8 20F" 66" I SSTB24. 5/8 20s" - 86" (PER GSN) SSTB28 7/8 24 2" 74" _ SSTB28 7/8 24 - 74" _ SSTB34 7/8 28 2" 82" SSTB34 7/8 28 2^ SB1x30 1 24" 96" Ii DU 14OLDOWN 82 SBIx30 l 24" - 96" [L..DU FIOLDOWN CS I6 STRAPI •NOTE:#4 REBAR TO BE CENTERED ON HOLDOWN AND (PER GSN) • - 'NOTE:#4 REBAR TO BE CENTERED ON HOLDOWN ANDREADED ROD LOCATED 3"TO 5"DOWN FROM TOP OF FOUNDATION WALL THREADED ROD LOCATED 3"TO 5"DOWN FROM TOP OF FOUNDATION WALL PER SIMPSON MANUFACTURER'S SPECIFICATIONS. PER SIMPSON MANUFACTURER'S SPECIFICATIONS. LTP5 - LTP5 W (PER GSN) V - n .a 45° -� d `(PER GSN) ' JL a , ° -_..-_ _. -_" en °.a _ #4 REBAR* SSTB HOLDOWN ANCHOR v CNW COUPLER #4 REBAR' v DSP(PER-GSN) (PLACE SSTB ARROW "SSTB I10LDOWN ANCIiOR EDGE DISTANCE S O v N TOP OF ANCIiOR. H u .d -POSITION IN WALL PER 1.75"FOR 2X4 WALL d F' DIAGONAL IN CORNER 3 TO 5 d #4 REBAR - 3"TO 5 #4 REBAR p 0 d 'a d. SIMPSON MANUFACTURER'S 2.75"FOR 2X6 WALL d''v" z APPLICATION) SILL PLATE J vDSP d CNW COUPLER:ANCHOR SILL PLATE BOLT SPECIFICATIONS. SILL PLATE. w _ (PER GSN) v ANCHOR BOLT" v(PER GSN) v . d (PER GSN) : . SSTB HOLDOWN QN ANCHOR d EDGE DISTANCE d d SSTB 1.75"FOR 2X4 WALL HOLDOWN ANCI-10R MIN.REBAR LENGTH d 2.75"FOR 2X6 WALL MIN.REBAR 1 HOLD DOWN @ PLAN VIEW 2 HOLD DOWN @. PLAN VIEW MIN. HD xD WINDOW OR DOOR OPENING HD EXTERIOR BUILDING CORNER BUILT-UP CORNER STUDS MODEL NO. DIA. MIN.EMBED. MIN.REBAR LENGTH - - - (PER DETAIL. 1 ) WE J ssrH16 s/s 121" So" 2x4 WALL 2x6 WALL - // SSTB20 518 16'° 58" SSTB24 5/8 20 f" 66" - -6"O.C., 4"O.C. ." 6x6 DOUG.FIR POST 6"O.C. 4"O.C. r l ^ SSTB28 7/8 24 " 74" .. SSTB34 7/8 - 28 - 82 7+++ + +_+. +HDU I10LDOWN SBlx30 I 24" 96" ++ + +.. + + ° -NOTE:#4 REBAR TO BE CENTERED ON HOLDOWN AND - + �' �' O CS16 STRAP I I HOLD DOWN HOLD DOWN LOCATED O TO 5"DOWN FROM TOP CI FOUNDATION WALL + - 44 T� a (PER GSN THREADED ROD �(PER PLAN) ++ - + PER PLAN +j++ u V 1PER SIMPSON MANUFACTURER'S SPECIFICATIONS. - p ( ) - - MIN.REBAR LTP5 #4 REBAR' A - NO REVISION/ISSUE DATE (PER GSN) PLAN VIEW - ELEVATION VIEW PLAN VIEW ELEVATION VIEW ". - - Y NOTES: NOTES: R GSN) - G G'Y _ 3"TO 5" O.REBAWtR 1.ATTACH STUDS AT BUILT-UP.CORNER TOGETHER WITH(2)ROWS 1.ATTACH STUDS AT.:BUILT-UP CORNER TOGETHER WITH(2).ROWS dA '- : - OF 16d(0 162'x�3.5")NAILS AT 6"O.C,FOR2ND STORY SHEARWALLS: 'OF-l6d(0:162`x 3.5")NAILS AT 6"O.C,FOR 2ND STORY SHEARWALLS.'EDGE DISTANCE SILL PLATE COUPLER. v .. 1.75"POR 2X4 WALL 2' A HSTUDS PROJECT ADDRESS:ANCFIORBOL . d. 2.75".'FOR 2X6 WALL .' ''e .ATTACH AT BUILT-UP CORNER.TOGETHER ER WITH(2)ROWS 2:.ATTACH STUDS AT BUILT-UP CORNER TOGETHER WITH(2)ROWS ; , (PER GSN) SSTB HOLDOWN ANCHOR . ,. ) lrtrc ySN' � "' OF 16d(0.162"x 3.5" NAILS AT 4'O.C:STAGGEREll:FOR 1ST STORY OF l6d 0.162"x 3.5")NAILS AT 4"O:C:,STAGGERED FOR IST STORY - - � 828 SEA VIEW AVE. - v v SSTB HOLDOWN ANCHOR SHEARWALLS. SHEARWALLS. OSTERVILLE:MA '(PLACE SSTB ARROW F ANCHOR 3 HOLD DOWN @ DIAGONON TOP AL INCORNER PLAN VIEW I BUILT-UP CORNER HD INTERIOR BUILDING CORNER APPLICATION) WF END OF SHEARWALL ROOF SHEATHING ROOF SHEATFIING EDGE NAILING - - .j ROOF RAFTER - - - LSTA STRAP @ 16"O.C. - - 2X BLOCKING BETWEEN PER PLAN - - - (PER GSN) ' .. RAFTERS(NOTCII FOR VENTILATION IFREQUIRED. - - - - � ROOF SHEATHING - - REFER TO ARCHITECTURAL EDGE NAILING - - PLANS FOR MORE INFO.) (7)-IOD NAILS - @ EACH END - - - .,+-}+'+-F+-I- +++�'+�-+ `DOUBLE 2X TO PLATE - ��pAA CC 1 3'733 - - • - ROOF RAFTER PER PLAN.(REFER - / M C. L N.L 3 ,. SEE ALTERNATE TO ARCHITECTURAL PLANS FOR RAFTER DIMENSIONS AND EAVE ENGINE��IN.; ROOF RAFTER PER PLAN DETAILING) / 112.5A(INSTALL PRIOR TO ., - CON S 111A�1TS. ALTERNATE ATTACK OPPOSING RAFTERS - J// BLOCKING AND PLYWOOD - - 4,«,y�,� •,A� BELOW RIDGE BEAM OR RIDGE BOARD - DOUBLE 2X TOP PLATE SHEATHING).ALTERNATE: - '�2X STUD - - 1279.MILLSTONE RD. WITH 2 x 4 COLLAR TIE AS SHOWN.RIDGE 112A - BREWSTER,MA " j, STRAPS NOT REQUIRED WHEN USING A BEAM TSP(INSTALL PRIOR TO (774)353-2144 COLLAR TIE. - (IF SHOWN ON PLAN) RBC(INSTALL PRIOR TO PLYWOOD SHEATHING) f E - WALL SHEATH T ON NOTE:NOT REQUIRED IF - TOP OF DOUBLE 2X TOP F12A IS USED AT EVERY rW(�F p•,aN PLATES,PROVIDE 90° � •(S' •`' STRUCTURAL RIDGE BEAM HRUF RAFTER TO TOP PLATE BEND TO BLOCKING) RAFTER. ` sy o fl/9CFt�Ps �� R A uu �^ sS�C3PlAL ��G b ) JOB#: 10-065 SHEET: DATE: 03/!I/10 s I . - SCALE: NONE OPTION#1 HEADER SIZE OD OE OF L= F-0"TO 4'-0" (1)LSTA 9 1 SP4 (1)SSP (1)A23 G O PER KING (1)A23 OF EACH CRIPPLE STUD 1 SSP C C O NOTE:FOR HEADERS LOCATED 1=d'_1°TO 6'_0!' (2)LSTA 9 (2)SP4 PER KING (1)A23 (2)A23 DIRECTLY BELOW DOUBLE TOP : (1)CS 16-(6)8D NAILS PLATES,STRAP HEADER TO (1)SSP! EACH END OF STRAP TOP PLATES WITH(1)CS 16 L=6'_1"TO 8'-0" (2)LSTA 12 (2)SP4 PER KING PER EACH KING STUD (1)A23 (2)A23 PER 16"WITH(4)8D NAILS I� (SEE NOTE W) I EACH END OF STRAP.BEND iz E - (1)SSP.F STRAP OVER TOP PLATES I� L=8'_1!'TO 10'_0" (2)LSTA 15 (2)SPH6 PER KING (1)A23 (2)A23 AS REQUIRED. ' - ALTERNATE:ATTACH EACH RAFTER TD HEADER WITH HEADER(PERPLAN �- �� (1)SSP L=10�_ B 1 TO 16 0 (2)ST2122 (2)SPH6 PER KING (1)A23 (2)A23 �— A A W OPTION#2 Q l HEADER SIZE OA ® rr� OD OE OF GO h�i WINDOW/DOOR OPENING - - (1)-CS 16 L=1'-0"TO 4'-0" W/(5)8D (1)SSP I (1)A23 (1)A23 (1)H8 TOP/BOTTOM, FF++Wii EACH END PER KING OF EACH CRIPPLE STUD (2)-CSI6 ,(1)SSP--` NOTE FOR HEADERS LOCATED �--I L=4'-1°TO 6'-0° W/(5)8D (1)A23 (2),A23 ` _ EACH PER KING DIRECTLY BELOW DOUBLE TOP_ ]' .. _ H E -(6)8D NAILS PLATES,STRAP HEADER TO u 1 - F �+ (2)-CS 16. SEE NOTE'3' (1)SSP EACH END OF STRAP TOP PLATES WITH(1)CS 16 U '. L=6'-1"TO 8!-0" W/(6)8D PER KING PER EACH KING STUD (1)A23 (2)A23 PER 16" WITH(4)8D NAILS W s EACH END - (SEE NOTE W) EACH END OF STRAP.BEND Q ' " ' " -(2)-CS 16 D (1)SSP I A23 2 A23 STRAP OVER TOP PLATES r L=c4-1 TO 10-0 PER KING O O AS REQUIRED. Cr^�1 04 - EACH END ALTERNATE:-ATTACH EACH Al-SPENLINIIAU (1)SSP `. � RAFTE RTO HEADER WITH B B L= 10'-1'I TO 16'-0"' (2)ST2122 (1)A23 (2)A23 (I)H8. PER KING REVISION/ISSUE ' DATE NOTES: I. HEADERS 4'-I"AND LARGER REQUIRE(2)JACK STUDS AT EACH END OF THE HEADER. - D - D 2.CONNECTORS SPECIFIED ABOVE SHALL:BE ATTACHED DIRECTLY TO 2X FRAMING MEMBERS. - - 3. NAIL FULL HEIGHT JACK STUDS TO KING STUDS WITH(2)-16D NAILS PER 6"O.C.(JACK STUD TO SOLE PLATE STRAP NOT REQUIRED)-_ � � - PROJECT ADDRESS: - 4.STRAP NOT REQUIRED WHERE SHEARWALL HOLDDOWN IS ADJACENT TO OPENING. _ - 5. DETAIL FOR WINDOW AND DOOR FRAMING ONLY. OTHER STRAPS AND TIES NOT SHOWN FOR CLARITY. 828 SEAVIEW AVE. 'OSTERVILLE,MA' . 2 FRAMING @.WINDOW."AND DOOR.OPENINGS . WF DOUBLE TOP PLATES OF WALL CONSTRUCTION NOTES: 1)WELD BASE PLATES TO VERTICAL TUBE STEEL POSES.POSTS TO BE A'ITACI IED TO CONCRETE FOUNDATION WITH(4) (2)1}"X II{"EVES\V/}"X 11"$'fEEL PLATE THREADED ROD WITH S)MPSON SET EPDXY WRIT 15"MIN. - - - EMdEDMFNT. - \ 2)FLITCH PLA I.Il'AM TO dE CONNECTED VIA KNIFF CU'I INTO ). KNIFE CUT TUBE COLUMN KNIFE CUFTUBE COLUMN TUBE STEEL COLUMN.FULL WELD KNIFE CONNECTON. : TO RECF NE FLITCII PLATE TORECEWE FLITCH PLATE 7).CONTRACTOIi'I'O VERIFY ALL DIMENSIONS PRIOR Tp 1 "ski FULL WE CONNECTION FULL WELD CONNECTION / CONSTRUCTION. I ENGINEERING 8"x 4"n"TUBE STEEL POST - cb .} _"DNSU LIraNTS 8" "x4"x}•'TUBESI'EELPOST _ s"iuh I. niim c:,1 1279 MILLSTONE RD. BREWSTER,MA F 774 353-2144 8"x 16"x}"BASE PLATE 1/ OF jklSs�cy< () 8"x 16"x}"BASE PLATE MARK A. T I cKE-N' IE \�I* �< I I- • eka,�YO R �("I S e T �s8/ONA � 16 . - - ffAT -167 SHEET: 06/18H0 S2 MF ST:EELMOMENT FRAME(NOT TO SCALE) NONE -I G, 3 NO T TO SC �� Pzm TOP FNDN. F..'r','I; fJ GRADE OVER FINISH GRAD= c L . FINISH GgADe FINISH GRADE OVER OVER TRENCHESC),.. �'T. BOX y>--: �� r SEPTIC TANK !p.: � Ccrl7TiRtCr7'7JCClT7"T:RCVTIiCC�P7TT` o•,•4•.o� 7l'fi�'yyr�'r�Ti',c�rm�znr,�*�TJrz�"c�,�7`• t MAX. 77/i1'�CP1T.tRt'7T�1�.(�PJTfiCY R' � •c o b' j , ,f L6- C o,G p .•c •np:d. •:Q,o Ci• :o r'F•:U+.wy•+.d '! �' .O e.•r �' o -,,. ,�p••, :off •v >• i .e• .a.6 s .... 'e'. v•• •• PIPE _ T(?TA! FF T?:AJC�l OUTLET LEVEL _ c _ I p e E r'? J- T. MIN. • FOR •. Q .d �� u G Zti•C6.1• y,,''.,...;'-_" ".:r""_'�.� b", ,',"y a ..`.'."'�'�'•:d• 7v 3bj' O C . ;0,•'D• -y 4q ,0• I°'� .6'' '8 ...;f-•--••--- +•--•r--r.^+- '{••••--„—•"-:. •.2,;,.m--r•rr_.r^•:----- H, n°^7 Q' J' C r ,4d o ZD D C. 1 . OR PVC T`ES 0, ll Li BSM T FL . .� t�i s 0' D s d .s L . .' _ IAJ�TALL L ON LEVEL BASF �'v'v'EL . ,;,.. a: 4 ,, , � ,�� �u 0 /''•J�L L �J/V DR Y1rt/EL L 5 o• ,4... .e.. ..• ob J'-Jr— 1 v t i " I WF OPCE o: a. o a b.. 0 • � 4so:ac., "-'..o' 'd':c' 'D::O ' 'D'�':4�" ' •V' O'8'1' 'b'''o.b"x+': d:r•s.•o..o`','•'�. d .Q••o 'd•' D..o:.s. .d.�• gr 'ob', ' .q•a' �y.4. - s ,,,,,. 75.3 SEPTIC TA AIK /d t 2 J INS Tom' ON L E VE BASE �`O ' EXCA VA TE TO EL E V. OR 71. • LO VER TO REMOVE ALL IMPERVIOUS J MA XE PIA L BENEATH THE LEACHING AREA 4" DIAM. J2" MIN. ; 'EF'LACE EXCA VA TED MA TERIAL 1�I TH 3 �F�. .1/3 "- 71 N !_2 CL EAN, ',"L A Y FREE SANS.? .'b,r �'. A: t'�' y:i ;b;4.i ��r.�,y _ j y cb � �12'46„E i oe ° a IrJ14J'3L.J rL/ttS IO�J� 176. 47 3 cb .3/4" — 1-1/2" WASHED I ? CRUSHED STONE GENERAL ,'V TESTRENCH W.I'DTH 7 •z I F 1. ALL EL EVA T.IONS ,'HOWN ARE BASED ON A SSWED , NUMBER OF TRENCHES ! � 1 ?, FILL P1 — 3 IN Ti-r' _ f Y 7 is M MUS f" BE CAST Z30N NUMBER OF DIFFUSORS wp 71.4 OR SCJ��'�. .::JL E 40 ': - _ . ' ,, ► ,. 3. THE 80: w O OF HEL i'H ik: J, T 3d i* �"v&TIF -L► SHE N LV�`r J5°TRUC TI JN 1.5 L OMPL ETE PRIOR \ U TO ,SA CJ�F IL L ING PERGOL A TI,,NN' RATE.' �, <2Af Af./IN. :H.d".a Cry s r, 4. ANY CHANCES IN P4'r AN MUST BE APPRO:IED i \ P BY THE BOARD OF HEAL IH AND CAPE G ISLANDS WITNESSIL BY' SURVE'YINS CO., ."NC. c[?WARD 51;_,IR Y J 5. HA 7'EM.1'r L _.l' AND g J S TA L L A T ION SHA L L BEIN a \ p 19 I COMPLIANCE �'I77 THE: S 71 TE �sANI TARP � . �- �k CODE - TITLE V - AND LOCAL APPLICABLE DATE.• SEw?;"; 1—1�95 tk cV a 93, � „ 74.e " ►— —J z RUL ES ANO RE GUd TION: a NUMBER Ot BEDROOMS i 't'err✓t \U 6. NORTH ARROW 1S FROml RFCORO PLANS AND 0 ' __._ r a Q ti IS NO T TO SE Id ;`i:G� FjP SOL AR PURPOSES GA RBA�+E 1�'.t�POSA L z 1:10 7. FLOOD HAZAP? Z.:rdE��=(PIDAj-,�AZAPD> 3L'u A-c� L�: tiE' DAIL Y F�La<`�d 440GAL . 4.771 ,� j w j B. WA TER SUPPL Y_, TOWN k1A TEP SEPTIC T.,:NK PEGS 'D. GAL 1d'1"---C1d Cl LO. "�� SAND 74.e '�1 4B" ---� SEPTIC T�_NK PRO V.IDE D 150 D GAL . bld ` a0 9 s , y , # 440 GPD. epool LEACHING REOUIRED ?'rater j•� 25..• 7 ` I S>kN&74.9 SIDEXAL L AREA — :e 8, SF. , N 7 � w 1,66 S. F.X 0. 74 G/S.F. w 1,37 vPD. ,3 b1a1"r 0TTOM AREA - 43.5� S.F. 435 S. F.h 0. 74 G/5. F. w. :_,22 GPO o / ,� s c 74.8 I LEA CHINE) =F10✓ OE t' 459 GPD bid . . :'OPO;QED ELEVATION .'20 ,' C '.IST. 1V CONTOUFr' �/c " �'" sue; �� 75.0 TIC S I , �,�Efid�/'cE -' TTON t�J T ]r `I a i, , . . c bow I r ❑ r`r.'S T'Rll.UTION BOX Y.. 7n; l r ;�' °' t �✓r✓ rL op T-�Ord°►° DIFFUSORS aP y-�g'�� 1�' q,v�w�_._ � � � ' Q� h %, .+.; PREo-'",•+r�':J:D FOR � _ 71„O s S wp71.o` PTIC TANK 3. M. 5Pf '' Z_ NJri DER tip V `3 L. Ll T S� VIE. A EJ"MRVE AREA J���f ! Y a. L LE +.r r- P �1.r°y TAJ✓1 )VA 'IPE -NVERT EL L VA T'•ION -AVIF, 7 i /o CHAH4.' .. .• .� SANI �A f L.. -` r'• Cn' _ h u YA,"... I.»" •/ P'! J! ` . ,y /,f� PLOT PLAN � , ,�} " , - y A' T D ��t SCALE.* 1 "� s/ �J 11 —..if r/4�z_ NO .c J..' _Irl fro+ vLf1 L C1 lf- OUTiY _ -- r. 1 f Q` +-yt' i �✓. O 90✓'/n5 MA j ,'„. r� ZONE' SEPTIC NOTES t� N 1.Location of Utilities Shown on This Plan Are Approx.At Least 72 Hours k 6; RF-1 Prior to Any Excavation For This Project the Contractor Shall Make the Required Notification to Di Safe 1 888-344-7233. „ ,x,�� C' � � . ,�"o� Area (min.) 87,120 SF (RPOD) a g ( - ) `Z` �"' P fly FrOn tO e (min) 20' 2.The Contractor is Required to Secure Appropriate Permits From Town Width �m in) 125' Agencies For Construction Defined by This Plan. ' 1 - • '* 3.Wherever Sewer Lines Must Cross Water Supply Lines Both Lines Shall Setbacks: y. a Be Constructed of Class 150 Pressure Pipe and Shall be Water Tested to Fron t 30' , Assure Watertightness. In General,Water Lines Shall be Constructed in �M � F .', �. . w Side 15 •.�.,.,,,,'`� �� w ,� ', � �� `�� a �tS�+ +: Coordination with Cotuit water,and Shall be in Accordance Rear 15 4.A Minimum of 9"of Cover its Required for All Components. "`- , + • � s 5.All Structures Buried Three Feet or More or Subject � � � ;�• o � � xr OVERLAY DISTRICT: g. ' gam' to Vehicular Traffic to be H-20 Loading.It is the En s AP - Aquifer Protection District Recommendation that H-2o Always beUsed. 6.At a Minimum,One Inspection Port,Two Access Manholes,and a Vent Shall Be F As Shown On Plan Entitled Provided For the Main House Leaching Area,and One Inspection Port "Revised Groundwater Protection t� and One Access Manhole Shall Be Provided For the Guest House Leaching. ARM- Overlay Districts - April, 1993 w� Area. Inspection Ports Shall Be In Accordance With Cross Section Detail. n t Access Manholes Shall Have a Minimum Diameter of 20",and Shall Be x s a Brought To Within 6' of Finished Grade. ab� " r _ 7.Septic System to be Installed in Accordance With 310 CMR 15.00& r : FLOOD ZONE. 248 CMR 1.00-7.00 Latest Revision and the Town of Barnstable Zone C Board of Health Regulations. LOCATION MAP: Community Panel NO. 8.Ali Piping tobeSch 40PVC. #250001 0018 D Scale: 1" = 2000'f July 2, 1992 Vent-Fimt Loo,tdoo to be Dde m uM u Tim otinemt=o ASSESSORS REF.. GARAGE T.O.F. EL. 26.10 be urneoaalriwoossFosdo®ble Map 114, Parcel 1-2 I G. EL 23.0 See Note 6 F.G. EL. 23.0 EXIS77NG GARAGE - EL. 21.00 PROPOSED MAIN HOUSE - EL 21.50 Flow Equilizers Installer To f As Required Con firm Prior To Any Work EL 20.25 Existing Proposed Top EL 18.90 1500 Gallon EL 19• 1000 Gallon EL. 19.50 Septic Tank Y0, Se tic Tank elocote EL 19. H-20 p 19.25 D-BOX. ( ) (H-20) i Leaching (H-20) EL 17.80 „z Chamber (H-20) Bot. EL. 15.80 Bedding.•T"s .............................. •• • ;:•::::::::::::: :::•:.4....i : Inspection Port, .....................................eFCiHift!. t ...aw dt;�il...........3 ....: . ......:: - _(V G & Baffel9 ::::ii:A�ctJ2li:•`�b$1i:• f1�17[• 00 ijiilff: 9 f� as Per Title 5Xttil4fF:PilFciTaFlglt: ;: i►::5iselFf: ^� MAIN HOUSE & GARAGE Esti aT.te Groundwater Groundwater Perps DEVELOPED PROFILE OF SYSTEM Lot 252 52,789 f sf NOT TO SCALE i F - See Note 6 Q. f F.G. EL. 23.0 F.G. EL. 23.0 GH - EL. 21.50 f Instaler To Flow Equilizers Confirm Prior f As Required �0 To Any Work f /2 064e EL 21.0 GH) Existing EL ZO 75(GH) Top EL 20.25(GH) 1500 Gallon xistin f P° Septic Tank EL 20.00(GH D-Box E 19.83(GH) r ?3 6 EL. 19.25(GH) Leaching I 23 5 Chamber Bot. EL. 17.25(GH) a4 Bedding,"T"s, \ / \ Inspection Port. - / & Baffels ::;;;:rk(Fa iYti3rla s lVl3fi�iii `.. .... as Per Title 5 :s " 5 .::: h \ Z El, a6 - TH-2 \ 24 0 CQ�dh�`I \� o GUEST HOUSE T.O.B.stimated High Groundwater 11/F th Lynch t irld Per Groundwater Maps & EllZa9e 62 \ \ _ DEVELOPED PROFILE OF SYSTEM pOnjel G�58 \ 3 T NOT TO SCALE -7-4CD Nm 4'0 Perforated PVC 4x8 / 1'6 �- \ / n Inspection Port W/Screw \ N Cap Placed Vertically Down Benchmark: \ \ DESIGN DATA Into Stone To Soil Below ° � f Accessible To Within 3" of Top of CB/dh fnd Setback \\ \ m O \ Main House Finshed Grade Finish Grade EL=23.89' NGVD'29 Sideford �- \ \ \ -6 Bedroom(a3110 GPD 15 -' Lown \\ \ "" No Garbage Grinder 3 Max. „ CB/dh O Total Daily Flow=660 GPD 9 Min p Filter fnd - ry Compacted Fill \ \ \ Use Existing 1500 Gal H-20 Septic Tank Fabric \ And/Or \ \ \ \ 1/8" - 1/2" \ \ o O \ Guest House Pea Stone I - --- 23x5 ` a -4 Bedrooms(Per Permit##95-1685) cQ 110 GPD 3/4" - 1 1/2" \ 4 No Garbage Grinder LEACHING Double Washed �� Total Daily Flow=440 GPD CHAMBER Stone a Use Existing 1500 Gal Septic Tank I- \ \\ Q I r�4' - 10" \\ Hedge \ r 12' - ton Provide Additional \a \ r �\ Chamber W/ 4' ` \ LEACHING AREA Of Stone 66 GP House.74 LTAR =892SF CROSS SECTION OF CHAMBER 1 (See 'Note 6) \ \ j (LTAR) Required NOT TO SCALE \\ � '`� � \ � Provide 1 Additional 500 Gal Chamber W/4'of Stone 4xo `\ \ \ \ O .- Sidewall=2(12'-l0"+52'-6")2'=262 SF �` \ Bottom Area=(12'-10"x 5T-6'1=674 SF �� Z 936 SF Total Provided \ \ \-2 \ ` z ��co Guest House IM 0 440 GPD/0.74(LTAR)=595 SF Required \ l Existing ` + `♦ O \ \ t b Relocate Existing Leaching Area As Required \\ Proposed System -1�\� +�, cr 1 \\ 1 Sidewall=2(12'-10"+33'-6")2'=185 SF PERC TEST: 11,143 \\ \Addition Garage (#06-0037) ^ 22x8 q ++ N_ i \ I Bottom Area=(12'-10"x 33'-6")=430 SF jt� ♦ I + �0 O 615 SF Total Provided PERFORMED BY:JOHN O'DEA,PE- SULLIVAN ENGINEERING , SOIL EVALUATOR NO.2911 \� �- ♦ �� `\ �i L �` Lawn ` WITNESSED BY:DONALD DESMARIS,R.S.-TOWN OF BARNSTABLE + 1l \ \ 1 4 LEACHING CHAMBER DESIGN OCTOBER 24,2oos �-� •- ♦ o o � \\ co \ All Pipes to be Schedule 40. Use �\ TEST HOLE - 1 f'' -• \\ ,�O'� \` 500 Gal.Leaching Chambers in EL.22.8 1r\ i Double Washed Stone Fields as Shown. -�:: 23x4 f 1\ N �'O _ _��a_12--_- � _ �^ :::::::::::::::::::.:::::..::::..:.:: :::: :::::::..:: \ o�O• . , , 11 :::::::•:::•:::::-:::::::•:::•:::: : 21.9 o p \n co \ �� w n , f - NN / \\ \ 0 O� � 3X2 qJ .0 ��•'•: :�,i'.��a7 •FvT {� ��':i / N / Exisliing S, o�el �� o \ e 0� 22 :..-: : : :: : :::;:s 21.0 Gorane \ f 0-� / / \\ 0�2 51-0� C1 LAYER 2.5Y 6/6 W `\ / �. f \ W r j OLIVE YELLOW 22x5 �0 C \ m W o MED.SAND ILO 50" PERC TEST 18.6 r0 (TOF=261) \\ < � } 25 GALLONS IN<15 MIN. `\ Lawn \ Q0 24.,� r' 70" PERC RATE<2 MIN/IN(LTAR-0.74) 17.0 `'n• C2 LAYER 2.5Y 6/4 ' \\ 12' 10 LIGHT YELLOWISH ELL SAND 126 12.3 _ \ NO GROUNDWATER ENCOUNTERED \\ �{ Lawn I \ CA \ \ t I \ (A \ 20 7 Mir-' \ TEST HOLE -2 EL.22.8 n �\ \ Existing I x, „:' ..... :�;:::::::: ,� \\ Proposed System ► \ Main House ��� (#95-1685)133 01 / \ I Relocated 0.5 C 1 LAYER 2.5Y 6/6 Leaching Or��e aved OLIVE YELLOW Area P m MED.TEND (See Note 6) 43" PERC TEST 192 \\ t \\ p 25 GALLONS IN 12 MIN. 23x2 N a W 14't J \\ 67" PERC RATE<2 MINAN(LTAR=0.74) 17.2 CC C2 LAYER 2.5Y 6/4 ��\\ l0. LIGHT YELLOWISH BROWN 170"1 MED.SAND 8.6 ed Wood Deck 1 \ � 00 f n NO GROUNDWATER ENCOUNTERED ProP°Ssor`/ \ \ 43.1/ ce ella I Z SITE PASSED P �1d\n9 ntr o� \ # t i 01 Existing 1 sty / \ WIToWge g / `\ in N Guest House / \ ®22.s' 3 ` r \ ` 22x3 �. / C FF. 24.2 \ ` \\ 2,3- Lawq _ \ 1 Fence \\Stockle p \ porch O - s�. _- tba d 23 \ .-23_ Fron yo ) ose 50.Y ()rive ���� `�23 c�'-O��O / ---_ __ Rail Fence / c s post =° ✓ \qs 2 3 5 .24' c �O v '` S80'1 44 w - -- _ - CB/dh -�- . f �, (Public way) ohw LEGEND: In A � of P°ve �`" - --- " -q4....�: ._... / � CPu ohw „ Edgea -1 Guy Wire S80�12v44 W \ Edge of Pave ohw O Guy Pole 0 Utility Pole view ® Water Gate a, Guy 152•24t (40' Wide) Naf is Corey Tr 4)- Hydrant Pole ohwDonald &�31622 ea ohw mow- Over Head Wires E; ............... ohw \ ohw \ I Deciduous Tree IH OF A S,qc� ohw p J ,'N G� ohw \ Coniferous Tree o NIFp White \ ° I Cath C.117g40 Holly Tree sioNAL Add 2nd Septic Tank & Relocate \ D-BoxpFor 2nd Kitchen REVISION: In Garage Main House DATE: 03104110 TI TLE. PREPARED B Y.• PREPARED FOR: NOTES: Site Plan Sullivan Engineering, Inc. CapeSury 1.) The property line information shown was m Proposed Improveements Robert J Spenlinhauer compiled from available record information. PO Box 659 7 Parker Rood y At Osterville, MA 02655 OSterville MA 02655 33 Bayberry Way 2.) The topographic information was obtained 828 Sea View Avenue (508)428-3344 (508)428-3115 fax (508)420-3994 (508)420-3995 fax OSterVllle MA 02655 from an on the ground survey performed on capesurvOcapecod.net or between 201JUL105 & 22/JUL/05. O Bamstable, (0ster.le) Mass■ Draft: JOD Field: WHK/JPM 20 10 20 40 80 3.) The datum used is NGVD '29, a fixed mean 0 sea level datum. DATE: January11, 2010 SCALE: 1 rr _ 20' Review: PS Comp/Review: RRL mom 771 Proj. # 25034 Pro: # C444_4