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HomeMy WebLinkAbout0152 PLEASANT PINES AVENUE { p —M- -- 15 PLEASANT PI FA Ij INE ,r4r� �� jai � �,}�L., .�� Ii .� m,ttlr i= ���;� AA a.r }��:����;7,a� ► �.t�...i� � a i R ;��� � � ��G a�!� i�l C al i' �'� r at , , n , /, � j• f n M k., b �, dm= all M y o. t- ��Ai e i` ., a '� c � ap � S v ,N Atr• u:&�I i 0 o k r THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE DISTRICT ATTORNEY CAPE&ISLANDS DISTRICT PHILIP A. ROLLINS 3231 MAIN STREET DISTRICT ATTORNEY P.O. BOX 455 November 16, 1999 BARNSTABLE,MA 02630 (508)362-8113 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main St. Hyannis, MA 02601 Re: Commonwealth v. Joseph Affanato 9825 cr 4222 fi Dear Mr. Crossen: I write in response to your letter concerning the prosecution of Joseph Affanato, 152 Pleasant Pines Avenue, Centerville, in the above captioned case Your letter expresses concern that the "enforcement effort" has`lost a year because of poor communication with the District Attorneys Office The`"enforcemen'effort" has not bee"ri=delayed by the Dis`trict%Attorney's=Office: Affanato was originally scheduled for arraignment on November 25, 1998. On that day, he defaulted land an"arresf warrant was issued: The District Attorney's Office cannot prosecute a defendant in default.- On Jurie 4, 1999,"Affanato was arraigned when he made his first appearance in-court. The case was then pre-tried on June 24th, and scheduled for trial on September 16th. Attorney Richard Schiffinan was Affanato's attorney. On September 14th, attorney Schiffman requested and was granted a continuance of the trial date from September 16th to October 14th. It is customary for the court to grant the first request for a continuance of the trial date. On October 14th,neither Affanato nor attorney Schiffman answered the trial list. Judge Don L. Carpenter defaulted the defendant but ordered'that the arrest warrant not be issued until 4:00 PM. Judge Carpenter also ordered that attorney Schiffman's office be contacted. Later in the day, Schiffman appeared and indicated to Judge Carpenter that the defendant had retained new counsel. The Court allowed Schiffman to withdraw and accepted the appearance of John A. Markey, Jr. Attorney Markey then requested and was granted by the court a pre-trial hearing date of November 4th. Your office appeared on November 4th thinking that the matter was scheduled for trial. However,'the Court and the District Attorney's Office wanted,all of the parties present for a'nieanirigful discussion in an attempt to resolve the case at pre-trial conference: Iri addition,'the District Attorneys Office°is intent upon panicipaif ig in'the prosecution of town zoning complaints as in the past Assistant DAs will conference these cases,negotiate settlements and prosecute'complaiiits when appropriate. Nonetheless, the'DA's Office reserves the option of referring cases to town counsel for prosecution. As you know, the majority of these violations are resolved before trial by an agreed upon plea. In the above entitled case, the assigned ADA felt that because the defendant had just retained a new attorney, town counsel could pick up the case contemporaneously without any delay in the prosecution. The District Attorney's Office has attempted with two different defense attorneys to resolve the Affanato case. This prosecutio*od ed to town counsel. cutor Cape & Islands District PHILIP'A. ROLLINS v DISTRICT ATTORNEY (j, N4 CAPE AND ISLANDS DISTRICT VO O� ����r� 3231 MAIN STREET IAI P P.O.BOX 455 BARNSTABLE,MA 02630 NOV k k Ralph Crossen Building Commissioner Town Of Barnstable 367 Main Street Hyannis, MA 02601 6_I i —vg'I ..f 0 1 r ; ;{ r ; {r ;{{ {{t{{ r r r{ r{;{ {rr{ rr r;{ ;; { - � �, '�� �, ., 4„ ,.- .� 3 / r.. �l �_ .w,._... - °FINE Tp� The Town of Barnstable 9� "S. 1e� Department of Health Safety and Environmental Services 1639. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 14, 1999 / AGREEMENT Re: 152 Pleasant Pines Avenue, Centerville,MA The purpose of this document is to outline specific terms of resolution regarding the zoning issues surrounding the above property. 1. Gut rear cottage leaving bare studs,no heat, no plumbing, no sheetrock, no insulation. 2. Sign affidavit that this building will be maintained as an accessory shed never to be finished in the future. 3. That people will never be allowed to reside in this structure again. g991013a Crossen Ralph From: Gillis Jack To: Crossen Ralph Cc: Urenas Gloria Subject: Affanato Date: Tuesday, September 14, 1999 9:21AM A Please note new court date Oct.7,1999. Ralph, Please type out what you would like to see as an end result to the case. LV )q Department of Health, Safety and Environmental Services �F 1NE r BARNSTABLE, Gw MASS. moo► .� i6 9,0 3 1 rFo �•� a B 7IL�DING DIVISYON"' Page 1 BY: v is 3 r 5 r'� Crossen Ralph From: Gillis Jack To: Crossen Ralph Cc: Urenas Gloria Subject: Affanato Date: Tuesday, September 14, 1999 9:21AM Please note new court date Oct.7,1999. Ralph, Please type out what you would like to see as an end result to the case: Department of Health, Safety and Environmental Services �F SHE 1p� v BARNSTABLE, MASS. �► 1639• 1� -`BUILDING`DIVTS�ION��:':�, , Page 1 BY: Maloney Kathy From: Maloney Kathy To: Gillis Jack Subject: Affanato (152 Pleasant Pines, Centerville) court date Date: Wednesday, September 15, 1999 10:33AM Ralph has a scheduling conflict with this. October 7 is the last day of a 4 day seminar he will be attending in Amherst. Can this be continued to the next week? Page 1 BARNSTABLE PD/ PRIVATE To: Clerk ' s Office Probation Department From: Office of the District Attorney Defendant Name JOSEPH AFFANATO Docket No. 98-4222 Request Change of Date on Following Scheduled Date 9/16/99 .TT Requested Date 10/14/99 JT v Requested By defense Assented To By: Defense Attorney Atty. Richard Schiffman Police Department 9/14/99 Sarah DOCKET NO. RECORD OF CIRIMINAL.,CASE5 9825 CR 004222 Trial Court of Massachusetts ° District Court Department ° DEFENDANT NAME COURT NAME&ADDRESS JOSEPH AFFANATO BARNSTABLE DISTRICT COURT DEFENDANTALIAS(ES) ROUTE 6A, P.O. BOX 427 BARNSTABLE MA 02630-0427 (508) 375-6600 DEFENDANT ADDRESS CITY/TOWN STATE ZIP CODE 152 PLEASANT PINES AVE CENTERVILLE MA 02632 SEX CITY OF BIRTH STATE OF BIRTH MOTHER'S MAIDEN NA FATHER'S NAME PCF NO. SID NO. LICENSE STATE 1395404 „-C,ASEINFORM' ION. NO.COUNTS POLICE DEP POLICE INCIDENT NO. OFFENSE LOCATION ARREST DATE MV CITATION NO. 2 BAR BARNSTABLE CURRENT DEFENSE ATTORNEY ATTORNEY TYPE CURRENT PROSECUTOR COMPLAINANT JACK GILLIS � OFFENSE,,AND JUDGMENT INFORMATION. e COUNT: 1 OFFENSE DATE: OCTOBER 2, 1998 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL COUNT: 2 OFFENSE DATE: OCTOBER 2, 1998 _ 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL DOCKET ENTRIES ------------------------------------------------------------------------------------------ DATE CODE DOCKET ENTRY JDG/MAG ACTION DATE 10/28/98 AC APPLICATION FOR COMPLAINT FILED 10/28/98 CH CLERK'S HEARING ON COMPLAINT APPLIC SCHED FOR ORC 11/05/98 10/28/98 CH CLERK'S HEARING ON COMPLAINT APPLIC SCHED FOR ORC 11/05/98 11/05/98 ZCI COMPLAINT ISSUED ORC 11/05/98 ARR ARRAIGNMENT SCHEDULED FOR 11/25/98 11/05/98 PI PROBATION INTAKE FORM PRINTED ORC 11/05/98 SUM SUMMONS ISSUED FOR DEFENDANT ORC 11/09/98 DOB CHANGED FROM: 11/05/33 11/09/98 PCF# CHANGED FROM: T0004665 11/25/98 WFE SESSION CLERK: WFE _ 11/25/98 DFTA DEFENDANT FAILED TO APPEAR & WAS DEFAULTED GHL 11/25/98 11/25/98 WAR WARRANT ISSUED FOR DEFENDANT GHL 11/25/98 PAGE DATE RECORD PRINTED i =CLERK-MAGISTRATE -- _ A TRUE COPY • 1 4/27/99 �' ATTEST CRF21A 4/27/99 3:23 PM .. DOCK ET NO. :.::.::.::. : AT>> > 9825 CR 004222Tr"Trial Court t of Mas sachusetts achu tts : Dis trict tC Court e p ar t ent I r�DEFENDANT NAME COURT NAME&ADDRESS JOSEPH AFFANATO BARNSTABLE DISTRICT COURT ADDRESS BARNSTABLE MA 02630-0427 CENTERVILLE MA 02632 (508) 362-2511 PCF NO. 11/05/98 6no /98 1395404 R)y NO.OF COUNTS ETHNICITY SID NO. STATE 2 HEIGHT WEIGHT COMPLEXION HAIR EYES POLICE DEPARTMENT OF OFFENSE BARNSTABLE POLICE DEPT. EMPLOYER NAME AND ADDRESS DEFENDANT HOME PHONE DEFENDANT WORK PHONE EMPLOYER PHONE FIRST SIX COUNTS 1 . 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL 2 . 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL REASON FOR WARRANT DEFENDANT FAILED TO APPEAR AFTER SUMMONED. TERMS OF RELEASE - The defendant may be released pursuant to G.L. c.276, §§ 57-58, in the discretion of any magistrate authorized to admit to bail, except that a defendant arrested and charged with a violation of an order or judgment issued under G.L. c.208, §§ 18, 34B or 34C, G.L. c.209, § 32, G.L. c.209A, §§ 3, 4 or 5, or G.L. c.209C, §§ 15 or 20, or arrested and charged with an offense involving abuse as defined in c.209A, § 1 while an order of protection issued under c.209A was in effect may not be released out of court except by a judge. TO ANY OFFICER AUTHORIZED TO SERVE CRIMINAL PROCESS: You are hereby commanded to arrest the above-named defendant and to bring the defendant forthwith before this court to answer to the offense(s) listed above and to be dealt with according to law. TESTE OF FIRST JUSTICE DATE ISSUED CLERK-MAGISTRATE/A ilr'N�SS'HON. JOSEPH J. REARDON 11/2 5/9 8 TiIN. F. ERYIGI„.............. .... t] 1 certify that the defendant has been arrested and surrendered to the court. p I also request the court to assess as costs against the defendant $ in expenses incurred by this police department because of the defendant's default and in serving this warrant, pursuant to G.L. c. 280 § 6 and Mass. R.Crim. P. 6(d)(1). p At the request of the prosecutor, I am returning this warrant to the court unexecuted, and I request that it be cancelled, pursuant to Mass.R. Crim. P. 6(c)(4). DATE OF ARREST SIGNATURE OF OFFICER TITLE X WAR 11/25/98 3:32 PM °FtHE The Town of Barnstable • BAMSTABLE, • 9c�A "9. ,e�' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner REPORT October 28, 1998 Re: Joseph Affanato 152 Pleasant Pines Avenue,Centerville,MA map/parcel 234/004.T00&B00 On October 2, 1998,Mr.Affanato informed us he had no intention of using the rear structure on his property as he agreed to(which was a condition of his building permit.) Mr.Affanato had agreed,as a condition of his permit,to use only 616 square feet as residential space,to use the space for four months per year by his immediate family only and to have an office in the rest of the building. With the exception of the office,which anyone is entitled to do,his preexisting non-conforming rights from the prior razed structure were the 616 square feet and four months per year. On October 6, 1998,I informed Mr.Affanato to change the interior uses accordingly. He refused and even says he never agreed to these conditions. On October 28, 1998,I went by the site at 7:10 a.m. and noticed the earlier order has not been complied with. Accordingly,I am seeking criminal charges at this time: (1)under 780 CMR Chapter 1 sections 118.1, 118.2, 118.4 (2)under Barnstable Zoning Ordinances Section 3-1.1(1) Ralph M.Crossen Building Commissioner Q981028A J Town of Barnstable Department of Health, Safety, and Environmental Services DIME* Consumer Affairs Division 230 South Street, P.O. Box 2430 B"R'' Hyannis, MA 02601 Tel: 508-790-6250 MAS&sa. '0T 1639. s��� Fax: 508-778-2412 ED MA'S Jack Gillis Supervisor October 27, 1998 Mr. Joseph Affanato 152 Pleasant Pines Avenue Centerville, MA 02632 Re: 152 Pleasant Pines Avenue,Centerville, MA 02632 Map 243/P 004 Dear Property Owner: The Building Division of the Town of Barnstable has attempted to resolve the zoning issue regarding your property. The division records show no response to date, from their letter dated October 6, 1998. The matter has been turned over to my office for criminal court action. If no response is made within seven(7) days from the date of this letter, we will seek a criminal complaint in Barnstable First District Court to resolve this issue. If you have any questions regarding this matter, please do not hesitate to call me at (508) 862- 4672. Sincere' Jac lis v ion Supervisor r JG:Ifl bld-div/98affana.doc -'P 339 592 • 438- US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to T v.5 Li 15 F a/V a., - d Street&Number /sz�Le u, es GL v-e P,,ppst Office,State,&ZIP Code (c n `e "L c � ZG Postage $ Certified Fee Special Delivery Fee Restricted Delivery&', ID Return Receipt Showi "o \' Whom&DaterDelive - n Return Receipt Showing to Whk Q Date,&Addresse'e's.Address < QJ 0 TOTAL Postage&Fees ' +-�.. „;o$fin ch Postmark or Date l- �� - u Stick postage stamps to article to cover First-Class postage,certified mail tee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the (1) return address of the article,date,detach,and retain the receipt,and mail the article. CIC LO 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,For 3811,and attach it to the front of the article by means of the gummed ends if space perils. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the Cr p addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of For 3811. 6. Save this receipt and present it if you make an inquiry. n The Town of Barnstable BAMSTABM Department of Health, Safety and Environmental Services �FDMP'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 6, 1998 Mr. Joseph Affanato 152 Pleasant Pines Avenue Centerville, MA 02632 Re: 152 Pleasant Pines Avenue, Centerville Dear Mr. Affanato: I received your letter dated 9/27/97 on 10/1/98, and I'm sorry that it took a year for me to get this; however, I never did get it before for some reason. You were issued a new permit after your original permit was rescinded on 5/l/95. This permit was accompanied by a letter dated 5/l/95 that listed three conditions you had agreed to. These conditions were: 1. The structure is accessory to the front house and, as such, Mr. Affanato will live in the front home and use the accessory structure for his immediate family only to visit(i.e: two sons with families and ex-wife). 2. Use is restricted to four months per year as follows: The last two weeks of each month except January-April during which the structure will not be used at all. 3. Living space will be restricted to 298 sq. ft. maximum. Accessory use of the rest of the structure is permitted. Your letter of 9/27/97 essentially says you will not now abide by these restrictions. This is clearly a problem from my perspective. I might add that my inspection of the back building with you last week revealed more than 298 sq. ft. of space being used as residential. Specifically, what was supposed to be an office had a bed in it,the bed had been slept in and was unmade,there was food in g981006b cabinets and a bar of soap in the bathroom that had been used to 10%of its original size. You mentioned that you were not living in it but instead your tenant had friends who stayed there from time to time. Rather than question this statement, I will instead point back to the three conditions that you agreed to and notify you that you are in violation of zoning and the building code at this time. You are hereby ordered to empty the rear building of all personal belongings and furniture within 14 days. You have no final inspection or occupancy certificate from me and, therefore, you are in violation of the Massachusetts State Building code 780 CMR Chapter 1. Failure to comply with this order could result in a fine of$1,000 per day for each day the offense persists. You are also in violation of zoning section 3-1.1 which only allows single family uses in a residential district. You went to the Zoning Board on this point and lost. If you do not, within 14 days, empty that building and sign an agreement with this office on its future use, we will be forced to also seek criminal charges against you in District Court in Barnstable. We expect to hear from you within the next two weeks and we certainly hope it is with a more reasonable attitude. If it is not, we will pursue the above action. Sincerely, � z— Ralph M. Crossen Building Commissioner RMC/lbn Certified Mail P 339 592 438 g981006b JOSEPH J. REARDON 132 PLEASANT PINES AVENUE CENTERVILLE,IVMA. 02632 September 22,1998 Robert Whitty Director of Assessing Town of Barnstable 367 Main Street Hyannis,Ma. 02601 Re- :Joseph Affanato 152 Pleasant Pines Avenue Dear Mr. Whitty: I have been informed that the records of your department show that there are two dwelling houses located on the property'of Joseph Affanato located adjacent to my home. I wish to point out that this information;if recorded on the records of the assessors, is incorrect. There is one house with three bedrooms situated at 152 Pleasant Pines Avenue. Mr. Affanato sought a special permit to extend what he alleged to be a pre-existing non conforming use and/or a variance from the Zoning Board of Appeals to allow for the residential use of a structure he built to replace the garage he tore down. Both of his applications were denied. There is no lawful use permitted for two dwelling structures on the one lot of land. I recall that Mr. Affanato suggested to the Appeals Board that he had proof of the existence of a lawful use for a second residence unit because the assessing records recorded the existence of such a second dwelling. Unfortunately for Mr. Affanato this use was unlawful and commenced without a building permit for the addition to the garage. I do not want this same problem to arise in the future. Mr. Affanato has constructed a second dwelling on his property consisting of a living/dining/kitchen area, a full bath with jacuzzi tub, a bedroom, a loft area and a poured concrete basement under half of the structure. In the kitchen there is a stove, built in micro wave oven and exhaust hood, sink, dishwasher, refrigerator, cabinets and counters. There is a washer and dryer with exhaust vent. In the basement there is a gas forced hot air heating/air conditioning system. This structure has a separate gas, electric and telephone service apart from the main house. The septic system is merged with that of the main house. The board of health, for some unknown reason, permitted this to happen even though it violates their own regulations regarding the number of bedrooms allowed on a lot this size. I believe that Mr. Affanato told them there were only two bedrooms in the main house,even though there are three such bedrooms as told to me by the former owner who built the house and the garage, Charles Young of Centerville, and a former tenant of seven years, Richard Barber of Osterville. I have not as yet undertaken steps to compel the removal of this structure which exists in clear violation of the zoning laws of the town, as exacerbated by the denial by the Zoning Board of Appeals of the request by the currant owner to legitimatize the structure and its use as a second dwelling. All of the above noted amenities continue to exist. I again repeat that my concern with your department relates to any erroneous description in department records which may refer to this structure as a detached cottage or guest house or other such living space. Yours very truly; Joseph J. Reardon 362-6707 Town of Barnstable Building Department ComplainVInquiry Report Date: je-, J 1?r Rec'd by: Assessor's No.: Complaint Name: Location f ' Address: M/P Originator Naine: Street: Village: State: Zip: Telephone: D/E Complaint a Description: j Gf Inquiry F Description: For Office Use Only Inspector's Action/Comments Date: -2 3 hr Inspector: Follow-up Action Additional Info. Attached Copy Distribution: White-Department File Yellow-Inspector Pink-Inspector(Return to OlTce Manager) .- t G Engineering Dept. (3rd floor) Map. Parcel / Permit# House# 5 Z Date Issued _7 3 . 9:30/1:00-4:30) Fee O-6 n :30/1:00-200) _ Bldg.) and 19 ' BARMABLE. TOWN OF BARNSTABLE Building Permit Application Project Street Address /S 2- Village 0P_En! r_ in y (t e 02 G 3 2 Owner � 92£ n C. „i 'uJ'f'a Address toe, Telephone Permit Request ' First Floor po o square feet Second Floor square feet Construction Type o o 'F r m.k►_g_v Estimated Project Cost $ Zoning District Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No Dwelling Type: Single Family 1,�( Two Family ❑ Multi-Family(#units) Age of Existing Structure 42 14 Ir Historic House ❑Yes J'No On Old King's Highway ❑Yes ONo Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other. �� Basement Finished Area(sq.ft.) �V�,¢ Basement Unfinished Area(sq.ft) #k�A/ Number of Baths: Full: Existing 2— New CIA Half: Existing New No. of Bedrooms: Existing_&New N�,q Total Room Count(not including baths): Existing_4New w ,¢ First Floor Room Count Heat Type and Fuel: Id Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes O No Fireplaces: Existing New 11A Existing wood/coal stove ❑Yes J$(No - Garage: ❑Detached(size) No N Other Detached Structures: ❑Pool(size) lvdL4 e— ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) LiOther(size) Zoning Board of Appeals Authorization ❑ Appeal# /1(pli a Recorded❑ Commercial ❑Yes )4No If yes, site plan review# - Current Use Proposed Use IN ,¢ Builder Information Name C /L4/u e r IA�r l 1 (� N/or � Telephone Number SOS Address License# Home Improvement Contractor# Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCT DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE I DING PERVrDE ED FOR THE FO WING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. « ` DATE ISSUED_ MAP/PARCEL NO. � ADDRESS f f VILLAGE ` OWNER DATE OF INSPECTION: i j n FOUNDATION FRAME y r A INSULATION r FIREPLACE ` f ELECTRICAL: ROUGH f FINAL PLUMBING: ROUGH FINAL - GAS: ROUGH FINAL _ f FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. THE - : : The Town of Barnstable KAM• e�srrsr,+Br,� • -- • 1m� v Department of Health Safety and Environmental Services Foy Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner For office use only Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the "reconstruction, alterations, renovation, repair, modernization, conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors, with certain exceptions,along with other requirements. Type of Work: I\ dot t'o a nc i Est.Cost oing Address of Work: /, ,�a sI%L44 f' �,...� y a... u- -do Owner's Name c A A L 0. a A 2 O Date of Permit Application: 1 2? /,97- I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job under$1,000. Building not owner-occupied _Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. ;1477 Date Own Name JOSEPH C. AFFANATO 152 Pleasant Pines Avenue Centerville, MA 02632 (508) 362-4434 September 27, 1997 Mr. Ralph Crossen Building Commissioner The Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 152 Pleasant Pines Ave. Dear Mr. Crossen: I have received your correspondence of August 19, 1997. Please excuse my delay in responding, however, I was out of the state and only recently was able pick up the same. From the outset let me say I disagree with the contents of your letter and am frankly confused by the same. At this point I believe. a brief history is necessary so you understand my confusion. In the winter on 1993/1994 the rear house at 152 Pleasant Pines Ave. sustained considerable water damage from frozen pipes. Rather then getting into extensive repairs, I decided to raze the old structure and rebuild. I prepared plans in conjunction with the same. In July of 1994 after completion and approval of Title V obligations Mr. Martin of your office issued two permits.. The first was to raze the existing back house and the second was to build the new house pursuant to the plans and drawings submitted by Ken Sadler. At no time were the plans or drawings submitted to Mr. Martin ever changed other then the lowering of the roof line pursuant to our agreement. . Following the issuance by Mr.. Martin of the appropriate permits construction commenced. The house was approximately 90% complete, (floors, roof, wiring, heating ect.) when an neighbor, and influential public figure, made a phone call to your office to complain about the structure. This phone call resulted in a stop work order issued from your office without any warning or consultation with me or my builder. Despite the fact no one ever found I failed to obtain the appropriate permits to build, or strayed from the plans which were approved by your office, the stop work order remained. I filed an action with the zoning board in Barnstable in order to attempt to continue construction with the project as previously approved. My influential neighbor was a vocal opponent at the hearing and I lost by one vote which was influenced by a lawyer friendly with my neighbor. Knowing I had fully complied with the law in building the rear house, I appealed the Zoning Board ruling to the State in an effort to have the stop work order removed. Ralph Crossen Page 2 While the appeal was pending my attorney at the time was contacted by a representative from the State who made a number of limited.inquires. These consisted of questions as to whether the necessary permits had been obtained, if the building was in conformance with the plans approved and if proper contractors were being used. As all of the questions were properly answered in the affirmative, I fully expected a favorable outcome to the appeal and to be allowed to continue construction. I suspect similar inquires were made to your office as soon after I received an invitation from you to discuss the stop work order. At the meeting it was agreed that if I lowered the roof line by 6 1/2 feet, removed the glass sliding door and upper porch, the stop work order would be removed and I could continue with construction pursuant to the plans previously submitted and approved by Mr. Martin. As I am sure you are aware the lowering of the roof was a substantial concession as it required thousands of additional funds for both labor and materials. Even though I was confident I would win my appeal with the State, I agreed to this significant change in order to re-start construction immediately and finish the project which was already behind schedule. The construction of the house has been completed and the necessary inspections for wiring, heating, plumbing, fire et. have been completed. I disagree with your correspondence of August 19, 1997 in which -you list three restrictions I allegedly agreed to in May of 1995. Interesting you fail to even mention the lowing of the roof 6 1/2 feet. I must state emphatically I did not nor will I agree to the restriction outlined in your letter. From the beginning I have simply wanted to use the property at 152 Pleasant Pines Ave as I have since I purchased the house in 1971. I have always had unrestricted use of the property and have paid separate taxes on the back house. Through the years the back house was almost always continually occupied from April to October. This occupation was by family, friends and sometimes strangers. In 1985 my. tenant, Mr. Barber, would defer the cost of his monthly obligation to me by renting the back house to various individuals. Why would I have spent tens of thousands of dollars to rebuild the back house and then agree not to be able to use it in the same manner? In addition, how would you propose to enforce this agreement? As I am sure you are aware my influential neighbor will continue to call your office and demand action against me. On such occasions will representatives from your office come to my property accompanied by law enforcement personnel (as has occurred in the past) and conduct interviews of the people in the back house to determine their relationship to me? Will they enter my home and search the same for indication it is occupied other then the "last two weeks of each month"? This is the logical conclusion of the restrictions you claim I agreed to in May of 1995. Would you agree to such an invasion of your property and privacy? Obviously you would not and neither do I. As indicated in the beginning of this letter, I am also confused by some of your statements in the correspondence of August 19 ,1997. ,You indicate in May of 1995 a new building permit was issued to me with the restriction outlined in your letter. I have no knowledge of a new permit. My recollection is the stop work order was removed .4Z Ralph Crossen page 3 after I agreed to lower the roof of the rear house. I never signed a permit other then the one originally issued by Mr. Martin. If you have a new permit issued in May of 1995 with restrictions signed by me please provide the same. I am also confused by your refusal to conduct an inspection of the rear house. Leaving aside the issue if you are permitted by law to refuse to conduct an inspection when asked to do so by a taxpayer, my recollection is you indicated to me last time we spoke a Certificate of Occupancy by your office was not required for the back house. According to the building permit issued to me by Mr. Martin it states: Where a Certificate of Occupancy is required, such building shall not be occupied until final inspection has been made. Please allow this letter to confirm that I am informing you construction pursuant to the permit issued by Mr. Martin has been completed and I am requesting an inspection if necessary. I will be returning to the State on September 25, 1997 and you may contact me thereafter to schedule the same. If you do not set up the inspection, I will assume one is not required, per your previous comments, and will begin to use the back house as I have since 1971. I know and understand my influential neighbor has put considerable pressure upon you for over two years in connection with the construction at 152 Pleasant Pines Ave. I ask that you step back for a moment, however, and look at this situation from my position. In July of 1995 I properly submitted plans to your office to rebuild the rear house on my property. No objection or change in those plans was requested and a proper building permit was issued by Mr. Martin. Construction of the building went without problem until and influential public figure complained to your office. Since that time I have suffered considerable delay and have had to expend thousands of dollars in additional funds to finish the house, even though I did nothing to stray from the plans approved by your office. If Mr. Martin had placed limitations and restrictions on the building permit, I would have reconsidered my decision to raze the prior house. As I have maintained from the beginning I simply wish to use the house as it was used before. I am not an prominent public official or a person of influence in the Town of Barnstable, however, I sincerely hope you will treat me as fairly as person with such qualities. I apologize for the length of letter, however, 'I believe the same was necessary to properly respond to your correspondence of August 19th. incerely, Joseph C. Affanato 4 132 Pleasant Pihes Center:ville-.MA July 3, 1997f Joseph Affanato 152 Pleasant Pines Ave..'. Centerville,MA Re:Brush Removal ;Zoning Violation Abatement; Revocation of .Use Privilege Dear Mr. Affanato: I have retained the services . of Mr. Paul Leeman to effect a removal of the vegatative debris resulting from winter storms. I am referring to the several stacks of cut wood and brush which you brought to the attention of the building department of the town. These materials will be removed by next week . I have contacted Ed Barry and so informed him. I have been informed that it is 'your latention to ' reside in the newly constructed dwelling which you built on the rear of YOUR lot . I have further been informed that you intend to rent , the main house on the lot , to wit , the three bedroom, 2 bath single family year round house . It was suggested to me that you believe you will be able to realize summer rental income of $1 ,000.00 per week and, off season income of $850.00 per month , from the main house, while ' you reside' in the rear house. This is not. acceptable to .Mrs. Reardon or myself . This area is zoned for residence with one dwelling allowed per house lot . It is our hope that you will refrain and desist from any residential occupancy of the new structure you erected and thus avoid any future confrontation. Several months ago, at the invitation of your former tenant, Mr. Richard Barber, I was on your premises.. I noted with astonish- ment that the garage replacement building contains a fully equiped kitchen facility including a built in stove, micro wave wall oven, exhaust hood, dishwasher , sink,floor and wall hung cabinets ,formica top,and built in drawers . I further observed a jaccuzi type full size bath tub/shower unit with glass enclosure.- This was in a sep- arate bath room containing a toilet and lavatory. .In addition I was stunned to note an oversized bed and a bedroom closet with clothes ; hanging therein . A telephone was in plain view. I have been informed that you have your own phone line , gas service with meter , water service with meter , and electric service with meter , all servicing the illegal dwelling on the rear of . your lot.I am further informed that you have a 150 amp electric service `.panel in the basement with a gas fired heat- ing system. All of the foregoing factors lead me to the conclusion that you have designed and built this structure with the intent and purpose of creating a separate dwelling unit on the same single family lot where your three bedroom house is located. F -2- It would allieviate our anxiety if you clearly disclaimed any intend ed residential usage of this new structure by removing the kitchen and bath room facilities which now exist in violation of zoning . These facilities which were installed by you subsequent to the denial of your- two petitions for relief by the Board of Appeals is' particularly an egregious violation of zoning. I urge you to , review the findings and decision of the Board of Appeals and I urge you to obey the law and conform your usage of your property to the zoning ordinance of the town . Your maintainance of an unlawful dwelling unit (even if unoccupied,) constitutes a continuing zoning -violation. We are requesting that you voluntarily relinquish any planned re- sidential usage of your. unlawful dwellins unit in order that some degree of civility and neighborhood unity be r6tored to those 'of us who reside here on a rear around basis.• I do not want to cause.. any more difficulty for the building commissioner of the town in his capacity as the zoning enforcement officer but we will be compelled to do so if you continue to maintain a zoning violation on your property. We are also rc§uesting "that you take steps to forthwith remove the large piece of concrete slab which your contractor placed on our land when he razed the old garage/shed where your new dwelling now stands. I understand that he did not know it was our land. I hope Mr . Barry _ does'nt think this is a health hazzard ala the wood and brush. You or your agents may enter upon our land for the purpose of effecting the removal of the concrete. We also wish to remind you of the document which. you and your former wife Marlene executed on August 29, 1976. A copy of this was re- corded by me on February 13 , 1992 in Book 787 t Page 280 of the Reg- istry of deeds. You acknowledged the boundar line between our property and the encroachment. of your driveway and electric light posts. You disclai-med any -right � or,claim of ownership •or easement and you--further acknowledged that your usage of our land was an �accomodation by us to you "and that this privilege termed an ' accomodation ' herein may be re- voked at any time by us'. Please be advised that effective immediately we hereby revoke the privilege previousl.y .granted and we request that" you remove the en.:- croachments from our land. The boundary- line is clearly m1ked by cement bounds. My surveyor located the line. by .placement of a nail" in the pave- ment . Please contact us if you have any: questions . Yours very trul , it en I ardo e 3 R don „s ToWN or SaMNsTAZLS BEP08T SUPPLDMENTART/CODiTINQgTIOB RWO'LT ; �U 1 tq DIVISION iAKE (LAST tZ1tST• l :OTE DETAILS i OBSERVATIONS-ITEMIZE EVIDENCE, SERIAL IS ETC. jnr All i R t o 1 P 1 PATRICK J. DONOVAN ASSOCIATES,INC. Claim and Loss Adjustments 71 LEGION PARKWAY- SUITE 25 BROCKTON, MA 02401 TEL. (508) 580-1475- FAX(508) 559-9041 Building Commissioner City or Town Hall Centerville, MA 02632 Insured : Joseph Affanato Property Address - - 52-Pleasant Piue-Avenue - -�- Insurer : Providence Mutual Ins. Co. Policy Number : H554-90580 Type of Loss : Vandalism Date of Loss : 4-26-97 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed$1,000 or cause Mass. Gen. Laws, Chapter 143, Section 6, to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate,please direct it to the attention of the writer and include a reference to the captioned Insured, location, policy number, date of loss and file number. On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. Herbert Muscato 4ignatureA i 5-5-97 ,i P 339, 592 324 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Se o Str6k 5N Q� P t Office,State,.&7)P Code 0�6sZ Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to Whom&Date Delivered n Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ 77 M Postmark or Date E 0 a U a i i Stick postage stamps to article to cover First-Class postage,certified mall fee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). 12 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the 4) cc return address of the article,date,detach,and retain the receipt,and mail the article. N 3. If you want a return receipt,write the certified mail number and your name and address M on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. Q 4. H you want delivery restricted to the addressee, or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. Goo CM 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. to 6. Save this receipt and present it if you make an inquiry. to I a I G �FWE • s The Town of Barnstable It BAMSCABM • 9� `M Department of Health Safety and Environmental Services ArEDMO'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 19, 1997 Mr.Joseph Affanato 152 Pleasant Pines Avenue Centerville,MA 02632 RE: Building Permit#37686 152 Pleasant Pines Avenue,Centerville,MA Dear Mr.Affanato: As you recall,the above permit was re-issued in May of 1995 with several restrictions that you r agreed to. These restrictions were: 1) The structure is accessory to the front house and as such,Mr.Affanato will live in the front home and use the accessory structure for his immediate family only to visit(i.e.two sons with families and ex-wife). 2) Use is restricted to four months per year as follows: The last two weeks of each month except January-April during which the structure will not be used at all. 3) Living space will be restricted to 298 sq.ft.maximum. Accessory use of the rest of the structure is permitted. We believed that based on the testimony at your ZBA hearing,summer usage(about 4 months per year)was not in dispute on the cottage. It was this 12 week use that resulted in our agreement. . I now understand that you do not want to abide by the terms of the building permit and essentially want unrestricted use of that cottage. You must abide by the terms of your permit as it was the basis for the permit being re-issued in the first place. I will not conduct a final inspection on that cottage until you agree to the terms of the Building permit of May 1995. In the meantime you are not authorized to use that structure at all. Failure to abide by this order will result in legal action against you. Sincerely, Ralph Crossen Building Commissioner RC:lb g970819a Certified Mail P339 592 324 TO rn �� I S1C �✓t1y Q�v�lj � 5ec�� 5 �v� ��c'C � o e�l�ll/ s 1- w�U CU�..�1� i.✓� � Rew 4(1�7/'vVC� P1�••tS ��� min. 1 Q d(iv (:)Or 4✓LGI cl eG x 07'j-n 41 c /e eql_ r 780 CMR: STATE BOARD OF BUUMING REGULATIONS AND STANDARDS THE MASSACHUSEITS STATE BUIIMING CODE :y' 116A.2 Fee and costs: All free and costs related violations until the lapse of 30 days after the to the performance of or site project issuaaoe of the written notice of violation represe-m-ation"be borne by the owner. 1185 Abatement of violation: The imposition of 1165 Building official responsibw. Nothing the penahies herein prescribed shall not preclude the contained in 790 CUR 116.0 shall have the effect of legal officer of the jurisdiction from iustilxtting waiving or ieaiting the bu lift official's authority appropriate action to prevent unlaw6ui construction to enforce 780 CUR with respect to emrnination of or to restrain, rorrect or abate a violation, or to V of srrucame or ~` the contras documents, mcludmg Plans, prevent � +8, .:� compunati speaficatioas, and field muses or to an as and pre stop illegal act,conduct,business hqx cdons(see 780 CMR 106.0). or oceupmiey of a building or sn'ucnre on or about `Y any prams. _ 780 CMR 117.0 WOMO1ANSW 117.1 General: All work shall be ronducced, 11L6 Notice or order:, service and content: installed and completed in a workmanlike and Evers'notice or order authorized by 780 CMR shall _ acceptable matmer so as to seam the results m wri'blting and shall be served on the response intended by 780 CMR 1. personally, by any person authorized by the 780 CMR 118A VIOLAIIONS building official;or 2. by any person authorized to serve civil .< 118.1 Unlawful acts: It shall be unlawful for any p,oren by leaving a copy of the order or notice at film or 'on to use, or lace of le usual change s last and Perms• occupy the P the use or obmpvray of any bufl�ng or s&ucwm or fie;or sb Pam' to erect. construct,• aher, emend, repair remove, 3. by sending the party responsibule a copy of the daaorsh ray building or structure or any equipment order by registered or certified mail return receipt regulated by 780 CMR,or cause same to be done.in requested,if be is within the Commonaroalth;or conflict with or in violation of any of the provisions 4. if the responsbile patty's last and usual place of 780 C PL of abode is urilmown, by posting a copy of this order or notice in a conspicuous place on or about 1132 Notice of violation:The building official shall the premises is violation and by publishing it for save a notice of violation or order on the person at least three out of five consecutive days in one respeaa,=for the section,construction,alteration. or note newspapers of general circulation eaermion repair,removal,demolition or ocarpawy wheeim the budding or premises affected is of a building or srrucuar in violation of the situated ptovisiorts of 780 CluIIt, or in violation of a detail statement or a plan approved dwamder, or in.. 780 CMR 119A SMP WORK ORDER violation of a permit or certificate issued under the provisions of 780 CMR Such order shall be is 119.1 Notice to owner: Upon notice from the writing and shall direct the dusconanusthse of the building office that work on awry buil�ug or illegal action or condition and the abatement of the r is being P contrary the viviolation. provisions of 780 CMR or hi an unsafe fe and dangerous manner or contrary to the- approved 1193 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with is the time period il permit application. such work shall be specified in said notice of violation the building Y moo ' The stop work order shall be official my institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain, correct or abate sub Proms 1°u"�or to the owners agent,or to the violation or to require the removal or temim don of poi doing the work;and shall state the conditions the udawfid occtpmtcy of the building or awctrme under which worn wall be permitted to ram. in violation of the provisions of 780 CMR or of the 1192 Udawfnl continuance:Any person who shall order or direction made pursuant thereto. oortimu any worn in or about the building or amcwt 2f=having bra saved with a stop work ilE.4 Valata dtiesn pea Whoever violates airy order,ea xpt such work as that person is directed to provision of 790 CMR,except any q=ialized rode perform to rummove a violation or unsafe condition, rtfeteaoPei herein, shall be punishable by a fine of shall be liable to a fire of not more than S1,000 or not more than S1,000 or by impiisomnet for not by inqxisomnent for not more than one year,or both t more than one year,or both for each such violation for each such violation. Each day during which a � day during which a violationsts co shall � rortstmte vio c a separate offense. The building official lation rusts sha11 roattiaite a sepa o rate ifeuse.shall not criminal for such � Piro S1 26 780 CMR-Shah Edition 2ni97 (Effective?128/97) ,° I , V Ralph Crossen April 13, 1995 Building Inspector Town of Barnstable. Hyannis, Mass . 02601 Res 152 Pleasant Pines Ave. Centerville, Mass . Dear Mr. Crossen: Enclosed you will find my building permit application for the accessory building located at the rear of the above referenced premises. As per the enclosed plan, the building contains 616 square feet of total space, 298 square feet of which will be residential living space. The remainder will consist of an office, storage and utility space. All aspects of the structure itself, including the roof line are in conformity with zoning. s Despite that fact and the expense involved, I agree to reduce the height of the roof line. i I understand that insofar as the use of the structure for residential purposes is concerned, that residential use will be accessory to the use of the principal residence. As owner, _ ,I will be the principal occupant -of- -the primary 'residence. The use of the accessory- structure for residential `purposes will be for friends, family, and guests . Such use for' residential purposes will be approximately 120 days' of the year: It is also my understanding that in commencing work pursuant to any building permit which you issue in accordance with the foregoing, such work does not constitute a violation of the cease and desist order issued by your department in October of 1994, as both the structure itself and the use of the structure will be in conformity with current zoning in Barnstable. Very truly yours, Joseph Affanat BUILDING DEPI j AN 13 '1996 DR ' 4ETZ LAW OFFICES 5087750992 P. 06 Town of Barnstable Zoning Board of Appeals Decision and Notice ' " Appeal Number 1994-116--Affanato FP0+Appeal of an Administrative Decision L 7 A TnV=COPY ATTEST Appeal No. 1994-116 Upheld Applicant/Owner. Joseph A canto .� J Address: CIO Edward W_Kirk,Esq., P-Q-Box 393,Osteivill Property Location 152 Pleasant Pine Road,Centerville,MA* Town Clerk Assessor's b4ap/Parcel 234-004 TOO 0.50 acres total BARNSTABLE Zoning: RD-1 -Residential D-1 District and RF-ResidentialF Disdict, Administrative Appeal: Building Commissioner's Cease 8t Desist Order on or about October 14, 1994 Activity Request To remove the cease&desist order and allow a building under construction to be completed and used for residential purposes. Procedural Provisions: M.G.L. Chapter 40 A,Section 15 Background Information: According to the Assessor's records,the parcel has 0.50 and contains a 1,506 gross sq. R floor area (GFA)single family dwelling with three bedrooms and two baths,built in 1950. The records also indicate presence of a detached garage(121t_by 22 R_)and a"shed"(10&by 22 S_). The parcel is serviced by public water,gas,and a private septic system- The subject of this appeal is the re-building of the detached garage and shed structure as a second dwelling on the lot.. The applicant is appealing a decision of the Building Commissioner to issue a Cease and Desist Order on the re-building of the structure referred to as the-shed"and as desen-bed by the applicant's attorney as "the building"in the letter to Town Officals and the ZBA attached to the Appeal- The appeal was filed November 10, 1994;and a public hearing was scheduled for December 14, 1994_ The hearing was duly advertised and notices sent to all abutting property owners as required under MGL Chapter 40A. The Hearing was opened and the following Hoard members heard the appeal;Robert Thorne,Elizabeth Nilsson,Emmett Glynn,Ron Jansson and Chairman Gail Nightingale. At the opening of the hearing,a.I==from Attorney Edward W.Kirk dated December 09, 1994 was read into the record. The letter requested a continuance of the hearing on the appeal to allow the applicant to file for other relief in relationship to this locus and appeal A copy of the letter was submitted to the file. The Board briefly discussed with Attorney Kirk the need for an extension to meet legal time requirements Attorney Kirk agreed and an extension of time was executed. A copy of the extension was recorded at the Clerk Office on December 16, 1994. The Hoard continued this hearing until February 1, 1995. At the February 1 continuance of this appeal,the Board Chairman also opened two other appeals firm the applicant for the same loess. Them;were Appeal No. 1995-17 for a Special Permit to Section 3-1.1 (3)(D),for a Family Apartment and Appeal No. 1995-18 for a Special Permit to Section 4-4.2 Non- Conforming Uses to allow two residential structures on one lot_ Given that no testimony was given in any of the cases,the Board rtconsutated its members for hearing of the appeals. The following Board s '03/30/95 THU 14:56 rTX/RX NO 51991 4d 006 DF ' 4ETZ LAW OFFICES 5087750992 P_ 07 Zoning Board of Appeals Decision and Notice Appeal Number 1994-I16 Members heard the appeal' Emmett.Glynn,Ron]amo'n and Chairman Gene Burman,'TKoumkDeRienter,�all three cases tagetha Gail Nghtingale. The Board and Attorncy tlt�to Attorney Kirk distributed a memorandum to the Board entitled"Memorandum of Joseph Affanato in 1994-116, foam stop Work 0Tder. 1995-1171171 Request for permit with Support of[A 1 Appeal Application for Sp=d pmrart For Family respect to a Non-Co1arming Use.[and) 1995-111 [18]App to the Board t^Ap A O)PY of which was also submitted to the file. Photos were submitted ey Kirk stated Showing this structure and similar accessory strnctraes within the neighbo rhood.that a number Of of accessory sanctum diem being used as residential dwellings in the local vicinity and that some of those sure:+are also tinted or leased f cq=ntlY- With consideration for this particular structure as a&MlY aparti=nt,Mr- o is sceldng a limited use for himself and his son. He bas leased his own house out and for privacy he would like to have the family apartment The septic system is sufficient as it has received a sign off from the Board of Health. With tzsPux to the Building Inspector's stop work order,the affidavits speak to the history of the building In 1958 the addition to the garage was made into living Walters for a friend of the family.The Permit was issued as accessory and was a lawful use- The tY ism in the tax bills. A non-conforming use may contirme with the saw footprint and for then same purpose and with no changes if it would have rum impact to the neighborhood 'fbetefore the stop work eider should be lifted or a special permit ordered for the non-conforuimg use. The Bid,however•felt his arguments were in juxtaposition with the zoning ordinance regarding the prohibition of having two residential structures on ore lot in a residential district- Sections 2 3.6(1)and 2-3.8 both specify that only one principal permitted wise building is allowed within all residential districts. The applicant additionally has not been able to meet the rzquirernents of a family apartment The Board noted the affidavit from,John Joakim,Jr.stating that the"cottage"was built in 1971 however ao building permits for that construction were on file. The Board cited that this is when it appears the legal usage of the building as aeocvory was breached. Ralph Crossett,Building Comatissioner added that oa July 25, 1994 Mr. AM=to sub 6ttad a sketch and lan with documentation regarding the building. He seems to have added to the footprint by sc a separate increased the height replacing an existing cottage previously nonconforming into a speei6 dwelling. The Board commented that the original nature of the use as apseasonalr�(M heat)lans ould-at definit� have only been a temporary residents. If that_use was legally ccpauded it and no permits have been issued to allow fbr that expansion- and Mr.Affansto and the builder Joseph Goant spoke in favor of the public Comment was requested appeals. In opposition,Judge Joseph Reardon spoke on the issue of expansion. He cited that a full work order was b;==t had bow muted and the structure enclosed Work had continued after the stop issued.. He contended that the residential use of the accessory building,u IF-Pl r -'�'�I ` :had been bui abandoned for non-use. Further,the zoning ordinance says you cannot have two houses on one lot He expressed the use of this accessory st mcr=as a second residents on a lot would be very detrimental to the neighborhood At the end of the hearing of Februaryy 1, 1995,the Board determined to close the hearing for public simony and wed staff of the planning department to investigate the Assessor's records as it relates to this lot and the establishment of a second building on it,and site inspection from the Building Commissioner. The Board determined to continue this cm to February 151 1995or f a decision. 2 03/30/95 THU 14:56 [T%/R% NO 51991 1a 007 DP-4ETZ LAW OFFICES 50B7750992 P. 01 : Zoning Board of Appeals � . _ Decision and Notice Appeal Number 1994-116 C* At the continuation of the hearing on February 15, 1995,the Board noted that the applicant's representative has submitted additional information but that the hearing was closed to testimony other than that requested from the staff The Board determined it would not accept the new information. The Building Commissioner viewed the construction that has taken place to date. He noted that in comparison to previous photographs of the structure,the new structure is larger as far as bulk. He noted that the nea auue =is aansidmbly larger in terms of both area and height and would certainly Constitute a second dwelling. It is to be heated for year round use with a second sorry is which a loft is pmposcd- In consideration for staff research in to the Assessor's Records.it was determined that a one garage was sse originally added to the property in 1964. In 1972,a visual assment of the property reviled that the one car garage had increase in size and was 22 feet by 22 feet,one area(352 sq.ft)was the garage,and along side of that area 2N sq.fL constituted the"cottage"stn►cture. The building was not heated The Board reviewed affidavits submitted and decided that this information was consistent with the affidavit submitted by John Joakira,Jr.who owned and resided on the property at this time. Findings: At the hearing of February IS, 1995,the Board unanimously made the following findings of fact as related to Appeal 1994-116,an appeal of the Building Commissioner's Cease dt Desist Order 1. Zoning in this area of the Town was originally adopted in 1951. 2. According to the Town's Assessor's Records,prior to 1960 there was no accessory building on this Iot 3. According to the Assessor's Records,an accessory building was built or moved on lot in 1964. 4. During this time zoning allowed only one principal permitted use structure,a single family residential dwelling on a lot. Accessory uses and sauctures were permitted under zoning at that time,provided that the use be customary and incidental to the primary use for single family. S. Although testimony has been provided that the accessory use in this building was for habitation on a transitory and temporary nature it is not customary and incidental on a lot with a single family dwelling. 6. The accessory use of a separate dwelling ou this lot during this time period was not an allowable use under zoning. The accessory use being made of this mucture was an extension of the primary use,the single fazrtily dwelling as evidenced by the testimony that no kitchen,no hard water lines,no cesspool and no heat was provided for in this structure 7. The Asscssor's Records from 1972 do not note this accessory structure as a separate residential unit Motion: In accordance with.the findings,a motion was made by Ron Janson and seconded by Emmett Glynn to sustain and uphold the Building'Commissioner in Appeal 1994-116. The vote was as follows: Aye: Gene Burman,Tom DeRiemer,Emmett Glynn,Ron Janson and Chairman Gail Nightingale Nay' Nay Order. The Cease&Desist Order of the Building Commissioner has been Upheld. Appeals of this decision, if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17, within twenty(20)days after the date of the filing of this decision in the offios of the Town Clerk. . ightingale,OWMMIJ Date i N 03/30/95 TgiJ 15:02 rT%/R% NO 52001 0 001 DRANETZ LAW OFFICES 5087750992 P. 01 Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 I Linda Leppanen.Clerk of she Town of Barnstable,Barnstable County,Massachusetts.hereby certify that twenty(20)•days have elapsed since the Zoning Board of Appeals Sled this decision and that no appeal of the decision has bees filed in the office of the Town Clerk. Signed and sealed this day of 19 under the pains and penalties of perjury. Linda Uppanen,Town Clerk 4 03/30/95 THU 15:05 [T%/R% NO 52011 lao0i f - r -4 Q When did you first have contact with Mr.Affanato? A 7/25/94,when he applied for a permit to replak a cottage Q What was your understanding about that cottage's legal status at the time of his application? A That the cottage was a preexisting non-conforming use. (I will elaborate) Q Did you learn soon after this that your understanding of the cottage's legal status was. wrong? A Yes, information from abutters began to question it and we were somewhat convinced from this that we had been misled. Q What did you do next? A Issued a Stop Work Order and told Affanato to prove what permit application said(i.e. lawful cottage) Q Did he do that? A He hired a lawyer and he appealed my decision to the Zoning Board`of Appeals in November of 1994. Q What happened at the Zoning Board of Appeals?' A My Cease and Desist order was upheld;in other words,the cottage was not proven to be a • . grandfathered second dwelling on this lot. This was on February 28, 1995 Q In April of 1995 did Mr.Affanato modify his permit application request in response to his Zoning Board of Appeals decision? A Yes,he applied to finish the building but only use it as it was proven before -3-4 months per year only for Mr.Affanato's family,only 616 square feet of living space,and Mr.Affanato would live in the main house. This way,it would be an"accessory use"and only the size and use as before. Q Did you issue that permit? A Yes,on May 1, 1995 with these conditions. Q Did Mr.Affanato follow the plans? A No. '(I will elaborate) g991015a 1 Q Did he finish the building? A Yes,but final inspections were not done and no Certificate of Occupancy was ever issued. Q Why? Partly because he traveled a lot,partly because it was not requested and,finally,because it went far beyond what was approved. Q How? A Loft,more then 616 square feet,he started living in it. Q Did he admit to living in the cottage? A No,but on October 2, 1998,on an unannounced visit,I went in the cottage with Mr.Affanato and found proof. (I will explain.) Q Did you let Mr.Affanato know'of your displeasure? A Yes,he now says he never agreed to those restrictions. Q Did you issue an order to him after that? A Yes,gut the cottage,use as a shed. Q Why? A Because he violated the terms of the building permit 3 times,violated the order of the Zoning Board of Appeals,and we are convinced he will continue to do as he pleases in the future. r g991015a 2 r.. e"E The Town of Barnstable • �errsr,►si.�, s Department of Health, Safety and Environmental Services i639. � 'OrED Mo't A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner REPORT Re: Joseph Affanato 152 Pleasant Pines Avenue, Centerville,MA 1. On 7/25/94 Mr.Affanato applied for and received a permit to rebuild a cottage at 152 Pleasant Pines road in Centerville. This cottage was in his back yard and was a pre-existing non-conforming use. It was to be the same size.(enclosure 1) 2. In August of 1994 questions arose as to the cottaage's lawful status and Mr.Affanato was asked to stop work and prove the cottage was pre-existing non-conforming in September of 19.94. (enclosure 2) 3. Statements were supplied by Mr.Affanato from two sources in September of 1994. These were not convincing enough so the cease and desist remained in force. (enclosures 3&4) 4. A lawyer representing Mr.Affanato filed an appeal to the Zoning Board in November of 1994. 5. November of 1994 a request was made by the attorney for me to reissue the permit as an accessory use so the building would not sit there half built waiting for the appeal. They wanted to still pursue their appeal. (enclosure 5) 6. The Barnstable Zoning Board denied the appeal on 2/28/95. (enclosure 6) 7. In April of 1995 Mr.Affanato requested that he be allowed to finish the structure and use it as an accessory use only. He signed an affidavit that he would use the building four months per year as was undisputed at the Zoning Board on the building's history. Also he agreed to use it by his family and friends only,and he would live in the front house,thereby making the rear house accessory to the main dwelling. (enclosure 7) 8. 1 issued a new permit on 5/1/95 with these conditions attached to it and lifted the stop work order. (enclosures 8&9)) 9. In 7/95 the building was constructed too high and with a second floor deck which was not on the approved plan. (enclosure 10) 10. Mr.Affanato was ordered to modify the building after new plans were prepared. This was undertaken as ordered. 11. Complaints continued into 1996 and 1997 that Mr.Affanato was living in the rear cottage;however,we could never obtain verification of this,and he denied it on all occasions. g981104a �3 12. On 10/2/98,Mr.Affanato told me on an unannounced visit that he was not living in the rear,but his tenants were letting their friends stay there from time to time. 13. 10/2/98. My inspection on that unannounced visit revealed the proposed office in the cottage was in fact a bedroom with a single bed with bedding messed up as if it had just been slept in. Also,the bathroom shower had a bar of soap that was 1/3 of its original size indicating continued use. Mr.Affanato claimed he lives in a room in the main house. 14. On 10/2/98,Mr.Affanato said he never wrote an affidavit agreeing to the restrictions in the cottage and would not agree to them. (enclosure 7) 15. It is obvious that the use of that rear cottage as a dwelling of more than 298 sq. ft.without an office is in' violation of 780 CMR Chapter 1, Section 118.1, 118.2,and 118.4.-(enclosure 11) 16. It is further clear that using the structure in a manner the Zoning Board denied is a violation of local zoning. 17. For the above reasons,we feel the structure should be gutted and used as a shed or similar accessory use.With Mr.Affanato resisting cooperation,we seek the court's assistance. (enclosure 12) Ralph M.Crossen Building Commissioner November 4, 1998 2 y EDWARD W. KIRK ATTORNEY AT LAW.':' WIANNO PLACE 901 MAIN STREET OF COUNSEL OSTERVILLE,MASSACHUSETTS 026SS-0393 P. O. BOX 393 RICHARD C.ANDERSON (SOS)428=41 11 Building Inspector November 30, 1994 Town of Barnstable Town Hall Hyannis, Mass . 02601 TOWN OFBARNSTABLE Attn:Ralph Crossen BUILDINGDEPT. DES, 19 Re-•°-Joseph Affanato , 2 nn 15�2Pleasant Pines Ave center'v :lle.' Mass� t:= ' Dear p'h`oA;e' You may recall that at the time of filing an appeal on behalf of my client with respect to your cease and desist order, I spoke with you relative to my client' s wish to continue to work on the structure for the sole purpose of enclosing the structure and shingling it in order to prevent any damage which may be caused by weather. I stated that your agreement to allow such work to continue for that purpose would not create any rights in my client, and that we would not seek to argue at a later date, that such agreement was to be in any way construed as an. approval of the proposed use of the structure for residential purposes . We are aware that the alteration of the structure for residential purposes must be approved by the Board of Appeals . After consultation with the Town Attorney, you stated that in order for you to allow the work to proceed even for the limited purpose of protecting the structure, the existing permit application would have to be amended and the proposed use as set forth on the application would have to be a permitted accessory use. In a spirit of cooperation, we are willing to do as you have asked. I must make clear however, that by submitting an amended application which will show a proposed use of the structure, which is other than residential, we are not abandoning the use of the structure for residential purposes, nor are we waiving our position that the prior use of the structure for residential purposes is a lawful pre-existing non-conforming use. Rather we are specifically asserting and reserving the argument that the prior use of -the structure was a lawful non-conforming use and that it's alteration to provide for that same use is also lawful . L Ralph Crossen November 30, 1994 page two The submission of an amended application at this time is strictly an accomodation, made in good faith, to your request that we proceed in this fashion at this time, as a means of protecting the structure. If the foregoing is in accordance with your understanding of the situation, I would request that a permit allowing the work to proceed, be issued upon submission by Mr. Gallant of the amended application, which will state that the structure will be used for storage. If, on the other hand, there is any question or disagreement with respect to the basis upon which the amended application is being submitted, . would you please let me know as soon as possible. Thank you for your cooperation in the matter. Very truly yours, Edward W. Kirk EWK/se -r BARNSTABLE PAGE 8 _ o .y• A 14 •-Y0.. .�i01 p N GONE�P ,Ire WAlf a• 3 tip Me 17 so i 3 i a _ R1°6L .1 T PorlD' t�tE CIO 4�w Zlb ri'lle"OCO 00 OR dt �o�'� '� ��9.GAQ� J1OQe�Y • P � 0 �AtO Ro Cyc9p� �pC JbN J` �s op Do Ti A C7N;, (lb 4 ip Q 1p0 ut L n c 00 Iri ds C. caz s/Wyl t `P�eJ1E 41q�,[`4V OLD ROUTE 02 fa :v 4 'er6b aro ;o 4A ` AMr Am ��_ —d �20 g o � w �� � ,t .• y �O a 8[Uf a1 z p Sip yRD y� .. 3• �h �O + . . .. � y+ � I93 WEQUAGIUEf :. BEAR6C G R CDs o qy 2 + SHALLOW SS LAKE o:. Poop . .t�0 l4• 8dhy ;W 12i I Iy 3 N �v . V y�90 IS RO R /a -Zoe- e"- s y _ r pry vi �ih� o y w / /elsue lu/ ouYs TOWN OF BARNSTABLE BUILDING DEPT. t D NOV 2 5 1994 . i I s � X • , � 3 � 2. 6. Michel Mangalo -The Gateway building 342 Main Street- Barnstable Road side Install an elevator for 2nd floor handicapped access $40,000.00 $10,000.00 7. Helen Anzouni Plymouth & Brockton Bus 17 Elm Street Two new signs $3,300.00 $1,600.00 S. Dick.McCarthy -The Patriot Press 24 Pleasant Street Add glass museum/gallery room to building $15,305.00 $7,500.00 9. Furman, Cannon & Ross 255 Main Street Rennovate three storefronts $54,000.00 $30,000.00 I � r/ v C Hyannis Area Economic ,I Development Corporation Downtown Facade Improvement Grant Applicants Name of applicant Address of building/site Proposed rennovations Total project_cost Amount of grant requested 1. The Gourmet Brunch -Joe Cotellessa 517 Main Street New glass front to be`added to building & new hand carved wooden sign $19,500.00 9 $9,500.00 2. Rick Shechtman 561 Main Street (formerly Soft licks) Complete new clapboard siding, windows, doors, picket fencing, landscaping $27,993.00 P 9 $10,000.00 3. Charlie Brown - Nam Vets Association 565 Main St. Modify existing entries to handicapped code $12,000.00 $6,000.00 4. Larry Mahan - Puritan Pontiac 90 High School Road Complte rennovation of builing front $137,000.00 $10,000.00 S. Maggie Sweeney, Maggie's Ice Cream 570 Main Street New handicapped access ramp along with new, expanded deck - $9,900.00 $4,900.00 A Division of the Hyannis Area Chamber of Commerce 1481 Route 132 Hyannis,MA 02601 508 362 5230 Fax: 508 362 9499 ROBERT J. BAUM, P.C. COUNSELLORS AT LAW 20TH FLOOR FIFTY MILK STREET BOSTON. MASSACHUSETTS 02109 TEL(617) 292.8877 FAX (617)482.9710 November 23, 1994 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 679-683 Main Street, Osterville MA Dear Mr. Crossen: This will confirm our discussion and my request to you yesterday afternoon regarding the matters related to drainage on the site which was the subject of , a document signed by Catherine McDowell on October 21 , 1994, as a condition to the Temporary Occupancy Permit for Building "A" . You advised me that the drainage work met with your approval, and that a permanent Occupancy Certificate had issued. I requested that you send me the original document signed by Ms. McDowell as required under the agreement. Thank you for your anticipated cooperation in this matter. incer ly, _Robert J. aum, P.C. RJB:rtg cc: Mary Jacobs, Assistant Town Manager Robert Smith, Town Attorney Catherine McDowell Silvia & Silvia Associates, Inc . (� UiLJ1II< a '� u FT G . (�( � 1ROT 2 8 1994 ,;i ; cape cod mall November 23, 1994 Ralph M.Crossen Building Commissioner Town of Barnstable 367 Main St. Hyannis, MA 02601 Dear Mr. Crossen, In response to your letter of Nov. 14th, please be advised that we have contracted General Sign Co. to provide us with signage to bring us to compliance regarding handicap parking at Cape Cod Mall. We will make every effort to complete this project by Dec. 2nd. Any difficulty achieving this tarcret date will be communicated to you immediately. Yours, Le J.;�ein Gengal Manager Cape Cod Mall BUILHNIG DEFT. . NOV 2 v 1994 cc : Bob Barnes Davenport Realty Trust • Route 132 • Hyannis, Massachusetts • 02601 • 508-771-0200 • 508-771-2588 fax • CAPE COD COMMISSION 3225 MAIN STREET O 0 P.O. Box 226 v BARNSTABLE,MA 02630 • • 508-362-3828 FAX:508-362-3136 To: Barnstable County Local Historical Commissions, Historic District Commissions, Old Kings Highway Historic District Committees, Building Commissioners, Planning Boar From: Patty Daley and Sarah Korjeff, Cape Cod Commissio &. Date: November 23, 1994 RE: Clarification of Proposal to Restrict DRI Referral of Single Family Homes This memorandum is to clarify a proposed change to the Cape Cod Commission's regulations which would eliminate discretionary referrals of single family homes. The proposal was the subject of a public hearing before the Commission on November 3, 1994 and is currently pending before the Barnstable County Assembly of Delegates. The Assembly will hold its public hearing on the proposal on Wednesday, December 21, 1994 at the Chamber of the Assembly, First District Court House, Barnstable, MA.- There has been some question about how the proposal may restrict DRI review of historic structures on Cape Cod. The proposal does not change the mandatory referral threshold for demolitions or substantial alterations to listed historic structures outside a municipal historic district or the Old Kings Highway Regional Historic District. As currently drafted, the proposal would restrict the discretionary referral of any single family home, regardless of age, which is not listed on the National or State Register of Historic Places. Adoption of the proposal would prohibit Commission review of demolitions or substantial alterations to an unlisted historic structure only if it is a single family home. During the Commission's public hearing, some concern was expressed for potentially significant historic resources which have not been listed on the State or National Register of Historic Places. Until such resources are recognized at the local level and thereby added to the State or National Register, they may receive less protection under this provision. Please contact us at (508) 362-3828 if you require further clarification of the proposal. For information about the upcoming public hearing before the Barnstable County Assembly of Delegates please contact the office of the Assembly Clerk at (508) 362-2511. rf NK 2 8 1994 �'' oo _ ./ `* Of LAW OFFICES OF _ PHILIP M. BOUDREAU NOV) 2 2 1991 . 396 NORTH STREET ``';� r= HYANNIS, MASSACHUSETTS 02601 (508) 775-1085 Telefax: (508) 771-0722 Philip M. Boudreau Philipp Michael Boudreau Mark H. Boudreau November 22, 1994 HAND DELIVERED Robert D. Smith, Town Counsel Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Lot 6, Rainbow Drive Centerville, Massachusetts Dear Mr. Smith: As you are aware, I represent Jacques Morin concerning his construction of a single family dwelling on the above- referenced lot. While the lot in question does not comply with current zoning requirements, it was in compliance with all dimensional requirements of the Zoning Ordinance in 1983 when it was placed in ownership separate from all adjoining property, a status it has maintained to date. Earlier this fall, Mr. Morin applied for and received a Foundation Permit for the single family home presently under construction on locus. Submitted with his application was a proposed site plan which placed the dwelling forty-five feet back from the street line. The foundation is in and a Certified Plot Plan confirms its placement as such. A question of interpretation of the Ordinance has since arisen however. Mr. Morin's submittal for a Building Permit was recently denied by the Building Commissioner on the ground that the placement of the structure on the lot violated the lot width requirement. (Locus lies within a so-called "width district" requiring one hundred feet in width. ) I have examined the relevant provisions of the Town's Zoning Ordinance and submit the following: I For a lot to meet the width requirements of the Ordinance, the lot's width "shall be measured wholly within the lot at the building setback line along a straight line parallel to a line connecting the intersection of the front boundary with the lot side lines, except that an owner of land may establish his own setback line at a distance greater than that required and the lot width may be i determined at the setback line so established, " Barnstable Zoning Ordinance Section 7 - Definitions. j It is important to note that the width requirement of the Ordinance is found exclusively in zoning districts which permit "pork chop" or "panhandle" lots, i.e. lots comprised of narrow strips of land running back from minimal frontage on a road to a wider portion in the rear which is used for the building site. A reading of the Ordinance as a whole, leads one to the conclusion that the width requirement was crafted to deal with the peculiar circumstances of panhandle lots and was intended only to prevent construction of structures in the panhandle portion of these lots. The definition of lot width set forth hereinabove bolsters this conclusion by making provision for meeting the width requirement further back than the minimum building set back requirements of the Ordinance by allowing an owner to create his own set back line further back on the lot at a point where that lot is wide enough to meet the width requirement. The initial determination by the Building Commissioner that placement of the structure establishes .the building set back line for purposes of measuring the lot width appears inapposite to the clear intention of the Ordinance that building set back provisions are intended as minimum set back requirements and not as firm indicators of where structures must be placed, Town of Barnstable Zoning Ordinance, Section 2-3 2. This determination necessarily implies two different meanings for "building set back" within the same Ordinance unless. one is willing to presume i that the. Ordinance was intended to require construction of improvements on the set back line - a conclusion plainly not supported by the express language of the Ordinance, Town of Barnstable Zoning Ordinance Section 2 3 2. Even if we can assume that a different meaning for set back was intended for purposes of measuring the lot width, the definition of lot width clearly implies discretion as to where the width is to be measured in the event that an owner elects to establish his own setback line further back from the building set back line required under the Ordinance. In such a circumstance the "lot width may (emphasis added) be determined- at the setback line so established, " Town of f Barnstable,_ Zoning Ordinance Section 7 Definitions. I would submit that if the drafters of the Ordinance had I :y intended that the lot width must be measured where the building was constructed, they would have used "shall" instead of "may" therein. In sum, it is my opinion that the Building Commissioner's refusal to issue a building permit on the ground that placement of the structure on locus at a I where the lot does not meet the width requirement violpoint ates the Ordinance is incorrect. I would respectfully request that this matter be reexamined in light of the above. i i 2 Sincereaael Boudreau PMB/hcg Enclosure CC. Ralph Crossen, Building Commissioner S i • I I + I I 1 I i i O Uno Restaurant Corporation, 100 Charles Park Road, West Roxbury,MA 02132 617-323-9200 EST. 1933 • SM CERTIFIED MAIL, RRR (P823 687 702) November 22, 1994 TOWN OF BARNSTABLE Building Commissioner 367 Main Street Hyannis, MA 02601 Re : UNO RESTAURANTS, INC. d/b/a Pizzeria Uno Dear Sir/Madam: Enclosed herein on behalf of the above referenced establishment, please find our 1995 Application for Certificate of Inspection, together with our check payable to the Town of Barnstable in the amount of $40 . 00 the fee due. I' ask that-upon issuance of-`the certif"icate, it be -sent _to my attention at the above -address, -so I may -forward,-it to the restaurant . - - _ If you have any questions or require any additional information, please do not hesitate to contact me at the above telephone number, extension 336 . Thank you for your attention in this regard. Very truly yours, — UNO RESTAURANTS-, INC. Baker n Paralegal/Administrator 1 J Enclosures (As Stated) i 3 is r 11-22-1994 08:50AM CENT OST FIREDEPT 5087902385 P.02 Ceat.terviCCe-Ostervt'CCe--marstons NIC& Fire District -,, Office of the Fire Department �J 1875 ROUTE 28 CENTERVILLE,MASS,02632-3117 John M. Farrington Tel. Emergency 508-428-9111 Chief Non-Emergency 508-790-2375 November 21, 1994 TOWN OF BARNSTABLE BUILDING DEPT. Building Committee Barnstable Middle School NOV, 2 2 19H I 730 Osterviile-W. Barnstable Road I Marstons Mills, MA 02648 Dear Members: I am writing to bring you up to date on the status of all systems and items which are relative to codes, ordinances and safety concern, at your new structure. 1). items missing in specific required systems or other codes & ordinances: A). Fire Alarm System: 1). Pull station in boiler room missing (contract). 2). Manuals on site for fire alarm system specific to your building (contract). 3). Automatic shut down of ventilation fan by fire alarm system. 4), 'Test of A.C. unit blowers and vent fans once connected to F.A. system. 5). Guards to cover pull stations in gym (contract). 6). Uninterupted power source for computer terminal controlling system. B). Sprinkler System: 1). Move sprinkler head in lumber storage to provide proper protection. 2). Written explanation of why additional sprinkler heads are not needed in southeast and southwest stairway first floor. 3). As built plans for sprinkler system and other related paperwork. 0). Confined Spaces: 1). Signage for all confined spaces on inside of hatch covers as required by OSHA Standard for Confined Space 29CFR1910.146: (Four areas on site). 0). Signage on Chemical Storage Door: 1). Place proper signage on door after receiving material safety data sheets (MSDS) for chemicals used in waste water plant. Signage shall show: Wealth, hazard, fire hazard, reactivity and any specific hazard B). Documentation of interior finishes meeting smoke & flame limitation requirements by life safety code. i 11-22-1994 08:50AM CENT OST FIREDEPT 5087902385 P.03 Building Committee Barnstable Middle School November 21, 1994 page 2 2). Safety items which need completion: A). Railings around all pits in wastewater plant. B). Labeling of all emergency shut off switches for electric and gas in the following rooms: 1). Kitchen 2). Industrial education (wood and metal shops) 3). Science labs 4). Home sciences (cooking) C). Labels on electric panels indicating emergency generator connected to system (School and wastewater plant). D). Emergency power disconnect switch on exterior of wastewater plant. E). EMS' key for elevator: This items was recommended by the State Elevator Inspector at time of inspection. Note: Elevator installer, inspector, fire department and Bob Brcokhart were given verbal confirmation by Paul Lebel to proceed with installation on day of elevator inspection. The Fire Department cannot require this key to be installed, however, with the recommendation of the State Elevator inspector, we feel that it is reasonable to require such action for public safety. F). Access roadway to south end of playing field on Qstervilie-W. Barnstable Road. This item has been on the agenda since the beginning of the project and has been included in other lists provided to Paul Lebel and Bob Vogel of Keys Associates. The Fire Department will continue to require this access and it will be refered to the Building Commissioner, Ralph Crossen, as it was part of the site review process. 11-22-1994 08:51AM CENT OST FIREDEPT 5087902385 P.04 s Building Committee Barnstable Middle School November 21, 1994 page 3 The above two list need to be complete in a timely manner as all are very important in providing a safe structure for students, teachers, staff, visitors, and public service personnel. Hopefully, this letter will help your committee in making necessary calls and requests to all parties involved. Finally, I would like to inform you that Building Commissioner Ralph Crossen was notified by the Fire Department that items required for the issuing of an occupancy of your new structure have been substantially complete as of November 18, 1994. Thank you, Craig E. Whiteley Z. - Deputy lire Chief ,C lI lvl Fire istrict L:• 1, %l cc, Ralph Crossen Bob Brookhart Bob Vogel Callahan Construction MARKWOOD C O R P O R A T 1 O N 10 Seaboard Lane•Hyannis,Massachusetts 02601 508/778-0734•FAX 508/778.0770 November 21, 1994 Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Cobblestone Landing Building Permits Dear Mr. Crossen: In responseyour to you. letter dated November 1E:, 1994, attached please find a copy of the building permit and the as—built plan for Lot 20, 103 Centerboard Lane. This must have been misplaced. Also attached are copies of the building permit and the as—built. plan for Lot 97, 6 Tidal Lane. This home is at the sheetrock stage at this time. I understand that any other permits need new applications, which the application for Lot 28, 14 Seafarer Lane has been submitted. If Ellen or I can be of any assistance, please let us know. Sincerel Tim Pearson President TP:eh UrL„'; 4;...: --z Log no. . 94:986 'J NOV, 2 8 19 94' Attachments C:RAIGVILLE RMIXY CO..,, �I wWt CHAMV11,I,11, HIO.A41.11 It„An ilex 216 REALTOR$ VVVti'I' lIYANNitiI'l)It'!', MASS. 02672 MAUTIN THAYWIClC MI:MBF.It MLS I{8A1�7ttp 508 - 775-8174 P'ax 508- 771.5336 DATE: November 19, 1994 TO: Town of Barnstable Building Dept. 'AX: 775-3344. ATT. Buddy Martin FROM: Martin C. Traywick Dear Ouddy, Your office said you would not be back until about 3: 30 and I might miss you and hope the fax will uuuumplish the purpose. You probably don't remember me but Kevin shearer is helping me build my house at 40 Sam Meadow Circle. Kevin told me to notify you that the plumbing k wiring inspection Should be completed early next week and that Rohn Burridge would be ready for an insulation inspection earliest Friday, 11/25 and certainly by MOnday! 11/28. We were hoping you could schedule the time to do so. please call me at 775-3174 or Kevin 771-1Z30 for questions or inatruptions. Thanks. November 18, 1994 Quincy Savings Bank j Ralph M. Crossen BUILDING DER j Building Commissioner Town of Barnstable Nov, 2 8 1994 367 Main Street Hyannis, MA 02601 RE: 521R Main Street, Hyannis, MA Dear Mr. Crossen: At my request, on September 30, 1994, Bill Tetrault of Myles Standish Homes, Inc. , met with you to discuss the Bank's proposed repair plans to the egresses of the above referenced property and to request a permit to make the necessary repairs. You denied the permit request. On October 4, you responded to our request with a letter outlining those items you deemed created "serious safety problems" . Since then, we have replaced approximately nine gas heaters, furnished hot water supplies for each unit, and repaired the service drop. This work was completed in addition to our normal maintenance. However, I have been awaiting a response from you regarding potential acceptable resolutions to the egress situation but find it is not in our best interest to wait any longer. As a result, we are requesting that you issue a permit for renovations to the existing egresses as outlined in the attached correspondence by Bill Tetrault of Myles Standish Homes, Inc. Mr. Tetrault has been a customer of the Bank for many years and has been a valuable builder\contractor resource in assisting the Bank as we have worked through the disposition of millions of dollars of bank-owned property. Mr. Tetrault holds several builder\contractor licenses with the state including Remodeler's License No. 109892 . As we discussed, the Bank is Mortgagee-in-Possession, not the owner of this property. Although I am not permitted to discuss the owner\borrower's situation, I can state that the owner retains the right to sell the property in satisfaction of the debt. In short, we may never take title to this property. We would appreciate your cooperation in regard to this matter. Sincerely, Jea nine arshall Special Assets Main office: 1200 Hancock Street, Quincy; A'IA 02169•Telephone(617)471-3700 connecting_ all offices A wholly-owned subsidiary of Excel Bancorp, Inc.. Member FDIC/DIF\1 54U"I Box 545 Marshfield, MA 02050 Telephone (617) 837-6331 November 21, 1994 Jeannine Marshall Quincy Savings Bank 1200 Hancock Street I Quincy, MA 02169 RE: Necessary Repairs To: 521 Rear Main Street, Hyannis, MA iDear Jeannine, With reference to the above property, the following work needs to be done: Replace all rotted joists, decking, and trim boards. Paint all unpainted areas exposed to the weather. Remove and replace with new railingswhere needed. Sand and paint with rust-inhibiting paint all remaining railings. If you have any questions, please do not hesitate to contact me. Sincerely, , William H. Tetrault WHT/f l l f I JAN-01-1900 15:23 FROM TO 7753344 P.02 I�✓ '1 bJ.f +©L ter+.— ..-� NOV-17-1994 09'49 BDA CONSTRUCTION N S I 117 MIN trash, BOM%Maoes►Outgli aR 02 - (617 452 =119 , fA-E.m a A 29 Q UM Yo; Mr,Ward Metihlnnyy (Via FAX 326 0872) 8DA-Boston DeYefapment Associates COn,�trttGtiRn Co., Inc. From; lack Liebman Subject: ML Hyannis,MA- Private Client Croup 973 Iye O*Street yBA Project No, 93092 Date: November 17, 1994 Paul Brandenburg-Merrill Lynch[Via FAX; 1 (k09) 2022571 hlorman Adams, Meward Thompson, Chris Loc cry- YBA Per your request;, t am stating what Mr. Norman Adams of junWBrannen ; Associates, inc,was requested by Mr. Ral h CarosSen, Building Commissioner, Barnstable County, MA on Wednesdays November 161 i 994. Mr:Croswn requested Mr,David Drinkwater of SDA last Thursday to supply him with tha actual dimension for the distance from each agrees door and the distance of the diagonal of the Merrill lynch leased space to determlrlis the remoteness of the WM egress doors, hie ir<mumInj one.half of the overall diagonal dimension and requested that we also identify the section of the code that reduces the length from one-half to one- quarter. ' on page 8-7 of the p ' '0 4 tho M;A=ChUgW_5MAijt 161• Section 807.4.1 addresses the issue of remoteness: nwhere two exits access daars are required,*they shall be-placed.a distance apart equal to p,at loss than one.haif of the ena-th of the maximum overall disgohai. dimension of the building or area to to served" On pop 8-a of the same section 607.4.1 an exception Is alloyed: "In buildings equipped throughout With'an >lpprOved alltOM299 fire . suppresslon system, the mimunum separation distance shall.be dhe fourth the length of the maximum overall diagonal dimension;" The scaled dimension of the overall longest diagortal IrvtM>w Merrill Lynch leased space as identified on the Partition Nan & Reflected Ceiling Plan,A•101, dated 9i13,04 is top feet, The Scaled dimension In a stralght line-between the two exit doomftm the Merrill Lynch leased apke is 77 feet,which exceeds,both the required one-half length of 70 feet and the otefourth length of 33 feet, t trust the above will help should you require an accurate description of the telecarnmunicatlonR report,; please call If you have any questions. ti.� m3 e %nr wz",se 06t 4z n0W � 1 NUTTER,McCLENNEN & FISH ROUTE 28-1185 FALMOUTH ROAD I P.O.BOX 1630 HYANNIS,MASSACHUSETTS 02601 . TELEPHONE:508 790-5400 FACSIMILE:508 771-8079 DIRECT DIAL NUMBER i November 17, 1994 Ralph Crossen, Building Inspector Town of Barnstable Barnstable Town Hall Main Street Hyannis, Massachusetts 02601 Re: Site Plan Review Application - Cape Cod Chrysler Dear Mr. Crossen: I am writing to request that the recently filed Site Plan Application which we have filed on behalf of Cape Cod Chrysler, ' was referred informally on November 10, 1994 , be placed and which a Y on the agenda for Site Plan on December 1, 1994 . I met yesterday with the Planning and Engineering Department and have clarified the previous Site Plan history regarding the Saturn project . I will also plan to meet with you prior to December 1st to review any necessary zoning interpretations : Thank you in advance for your assistance in this matter. Very truly yours, Patrick M. Butler PMB: jl 86046 1.WP6 SITEC TGtiA 1--tr,�,��►;=,1�I L 5�'ILDIINU DEPT Civil and Environmental Engineering —j Land Use Planning jJ11 tAf o�/ L n LA yy ,Y Y 1994 M, SITEC, Inc. 13 Welby Road New Bedford, MA 02745 (508)998-2125 FAX(508)998-7554 TO:. Building Inspector Town of Barnstable FROM: Fred K. Hanack, P.E. DATE: November 17, 1994 SUBJECT: SITE INSPECTION #4 RED LOBSTER, HYANNIS, MA 11 /15/94 @ 1 : 45 p.m. Roofing is complete with one half of roof units in place and roof air handling units being set on the roof, ready for installation; Framing for parapet wal-1 above roof is completed, except for caps; Plumber was testing water pipes within the building at 145 psi; Heating contractor is placing insulated air conditioning ducts; ° Kitchen units are inside building, ready for installation. Refrigeration/cooler units are in place; ° Electricians were pulling wires through conduits within the building; ° Slab in vestibule and adjacent to kitchen area was cut to accommodate plumbing for lobster tank; On the outside the following work was noted: ° Concrete slabs and gates for outdoor trash areas was completed; Perimeter sidewalk around the building is in place, except on North side (where it was removed due to improper grading and workmanship; -2- Shrubs are delivered to the site and called-for trees are being planted; Granite curbing on back entrance is in place; ° All foundations and Pads for outside electric poles are in place and wired; Fire Chief has requested that the turning radius near the rear entrance be widened to accommodate his trucks. The site contractor is aware of this required change. I f I l SUN NLF LIMITED PARTNERSHIP 6001 North 24th Street, Suite A Phoenix, Arizona 85016 Phone: (602) 468-1090 . Fax: (602) 468-1292 November 9, 1994 Via Facsimile (508) 775-3344 and Regular U.S. Mail Mr. Ralph Crossen, Building Commissioner 367 Main Street Hyannis, Massachusetts 02601 Re: Asset No. 1186 Beech Leaf Landing Lots A, C, D, & F Plan of Land in Barnstable Massachusetts (Centerville) Parcels 187-003-007; 187-003-004; 187-033-055; 187-003-003 Dear Mr. Crossen: This date I requested that paralegal Janet Hone, of this office, call you regarding my letter to you dated October 3, 1994 (a copy of which is enclosed for your reference). She was advised that you were not available, and that no record existed of the receipt of our earlier letter. As you know, during a previous telephone conversation with Ms. Hone, you indicated that our requests for information as to this property needed to be in writing and mailed to you. We still await your response. Upon receipt and review of this second request, please call me at (602) 468-1090 to confirm your receipt of this letter and when we can expect a response to our inquiries. Thank you for your attention to this matter. Sincerely, Atephefi M. Pratt, Esq: cc: Dennis M. Breen, III, Esq. Larry Hams SUN NLF LIMITED PARTNERSHIP 6001 North 24th Street, Suite A Phoenix, Arizona 85016 Phone: (602) 468-1090 Fax: (602) 468-1292 October 3, 1994 Mr. Ralph Crossen, . Building Commissioner 367 Main Street q Hyannis, Massachusetts 02601 _ Re: Asset No. 1186 Beech Leaf Landing Lots A, C, D, & F Plan of Land in Barnstable Massachusetts (Centerville) Parcels 187-003-007; 187-003-004; 187-033-055; 187-003-003 Dear Mr. Crossen: Last week you spoke with paralegal Janet Hone, of this office, as to the above-referenced property. You have requested a letter from our office before you are willing to discuss this property or answer the questions we have regarding various permits for this asset. Sun NLF Limited Partnership, a Delaware limited partnership, is the first mortgagee on the property, having purchased the mortgage from the Resolution Trust Corporation, as receiver of Sentry Federal Savings Bank, on August 25, 1993. Currently we are in negotiations+with the borrower, Mr. Silvia, and need to know about the current status of the project.. In that regard, we need to check the accuracy of certain information furnished to us. We are concerned with the following issues: 1. Have the building permits expired? If so, will there be any difficultyin having avn g them renewed or reinstated? 2. Has the"Conservation Permit as to Lot D expired? 3. Are the existing Septic Permits valid? a. Is'the duration of the existing Septic Permits uncertain, due to the new Title V regulations? 4. Have there been citations issued for violations of State, County, or Municipal V. Codes in connection with construction on this property? Page Two Mr. Ralph Crossen Town of Barnstable October 3, 1994 5. Are there any environmental issues or problems outstanding that would impede the construction of single family dwellings on these lots'? We very much appreciate any information you can provide us in conjunction with these issues. Please feel free to call me at (602) 468-1090, or fax a written response to (602) 468-1292. Should you have any questions regarding this request, please call me. Sincerely, / Step en M. Pratt, Esq. cc: Mari Berry Dennis M. Breen, III, Esq. (Note: Approved by Steve Renneckar, Esq. on 9/30/94) z PN STERLINGr PACIFIC `' ry is a MANAGEMENT SERVICES , INC . AZ PB METEH e 5435616 U.S.POSTAGE Mr, Ralph Crossen Building Commissioner 367 Hyannis, MA 02601 6001 North 24th Street,Suite A i— Phoenix,Arizona 85016 e S !# # �t#t#f i t (# f t'!f !i�t''�t t t i $t F f#- •## f t r r 1 i1 1 i11i1S it ii i1 H 1i1 i1ii1 11 .it i11 i11 i i , Wequaquet Lake Protective Assoc. Inc. 106 Hayes Road Centerville, MA 02632 C11C 6�111 a"14 a,,, f Ar) C�, ?100111/ w �� , K�' Weyuaquet Lake Protective Associ,atioll, 111c. 106 Haves Road Centerville,.MA 02632 (508)775-8287 November 7, 1994 Mr. Warren Rutherford Town Manager 367 Main Street Hyannis, MA 02601 Dear Mr. Rutherford: In 1992 the Wequaquet Lake Protective Association was formed with a major goal to protect and improve the quality of water in our lake. As you know, inadequate septic systems are the major cause of the deteriorating quality of the lake. The Board of Directors of the Protective Association is concerned with the application to build a new house at Map 231/416, 59 Loomis Lane, Centerville. We feel that since the original cottage was demolished and a new, larger home is proposed, that the applicants be required to install a new septic system that meets the requirements o1' Title V and the additional, mote strict rules of the Barnstable Board of I lealth. We also feel that no building permit should be issued for construction of this new house or for any new or remodeled house on the lake until any and all variances that conceivably could be granted by the local Board of Health are approved by the Department of Environmental Protection. We are fighting for the ecological life of our lake and the construction of new and/or remodeled larger homes with inadequate septic systems that do not meet current standards is unacceptable. Sincerely, Paul J. Cannif ,, D.M.D. President cc:Mr. Thomas Geller Mr. Thomas McKean , Dr. Joseph Snow Mr. Brian Grady Ms. Susan Rask Mr. Robert Gatewood i r SITEC Civil and Environmental Engineering ` Land Use Planning .13 Welby Road . New Bedford, MA 02745 '. (508)998-2125 FAX (508)998-7554 TO: Building Inspector'-`Town of B/1arnstable r FROM; Fred K: Hanack, P,E DATE: November 7, 1994 - SUBJECT. ., INSPECTION REPORT.#3 RED'LOBSTER, HYANNIS; MA Electrical work progressed iris talling�conduits and;switches, while heating and air conditioning contractor installed more overhead,ducts; - ► Insulation.panels`for freezer units are.stockpiled on job site awaiting.installation; ► Exterior windows are all in place;,. . ► South end roof 5-ply roofing is in place, hot mop is'applied and stone ballast is in place, a except for perimeter:areas; ► Concrete curbing was placed on North and South sides of building and all granite curbing . , "'` •, at entrance/exits=to Iyannough Road (somefdefects need to be.repaired); Elecirie light post foufidaiti iuiis are in placepag - t cc: Chris Fortmueller- General Mills Restaurants, Inc. - Kathy Byron= Schenkel& Schultz James Lynch-DGR Builders _ Mr. Crossen WHAT ZONING LAWS WILL PROTECT US FROM HAVING AN INDUSTRIAL BUSINESS IN A RESIDENTIAL STREET???? TRUCKS COME AND GO AT ALL HOURS. . . HEAVY EQUIPMENT DRAWS A LOT OF ELCTRICIT.Y AND PRESENTS A FIRE HAZARD. PPLEASE KEEP BUSINESSES WHERE THEY BELONG. CC: Mr Rutherford -LIUOW$, •services specific to your needs All Seasons Realty Publication Aooress List rues a Maintenance •information and advocacy for medical Hyannis Mil 771.2419 Word Processing a Laser pm" and housing B;IWrd Communications 24 Hour Fax Service Bourne t la Toll Free 1 800 244.9402 104 Plain Hano --.----- ver- 617 818.2224 �P Your wat r heater INFANT ADOPTION HOMESTUDIES Campbell-Mithuen•Esty Co Inc - an insulat "jacket." 261 south St Hyrts -----7716771 900 Rt 134 Den 385-7351 NEW BEDFORD CHILD&FAMILY SERY Cox Richard C _ 1 Cobblestone Ct S Den 394-2166 Your dishw her and Choose Adoption Crawley&Co Inc - - A Safe Place To Talk Call-- --Barnstable 362-5544 thing Machin With We Will Come To You DOZIER DAN ILLUSTRATOR-ADVERTISING r loads. Confidential-Free Counseling AND GRAPHIC DESIGN23 Forest Av Fal- 548.6,342 Medical&Housing Assistance Franklin Advertising Associates Inc t 'energy 1061 Pleasant New Bedford 657 Rt 2e Yar 778-5547 =— liancegy efficie Call-------Toll Free I BOO 972.2734 HOTEL657 Rt 2RESORT MARKETING 778 5547 MIDNIGHT MAIL �„ and light LOREO PRODUCTIONS •BULK MAILING = �i� simPlify your buying-know where to 3606 Main Barn—•-•— 362.1446 •MACHINE INSERTING buy rt. The dealers in many naboner7y MARGO TABB GRAPHIC DESIGN INC •CHESHIRE LABELING 't DTI D 2145 Mai.: Marstns Mls----_428-0394 •PICK-UP&DELIVERY Off the lights advertised articles are listed in the Mid Cape Advertising Hyannis Ma--778-1217 . 100 TO HALF MILLION PIECES per you NYNEX Yellow Pages.Make it a habit MOORE a ISHERWOOD INC ;:z !? 156 E St New Bediad• 996-3946 7 71 3 4 41 - room. ® to"Look inside the NYNEX Yellow MORRE-BA-BALEGNO . - pages"before buying. 724Ma;n 4yr>s-- 778.2536 Pierce Cote'Advertising 177 GLEN EAGLE DRIVE,CENTERVILtE MA 07b37 F 7 Parker Rd Ost-- ---420.5566 I i t � r, t � � Pry �� ��.7-sue .-�-�. f � j I i I I J I I � �_.. _E. i- __-_..I I J � [ �].I[F 23'4 005`B00 ] LOG-]y 0132"""""` `PLEASANTPINES A--E=CTY,,]K04 TDS] 100 BA KEY] 145701 --:i—Tui ING ADDRESS------- PCA] 1301 PCs] 00 YR] 00 PARENT] 0 REARDON, JOSEPH J MAP] AREA] 51BB JV] MTG] 1003 EILEEN L REARDON SP1] SP21 SP31 1`3`2PLEASAI�TTPINES—AVE UTl] UT21 60 SQ FT] CENTERVILL=E s MA 02632 AYB] EYB] OBS] CONST] 0000 LAND 7200 IMP OTHER ----LEGAL DESCRIPTION---- TRUE MKT 7200 REA CLASSIFIED #LAND 1 7, 200 ASD LND 7200 ASD IMP ASD OTH #PL PLEASANT PINES AVE DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #RR 1281 TAX EXEMPT RESIDENT'L 7200 7200 7200 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE100/00 PRICE] ORB11517/733 AFD] LAST ACTIVITY] 03/16/94 PCR] Y R234 0�5 .B00 A P P R A I S A L D A T A KEY 145701 REARDON, JOSEPH J LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 7, 200 A-COST 7, 200 B-MKT 9, 200 BY 00/ BY /00 C-INCOME PCA=1301 PCS=00 SIZE= JUST-VAL 7, 200 LEV=100 CONST-C 0 ----COMPARISON TO CONTROL AREA 51BB ----------------------------- NEIGHBORHOOD 51BB CENTERVILLE PARCEL CONTROL AREA TREND STANDARD 11] 10 LAND-TYPE 72001 LAND-MEAN +0% 72001 135067 IMPROVED-MEAN +Oo 250-. ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 1000-.1 LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP] ADJS/SB/FEAT STR] STRUCTURE ARR] AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] 16:34�)05 .B00 P E R M I T [PMT] ACTION [R] CARD [000] KEY 145701 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR .CMP NEW/DEMO COMMENT Cell _-..cam.. ,A .'�•r`C.^, _..'� .. .... _ � .._... .� .. .a�. .ir `�O'IV 9YC<'.. :t{f t7(7' `.39i'��S .D 9Cf�, 6 �J'IrJi;^� .. ..- �J - - .'J � .11!l'•1'.N ..sl'q�::a•^ .:') �1 _., '!'>!O}C•_:�?:�_•. :.G) - •-Fn (`:;± �.. --- •ri:�. - _ iais,: �= The T„ ; own of Barnstable BARM NAM &619. � Department of Health Safety and Environmental Services " Building Division 367 Main!Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner_ September 12, 1994 Mr.Joseph Affanato 152 Pleasant Pines Avenue Centerville, MA 02632 RE: A 234 004.T00 152 Pleasant Pines Avenue,Centerville Building Permit#36926 Dear Mr.Affanato: This letter will confirm our on site conversation of September 6 1954 re the fact that this office must st have documentation to verify that the structure you are in the process of rebuilding was a legal dwelling unit prior to being demolished. Please be advised that no construction work is to be done until this office is satisfied that the structure was a legal dwelling unit. Very truly yours, - � Alfred E.Martin Building Inspector AEM/gr Certified mail: P 015 492 420 RRR f ' � Y oc) (Drn��, Oe �' c F 9,q Aisw)k, 14,E Vc-) been( A- 7- 1-7 ' eA-R-r Dueii✓c tTr&l eS beP'fqC The c-t-:.fi1-14-q;e H;1+0 bZe-A1 4 c!,4-Tz.0 lay S ?,-1YO A cQA/ t,,Ic�g .SeA-c� /A l- ' v, x Gr2s�' rt y bt ,4Ss�s 7-4/l c e T J