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HomeMy WebLinkAbout0153 PLEASANT PINES AVENUE � a r CLCIS !- t;( ------------ it . ......-.... ... , .. _��+ . . .---..C�� �..'i-)o nJS. O F USA ..��-.�£, ►n� �-2L,. ._�f,R-,.v�.:�� � . iYrn_.__ I-'GL- T 't �. I—A ...._..., l l ; po ntt I� '�...r__._.1 A.rN_rr,-z�..,._.._► ?Yvr3 .._ {�2. �s r- ��-rv2�, -�-rt �;i!2. !7�/ S__.._ !?i. -►� n/U _.._ u s ii ' l Barnstable Police Department A �r 1200 Phinney's Lane ,, Hyannis, MA 02601 d J (508) 775-0387 BST e Barnstable Police Facility Inc Type : CIVIL Incident #: 99036746 Location : 5 OAKVILLE RD Date : 11/16/1999 Village : OST Sector: 3 Time : 1037 Reported By: 5 UNIT A OAKVILLE RD Taken by : JAP Unit(s) Responding: 18 ( LAVOIE, P ) Notes : LANDLORD/TENANT DISPUTE; DARILYN GOMES REQUESTING PTL TO KEEP PEACE �Q�Uv L� 100 Oakville Avenue Osterville,MA 02655 November 20, 1999 Ms. Darilyn Gomes 100 Oakville Avenue Apt_ 95, Osterville,MA 02655 RE: ENTERING THE PREMISES Dear Tenant: As provided by law, a landlord or manager is entitled to access rental units provided that reasonable advance notice is given.to tenant. This will serve as a formal request to enter the premises located at 100 Oakville Avenue Apt#5 on November 21, 1999, -December 17, 1999, at approximately 9a.m. for the purposes of inspecting the premises and making necessary or agreed upon repairs, decorations, alterations, or improvements. Please contact me if you have any questions or need additional information. Sincerely, seph V. Diggs. _._ 0 Joseph V. Diggs 100 Oakville Avenue Osterville,Massachusetts 02655 November 17, 1999 .Ms. Darlyn Gomes- 100 Oakville Avenue Apt. 5A Osterville,Massachusetts. 02655. Dear Tenant: As provided by law, a landlord or manager is entitled to access rental units provided that reasonable advance notice is given to the tenant(s). This will serve as a formal request to enter the remises located at 100 Oakville Avenue Apt. 5A q P A on November 21, 1999, at approximately 9am for the purpose of inspecting the premises and making necessary or agreed upon repairs, decorations,alterations, or improvements. Please contact me if you have any questions or need additional information. Sincerely, Jose A. Joseph V. Diggs 100 Oakville Avenue- J� -q-26-Sr 5Z Osterville,Massachusetts 02655, November 17, 1999 Ms..Darlyn Gomes 100 Oakville Avenue Osterville,Massachusetts 02655� Dear Tenant:- As provided by law, a landlord or manager is entitled to access rental units provided that reasonable advance notice is given to the tenant(s). This will serve as a formal request to enter the premises located at 100 Oakville Avenue on November 18, 1999, at approximately 9am for the purpose of inspecting the premises and making necessary or agreed upon repairs, decorations, alterations, or improvements. Please contact me at the above address if you have any questions or need additional information. Sincerely, JoseK V. Diggs .�1. .. __-__...T ACLL`UNT NUMO,EF MID CAPE MEDICAL CENTER HYANMS MA 02601 UTEL.NITA508 771-4092 MEDICAFED. DRE # M 3357 # 10 8 6 6 8 IIIIE-DATE #11/18/99 9;33 ARILYN D GOMES SEX : F DOB: 030373 S8N:025568836 31 LAFRANCE AVE HYANNIS, MA 02601 PH: 775-0383 ESN: REL : INSURED NAI"IE::DARILYN D GOMES NS: PILGRIM HE CERT : HP0859848-00 GROUP: CO PH: NKA AGE 26 N. Bp1 � P RR TEMP cj OFFICE VISIT N ESTABLISHED B .s 20 99211 CHIEF COMPLAINT: 5 L 99202. 99212 �IVIED � � . ED I 99203 99213 / ? �' IE 99204 99214 C 99205 99215 W/C WORKMAN'S COMP. ✓ FIRST AID ^ / �yL� MEDICATION SURG DSG.CHG. BURN—MINOR DEBRIDE/DRESSING ff SPECIFY: I & D SM.ABSCESS LG.ABSCESS Jna FACE,HAND,EAR—OP NOTE SIMPLE LAC. COMPLEX—OP NOTE LENGTH CMS. #SUTURES ) SUTURE REMOVAL F.B. SIMPLE J REM. COMPLEX \(/J,✓`— SMALL LESION /� cllle� EXC. LARGE LESION NAIL SKIN TAGS SPRAIN FRACTURE OF: ' SPLINT ORTH STRAPPING El CONTUSION CORNEAL ABRASION (�X EYE REM.SIMPLE FB REM.COMPLEX FB NOSE NASAL HEMORRHAGE CONTROL EAR CERUMENECTOMY lua t ECG WITH INT.&REP. TESTS XRAY WITH INT.&REP. Amount Paid Today l �- ` a TET.TOX. / INJ. ALLERGY ACE—COLLAR 4 SUPP SLING PHYSICIAI SPLINT DX: UA HCG RX: I j LAB. IRSAT VENIPUNCTURE HANDLING FEE TOTAL 1 dS CASH� CREDIT CARD ❑ CHECK ❑ OTHER ❑ __ I Route 28 Bearse's Way, Hyannis, MA 02601 MID CAPE MEDICAL CENTER Tel. (508) 7 (1-4092 • Fed I.D. # 04-3268233 • Medicare # M13357 PT. NAME: �IIG�-s{( .�� u�e, r I'r ACCT# l oC y� �`' J OFFICE VISIT: Curtis Barry, M.D. ❑ Allen Morrisey, M.D. LAB: ❑ icholas Rencricca, M.D. ❑ Mamdouh Riad, M.D. DATE: X-RAY: ❑ Ziad G. Farah, M.D. ❑ Rosemary Pomponio, M.D. ( )FOLLOW-UP OTHER: i ( )PREVIOUSLY DXD EST N6di/ TOTAL: c) et 10s. ( ) ABRASION ( ) ABDOMINAL PAIN 189.00 ( ) ACUTE ALLERGIC REA TION 995.0 l ) ABSCESS ( 1 AMENORRHEA 626.0 ( ) ANXIETY, DEPRESSION 300.4 ( ) ACNE 706.1 ( ) ANEMIA l ) ASTHMA W/UPDRAFT 493.90 t ) ALLERGIES. 477.9 ( ) ANGINA 413.9 l ) CARCINOMA 1 ) ARTHRITIS` ( ) ANXIETY,DEPRESSION 300.4 1 ) CARDIAC CHEST PAIN 786.50 ( ) BITES, INSECT 389. HLEPHARITIS 1 ) ASTHMA W/O UPDRAFT 493.90 ( ) CORNEAL ABRASION 918.1 l ) 73.00 1 ) BPH (PROSTATE) 600 ( ) CVA l 1 BRONCHITIS 466.0 436 BURSITIS 1 ) BLEEDING RECTAL 569.30 l ) MIGRAINE W/INJECTION 346.9 f ) f ) CELLULITIS 682.9 ( ) CARDIAC ARRHYTHMIA 427.9 1 ) MISCARRIAGE 634.9 ( ) CHICKEN PDX 052.9 ( ) CARPAL TUNNEL SYN '354.0 1 ) SUBSTANCE ABUSE COUNSELING l ) CONJUNCTIVITIS 372.30 ( > CERVICAL STRAIN 847.0 ( ) SYNCOPE 780.2 t ) CONTACT DERMATITIS 692.9 1 ) CHEST PAIN, NONCARDIAC 786.52 ( ) TIA 435.9 ( ) COSTOCHONDRITIS 733.99 ( ) CHF 428.0 ( 1 COUGH 786.2 1 ) CHRONIC FATIGUE SYN 780.7 l ) ALLERGY INJECTION ( ) DRUG REACTION 995.2 ( ) COPD 496 l ) B12 INJECTION ( ) ECZEMA 692.9 ( ) CORNEAL ABRASION 918.1 1 ) BURN ( )SM ( )MED ( ) EUSTACIAN TUBE DYS 381.81 ( ) DIABETES 250.00 ( )LARGE( ) FUN (FEVER) 780. ( ) DIABETES - INSULIN 250.01 ( ) CONTUSION GASTROENTERITIS 558.9 l 1 FUNGAL INFECTION NAIL 1 .1 ( ) DIVERTICULITIS 562.11 ( ) DRESSING CHANGE ' l ) l ) GOUT 274•9 l 1 EDEMA 782.3 ( ) FOREIGN BODY REMOVAL l ! SIMPLE l ► HEADACHE 784.0 ( ) FATIGUE 780.7 ( ) COMPLEX 1 ) HEARING LOSS (1) _* 389.9 ( ) GASTROENTERITIS, MODER 558.9 ( ) FRACTURE ( ) HEMATURIA 599.70 ( 1 HEARING LOSS (2) ** 389.9 ( ) REFERRAL t ) HERPES SIMPLEX 054.9 1 ) HEPATITIS A B C ( ) TREATED HERE ( 1 LARYNGITIS 464.0 ( ) HERPES ZOSTER 053.9 ( 1 I&D ( l SIMPLE. ( ) LATERAL EPICONDYLITIS 726.32 ( ) HYPERTENSION 401.9 ( ) CO_MP.LEX. ( ) NASOPHARYNGITIS 460 ( ) HYPERTHYROIDISM 242.9 ( ) INJECTION MMR PPD DT ( ) OSTEOARTHRITIS ( ) HYPOTHYROIDISM 244.9- - ( ) LACERATION ( 1 OTITIS EXTERNA 380.10 ( ) IBS 564.1 1 Y NURSE/ADMINISTRATION FEE l ) OTITIS MEDIA 382.9 ( ) LYME DISEASE 088.81 ( ) PHYSICAL FOR l ) PHARYNGITI3 462 1 ) LYMPHADENOPATHY 785.6 l ) PREMARITAL ( )RPR ( )RPR +RUBELLA l ) PHARYNGITIS 462 ( )RASH 782.1 MIGRAINE 346.90 ( ) SMOKERS PATCH l 1 c ) SCABIES 133.0 l ) MITRAL VALVE PROLAPSE 424.0 l ) SPRAIN _ l ) SINUSITIS, ACUTE 461.9 ( 1 MONONUCLEOSIS 075 l ) SUTURE REMOVAL ( ) SINUSITIS, CHRONIC 473.9 ( ) MYALGIA 729.1 ( ) WORKERS COMP l ) SPASM 728.85 ( ) OTITIS EXTERNA W/WICK 380.10 t > STOMATITIS 528.0 ( 1 PAIN ( ) CULTURE & SENSITIVITY t ) STREP THROAT 034.0 ( ) PAIN, LOW BACK 724..2 ( ) EKG ( ) SUNBURN 692.71 ( ) PNEUMONIA 486 ( ) INJECTION ( I TENDINITIS 726.90 ( ) PHLEBITIS, LEG 451..2 t ) LAB ( ) THRUSH 112.0 ( ) PLEURISY 511.0 1 ) MULTIPLE DIAGNOSES ( ) TONSILITIS 463 ( ) PROSTATITIS 601.0 l 1 PROCEDURE BOOKING ( ) TONSPHARYNIGITIS 465.8 ( ) PELVIC ( ) SUPPLIES 1 1 UPPER RESP INFECTION 465.9 ( ) ULCER ( ) X-RAY l ) URETHRITIS 597.80 ( ) UTI 599•0 1 ) VAGINITIS ( ) VENERAL DISEASE ( ) VASOVAGAL ATTACK 780.2 ( ) FOCAL RASH 782.1 ( ) VIRAL' SYNDROME 078.89 ( .) VERTIGO, DIZZY 780.4 ( ) SIMPLE ADULT OM 382.9 ( 1 OTHER l ) OTHER ( ! VIRAL STUDIES VISIT LABORATORY- X-RAYS ( ) ARTHRITIS PROF •50 80072 ( ) BED RATE $20 85651 ( ) ABDOMEN, MULT • 80 74020 ( ) L-S SPINE W/OBL • .87 72110 1 ) CBC W/DIFF 25 85022 l ) STOOL CULTURE, 25 57045 ( ) A/C JOINTS- 55 73050 ( ) NECK SOFT TISSUE 50 70360 ( 1, CHEM 13 20 80013 ( ) STOOL 0 & P 30 87177 1 ) ANKLE 55 73610 ( 1 ORBITS 4 VIEWS 72 70200 1 ) CHEM 26 30 80019 .l ) STOOL OCCULT 10 82270 I ) C-SPINE 2 VIEWS 73 72040 ( ) OS CALCIS 55 73650 ( ) CHEM 2000 40 50019 l 1 THROAT CULTURE 15 87'060 ) C-SPINE 4 VIEWS 99 72050 l I PARANASAL SINUS 94 70220 l l CHOLESTEROL 18 82465 ( ) THROAT SENS' : a15. 87081 l I. C-SPINE W/OBL 99. 72052 ( 1 PELVIS 63 72170 l 1 GLUCOSE 18 82947 ( ) THYROID PROFILE 50`80091 l ) CHEST PA 62 71010 1 1 RIBS, UNI .55 71100 1 I GRAM STAIN 20 87205 f ) TSH 50 84443 ( ) CHEST PA/LAT 70 71020 (-.) RIBS:UNI W/CHEST 96 71101 l 1 HCG URINE 27 84703 l ) URINALYSIS 20 81000 1 ) CHEST MULTI 72 71022 t 1 RIBS, BIL W/CHES 110 711W ( ) HCT 10 85014 l ). URINE DIP 10 81002 .1 ) .CLAVICLE 56 73000 ( ) SACRO-ILIAC 66 72262 l 1 HDL 25 83718 l I URINE CULTURE 20 87087 ( >'ELBOW 61 73080 ( ) SACRUM/COCCYX 66 72220 ( I KOH _ 20 87220 '( Y URINE BENS 20 87081 ( ) FACIAL BONES 72 70156 l ). SCAPULA 6C� 73010 ( I LIPID PROFILE 30 80061 1 ) URINE DRUG 65 80100 ( 1 FEMUR 64 73550 ( ) SHOULDER 1 VIEW 55 73020 l 1 LYME TITRE 50 86618 1 ) WET PREP 20 87210 1 ) FINGER 55 73140 1 1 SHOULDER 2 VIEWS 60 73030 1 I MONOSPOT - 20 86308 1 1 VIRAL STUDIES 46 86701 ( ) FOOT 55 73630 ( I STERNUM - 66 71120 I I PAP SMEAR 20 88150 1 )_ FOREARM 61 73090 ( ) THORACIC SPINE 73 72072 1 ) PSA 45 84153 1 1 OTHER l ) HAND 55 73130 l 1 THORACOLUMBAR 76 72080 1 ) RPR 20 86592 - l 1 HIP AP/LAT 66 73510 ( 1 TIBIA/FIBULA 55 73590 1 ) RAPID STREP TEST 18 86317 l .) OTHER ( 1 HUMERUS 61 73060 t ) WATERS VIEW 56 70210 ( ) RUBELLA TITRE 17 86762 1 ) KNEE 55 73562 l 1 WRIST 2 VIEWS 51 73100 l ). HANDLING FEE 15 99000 , I I. OTHER 1 ) KUB 58 74000 l ) WRIST 3 VIEWS 66 73110 ( ) VENIPUNCTURE 15 36417. 1 I L-S SPINE 75 72100 ( 1 ZYGOMA 69 .70150 u 21/ C i i � i� j it I� � I � II � '� I � I� I � '� III � i � i i Ii , � j �Iii i II � � � �, i it i � ill II ; i � i i I � i ' � � I , ; � i , it �_ i � � � FORM 30 III W) H0138s&WARRENTM THE COMMONWEALTH OF MASSACHUSETTS 1q BOARD OF HEALTH CITY/TOWN 4- o DEPARTMENT ADDRESS TELEPHONE Address 5'1`r"' J Occupant Floor----- Apartment No. No. of Occupants --------- No.of Habitable Rooms,-_ No.Sleeping Rooms ... No.dwelling or rooming units No.Stories Name and address of owner Remarks Reg. Vio. YARD Out Bldg .: Fences: r Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress: and Obst'n.: _'Doo,­ 3 1 > OB OF OM Doors.,Windows: Roof Gutters, Drains: Walls: Foundation: Chimney: BASEMENT Gen. Sanitation: Dampness: Stairs: Liqhting: STRUCTURE INT. Hall,Stairway: L Pel Obst'n.: Hall, Floor, Wall, Ceiling: Hall Lighting: Hall Windows: HEATING Chimneys: /Vu' 7 y. Central OY ON Equip. Repair TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: El MS El ST 0 P Waste Line: H.W.Tank(s)Safety and Vent(s) ELECTRICAL Panels, Meters, Cir.: -t,(i j,tA 4 b 0110 0220 Fusing,Grnd.: -x-- AMP: Gen.Cond. Distrib. Box: C it Gen. Basement Wiring: DWELLING UNIT Ventil, Latnd. Outlets Walls Ceils. Wind.. Doors Floors., Locks W Kitchen Bathroom Pantry Den Living Room Bedroom(1) Bedroom(2) Bedroom(3) Bedroom(4) Hot Water Facil. Sup.Ten., Gas, Oil, Stacks, Fjues,Vents,Safeties: Kitchen Facilities Sink S i Stove 7 W4. Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: TYPE: Jt3dks, ICJ2s VeniS.': ._.. PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters, Cir.: ,t+. ❑ 110 ❑ 220 Fusing, Grnd. AMP: Gen. Cond, Distrib. Box: ••1 ,� ,�. . ;�,� ,, r/ .� Gen. Basement Wiring: DWELLING UNIT Kitchen Ventil. L to Outlets Walls Ceils. Wind. Doors Floors Locks i - L.. Bathroom Pantry +,4_� ; •� c . Den Living Room Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facil. Su .Ten., Gas, Oil, EI-jcy:' :F.� ;�e+ 4,c Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink ,.._:_: zi- Stove (: r Bathing, Toilet Facil. Vent., Plumb.,Sanit'n.: �'.t: -?.� , , , , ,�,, ; �-„ . ,.• �.- Wash Basin,Shower or Tub: .,N a + ;.n 'o-;64, Infestation Rats, Mice, Roaches or Other: c,- Egress Dual and Obst'n: General Building Posted Locks on Doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT. AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR. (See Over) .THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND t, PENALTIES OF PERJURY." INSPECTOR ' �.�. f I TITLE_ ; 0A OM DATE i / j p / TIME__ { �-_--- P.M. THE NEXT SCHEDULED REINSPECTION .S(�} l ' " '. A.M. C (' i c t �, i . .. J P.M. CENTEFIVILLE-OSTERVILLE-MARSTONS MILLS FIRE DEPARTMENT INCIDENT REPORT Type of Call:__ Alarm No: - Brief Narrative Required on all Calls Name of Business:---_--------------- District.-, Location:__5 P1_(��3k ���_ S} _=------Dater 11f1jc�143 Called by: Tel.#:'75; -7q 6- g3ZTlme rec' Dispatcher:— �'1�fGDY Comments:_ Fo., g- Pcsr.I,(c 00ar A) CVGU Call Received On: 911 PLT Radio Walkin Other: 73rQ - 37S ems+ s sPoxa. �rh tee- �-�.�-✓ f oF. S"f1 Apparatus response: Total Manpower: cv�_ �c __�ho..f—�Cc�s±' _ On the Alr. /6'/V On location: /0 Y�? Ret. I//a In Service ll/ c�(—PN�_�+ �__c✓�Ls__a<' _Temp: T� kP b <<� � -.j �_ _ rA 1� s T:Weather tL- &-� / 1 c .as..:..s............e...........a a¢.m a..m.aa.maa.......a....... /f Nc-)I " C STCJ Other Agencies Notified -- ---�!�--�'�-f--°='-rt - = �✓ Name/Agency Te/e No. A, By f�5 ZlfiS�eGT/ `Ak ']90 �30 Mv�_fis?�rrC ft rf- Wu�..�-�---a�<_.•c. �L� 5h...fi afro c. .................... --------------------------------------- Buildings - Type of Occupancy: R-s. —Tole No: -__ _-_ __-- Owner: --address: Tenant: ,.fo.� .i...i........i......i.i..............m......................... -sI'�yr'� �l I-� ���. CM�,S C.-Y�� Q-' ✓�. Equipment/Type:_-- ���, Location:-------------- -H ----- -- - - -------- ------ Year:- ---Make:— / Model: -- — �� �_I���sF�c�_{�J_vt<__R� FlyS��•�--"F T7-.,- --- Serial No. --A .s..:...s........a.......s...........s.sssa.m.m.s....... e...... (j L/ �T -NG UAJ*✓S'✓ '^•-� O CXLrVCS Motor Vehicle Year: Make/Model: � �s'�` ----------------------------- Color: V I N: -------- ------------ State--- ---Reg.#:__ A Owner: ss: -Operator:------- -Address: ------ ---- ��=-- � TA` vie re�ws fv<,l��t _� _ v2 t I- C ! c� fv /l""O ® �Erly� l-c , --` u,V{n A4-C -mot s...........m........................... ..................smais Brush Fire Class: Pr,�a/size: Can rfua��v_c.h��� T�s N7��'.x_Y -%_�,ti- t_7�3 Z Personnel: II ;--ii-- Cost: d C,e 1( 1-9Ae,yL%' ................................................................ Automatic Alarms - Classlfication/Code: __--- List Items needing Follow Up: Capt. Barry G. owey ------ N la ------=—-6.0.m Form #62 left at/with: 7 fi y J .,S Report by ------ ate: Chief Rec'd. Da C-O-MM Form #19A hj Route 28 MID CAPE MEDICAL CENTER Tel. (508) 71U t 4092 • Fr s Way, Hyannis, MA . M I.D.l D # 04-3268233 Medicare # M13357 ` --" OFFICE VISIT: PT. NAME: -'�'!C�-3 2t..!°.J �/�-�/ r .. - ACCT# _�G. Curtis Barry, M.D. ❑ Allen Morrisey, M.D. <� c� LAB: ❑Nicholas Rencricca, M.D. ElMamdouh Riad, M.D. DATE: ! - i X-RAY: ❑ Ziad G. Farah, M.D. ❑ Rosemary Pomponio, M.D. OTHER: ( )FOLLOW-UP ( )PREVIOUSLY DXD EST NEJI�I TOTAL: ( ) ABRASION ( ) ABDOMINAL PAIN 789.00 ( ) ACUTE ALLERGIC REA &ION 995.0 l I ABSCESS 1 ) AMENORRHEA 626.0 ( 1 ANXIETY, DEPRESSION 300.4 c I ACNE 706.1 1 ) ANEMIA l ) ASTHMA W/UPDRAFT 493.90 ( ) ALLERGIES: 477.9 ( ) ANGINA 413.9 l 1 CARCINOMA l 1 ARTHRITIS- ( 1 ANXIETY,DEPRESSION 300.4 ( ) CARDIAC CHEST PAIN 786.50 1 ) BITES, INSECT 989.5 ( ) ASTHMA W/O UPDRAFT 493.90 ( ) CORNEAL ABRASION 918.1 l ) BLEPHARITIS 373.00 ( ) BPH (PROSTATE( 600 ( ) CVA 436 l BURSITIS 1 ) BRONCHITIS 466.0 ( ) BLEEDING RECTAL 569.30 ( ) MIGRAINE W/INJECTION 346.9 ) 1 ) CELLULITIS 682.9 ( 1 CARDIAC ARRHYTHMIA 427.9 ( ) MISCARRIAGE 634.9 ( ) CHICKEN PDX 052.9 ( ) CARPAL TUNNEL SYN 354.0 ( ) SUBSTANCE ABUSE COUNSELING ( ) CONJUNCTIVITIS 372.30 ( ) CERVICAL STRAIN 847.0 t ) SYNCOPE 780.2 1 I CONTACT DERMATITIS 692.9 ( ) CHEST PAIN, NONCARDIAC 786.52 ( ) TIA 435.9 l ) COSTOCHONDRITIS 733.99 ( ) CHF 428.0 ( ) COUGH 786.2 ( 1 CHRONIC FATIGUE SYN 780.7 ( ) ALLERGY INJECTION ( ) DRUG REACTION 995.2 ( ) COPD 496 ( ) B12 INJECTION ( ) ECZEMA 692.9 ( ) CORNEAL ABRASION 918.1 ( ) BURN ( )SM ( )MED ( ) EUSTACIAN TUBE DYS 381.81 ( ) DIABETES 250.00 ( )LARGE ( ) FUO (FEVER) 780.6 ( ) DIABETES - INSULIN 250.01 ( 1 CONTUSION ( ) FUNGAL INFECTION NAIL 110.1 GASTROENTERITIS ( ) DIVERTICULITIS 562.11 ( 1 DRESSING CHANGE 274 GOUT 74.9 ( ) .9 1 ) EDEMA 782.3 l ) FOREIGN BODY REMOVAL ( ) SIMPLE ( ) t 1 HEADACHE 784.0 ( ) FATIGUE 780.7 l ) COMPLEX t ) HEARING LOSS (t) ** 389.9 ( ) GASTROENTERITIS, MODER 558.9 ( ) FRACTURE ( I HEMATURIA 599.70 ( ) HEARING LOSS (2) ** 389.9 ( 1 REFERRAL ( ) HERPES SIMPLEX 054.9 ( ) HEPATITIS A B C ( ) TREATED HERE ( ) LARYNGITIS 464.0 ( 1 HERPES ZOSTER 053.9 ( ) I&D t ) SIMPLE. ( ) LATERAL EPICONDYLITI3 726.32 ( ) HYPERTENSION 401.9 ( ) COMPLEX ! I NASOPHARYNGITIS 460 ( ) HYPERTHYROIDISM 242.9 ( ) INJECTION MMR PPD DT ( ) OSTEOARTHRITIS ( 1 HYPOTHYROIDISM 244.9 l ) LACERATION t ) OTITIS EXTERNA 380.10 ( ) IBS 564.1 ( )• NURSE/ADMINISTRATION FEE l ) OTITIS MEDIA 382.9 ( 1 LYME DISEASE" 088.81 ( ) PHYSICAL FOR ( ) PAROTIDITIS 527.2 1 ) LYMPHADENOPATHY 785.6 ( ) PREMARITAL ( )RPR ( )RPR +RUBELLA ( ) PHARYNGITIS 782 ( ( ) MIGRAINE 346.90 ( l SMOKERS PATCH ) RASH 782.1( SCABIES 133.0 1 1 MITRAL VALVE PROLAPSE 424.0 1 ) SPRAIN _ ) ( ) SINUSITIS, ACUTE 461.9 ( ) MONONUCLEOSIS 075 l ) SUTURE REMOVAL 1 ) SINUSITIS, CHRONIC 473.9 ( ) MYALGIA 729.1 ( ) WORKERS COMP 1 ) SPASM 728.85 ( 1 OTITIS EXTERNA W/WICK 380.10 ( 1 STOMATITIS 528.0 ( ) PAIN ( ) CULTURE & SENSITIVITY 1 ) STREP THROAT 034.0 ( ) PAIN, LOW BACK 724.2 ( > EKG ( I SUNBURN 692.71 A ) PNEUMONIA 486 t 1 INJECTION ( ) TENDINITIS 726.90 ( ) PHLEBITIS, LEG 451..2. ( ) LAB ( ) THRUSH 112.0 ( ) PLEURISY 511.0 ( ) MULTIPLE DIAGNOSES ( 1 TONSILITI3 463 ( ) PROSTATITIS 601.0 ( ) PROCEDURE BOOKING l I TONSPHARYNIGITIS 465.8 ( ) PELVIC 1 ) SUPPLIES ( 1 UPPER RESP INFECTION 465.9` 1 1 ULCER l; ) X-RAY ( ) URETHRITIS 597.80 ( ) UTI 599.0 ( ) VAGINITIS ( ) VENERAL DISEASE l ) VASOVAGAL ATTACK 780.2 ( ) FOCAL RASH 782.1 1 ) VIRAL- SYNDROME 078.89 ( ) VERTIGO, DIZZY 780.4 ( ) SIMPLE ADULT OM 382.9 1 ) OTHER ( ) OTHER ( 1 VIRAL STUDIES VISIT LABORATORY X-RAYS ( ) ARTHRITIS PROF $50 80072 ( ) SED RATE $20 85651 ! .)" ABDOMEN, MULT 0 80 74020 1 I L-S SPINE W/OBL • 87 72110 ( ) CBC W/DIFF 25 85022 l ) STOOL CULTURE 25 87045 1 P A/C JOINTS 55 73050 1 1 NECK SOFT TISSUE 50 70360 ( 1, CHEM 13 20 80013 l ) STOOL 0 & P 30 87177 1 ) ANKLE 55 73610 1 1 ORBITS 4 VIEWS 72 70200 1 ) CHEM 26 30 80019 l ) STOOL OCCULT 10 82270 -( ) C-SPINE 2 VIEWS 73 72040 -( ) OS CALCIS 55 73650 ( ) CHEM 2000 40 80019 l ) THROAT CULTURE .15 87'060 1 1 C-SPINE 4 VIEWS 99 72050 ( ) PARANASAL SINUS 94 70220 l l CHOLESTEROL 18 82465 ( I THROAT SENS .15, 87081 1 ) C-SPINE W/OBL 99 72052 1 'I PELVIS 63 72170 1 1 GLUCOSE 18 82947 ( ) THYROID PROFILE 50`80091 l ) CHEST PA 62 71010 1 ) RIBS, UNI .55 71100 . 1 ) GRAM STAIN 20-87205 ( ) TSH 50 84443 ! ) CHEST PA/LAT 70 71020 ( ) RIBS UNI W/CHEST 96 71101 l ) HCG URINE 27 84703 ( ) URINALYSIS 20 81000" ( ) CHEST MULTI 72 71022 (" ) RIBS, BIL W/CHES 110 711k4 l 1 HCT 10 85014 l ) URINE DIP 10 81002 t ) CLAVICLE 56 73000 1 ) SACRO-ILIAC 66 72262 l ) HDL 25 83718 ( ) URINE CULTURE 20 87087 l ) ELBOW '61 73080 ( ) SACRUM/COCCYX 66 72220 l ) KOH 20 57220 ( ) URINE SENS 20 87081 ( ) FACIAL BONES 72 70150 (. `) SCAPULA 60 .73010 ( ) LIPID PROFILE 30 80061 l ) URINE DRUG 65 80101) 1 ) FEMUR 64 73550 1 ) SHOULDER 1 VIEW 55 73020 ( Y LYME TITRE 50 86618 1 ) WET PREP 20 87210 ( 1 FINGER 55 73140 1 ) SHOULDER 2 VIEWS 60 73030 ( 1 MON05POT 20 86308 1 1 VIRAL STUDIES 46 86701 ( I FOOT 55 73630 l ) STERNUM 66 71120 ti ( ) PAP SMEAR 20 88150 1 1 FOREARM 61 73090 ! ) THORACIC SPINE, 73 72072 ( I PSA 45 84153 ( ) OTHER l I HAND 55 73130 ( I THORACOLUMBAR 76 77080 1 ) RPR 20 86592 1 1 HIP AP/LAT 66 73510 ( ) TIBIA/FIBULA 55 73590 ( ) RAPID STREP TEST 18 56317 l ) OTHER 1 ) HUMERUS 61 73060 1 ) WATERS VIEW 56 70210 ( ) RUBELLA TITRE 17 86762 l ) KNEE 55 73562 1 I WRIST 2 VIEWS 51 73100 1 ) HANDLING FEE 15 99000 l ) OTHER ! ) KUB 58 74000 ! ) WRIST 3 VIEWS 66 73110 ( I VENIPUNCTURE 15 36417 1 I L-S SPINE 75 72100 t ) ZYGOMA 69 70150 THE ' The Town of Barnstable w • + L►MST"BLE 9� MASS. �0�' Department of Health , Safety and Environmental Services 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 backyard 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 1994. (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) r 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. I 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 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'l, 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 TOWN OF BARNSTABL�, MAS�ACHUSETTS . . . j DATE July t9► 1�94 PE MITN�Q N° 36926. APPLICANT Joseph Gallant-J. Af�ana �o ADDRESS L 1 C1W00 Pat , W. armour 1 (NO.) (STREET) (CONTR'S LICENSE) PERMIT TO Rebuild dwelling ( 1 ) STORY single .family dwelling NUMBER OF NG UNITS (TYPE OF IMPROVEMENT)- 70. (PROPOSED USE) AT (LOCATION) 152 Pleasant Pines .Avenue, Centerville ZONING NIN RD 1 TR (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET). LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #94-3599 ER AREA OR VOLUME 616 sq. ft. ESTIMATED COST Y� 32,000 FEEMIT $ 50. 00 (CUBIC/SQUARE FEET) OWNER Joseph Affanato BUILDING DEPT. ADDRESS 152 Pleasant Pines Ave, Centerville BYOF �B14 The Town of Barnstable sn KAS& �0$ 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 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 J Certified mail: P 015 492 420 R.RR. Uc)c119oi( , 0e T cF �,q) Jsw1k, P�e !1,Tr(/eS S t,4 y C u-q,/+C t eR e , l -Ok 0 64tb N-1.0 bzeAl 4 e4--mjq loy c;<<-ti,z bea&T-p 11tofN"43 4/yo /I- CQv ur, v An/rf 1-11 F- S y YeQ pzj off s c/ .\t bd r,Jo �'N7 4 Sc 1 rA\ CA C c. c�Sv EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE• - 901 MAIN STREET OF COUNSEL OSTERV ILLE.MASSACHUSETTS 026SS-0393 P. O. BOX 393 (SO8)428-411 1 RICHARD C.ANDERSON Building Inspector November 30, 1994 , Town of Barnstable Town Hall Hyannis, Mass. 02601 TOWN OFBARNSTABLE Attn:Ralph Crossen BUILDING DEPT. D ,pEC f 19 Re:Joseph Af fanato 152 Pleasant Pines Ave. Centerville, Mass. Dear Ralph: 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 . 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. Kir EWK/se BARNSTABLE PAGE 8 _.__..._3_, __._ _--- --- ra' Pi p Qr4 �.rrAINS Yitl�V yrJ1P )`� (p p p ..vc;• � c of •ya•'. 1,ot P ark U. :rates le ziDOL 10 It it c Jr A!A 6A10 s �� tft ♦ `10 DR 2 GARRE115 �A A o o POTAD, °ilP P� �� ppp a qv p o moco go roco 4n i�cA s 6 .1 I,0 6 V lea R'p •Gt�O'�{ t - Nol[Y � s �0 yEl� I © y oq °�K G of y 4� P Targr(Y 0) O OPT to Rp yid -A c AD �p�b CN 9pF q A W I op s � C '�e f c� 1� �1►y`'G��� 02 fir$ d E eaN+ecanY rdo to 4 o CAp 'a rP 41va s as' �(( OLD ROUTE 132 ~AJs � • ' !� �qNr gMES M : Z �/ _e a ,� 1p� o_ r?� '°♦ i- �v' a BLUE d z Or ptl QG f WEGL)AG EAR s UET BSE :.uS R ��s 5>♦A�wuc s W 193 oy Porno "' w FbNo Lo- y ti LAKE lo. 1 14 DP VETZ LAW OFFICES 5087750992 P. 06 - - - Town of Barnstable Zoning Board of Appeals T=%'__ �.�y. Decision and Notice - Appeal Number 1994-116--Affanato c. "Appeal of an Administrative Decision ? ;L7 A Trill=CGPY ATTEST Appeal No. 1994-115 Upheld Applicaat/Owner. Joseph Affanato 6d Address: GO Edgard W_Kirk,Esq., P.O.Box 393, Ostervill , Property Location: 152 Pleasant Pine Road,Centerville,Mtn Town Clerk Assessor's Map/Parcel 234-004 TOO 0.50 acres total BAR NSTABLEE Zoning: RD-1 -Residential D-1 District and RF-Residential tanct Administrative Appeal: Building Commissioner's Cease&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. ft.floor area (GFA)single family dwelling with three bedrooms and two baths,built in 1950. The records also indicate presence of a detached garage(12 ft.by 22 ft.)and a"shed'(10 fk by 22 ft.). 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 tv issue a Cease and Desist Order on the re-building of the structure referred to as the'shed"and as described by the applicant's attorney as "the building"in the letter to Town Officials and the ZBA attached to the Appeal- The appeal was filed November 10, 1994;and a public hearing was scheduled far 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 Board members heard the appeal;Robert Thorne,Elizabeth Nilsson,Emmett Glynn,Ron Janson and Chairruart Gail Nightingale. At the opening of the hearing,a letter 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 teed 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 IC 1994. The Board continued this hearing until February 1, 1995. At the February i continuance of this appeal,the Hoard Chairman also opened two other appeals from the applicant for the same locus. There%we 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 reconstituted its members for hearing of the appeals. The following Board 03/30/95 THU 14:56 rTX/RX NO 51991 Z006 DF ' 4ETZ LAW OFFICES 5087750992 P_ 07 Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 Members heard the appeal: Gene Burman,Tom DeRiOn r, ett Glynn,Ran and Chairman together Lail Nightingale. The Board and AttorneY Kirk agreed to hear an three cases k distnbuted a memorandum to the Board emitted"Memorandum of Joseph Affanato in Attorney Kir Appeal from Stop Work Older, I995-117 1I71 Request for permit with Support of[Appeal] 1994-116, peanit For Family resp or to a Non-Conforjt►ing Um[mil 199$'1191191 Application for Special to the Board Apartment.- A copy of which was also submitted to the file. photos were mood. AnorneY Kirk stated showing this stricture and sing ate+ the neighborh that a number of accessory �were being used as residential dwellings in the local vicinity and that some of those structures are also m ed or leased 5 equentiy- With consideration for this particular structure as a fwWY apartment,Mr- Affanato is seeking a limited use for himself and his Mn- He has leased his own house out and for privacy he would like to have the family apartment 'je,septic system is sufficient as it bas received a rises off from the Board of Health. is strop work order,the affidavits speak to the history of the With respect to the Building Inspector's for a friend of the family-The ge building. In 1958 the addition to the gara was made intro living bills. permit was issued as accessory and was a lawful use- The accessory' is in the tax A non-conforming use may oontmae with the same footprint and for the same purpose and with no the neighborhood Therefore the stop wvrlc order should be lifted or changes if it would have no impact to a special permit ordered for the non-conforming use: with the zoning ordinance regarding the The Board,however,felt his arguments were in juxtaposition prohibition of having two residential structures on one lot in a residential district. Sections 2 3.6 (1)and 2-3.8 both specify that only one principal permitted no building is allowed within all residential districts. The applicant additionally has not been able to meet the regng ments of a&=IY apartment The Board noted the affidavit from,John Joakim,Jr.stating that the"age"was built in 1971 however no building permits for that construction were on file. The Board cited that this is when it appears the legal usage of the building as accessory was breached. lan Ralph Crossen.Building Commissioner added that on July 25, 1994 W. AMMO ootpr nsubmitted 6sq a m feet and with documentation regarding the building. He seems to have added to the footprint by sc separate and increased the height replacing an existing cottage previou�slY non-conforming into a specific dwelling. The Board commented that the original nature of the use�aseasonal �plans today definiteleat)could.aty have only been a temporary residents. If that.use was legally expanded it and no permits have been issued to allow for that expansion- public Comment was requested and 14 Affanato and the builder Ioseph Crallant Spoke t in that a fullof e �app & In opposition,Judge Ioseph Reardon spoke an the issue of exp work order was went had b vP pound and.the structure enclosed. work had continued after the stop issued-_ He contended that the residential use of the accessory building.L&.�gn..r c=blishe�ei;had been abandoned for non-usL Further,the zoning ordinance says you cannot have mo houses on one lot He expressed the use of this accessory structure as a second residents on a lot would be very detrimental to the neighborhood. At the end of the hearing of February 1, 1995,the Board determined to close the hearing for public ent to investigate the Assessor's records as it relates testimony and requested staff of the planning departm to this lot and the establishm�of a second building on it,and site inspection from the Building t Commissioner. The Board determined to continue this case to February 15, 1995 for a decision 2 c 03/30/95 THU 14-56 [T%/R% NO 51991 1a007 DR-4ETZ LAW OFFICES 5087750992 P. 01 Zoning Board of Appeals Derision and Notice Appeal Number 1994-116 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 sttucnue,the new structure is larger as far as bulk. He noted that the new strac Lure is considerably 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 story in which a loft is proposed- in consideration for staff research in to the Assessor's Records,it was determined that a one garage was originally added to the property in 1964. In 1972,a visual assessment 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 arm 298 sq.R.constituted the"cottage"structure. The building was not heated The Board reviewed affidavits submitted and decided that this information was consistent with the affidavit submitted by John Joakim,Jr.who owned and resided on the property at this time Findingt: At the hearing of February 15, 1995,the Board unanimously made the following findings of fact as related to Appeal 1994-116,an appeal of the Building Commissioner's Ccase&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 lot. 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 loL Accessory uses and strneturrs were permitted under zoning at that time,provided that the use be customary and incidental to the primary use for single family. 5. 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 on this lot during this time period was not an allowable use under zoning. The accessory use being made of this structure was an extension of the primary use,the single family 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 Assessor'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 his been Upheld. Appeals of this decision, if any,shall be made to the Barnstable Superior Court pure- ant to MOL Chapter 40A.Section 17, within twenty(20)days after the date of the filing of this decision in the office of the Town Cleric. ightingale, hairm• Date i - 03/30/95 THII 15:02 rT%/RR No 12001 aOO1 DRANETZ LAW OFFICES 5087750992 P. 01 Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 I Linda Leppanen. Clerk of the Town of Barnstable,Bamstable County,Massachusetts,hereby certify that twenty(20)-days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of ` the decision has been filed in the office of the Town Sighed and sealed this day of 19 under the pains and penalties of . Perjury. Linda Leppanen,Town Clerk t 4 03/30/95 THU 15:05 [T%/Rg NO 52011 Z 001 i Ralph Crossen April 13, 1995 Building Inspector Town of Barnstable Hyannis, Mass. 02601 Re: 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. r Despite that fact and the expense involved, I agree to reduce the height of the roof line. 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 DEPT j APES i 3 '1996 CJ�2c ��5 uie. 17 _ - T-" A234.004.T00 ✓ t, - DATE May 1 19 95 PENT NO. NQ 37686 APPLICANT Joseph C. Affanato ADDRESS 152 Pleasant Pines Ave. , Centerville, MA BUILD ACCESSORY (NO.) (STREET) (CONTR•S LICENSE) PERMIT TO STRUCTURE Accessory Use (1) STORY 4 Months Per Year NUMBER OF DWELLING UNITS N/A (TYPE OF IMPROVEMENT) ., - , .NO. _ _ .. _.. _ „.IPR.OPOSED-USE)- -> - -- AT (LOCATION) 152 Pleasant Pines Avenue, Centerville, MA ZONING (N0.) (STREET) DISTRICT_ BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION LOT BLOCK LOT SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #94-399 AREA OR VOLUME _- 616 square feet 28,000.00 PERMIT ESTIMATED COST $ FEE 50'00 (CUBIC/SQUARE FEET) OWNER Joseph Affanato ADDRESS 152 Pleasant Pines Ave. Centerville, MA BUILDING T. BY SE. "ONDITIONS AS STATED IN LETTER DATED MAY 1, 1995 "The T ,�,BM I own of Barnstable '. Department of Health Safety and Environmental Services Building Division_____: 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner May 1, 1995 Mr. Joseph Affanato 152 Pleasant Pines Avenue Centerville, MA 02632 'Re: Building Permit No. 37643 152 Pleasant Pines Avenue, Centerville, MA Dear Mr. Affanato: As we discussed on Friday, April 28, 1995, the enclosed building permit (#37686)with the following restrictions replaces the above referenced building permit(#37643). Restrictions to Building Permit Number 37686: 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. Sincerely, Ralph M. Crossen Building Commissioner RMC/km f t� 5 ec u✓�.d 5 j U r �C G lC �o �l%:� P��r►5. rr / 7�i Sf�S f 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSE*TS STATE BtM DWG CODE lap days after the . :: 116.42 Fee and costs: All fees and costs related violations until the se of 30 to the performance of on-site project issuance of the written notice of violation a_ represenuation shall be borne by the owner. I S Abatement of violation: The imposition of 1165 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the contained in 790 CMR 116.*0 shall have the effect of legal officer of the jurisdiction from instituting t waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CUR with respect to examination of or to restrainn, correct or abate a violation, or to � r. the contract documents. including Plans, Pr-,=illegal occupancy of a building,sauctwe or = computations and specifications, and field premises or to stop an ill f egai act,conduct,business inspections(see 780 CMR 106.0). or ocarponcy of a building or sbuctwe on or about any premises. 4 . 780 CMIR u7.0 WORKMANSM 117.1 General- All work shall be conducted, 11L6 Notice or orders, service and content installed and completed in a worloaarmlace and Every notice or order authorized by.780 CMR shall <- } be in writing and shall be served on the person : acceptable manner so as to seam the results teaab ponk: : intended by 790 CMR «;E. 1. personally, by any Person authorized by the 780 tit 118.0 VIOLATIONS building official;or 2. by any person authorized to serve civil r K 11L1 Unlawful acts: It shall be unlawful for any pronto by leaving a copy of the order or notice at per9oa,firm or corporation to use,occupy or change the responsible patty's last and usual place of the use or obaTancy of any buihfing or structure or abode;or to elect. construct.•aha, attend, repair, remove, 3. by sending the party responsibile a copy of the demolish any buiklnng or svvctwe or any equipment order by registered or certified mail return receipt regulated by 780 CM&or cause same to be done,in requested,if he is within the Commonwealth;or conflict with or in violation of any of the Provisions 4. if the responbile patty's last and usual place of 780 CMP, of abode is unimown, by posting a copy of this order or notice in a conspicuous place on or about 1192 Notice of violation:The building official shall the premises in violation and by publishing it for serve a notice of violation or order an the person at least three out of five consecutive days in one mile for the erection,construction,alteration, or more newspapers of general circulation aamsion repair,removal,demolition or occupancy wherein the buik nrg or premises affected is of a building or snuarre in violation of the situated provisions of 780 CMR, or in violation of a detail statement or a plan approved tbawrider, or in.- 780 CAR 119.0 SMP WORK ORDER violation of a pewit or certificate issued under the 119.1 Notice to owner. Upon notice from the provisions of 780 CML Such order shall be in writing and snail direct the discartiauance of the building official that work on any builoyng or illegal action or condition and the abnement of the is beingthe prosecuted contrary to unsafe violation provi�ioas of 780 CMR or in an unsafe and dangerous manner or contrary to the- approved 1183 Prosecution of violation: If the not= of constriction documents submitted in support of the building P� application, such work shall be violation is tenor complied with in the time periodimmedwely stopped. The stop work order shall be specified in said notice of vioh don, the building in writing and shall be given to the owner of the official may institute the appropriate proaeditigs at property involved,or to the owner's agent,or to the law or in equity to restrain, eosect or abate such pia dog the work;and shall state the conditions violation or to rage the removal or termination of under which work will be permitted to resume. the unnlawfid ocarpaiey of the bui&bW or structure in violation of the provisions of 790 CMR or of the 1192 Unlawful continuance:Any person who shall order or direction made pursuant thereto. ror>tinaue any work in or about the building or l 1s.4 Violation penalties Whoever violates airy svrctm afta having been served with a stop work provision of 780 C1VIIt,accept any specialized code order,except such work as that person is directed to - referenced herein, snail be punishable by a fine of perform to remove a violation or unsafe condition, itmprisommiat for not shall be Gable to a fine of not more than S1,000 or not morn than S1,000 or by by for not more than one year,or both }, more than one year,or both for each such violation for each such violation Each day during which a Each day during which a violation exists shall constitute a separate offma The biding official violation exists snail catstitute a separate offense shall not begin craning prosecution for such x= 26 7W CMR•Sixth Edition , 2n/97 (Effective?1Z8/97) `• 13 SECTION 3 DISTRICT REGULATIONS 3-1 Residential Districts 3 1 1 RB RD-1 and RF-2 Residential Districts 1) Principal Permitted Uses : The following uses are permitted in the RE, RD-1 and RF-2 Districts : A) Single-family residential dwelling (detached) . 2) Accessory Uses : The following uses are permitted as accessory uses in the RE, RD-1 and RF-2 Districts : t A) Renting of rooms for not more than three (3 ) non-family members by the family residing in a single-family dwelling. B) Keeping, stabling and maintenance of horses subject to the following: a) Horses are not kept for economic gain. b) A minimum of twenty-one thousand, seven hundred eighty (21, 780) sq. ft . of lot area is provided, except that an additional ten thousand, eight hundre. ninety (10 , 890) sq. ft . of lot area for each horse in excess of two (2) shall be provided. c) All State and local health regulations are complied with. d) Adequate fencing is installed and maintained to contain the horses within the property, except, that the use of barbed wire is prohibited. e) All structures , including riding rings and fences to contain horses, conform to fifty percent (50%) of the setback requirements of the district in which located. f) No temporary buildings, tents, trailers or packing crates are used. g) The area is landscaped to harmonize with the , character of the neighborhood. h) The land is maintained so as not to create a nuisance . 14 i) No outside artificial lighting is used beyond that normally used in residential districts . 3) Conditional Uses : The following uses are permitted as conditional uses in the RB, RD-1 and RF-2 Districts, provided a Special Permit is first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3 . 3 herein and the specific standards for such conditional uses as required in this section: A) Renting of rooms to no more than six (6) lodgers in one (1) multiple-unit dwelling. B) Public or private regulation golf courses subject to the following: a) A minimum length of one thousand (1, 000) yards is provided for nine (9) hole course and two thousand (2 , 000) yards for an eighteen (18) hole course . b) No accessory buildings are located on .the premises except those for storage of golf course maintenance equipment and materials, golf carts, a pro shop for the sale of golf related articles, rest rooms, shower facilities and locker rooms . C) Keeping, stabling and maintenance of horses in excess of the density provisions of Section 3-1 . 1 (2) (B) (b) herein, .either on the same or adjacent lot as the principal building to which such use is accessory. D) Family Apartment subject to the following: a) Not more than one (1) family apartment is provided. b) The family apartment is within or attached to an existing residential structure .or within an existing building located on the same lot as said residential structure. c) The residential character of the area is retained as nearly as possible. d) The family apartment contains not more than fifty percent (501) of the square footage of the existing residential structure if being proposed as an addition thereto. e) All setback requirements of the zoning district Within which the family apartment is being .located are complied with. 15 f) The property owner resides on the same lot as the family apartment . g) The family apartment is occupied by members of the property owner' s family only. h) The occupancy of the family apartment does not exceed two (2) family members at any one time . i) The family apartment is the primary year-round residence of the family. member (s) residing therein. j ) The family apartment will not be sublet or subleased by either the. owner or family member (s) at any time . k) Scaled plans of any proposed remodeling or addition to accommodate the family apartment have been submitted by the property owner or his or her agent to the Building Commissioner and the Zoning Board of Appeals . 1) Prior to occupancy of the family apartment, affidavits reciting the names and family relationship among the parties seeking approval have been signed and shall be signed annually thereafter for the duration of such occupancy. L m) Prior to occupancy of the family apartment, an occupancy permit shall be obtained from the Building Commissioner. n) No such occupancy permit shall be issued until the Building Commissioner has made a final inspection of the proposed family apartment . o) Within sixty (60) days from the date authorized family members vacate the family apartment, the owner or his or her agent shall remove any kitchen facilities in such unit and notify the Building Commissioner to inspect the premises . p) In addition to the provisions of Section 3- 1 . 1 (3 ) (D) (o) above, upon vacation of any family apartment , the premises shall be restored as 'nearly as possible to their state prior to the creation of such family apartment . q) The Building Commissioner shall have the right to further inspect the premises upon which a family apartment has been vacated at least three (3 ) times j- 16 per year -for three (3 ) years consecutive from the time of such vacation. E) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use . F) Bed and Breakfast Intent : It is the intent of this section to allow Bed and Breakfast operations in larger older homes to provide an - adaptive reuse for these structures and in so doing, encourage the maintenance and enhancement of older buildings which are part of the community character. This use will also create low intensity accommodations for tourist and. visitors and enhance the economic climate of the town. By requiring that the operation is owner occupied and managed, the town seeks to ensure that the use will be properly managed and well maintained. Bed and Breakfast, subject to the following conditions : a) The Bed and Breakfast operation shall be located within an existing, owner-occupied single family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December 1, 1996 . b) No more than three (3) bedrooms shall be rented for Bed and Breakfast to a total of six guests at any one time . For the purpose of this section, children under the age of (twelve) 12 years shall not be considered in the total number of guests. a c) No cooking facilities including but not limited to stoves, microwave ovens, toaster ovens and hot plates shall be available to guests, and no meals except breakfast shall be served to guests . d) The owner of the property shall be ` responsible for the operation of the property and shall be resident when the Bed and Breakfast is in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and r-hat the owner is resident all times that the Bed and Breakfast is being operated. If the affidavit is not filed, the f operation. shall cease forthwith and any Special Permit issued shall be considered null and void. The 17 requirement for filing of an affidavit shall not apply to Bed and Breakfast operations legally established prior October 1, 1996 e) The single family residence in which the Bed and . Breakfast operation is located. shall .be maintained so that the appearance of the building and grounds remain that of a single-family residence . f) If the property is not served by public water, the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have -any detrimental impact on any private water supply on-site or off-site . g) No parking. shall be located in any required building yard setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five feet in height . Parking areas may be permitted in front of the house, not within the required building front yard setback, provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking provided these are maintained with a grass ground cover in good condition. h) The Special Permit for the Bed and Breakfast Conditional Use operation shall be issued to the owner only and is not transferable to a subsequent property owner. This provision shall only apply to. Bed and Breakfast Conditional Use operations established in Residential Districts . (Added on Feb. 20, 1997 by a 9 Yes 2 No vote of the Barnstable Town Council) 4) Special Permit .Uses : The following uses are permitted as special permit uses in the- RB, RD-1 and RF-2 Districts, provided a Special Permit is first obtained from the Planning Board: A) Open Space Residential Developments subject to the provisions of Section 3-1 . 7 herein. 5) Bulk Regulations : - ZONING MIN.LOT MIN.LOT MIN.LOT MINIMUM YARD MAXIMUM BLDG. DISTS . AREA FRONTAGE WIDTH SETBACKS IN FT. HEIGHT IN FT. SQ.FT. IN FT. IN FT. --------------- , FRONT SIDE REAR r 1 18 RB 43560 20 100 20 # 10 10 30 * RD-1 43560 20 125 30 # 10 10 30 * RF-2 43560 20 150 30 # '. 15 i-5 30 * * Or two and one-half (2-1/2) stories whichever is lesser. # 100 Ft . along Routes 28 and 132 . TOWN OF BARNSTABLE, MASSACHUSET- ERM1 A234.004.T00 ✓ �1. Mat 1 N 2 (�Q6 DATE 19 95 PE It NO. •`O y7Vv APPLICANT y_ Joseph C. Affanato ADDRESS 152 Pleasant Pines Ave. , Centerville, MA BUILD ACCESSORY (NO.) (STREET) (CONTR'S LICENSE) Accessory Use PERMIT TO STRUCTURE (1) STORY ''++ Months Per Year NUMBER OF (TYPE OF IMPROVEMENT) NO. DWELLING U (PROPOSED USE) NITS N/A - AT (LOCATION) 152 Pleasant Pines Avenue Centerville MA ZONING (NO.) (STREET) DISTRICT_ BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION LOT LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS. Sewage #94-399 AREA OR VOLUME 616 square feet 28,000.00 PERMIT ESTIMATED COST $ FEE $ 50'00 (CUBIC/SQUARE FEET) OWNER Joseph Affanato ADDRESS 152 Pleasant Pines Ave. Centerville, MA BUILDING T. BY SE. IONDITIONS AS STATED IN LETTER DATED MAY 1, 1995 APPLIC TI N C ADULT APPLICATION NUMBER(COURT USE ONLY) Trial Court of Massachusetts FORCOPPLIAINT ❑ JUVENILE District Court Department The within nam co lainant requests that a complaint laint issue COURT DIVISION q p ❑ARREST � REQUEST HEARING against the wit na d defendant,charging said defendant with REQUEST REQUEST SUMMONS the offense(s)I ted low. WARRANT (one or more felonies) NO.COUNTS POLICE DEPT.CODE POLICE INCIDENT NO. OFFENSE DATE OFF.LOCATION CODE ARREST DATE CITATION NO.(if applicable) LAST NAME FIRST NAME MIDDLE NAME Affanato Joseph ALIAS NAME(LAST,FIRST,MI) STREET ADDRESS 152 Pleasant Pines Avenue CITY STATE 21P HOME PHONE Centerville MA 02632 CITY OF BIRTH STATE OF BIRTH SID NO. PCF NO. LICENSE STATE MARITAL STATUS SEX ETHNICITY HEIGHT WEIGHT COMPLEXION HAIR EYES FT IN LBS ' It S- � FFEySE iNI�tIF.? ,: Mey s j CHAP./SECJSUB. DESCRIPTION OFFENSE DATE 1. 780 CMR Ch 1 Unlawful- Acts; Notice. of Violation; $@)®LE (}$VIC11I1 NAI I AP c Cpmp F toP geARIxelp attac, e CHAP./SEC./SUB. DESCRIPTION I OFFENSE D T 2. Ch 3 Sec 3-1.1 Did use single family dwelling as a mul iple 16/2/98 - VARIABLES(e.g.VICTIM NAMEIWEAPON/C UB & O V CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 3 VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED-SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 4. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) IS DEFENDANT IF NOT IN CUSTODY,BAILED TO COMPLAINANT(OFFICER CODE OR NAME AND ADDRESS) CO-DEFENDANT NAME(S)IF ANY IN CUSTODY? Jack Gillis YES Consumer. Affairs Division NO O M. DATE TIME 230 South Street WITNESS(ES)(OFFICER CODE(S)OR NAME(S)AND ADDRESS(ES). yannls MA 02601 NAME AND ADDRESS OF EMPLOYER(S)OF DEFENDANT MOTHER'S MAIDEN NAME(LAST,FIRST,MI) FATHER'S NAME(LAST,FIRST,MI) EMPLOYER PHONE DEFENDANT WORK PHONE OCCUPATION DESCRIPTION OF INCIDENT(or attach on separate page) t � X � 10/28/98 SIGNATURE QFFCOMPLAINANT DATE DC-CR2A(8/93) ` NOTICE TO COMPLAINANT APPLICATION No. 9825 AC 015311 Trial Court of Massachusetts OF CLERK S HEARING District Court Department _.x;u. . . .,.... . DATE OF APPLICATION DATE OF OFFENSE CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 10/28/98 10/02/9 8 1 1 2 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (5O 8) 3 62-2 511 JOSEPH AFFANATO DATE OF HEARING F 152 PLEASANT PINES AVE 11/0 5/9 8 COMPLAINANT MUST APPEAR AT CENTERVILLE MA 02632 TIME OF HEARING ABOVE COURT ON THIS DATE AND 2 : 00 PM jeE SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT JACK GILLIS TOWN OF BARNSTABLE PO BOX 2430 . HYANNIS MA 02601 FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL 2 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby not that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. e ^+ DATE ISSUED CLERK-MAGISTRATE 10/28/98 ATENC16N:ESTE ES UN AVISO OFICIAL DE LA COUTE.SI LISTED NO SABE LEER INGLES,OBTENGA UNA TRADUCC16N. ATTENTION:CE9I EST LINE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATEN�AO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SAGE LEA INGLES,QBTENHA LIMA TRADU¢T►0. LUU-Y:DAY LA THONG.BAO CHINH THUC CUA TOA-AN,NEU BA,NQKHONG DOC DL"C TIENG ANH,MAY TIM NGUOI DIC1H NO. % 11 .Jrp-Ia�y/.�e� �(y��� 'dX. 1 !1'"� ri �` 10 • CH2 10/28/98 2:12 PM DOCKET NO. rORD OF CRIMINAL CASE 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 MOTHER'S MAIDEN NAME FATHER'S NAME PCF NO. SID NO. LICENSE STATE 1395404 a CASE. NFORMATION'< . NO.COUNTS POLICE DEP POLICE INCIDENT NO. OFFENSE LOCATION ARREST DATE MV CITATION NO. 2 BAR BARNSTABLE CURRENT DEFENSE ATTORNEY ATTORNEY TYPE i CURRENT PROSECUTOR COMPLAINANT ' JACK GILLIS OFFENSE.AND JUDGMENT INFORMATION 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 CLERK-MAGISTRATE A TRUE 1 4/27/99 COPY ed ATTEST: CRF21A 4/27/99 3:23 PM DOC KET NO. Tria l Cou rt >tN >< t f RRANT......................::::....:::: o Massachusetts 9825 CR 4222 00 Dis trict c tCo urtDepartment epar tmen t DEFENDANT NAME COURT NAME&ADDRESS JOSEPH AFFANATO BARNSTABLE DISTRICT COURT ADDRESS BARNSTABLE MA 02630-0427 CENTERVILLE MA 02632 PCF NO. 11/05/98 10 o2i9s 1395404 �. NO.OF COUNTS ETHNICITY SID NO. 2 STATE HEIGHT WEIGHT COMPLEXION HAIR EYES POLICE DEPARTMENT OF OFFENSE BARNSTABLE POLICE DEPT. EMPLOYER NAME AND ADDRESS DEFENDANT HOME PHONE k_ DEFENDANT WORK PHONE : ~ A till f �}`�- (. 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 �tl'f' HON. JOSEPH J. REARDON 11/2 5/9 8 OPSER iijS 0 1 certify that the defendant has been arrested and surrendered to the court. 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 DOCKET NO. CRIMINAL COMPLAINT 9825 CR 004222 Trial Court of Massachusetts District Court Department DEFENDANT NAME COURT NAME&ADDRESS JOSEPH AFFANATO BARNSTABLE DISTRICT -COURT DATE OF COMPLAINT DATE OF OFFENSE OF COUNTS ROUTE 6A, P:O. BOX 427 NO. 11/05/98 10/02/98 2 BARNSTABLE MA 02630-0427 OFFENSE LOCATION POLICE DEPT.OF OFFENSE (508) 362-2511 BARNSTABLE BARNSTABLE POLICE DEPT. POLICE INCIDENT NO. ARREST DATE WARRANT ON COMPLAINT DATE ARRAIGNMENT SCHEDULED FOR 11/25/98 The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date(s) indicated the defendant committed the offense(s) listed below and on any attached pages. 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on OCTOBER 2, 1998 did UNLAWFUL ACTS OF THE BUILDING CODE. DID OCCUPY OR CHANGE THE USE OR OCCUPANCY OF A BUILDING OR STRUCTURE. , in violation of 780CMR CH1 of the City or Town of BARNSTABLE. 2 . 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on OCTOBER 2, 1998 did DID USE SINGLE FAMILY DWELLING AS A MULTIPLE FAMILY DWELLING, in violation of CH3 SEC. 3-1.1 of the City or Town of BARNSTABLE. ` \ I SIGNATURE OF COMPLAINANT SWORN TO BEFORE ME X X JACK GILLIS CLERK-MAGISTRATE/ASST.CLERK/DEPUTY ASST.CLERK ZCI 11/05/98 2:08 PM F fNE The Town of Barnstable • snxxsrABM 9� 16 9 ���' Department of Health Safety and Environmental Services A,Eo r�+°i 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 MGLA 143 § 94, Powers and duties Page 1 *42208 M.G.L.A. 143 §94 shall be collected and retained by the city or town conducting such inspections. MASSACHUSETTS GENERAL LAWS ANNOTATED Such rules and regulations, together with any PART I. ADMINISTRATION OF penalties for the violation thereof, as hereinafter THE GOVERNMENT provided, shall comprise and be collectively TITLE XX. PUBLIC SAFETY AND known as the state building code. GOOD ORDER Lexistsshall er violates any provision of the state CHAPTER 143. INSPECTION AND code, except any specialized code as REGULATION OF, AND LICENSES in section ninety-six, shall be FOR,BUILDINGS,ELEVATORS by a fine of not more than one AND CINEMATOGRAPHS dollars or by imprisonment for not STATE BOARD OF BUILDING an one year, or both, for each such REGULATIONS AND STANDARDS . Each day during which a violation all stitute a separate offense. Current through 1999 Ist Annual Sess., Ch. 26 apv. 612811999 (b) To subpoena witnesses, t e stimony, compel production of books and records and to § 94. Powers and duties hold public hearings. The board may designate one or more of its members to hold special The board shall have the following powers and public hearings and report on such hearings to duties: the board. (a) To formulate, propose, adopt and amend *42209 (c) To make a continuing study of the rules and regulations relating to (i) the operation of the state building code, and other construction, reconstruction, alteration, repair, laws relating to the construction of buildings to demolition, removal, inspection, issuance and ascertain their effect upon the cost of building revocation of permits or licenses, installation of construction and the effectiveness of their equipment, classification and definition of any provisions for health, safety, energy building or structure and use or occupancy of all conservation and security. buildings and structures and parts thereof or classes of buildings and structures and parts (d) To recommend or require tests and thereof, except bridges and appurtenant approvals and specify criteria and conditions, of supporting structures which have been or are to materials, devices, and methods of construction, be constructed by or are under the custody and either upon the initiative of the board or at the control of the department. of highways, the request of any interested person including, but Massachusetts Turnpike Authority, the not limited to, a manufacturer, builder, architect, Massachusetts Bay Transportation Authority, engineer, inspector -of buildings or building the metropolitan district commission or the commissioner or local or state inspector, in Massachusetts Port Authority or for which said order to ascertain the acceptability of said agencies have maintenance responsibility; (ii) materials, devices and methods under the the rehabilitation and maintenance of existing requirements of the state building code. The buildings; (iii)the standards or requirements for board shall issue certification of such materials to be used in connection therewith, acceptability, which certification shall be including but not limited to provisions for binding on all cities and towns. safety, ingress and egress, energy conservation, and sanitary conditions; (iv) the establishment (e) To review, on its own initiative or on the of reasonable fees for inspections, which fees application of any inspector of buildings or Copyright (c) West Group 1999 No claim to original U.S. Govt. works SECTION 3 DISTRICT REGULATIONS 3-1 Residential Districts 3-1 1 RB RD-1 and RF-2 Residential Districts 1) Principal Permitted Uses : The following uses are permitted in the RB, RD-1 and RF-2 Districts: A) Single-family residential dwelling (detached) . 2) Accessory Uses : The following uses are permitted as accessory uses in the RB, RD-1 and RF-2 Districts : A) Renting of rooms for not more than three (3) non-family members by the family residing in a single-family dwelling. B) Keeping, stabling and maintenance of horses subject to the following: a) Horses are not kept for economic gain. b) A minimum of twenty-one thousand, seven hundred eighty (21, 780) sq. ft . of lot area is provided, except that an additional ten thousand, eight hundre, ninety (10 , 890) sq. ft . of lot area for each horse in excess of two (2) shall be provided. c) All State and local health regulations are complied with. d) Adequate fencing encin is installed and maintained to contain the horses within the .property, except that the use of barbed wire is prohibited. e) All structures, including riding rings and fences to contain horses, conform to fifty percent (50%) of the setback requirements of the district in which located. f) No temporary buildings, tents, trailers or packing crates are used. g) The area is landscaped to harmonize with the character of the neighborhood. h) The land is maintained so as not to create a . nuisance . f 14 No outside artificial lighting is used beyond that normally used in residential districts . 3) Conditional Uses : The following uses are permitted as conditional uses in the RB, RD-1 and RF-2 Districts, provided a Special Permit is first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3 . 3 herein and the sPecific standards for such conditional uses as required in this section: A) Renting of rooms to no more than six (6) lodgers in one (1) multiple-unit dwelling. B) Public or private regulation golf courses subject to the following: a) A minimum length of one thousand (1, 000) yards is provided for a nine (9) hole course and two thousand. (2, 000) yards for an eighteen (18) hole course. b) No accessory buildings are located on the premises except those for storage of golf course maintenance equipment and materials, golf carts, a pro shop for the sale of golf related articles, rest rooms, shower facilities and locker rooms. C) Keeping, stabling and maintenance of horses in excess of the density provisions of Section 3-1 . 1 (2) (B) (b) herein, either on the same or adjacent lot as the principal building to which such use is accessory. D) Family Apartment subject to the following: a) Not more than one (1) family apartment is provided. b) The family apartment is within or attached to an existing• residential structure or within an existing building located on the same lot as said residential structure. c) The residential character of the area is retained as nearly as possible. d) The family apartment contains not more than fifty percent (500) of the square footage of the existing residential structure if being proposed as an addition thereto. e) All setback requirements of the zoning district 'within which the family apartment is being locate are complied with. • 15 f) The property owner resides on the same lot as the family apartment . g) The family apartment is occupied by members of the property owner' s family only. h) The occupancy of the family apartment does not exceed two (2) family members at any one time . i) The family apartment is the primary year-round residence of the family member (s) residing therein. j ) The family apartment will not be sublet or subleased by either the owner or family member (s) at any time . k) Scaled plans of any proposed remodeling or addition to accommodate the family apartment have been submitted by the property owner or his or her agent to the Building Commissioner and the Zoning Board of Appeals . 1) Prior to occupancy of the family apartment, affidavits reciting the names and family relationship_ among the parties seeking approval have been signed and shall be signed annually thereafter for the duration of such occupancy. l m) Prior to occupancy of the family' apartment, an occupancy permit shall be obtained from the Building Commissioner. n) No such occupancy permit shall be issued until the Building Commissioner has made a final inspection 'of the proposed family apartment . o) Within sixty (60) days from the date authorized family members vacate the family apartment, the owner or his or her agent shall remove any kitchen facilities in such unit and notify the Building Commissioner to 'inspect the premises . p) In addition to the provisions of Section 3- 1 . 1 (3 ) (D) (o) above, upon vacation of any family apartment , the premises shall be restored as nearly as possible to their state prior to the creation of such family apartment . q) The Building Commissioner shall have the right to further inspect the premises upon which a family apartment has been vacated at least three (3) times �- per year -for three (3) years consecutive from the time of such vacation. E) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as accessory use . F) Bed and Breakfast Intent : It is the intent of this section to allow Bed and Breakfast operations in larger older homes to provide a adaptive reuse for these structures and in so doing, encourage the maintenance and enhancement of older buildings which g are part a of the he community character. This use will also create low intensity accommodations for tourist and visitors and enhance the economic climat_I of the town. By requiring that the operation is owner occupied and managed, the town seeks to ensure that th e use will be properly managed and well maintained. Bed and Breakfast, subject to the following conditions : a) The Bed and Breakfast operation shall be located within an existing, owner-occupied single family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December 1, 1996 . b) No more than . three (3) bedrooms shall be rented for Bed and Breakfast to a total of six guests at any one time .- For the purpose of this section, children under the age of (twelve) 12 years shall not be considered in the total number of guests . c) No cooking facilities including but not limited to . stoves, microwave. ovens, toaster ovens and hot plates shall be available to guests, and, no meals except breakfast shall be served to guests . d) The owner of the property shall be responsible for the operation of the roerty and shall be resident when the Bed and Breakfast- is- in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and chat the owner is resident all times that. the Bed and Breakfast is being operated. If the affidavit is not filed, the operation shall cease forthwith and any Special Permit issued shall be considered null and void. The 17 requirement for filing of an affidavit shall not apply to Bed and Breakfast operations legally. established prior October 1, 1996 e) The single family residence in which the Bed. and Breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of_ a single-family residence . f) If the property is not served by public water, the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have -any detrimental impact on any private water supply on-site or off-site. g) No parking shall be located in any required building yard .setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five feet in height . Parking areas may be permitted in front of the house, not within the required building front yard setback, provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking provided these are maintained with a grass ground cover in good condition. h) The Special Permit for the Bed and Breakfast Conditional Use operation shall be issued to the owner only and is not transferable to a subsequent . property owner. This provision shall only apply to Bed and Breakfast . Conditional Use operations established in Residential Districts . (Added on Feb. 20, 1997 by a 9 Yes 2 No vote of the Barnstable Town Council) . 4) Special Permit Uses : The following uses are permitted as special permit uses in the RB, RD-land RF-2 Districts, provided a Special Permit is first obtained from the Planning Board: A) Open Space Residential Developments subject to the provisions of Section 3-1. 7 herein. 5) Bulk Regulations : ZONING MIN.LOT MIN.LOT MIN.LOT MINIMUM YARD MAXIMUM BLDG. DISTS . AREA FRONTAGE WIDTH SETBACKS IN FT. HEIGHT IN 'FT. SQ. FT. IN FT. IN FT. --------------- , FRONT SIDE REAR 18 RE 43560 20 100 20 # 10 10 30 * RD-1 43560 20 125 30 # , 10 10 30 * RF-2 43560 . 20 150 30 # ', 15 - i•5 30 * * Or two and one-half (2-1/2) stories whichever is lesser. # 100 Ft . along Routes 28 and 132 . i J 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE ; 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the to the performance of on-site project issuance of the written notice of violation representation shall be borne by the owner. 11M Abatement of violation: The imposition of 1165 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the _. contained in 780 CMR 116:0 shall have the effect of legal officer of the jurisdiction from irutinuting .r waiving or limiting the building official's authority appropriate action to prevent unlawful constructionp to enforce 790 CMR with respect to acumination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building, structure or computations and specifications, and field premises or to stop an illegal act,conduct,business inspections(see 780 CMR 106.0). or occarpmrcy of a building or svucarre on or about e1yp - 780 C IR 117.0 WORIOMNS W 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 CMR shall be in writing and shall be served on the person acceptable manner so as to secure the results .responsible: intended by 780 CMR 1. personally, by any person authorized by the . 780 CMR 118.0 VIOLATIONS 2 official;or by any person authorized to serve civil 118.1 Unlawful acts: It shall be unlawful for any process by leaving a copy of the order or notice at person,firm or corporation to use,oeaupy or change the responsible party's last and usual place of the use or obarpmrcy of any building or sbuctm or abode;or to erect, construct, alter, extend, repair, remove, 3. by sending the parry responsibile a copy of the demoLsh any building or soucmre or any equipment order by registered or certified mail return receipt regulated by 780 OAK or cause same to be do=in requested,if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4. if the re sponsibile party's last and usual place of 780 CMR. of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 1182 Notice of violation:The burldmg official shall the premises in violation and by publishing it for serve a notice of violation or order an the person at least three out of five consecutive days in one responsible for the erection,construction,altemon or more newspapers of general circulation aaanaorl repair,removal,demolition or occup=ny whe:reuu the buildigg or premises affected is of a building or svuct ne in violation of the situated. provisions of 780 CMR, or in violation of a detail statenett or a plan approved theeunnder, or in.. 780 CMR 119.0 S'POP WORK ORDER violation of a permit or certificitte issued under the 119.1 Notice to owner- Upon notice from the provisions of 780 CMR Such order sliall be m building official that work on any building or writing and shall direct the &seormnuance of the sbumm is being prosecuted contrary to the illegal action or condition and the abatement of the provisions of 780 CMR or in an unsafe and violation. dangerotts mamur or contrary to the approved 1183 Prosecution of violation: If the notice of construction documents submitted in support of the buildinviolation is not complied with in the time period P application, such work shall be — ely stopped. The stop work order shall be specified in said notice of violation, the brulding is writing and shall be givau to the owner of the official may imsdarte the appropriate proceedings at propertyor to the owners agent,or to the law or in equity to restrain, correct en abate such person�g the world and shall state the conditions violation en to require the removal or lamination of under which work will be permitted to resume. the tudawfid oeer Parry of the building or soucarse in violation of the provisions of 780 CMR or of the 1192 Unlawful continuance:Any person who shall y order or direction made pursuant thereto. �titiaue any work in or about the building or 113.4 Violation penalties: Whoever violates arty sbueture after having been served with a stop work provision of 780 OAK accept arty specialized code order,cmept such work as that person is directed to referenuexd herein, shall be punishable by a fine of perform to remove a violation or unsafe condition, nor more than $1,000 or for not shall be liable to a fine of not more than S1,000 or by by umprisomnemt for not more than one year,or both more than one year,or both for each such violation. for each such violation. Each day during which a Each day during which a violation coats shall violation eacists shallconstitute a separate offense- e:ornstarne a separate offense. The beulding oie:a1 sha11 not begin cr m nal prosecution for Mich a 26 790 CMR-Sixth Edition 2r7/97 (Effective 2128/97) ,. 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 9f 16/99 JT Requested Date 10/14/99 JT Requested By defense Assented To By: Defense Attorney Atty. Richard Schiffman Police Department 9/14/99 Sarah 1- .,-, rri�V.�y �• y •. . • TOWN OF BARNSTABLE; MASSACHUSETTS T A=234 004 T00 -.. _. _ _ j DATE July 29, ,�94 AIM IIT 926- APPLICANT Joseph Gallant-J. Af ana O ADDRESS L 1 woo P , : N° 36 armour i (NO.) (STREET) (CONTR'S LICENSE' PERMIT TO Rebuild dwelling 1 single 'family`'amil dwellingNUMBER of (_1 STORY 7 l DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) 152 Pleasant Pines Avenue, Centerville ZONING RD 1 DISTRICT— (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION I;OT BLOCK 512E BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCT: TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #94-3999 VOLA OR IUME 616 sq. ft. y�ESTIMATED COST 32,000 PERMIT S 50. 00 (CUlIC/SQUARE FEET) . OWNER Joseph Affanato _ ADDRESS 152 Pleasant Pines Ave, Centervl a2/f BUILDING DEPT. BY to c- i u1c)( 09avc, ovT c f-f,ti. V cz bE(fnf A �v���•��- i-� 7' tees Aue r� T4 0Qe1,LTr,/e5 StA" l t I -thv-p cc,-q/+ct Our s fl-/Yp A t9 A Al rf, 1-11 s ia- � . y y�� aft F � c�v bt �4Sf�s Tic�' Trbey 7' 36 i - __ - _, , ,�l _... -�: :•�- . .. ..,:oi- �r.o a"..:��+• r:;'is . zii,. .. .-. '•*'C.' _..�� .... - , - �..: :�' �i: .t •'i�4V yYCai. :t♦1 hr' 791'Jr .fl jd h„c,,o ICn.. ..r - L - It ��7--k— Avorf_.. ...;�.. .. ... � 7 _ i1• ,*.ins � i -t 1w� �r...:) .?C V. ' -'St. �N .ii "La'i`v ?t�s_J' .: 1 }i .., :I'i101i".:'lit. .J EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET OF COUNSEL OSTERVILLE.MASSACHUSETTS 026SS-0393 P. O. BOX 393 RICHARD C.ANDERSON (508)428 41 11 Building Inspector November 30, 1994 Town of Barnstable Town Hall xyannis,, Mass. 02601 TOM OF BARNSTABLE Attn:Ralph Cros sen BUILDING DEPT. Io Re:Joseph Affanato 152 Pleasant Pines Ave. Centerville, Mass . Dear Ralph: 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 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. Kir EWK/se i 1 BARNSTABLE PAGE 8 r S! ram, c lr Y*w y 3 9 p•y. r• 3, s O.'. %lot as o= m a o s w v v 3 0 MJ91 it 'Kc36A r z Ilk - �. �3�gdi ♦ R 9S o i pool)• ° ' a . *" 6 rooco 00 4n +�C.0` If 40i;p%to AD 0 p c y 1A 00 — 0 ooN�LO R CV9, 1'l�40 Yo ty`�`o6 or I co, 11b ojfT4p G Q E, r C•N�&L v t� utAueLAAr C 00 ��qqh4 3 � � Ca= 3/�,y t JtEYI ti4V O Ot0 ROUTE n`2e IN IF r pSAMT oft ' ?� � : s- =o a e[Uf M► . . _ UEQUA0UEt WOE G1P R' `D' S►4ALLOW S Pool) POND SAKE • � .�° $- ' � L Py." ? r a 16" DP YETZ URW OFFICES 5087750992 P. 06 Town of Barnstable Zoning Board of Appeals y Decision and Notice 1.1: Appeal Number 1994-116—Affanato*95 FED 28 P L7 "Appeal of an Administrative Decision A TRUB COPY ATTEST Appeal No. 1994-116 Upheld ApplicarWOwner. Joseph Affanato / 44" Address: C/O Edward W-Kirk, ., P.O.Box-393,OstervilI LAB i✓ 9� Property Location 152 Pleasant Pine Road,Centerville,MA' Town Clerk Assessor`s Map/Parcel 234-004 TOO 0.50 acres total BARNSTABLE Zoning RD-1 -Residential D-1 District and RF-Residential istrict Administrative Appeal: Building Commissioner's Cease&Desist Order on or about October 14, 1994 Activity Request: To remove the cease dt 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(12 R.by 221L)and a"shed"(10 R.by 22 fQ. 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 m-building of the structure rderred to as the-shed"and as descn'bed by the applicant's attorney as "the building"in the letter to Town Officials and the ZBA attached to the Appeal. The appeal was filed November 10, 1994;and a public hearing was schedzuled 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 Board members heard the appeal;Robert Thorne,Elizabeth Nilsson,Emmett Glynn,Ron Janson and Chairman Gail Nightingale. At the opening of the hearing,a.letter 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 letterer 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 Cleric Office on December 16, 1994. The Board continued this hearing until February 1, 1995. At the February 1 continuance of this appeal,the Board Chairman also opened two other appeals from the applicant for the same locus. There were Appeal No. 1995-17 for a Special Permit to Section 3-I.1 (3)(D),for a Family Apartment and Appeal No. 1995-18 frn a Special Pennit 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 reconstituted its members for hearing of the appeals. The following Board : _ 0.1/30/95 THLT 14_5R rTT/Rx No 51991 01006 DF '4ETZ LAW OFFICES S087750992 P. 07 t Toning Board of Appeals Number 1994-116 ' Decision and Notice Appeal IMesnbcts boatel the appeal: Geese Burman,'Tom DeRiemer,Emmett.Glynn,Ron Janson and Chairman Gail Nightingale. The Board and Attarmcy Kirk agreed to hear all three cases tagethcr- Art orncy.Kirk distributed a memorandum to the Board entitled"M=O=dm of Joseph Affanato in Support.of JAppealj 1994-116,Appeal fiesta Stop Work Older, I995-I I7 jI7]Request for Perrot tzsp or to a Non-Conforming Use.Ill 199$-1191191 Application for Special�t For Family file. phis were also submitted to the Board Apwof-which arcs also submitted , show tieth A oaPY of within the neighborhood. Attorney Kirk stated shooing that a �a ry strusimims wem��dwciungs in the local vicinity and that some of those suuct ues are also tinted or leased fr+ghy- celar strtieatre as a h1Y one Mr- Affanaw is seeleing a limited With wnsidaaiion for this Particular' out and for privacy he would like to Dave the use for himself and bus son. He has leased his own house a sign off from the Board of Hcalth- family apartment. The septic system is sufficient as it has received o the,historY Of the With respect w the Building Inspector's strop work order,the affidavits�a friend of the family-The building. in 195E the addition to the garage was made into living gaarters permit was issued as accessory and was a lawful use- The accessory structure is rdlected in the tax bills. continue with the same footprint and for the same p Wsc and with no A non-conformmg Use my ore the scup wvik order should be lilted or the aei rhoo& 'ljneref changes if it would have�unpaa to c �° a special permit ordered for the nonconforming Use. The Board,however,felt his arguments were in Jaxtapositiou with the zoning ordinance regarding the prohibition of having two tesidential structures on one lot in a resid flow district- Sections 2 3.6(1)and that only one principal permitted use building is allowed within all residential distracts. 2-3.8 both specify G>lta�a�Ty apartment- The Boatel The applicant additionally has not been able to meet the requirements affidavit f rat John Joakim,Jr.stating that the`cottage"was built in 1971 however now ding the legal noted when it the is 'ts far that construction were,on file. The Board cued that this S p�m the building as accessory was breached. mph ,Building Commissioner added that on July 25, 1994 Mr. AMmato submitted a sketch plan rot the building. He seems to have added to the footprint by 6 s�feet and with doc urnentati raga g outrage P O yuon-conforming into a specific and separate increased the height replacing an.existing dwelling. 4 The Board commenced that the original nature of the use as a seasonal cottage,(no heat)could'at best, have only been a temporary residents. If that.use was legally established.the plans today definitely atpaaded it and no permits have been issued to allow fbr that expansion. and Mr.Affa=O and the builder Ioseph Crallant spoke in Favor of the public Comment was requested mi the issue of expansion. He cited that a full appeals. In opposition,Judge Joseph Reardon spoke work order was b&==t had b+ tt mid and the structure enclosed- Work had=dinued aficr the stop eel that residential use of the accessory aniiiciing,ii lei' os+rbl : has been it'd-- He canto abandoned for non--usL Further,the zoning ordinance says you cannot have rave houses an one lot He expressed the use of this accessory structure as a second residents oa a lot would be very detrim=131 to the neighborhood- At the end of the hearing of F 1� oar 1995 the Board determined to close the hearing for public �' t to investigate the Assessor's retards as it relates Amon,and wed staff of the planning departmen to this lot and the establishment of a second building on it,and site inspection from the Building commissioner. The Board detesmined to continue this case to February 15, 1995 for a decision 2 03/30/AS TMT 1II• sa rTT/RX NO 51991 0 007 URW OFFICES S087750992 P. 01 Zoning Board of Appeals //- Decision and Notice Appeal Number 1994-116 1. 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 daze. He noted that in to ions photographs of the structure,the new structure is larger as far as bulk He noted . P� P SnP that the new aructure is considerably 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 story in which a loft is proposed. In consideration for staff research in to the Assessor's Records.it was determined that a one garage was originally added to the property in 1964. In 1972,a visual assessmattt of the property reviled that the one car garage had increase in size and was 22 feet by 22 feet,one area(352 sgfL)was the garage,and along side of that area 298 sq.fL constituted the"cottage"structure. Thtr building was not heated The Board reviewed affidavits submitted and decided that this information was consistent with the affidavit submitted ' by John Ioaldm,Jr.who owned and resided on the property at this time. Findings: At the hearing of February 15, 1995,the Board unanimously made the following findings of fact as related to Appeal I994-116,an appeal of the Building S.Cease&Desist Order 1. Zoning in this area of the Town was originally adopted in 19S 1. 2. According to the Town's Assessor's Records,prior to 1960 there was no accessory building on this lot. 3. According to the Assessor's Records,an accessory building was built or moved on tot in 1964. 4. During this time zoning allowed only ono principal permitted use structum a Angie family residential dwelling on a lot. Accessory uses and structures were pitted under zoning at that time,provided that the use be customary and incidental to the grnn=y use for single family. 5. 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 on this lot during this time period was not an allowable use under zoning. The accessory use being made of this structure was an extension of the primary use,the single family 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 Assessor's Records from 1972 do not note this accessary structure as a separate residential unit. Motion: In amordance 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'Chmnan Gait 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 office of the Town Clerk 71 a a� _ ightingaie, Date-tigned n3/3n 0 'tort 1 A-A r-rTiuz mn n9nni Onnr 08 750992 P. 01 .7.oning Board of Appeals Decision and Notice Appeal Number 1994-116 " I Linda LeppanM Clark of the Town of Barnstable,Barnstable County,IVlassachnsatts,hereby certify that DMIty(20)'days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the dccWon has been filed in the office of the Town Clerk. Signed and sealed this day of 19 under the pains and penalties of petjuty. Linda Uppanen,Town Clerk 4 03/30/95 THU 15:05 [T%/R% NO 52011 IaOO1 780 CMPL STATE BOARD OF BUII.DnvUKtuui.AiiurisANDSTANDARDS • TBE MASSACHUSEI'TS STATE BUB.DDiG CODE r 116.42 Fee and resit: All few and costs related violations uhml the lapse of 30 days arm the of on-site project issuuance of the written notice of violation. to the performance representation shall be be by the owner. ` 118S Abatement of violation: The imposition of 116.5 Building official responsr'brW. Nothing the penalaw herein Prescribed shall not prechWe the contained in 790 CIS 116.'0 shalt have the effect of 1e981 ofi ca of the.jt Wiction from ittstitutimg waiving or limiting the bwft asciars authority appropriate action to prevent unlawful construction ' �# to enforce 780 CWR with respect to examination of or_to restrain, correct or abate a violation, or to .the contract docamem including pleas. prim oaupmny of a buiidirrg,sarrctune or computations and specifications, and field prwn=or to stop an tllegai act,conduct,business inspections(see 780 CMR 106.0). or oaarpmray of a buildurg or mructrrie on or about WYPMUM- 780 CMR U7.0 WORIGUNSE 117.1 General: All wont shall be conducted, 118.6 Notice or orders, service and content: shall Every notice or order authorized by 780 C installed and completed in a wor1�I'ike andCMR acceptable manna so as to secure the results be in writing and shall be served on the person intended by 790 C AELres 4 authorized by the onsible 1. personally,by any person _ building official;or 780 CMR 11&0 VIOIAIIONS 2 by any person atuborized to serve civil 118.1 Unlawful acts: It shall be unlawful for any pis by krAS a copy of the order or notice at pe:m firm or corporation to use,ouupy or change the responsible patty's last and usual place of the use or o&zpv cry of any b&d&%lg or struetrme or abode;or to erem construct;aka, extend, repair, ranove, I by scoft the patsy responsibile a copy of the demol>sh any bu&ft or n v ctw a or any equipment, order by registered or certified maul return receipt regulated by 780 CMP,or cause same to be done.in requested,ff he is within the Commonwealth;or conflict with or in violation of any of the provisions 4. if the responsibile patty's last and usual place of 780 Cif of abode is u b own,by posting a copy of this order or notice in a conspicuous place on or about I=Notice of violation:The Wilding offuial shall the pvxd=in 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 responsible for the erection,construction,ahera ion. or more newspapers of general circulation extension repair,removal,demolition or ocarpmrey wherein the bud&vg or pre ims affected is of a builft or svucmm in violation of the situated. provisions of 780 Clot, or in violation of a detail statement or a plan approved there under, or in.. 780 CMR 119.0 MW WORK ORDER violation of a permit or certificate issued under the 119.1 Notice to owner: Upon notice from the provision of 780 CML Such order sli be in building official that work on any budaIng or writing and shall direct the discontinuance of the JVZWWV is being prosecuted contrary to the illegal action or condition and the abecemaut of the pion of 780 CMR or in an unsafe and violation. dangerous ameta or cot�ary to the- approved 1183.prosexation of violation: Tf the antics of oom documents submared in support of the violation is not complied with in the time period iinmediately Mph mp work order shall be specified in said notice of violation, the bhuldmg is writing and shall be give n to the owns of the official my mutrnte the apse poceedings at prop M involved,or to the owners agent,or to the . law or in eguaty to restrain, correct or abate such Permdoing the wale;ad shall state the conddons violation or to require the removal or tetminatimh of unda winch work will be pernotted to testate. the uala%fW ocarpmrcy of the build'nnrg or srrucn m in violation of the provisions of 780-CMR or of the 1192 Uniawfd continuance:Any person who shall order or direction made purstuatu thesrto. ootitimu any work in or about the building or 11M Violation penaldw. Whoever violates wayimcare after having been saved with a stop work pramon of 780 CM&except any specialized code order,except such work as that person is directed to tefaeace 4 herein, shall be punishable by a fine of peerin to remove a violation or unsafe condition, not more than S1,000 or by imprisonment for not shall be liable to a fine of not more than S1,000 or more than one year,or both for each sudi violation. by ment for not more than one year,or both >:ach day dttiag whicha violation exists shall . for-each such violation Each day during which a �mue a separate offense The building official violation exists shall�nue a separate ORe se. shall not begin criminal prosecution for rich r � 26 780 CMR-Sixth Edition 211/97 (Effective 2J28M • ���� lds�r� ji o SENDER: I also wish to receive the -o :Complete iterra.a and/or 2 for additional services. following services(for an o► ■Complete items 3,4a,and 4b. m ■Print your name and address On the reverse of this form so that we can return this extra fee): a card to you. > ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address ` permit• tb m ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2.❑ Restricted Delivery rs ■The Return Receipt will show to whom the ardde was delivered and the date Consult postmaster for fee. G delivered. 0 4a.Article Number cc m 3.Article Addressed to: 33 9 S9'7 �3 8 c v ra- 4b.Service Type m T n N " a � `"' �� 1 -�-� '_> ❑ Registered Certified CC ❑ Express Mail ❑ Insured m ��UZ 413Return Receipt for Return Receipt for Mt07 ? ❑❑ CD o c .Date of Delivery o 5.Received By:(Print Name)---- .Addressee's Address(Only d uested E and fee is Qald) c 6. _ Receipt n` PS _ --T-- - - -------- -- — --- o��r BARNSTAE= �. h� Town of Barnstaple MAS& 1639. �' Department of Health Safety and Environmental Services � so " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227- Ralph Crossen Fax: 508-790-6230 Building Commissioner May 1, 1995 Mr. Joseph Affanato 152 Pleasant Pines Avenue Centerville, MA 02632 Re: Building Permit No. 37643 152 Pleasant Pines Avenue, Centerville, MA Dear Mr. Affanato: As we discussed on Friday, April 28, 1995, the enclosed building permit(#37686)with the following restrictions replaces the above referenced building permit(#37643). Restrictions to Building Permit Number 37686: 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. f3. maximum. Accessory use of the rest . of the structure is permitted. Sincerely, Ralph M. Crossen Building Commissioner RMC/km } -OWN OF BARNSTABLE, MASSArMUSETTS "WIL®INGPERMkT A234.004.T00 DATE May 1 19 95 PERMIT NO. N.U 37686 APPLICANT Joseph C. Affanato ADDRESS 152 Pleasant ..nes Ave., Centerville, MA BUILD ACCESSORY (NO.) (STREET) ICONTR'S LICENSE'_ Accessory Use NUMBER OF PERMIT TO STRUCTURE (1) STORY 4 Months Per Year DWELLING UNITS N/A (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) 152 Pleasant Pines Avenue, Centerville, MA ZONING 0ISTR,ICT_ ";... :..;a..:... - INO.). (STREET) _ BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE t BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND.SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS, Sewage #94-399 AREAVOLU 0 ,616. square feet ESTIMATED COST y¢i 28,000'00 PERMIT 50.00 (CUBIC/SQUARE FEET) _ OWNER `« Joseph Affanato BUILDING T. AODREss 152 Pleasant Pines :Ave., Centerville, MA BY '0W SEE 'CONDITIONS AS STATED IN LETTER DATED MAY 1, 1995 'YPL1C-ANT-FR"OM-T1HF CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. !A!NI!.!UN! OF THREE CALL - -APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE !P SPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: - ELECTRICAL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT.BE OCCUPIED UNTIL MEMBERS(READY TO LATH).3. FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE. OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT- t BOARD OF HEALTH OTHER SITE PLAN REVIEW APPROVAL i WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT W!LL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITTEN CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. NOTIFICATION. V Ralph Crossen April 13, 1995 Building Inspector Town of Barnstable Hyannis, Mass. 02601 Re. 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 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 - 6UILDIP a DEFT. j APR 13 '1996 r C��zc:(c s uie �J rUc) F9,qJ A/,J 6) -T- l4A U'c-) bC--cfn( A A 7' I5,�- Fl F-Q-sNi•1- j i Ye-s Auer 7-4 P,4s i t -,4-gx ,l�ur�iivc t+,4-p s�� -l ����t��s �•,� MI L45 OUT tgA-cIC �Fa�g Since r(LJ� LXZl j OA-Se bc.Aqp lte-f7�S fl�IYO A CQAI Uv-v S-tt&)'- , k#/FOB ft/*6e w/s S A QM t -3f A-c�E Ail rJ Til e_ cth e E? t4A-1 S i-I- ab 7-q-f-;It Gr2s-r , r rt y YeA aj G(O /�=� car b2 -� V The T . .,,W. . Town of Barnstable '1659. ' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner May 1, 1995 Mr. Joseph Affanato 152 Pleasant Pines Avenue Centerville, MA 02632 'Re: Building Permit No. 37643 152 Pleasant Pines Avenue, Centerville,MA Dear Mr. Affanato: z we discussed on.-Friday, April 28, 1995, the enclosed building permit(#37686)with the following restrictions replaces the above referenced building permit(#37643). Restrictions to Building Permit Number 37686: 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. Sincerely, Ralph M. Crossen Building Commissioner RMC/km TOWN OF BARNSTABLE, MASSA��IUSETTS �. '" , _._ ... .. . A=234 00.4 `_'OU - - j �I DATE Jul,v 29, ig94 1,. PERMIT NO. NO. -36926 APPLICANT Joseph Gallan t"y. Afiana o ADDRESS L 1 UwoL Patn, 4J. armour 1 -I (NO.) (STREET) ICONT R'S UCE'•SE BER OF PERMIT TO Rebuild dwelling ( 1 ) STORY single family dwelling DDWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) 152 Pleasant Pines Avenue, Centerville ZONING ONIN RD 1 DISTR (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION _;..f BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTIC' TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) 4 REMARKS, Sewage #94-3999 AREA OR 616 S 32,000 PERMIT 44�� 50. 00 VOLUME Cj• f t. ESTIMATED COST S FEE J (CUSIC/SOUARE FEET) ! OWNER :Joseph Affanato �2/�- 152 Pleasant Pines Ave, Centerville BUILDING DEPT. ADDRESS BY 'zv Ct�rU I . Lc) - C" �-R w\ F .. y� -T- 1-4,4 VQ AJ -Ntvi4i,/-t 7` UvT ` Ald< , v�g 5/NQC T hje bze%l , 4Mis1�lq' T- A beD -the Q.tl '14-Q;e H;+o t��eAl 4 Qv--�-o i � r ccTIi C S�A-cle A AJ G"t/1�e I? 1 A y Tie �u4�� L Proposal Proposal No. FROM -- Sheet No. Date Proposal Submitted To Work To Be Performed At Name Street Street City State City Date of Plans State Architect Telephone Number We hereby propose to furnish all the materials and perform all the labor necessary for the completion of All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ 1. with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extro'charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by Respectfully submitted Per Note—This proposal may be withdrawn by us if not accepted within days ACCEPTANCE. OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are'authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature TOPS FORM 3450 ..Q LITHO IN U. S. A. . "�' Barnstable BAPMA = : he Town of ' 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 December 6, 1994 Attorney Edward W. Kirk 901 Main Street Osterville, MA 02655-0393 Re: Joseph-Affanato , 152 Pleasant Pines Avenue, Centerville, MA Dear Ed: After receiving your letter of November 30, 1994,Mr. Affanoto's builder came in to apply for the new building permit: This application of December 2, 1994 was pending a decision by me when, on December 6, 1994, work had proceeded in violation of the.Stop Work Order. I went out to the site with Town Attorney, Bob Smith, and found that all windows had been installed and the roof was finished. In addition, the tyvek was on and the building was tight. I was told that a former employee of the builder took it upon himself to do the work in hopes that Mr. Affanato would pay him. Aside from the fact that I had a hard time swallowing that one, I told the builder to send the man into see me and not to do anything more. I further told him to tape the tyvek, tack down the tar paper under the window r jambs and put a door handle and lock on the door. This is as far as I can go given the circumstances. If Mr. Affanato is concerned about the winter weather, assure him that what I told the builder to do would adequately protect the structure. . S Sincerely, Ralph M. Crossen Building Commissioner RMC/km �_ , :`> r a �IJ' Gam' � � _ . ti (�—� �M .� P 4 v . � � � � FROM PHONE NO. Sep. 15 1999 10:52AM P2 THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE DISTRICT ATTORNEY CAPE&ISLANDS DISTRICT PHILIP A ROLLINS z 3231 MAIN STREET DISTFUCT ATTORNEY P.O.BOX 455 BARNSTABLE,MA Q= (508)362-8113 BARNSTABLE PD/ PRIVATE To: Clerk' s Office Probation Department From: Office of the District Attorney 30SEPH ATFANATO Docket No. 9a-4222 Defendant Name_ Request Change of Date on Following Scheduled Late 116199 TTRequested Date 10/14/49 3T ~ Requested By defense befense Attorney Atty, Richard Schiffmanrfl Assented To By Y Polic6`Department 9/14199 f Sarah ' FROM PHONE NO. Sep. 15 1999 10:51AM P1 RICHARD F. SCHIFFMANN Counsellor At Law 3180 Main Street Barnstable, MA. 02630 P.O.Bei 165$a�rnstatde,MA 02630 'telephone:(5"3Q-5I95 EacaWW--(SW 3Q4786 FACSIMILE TRANSMITTAL AL COVER SHEET To: 722S Date: Firm: City: Facai idle No.: _�'7 . 12W? _ From: TOTAL NUMBER OF PAGES INCLUI?IN(1 ('(.-)VER SI1JEF,T: 111is facsimile is intended only for the use of the addressee named herin and may curtain legally.privileged and confidernial infemntiort. lryou are not the intended recipient of this facsimile,you are hereby notified that any dissemination.distribution or copying of thL4 facsi mlc i3 strictly prottibitcd. Fwthermore,if YcV have received this fecsimile in error,please immedtetely notify us by telephone,collect if necessary.and return the original facsimrte to us at the above address via the United States Postal Service. This office will reimburse any coots yem incur in n«tifvina ns and making return.Thank You. MESSAGE P_�------------------------------- --------____-- �----- _-�. .._ ------------------------------------____----------_ SEE TRANS M VITA L TO FOLLOW 7 J FROM PHONE NO. Sep. 13 1999 04:30PM P2 . t RICHARD F. SCHIFFMANN i Counsellor At Law 3180 Main Street Barnstable, MA. 02630 Y.O_Bux 165 Bua+table,NA,02630 7elephom;(SUN)362-5195 FnvaLnIIe:(sag)362-4786 (Via facsimile 508-778-2412) September 13, 1999 Mr. Jack Gillis Supervisor of Consumer Affairs 230 South Street P.O.Box 2430 Hyannis, MA 02601 Re: Torun of Barnstable/Joseph Affanato Dear Jack: Pursuant to our discussion earlier in the day and the fact that 1 have a conflict on the sixteenth of this month 1 have contacted the District attorney's office to reschedule the trail date. The new date is October 7, 1999. Thank you for your cooperation in this matter. I will be in touch with you shortly. Very truly yours, R chard F. Schiffmann, Att ey RFS/cw Cc/ja r FROM �. PHONE NO. Sep. 13 1999 04:30PM P1 r RICHARD F. SCHIFFMANN Counsellor At Law 3180 Main Street Barnstable, MA. 02630 P.o.Bor I65IIarnata6le,iV1A.02Gf0 � I�t*Mpae:(508)3dZ-5195 Fackm9t;(5M 3Q4786 FACSIMILE TRANSMI'1'1-Al, COVF,R S11EE I' To: (e FEES Uate: /� //pper� Firm: city: Facsimile No. From: TOTAL NUMBER OF PAGES INCLUDING COVER SHIFT: _ This iltcaimile is intended only rot the use of the addressee named herin and may contain regally.privileged and confidefW inrormadon. l f you are not the intended recipient orthis rscsitttile,Y(m are hereby notified that any 483etination,disWbudan or copying of this f itcsim$e is strictly prohibited. Ftrrthemtate,if you have received this Facsimile in error,please immediately notify us by telephone,collect if necessary,and return the originw facsimile to us at the above address via the United States pc:<taf Service. Phis otSee will reimburse any coats you incur in nntifvinR six and msfdrrt ietuen.'rhank Vcm. MESSAGE w--_ ----------------- --------------wMwww__w-�• - w----- ----r----_--.ww_w____-`-•-__--__wr-�w_r-_w_ SF,F 'I'RAI�StiII'l�i'AI,'I't) FOLLOW IL _ . 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 JT Requested Date 10/14/99 JT -� Requested By defense Assented To By: Defense Attorney Atty. Richard Schiffman ' Police Department 9/14/99 Sarah BAPD I P VT To: Clerk ' s Office Probation Department From: Office of the District Attorney Defendant Name Joseph Affanato Docket No. 99-4222 Request Change of Date on Following Scheduled Date 12/2 PTH V . Requested Date 12/3 PTH fi� �' Requested By Defense NOV 171999 TOWN OF BARNSTABLE Assented To By: Defense Attorney John Markey WEIGHTS AND ►`MEASURES Police Department amk per MPJ �Si,E The Town of Barnstable snxxsrnBi.E. • 9� MAS& �m 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 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 1994. (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. I issued a new permit on 5/l/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 p r .4N IfV : pffanato told me on an unannounced visit that he was not living in the rear,but his tenants friends stay therefrom time to time. - jmspechon on that unannounced visit revealed the proposed office in the cottage was in fact a QR ,,Rntlt'a Bugle bed with bedding messed up as if it had just been slept in. Also,the bathroom shower & of soapxtbat was 1/3 of its original size indicating continued use. Mr.Affanato claimed he lives in a rmKtl►emain°house. � 1q/2/gg Mr.Affanato said he never wrote an affidavit agreeing to the restrictions in the cottage and would n agree to:them. (enclosure 7) 1t 1s'obvI'ous that the use of that rear cottage as a dwelling of more than 298 sq.ft.without an office is in 4violarion of 780 CMR Chapter 1,Section 118.1, 118.2,and 118.4. (enclosure 11) � 16 £It is:fitrther clear that using the structure in a manner the Zoning Board denied is a violation of local zoning. -r���"`at 17 For the above reasons,we feel the structure should be gutted and used as a shed or similar accessory use.With ��,W -j*-- Affanato resisting cooperation,we seek the court's assistance. (enclosure 12) �a Ralph M.Crossen Building Commissioner November 4, 1998 yr. 2 DR-4ETZ LAW OFFICES 5087750992 P. 01 card of Appeals 1, n and Notice Appeal plumber 1994-116 u the continuation of the hearing on Febtvary 15, 1995,the Board noted that the applicant's e has submitted additional information but that the hearing was closed to testimOny other ' that requested 8ottt the staff The Board derrrmiaed 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 strurm=the new structure is larger as far as bulk. He noted that the new straa=is considerably 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 story in which a loft is In consideration for staff research in to the Assessor's Records.it was determined that a one garage was originally added to the property in 1964. In 1972,a visual assessltteOt of the property reviled that the one car garage had increase in size and was 22 feet by 22 feet,one area(352 sgJQ was the garage,and along side of that area 298 sq.tt cons darted,the"cottage"structure. The building was not heated The Board reviewed affidavits submitted and decided that this information was consistent with the affidavit submitted by John Joalam,Jr.who owned and resided on the property at this time. Findings: At the hearing of February 15, 1995,the Board unanimously made the following findings of fact as related to Appeal I994-116,an appeal of the Building Commissioner's Cease&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 lot 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 structures were permitted under zoning at that time,provided that the use be customary and incidental to the primary use for single family. 5. 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 and zoning. The accessory use being made of this sirnct re was an extension of the primacy use,the single family dwelling as evidenced by the testinamy that no kitchen,no hard. water lines,no Cesspool and no heat was provided for in this sunchirt: 1 7. The Assessor's Records from 1972 do not note this accessory structure as a separate T derltial 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 Gait Nightingale Nay: Nay k Order. The Cease&Desist Order of the Building Commissioner hag been Upheld. Appeals of this decision, if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 4oA.. Section 17, within twenty0 days after the date of the filing of this decision in the office of the Town Cleric. Ta (2 ) J's g �x ightingale, Date tigned n'2/'1n/nc Twit �r.nn r-rviov %Tr% cnnn1 rAnnl r9 a p f r p"HEN".E CQ.LL !FOR i PHOi•JE� I �rJc�J 1�it�J L O ll EXTENSION Ess i 7LC Gi\AED nivcrcm., 4Eo'-- WE The Town of Barnstable HARDWAZIA Department of Health , Safety and Environmental Services EOMo't°i 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 1994. (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. I 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 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 tothe 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 may.. TOWN OF BARNSTABLE;MASSACHUSETTS A=234 004 T00 J DATE July 29, 94 P MIT N.0 36�92f APPLICANT Joseph Gallant-J. Af ana o ADDRESSim i'idw oa Pa , 4�. armouL 1 (NO.) (STREET) (CONTR'S LICENSE) PERMIT TO Rebuild dwelling 1 sing le -famil1 g dwellin NUMBER OF (_) STORY. DWELLING UNITS (TYPE Of IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) 152 Pleasant Pines .Avenue, Centerville ZONING RD 1 DISTRICT— (N0.) (STREET) - I BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION L0T BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTICN TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: _Sewage #94-3999 AREA OR VOLUME 616 sq. ft. 32,000 PERMIT 50. 00 ESTIMATED COST $ FEE (CUBIC/SQUARE FEET) OWNER Joseph Affanato ADDRESS 152 Pleasant Pines Ave, Centerville BUILDING DEPT. BY 1 . r,7610Svrc- The Town of Barnstable • �u►xxsres�. • 16.19KAM. $ 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 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, , 7- � Alfred E.Martin Building Inspector AEM/gr Certified mail: P 015 492 420 R.R.R. f tivcdl Ai. 97 �9 _S7 3fj .}�?F •7-try. ., ..- �..:. .�.. .. � ._.. _ .... -.,� . ... �............. ... '�II L�'�_.':Q:.♦ �� _V�. -;'�� ....,:�ti. ..fir ' Vf- u}.LL- _yl� T:I;�,(:Sf�t,!' t �.r: 59( tJ2'• a::ibtici29''r �_Jn io-I +i _-, : .'?:•i71:'.:�?%l•- •:.C� In �` ?' •i - ' to EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE - 901 MAIN STREET OF COUNSEL OSTERVILLE.MASSACHUSETTS 026SS•0393 P. O. BOX 393 RICHARD C.ANDERSON (508)428-41 1 1 Building Inspector November 30, 1994 Town of Barnstable Town Hall Hyannis, Mass. 02601 TOWN OFBARNSTA6LE Attn:Ralph Crossen BUILDING DEPT. D Ago f to Re:Joseph Affanato 152 Pleasant Pines Ave. L �5 Centerville, Mass. Dear Ralph: . 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 . h Ralph Crossen November 30, 1994 page two The submission of an amended application at this time is stri:tly 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. Kir EWK/se BARNSTABLE PAGE 8 d V� 3 rMp yr3Q' w >� ip .y• 9 .� p 14 1- w rti •?o.'. tiot p �J ® ZI Z All 5 10 va ♦ �sQG, o ♦ �~ �M�c� d9 � ^ o O t ��Z3 -L`^�^e� � 3 �� fIr ✓ � OJ j 2� ^ V w'� C ' E = Z 4 fi 30 fggl Gq i 31P9 _ RIOT! « 9J r � 4 CR t i ygRREt15 A 7O ` 4to1`� O • G�bl� o PorID' o�t� Goy® ° �w4�w 21b c s s VC raoco •n qo io tA �r 6 16* �o'� � �`9.GAP to Jro�e�rY • 4,- �, 0 p c y� � • bq J' P — 0 oNKIO Ito C~99PFC D s C, 36f wkoouJo 02 41- LA it Q S: o ;� 'R2 ea e •o fp0 t" rt c 3 �rprnn's f`•�a"' rJ z i is k Z 8 , y Caz s,WMl + `P�FJ1E� 1640 ����., wg77�i�A YO OLD pOUTE /32o fly 2 �Yi V^r 1P 4p A° �q►f r yR i }F S V� ��♦yd c. CN(q4o p �EQUAQUET BEARSE 3 orsR Boa S�RtIOW .. q �i'".•. SAKE 2 _ :o:. Poop .. d�+_ � .�' � � PoND t� / j t ., ♦'o ♦� y i EWAVIA 15 r TOWN OF BARNSTABLE, MASSACHUSET-" BUILD, NG FIERM11 A234.004.T00 ✓ Mat 1 DATE 19 95 PE ff NO. NQ 37686 APPLICANT Joseph C. Affanato ADDRESS 152 Pleasant Pines Ave. , Centerville, MA BUILD ACCESSORY (NO•) (STREET) (CONTR'S LICENSE) tccessOry Use NUMBER OF PERMIT TO STRUCTURE (1) STORY [4} Months Per Year N/A (TYPE OF IMPROVEMENT) NO. DWELLING UNITS (PROPOSED USE) AT (LOCATION) 152 Pleasant Pines Avenue Centerville MA ZONING (NO.) (STREET) DISTRICT_ BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION LOT LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN•HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #94-399 AREA OR VOLUME 616 square feet 28,000.00 PERMIT ESTIMATED COST FEE $ 50.00 ' (CUBIC/SQUARE IFFY) OWNER _ Joseph Affanato ADDRESS 152 Pleasant Pines Ave. Centerville MA BUILDING r. BY SE. "ONDITIONS AS STATED IN LETTER DATED MAY 1, 1995 �Tf1E Tq� - � _ The ' BARTM „�. : Town ®f Barnstable ,39. Department of Health Safety and Environmental Services Building Division 367 Main street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner May 1, 1995 Mr. Joseph Affanato 152 Pleasant Pines Avenue Centerville,MA 02632 Re: Building Permit No. 37643 152 Pleasant Pines Avenue, Centerville,MA Dear Mr. Affanato: °z we discussed on Friday, April 28, 1995, the enclosed building permit(#37686)with the following restrictions replaces the above referenced building permit(#37643). Restrictions to Building Permit Number 37686: I• 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. Sincerely, . Ralph M. Crossen Building Commissioner RMC/km r Ralph Crossen April 13, 1995 Building Inspector Town of Barnstable. Hyannis, Mass. 02601 Re: 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. r Despite that fact and the expense involved, I agree to reduce the height of the roof line. 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 DEPT. -A AN 13 ,19 95, DP 4ETZ LAW OFFICES M087750992 P_ 06 Z1 Town of Barnstable Zoning Board of Appeals t' V ' CL."P1< Decision and Notice Appea/Number 1994-116--Affanato �? 28 P? 27 Appeal of an Administrative Decision A TRU=COPY ATTEST Appeal No. 1994-116 Upheld n AppIicurrt/Ownet: Joseph Affanato Address: C/O Edward W.Kirk,Esq., P.O.Box 393,Ostervill , I Property Location: 152 Pleasant Pine Road,Centerville,MA, Town Clerk Assessor's Map/Parcel 234-004 TOO 0.50 acres total BARNSTABLE Zoning: RD-1 -Residential D-1 District and RF-Residential F Diia-ict. Administrative Appeal: Building Commissioner's Cease&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 panel has 0.50 and contains a 1,506 gross sq. fl,floor area (GFA)single family dwelling with three bedrooms and two baths,built in 1950. The records also indicate presence of a detached garage(12&by 22 it.)and a"shed"(10&by`22 it). 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 descried by the applicant's attorney as "the building-in the letter to Town Officials 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 Board members heard the appeal;Robert Thorne,Elizabeth Nilsson,Emmett Glynn,Ron Janson and Chauman Gail Nightingale. At the opening of the hearing,a letter 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 Me 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 exectued. 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 i continuance of this appeal,the Board Chairman also opened two other appeals from the applicant for the same locus. There 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 reconstituted its members for hearing of the appeals. The following Board 03/30/95 THU 14:56 fTX/RX NO 51991 01006 DF ' 4ETZ LAW OFFICES 5087750992 P. 07 Zoning Board of Appeals Number 1994-116 Decision and Notice Appeal Gene Burman,Tom DeRierner,gmrnett-Glynn,Ron]ansson and Chairman Members heard the appeal' to hear all three cases tage�- Gall Nightingale. The Board and Attoracy Kirk agreed Attorney Kirk dista'bmed a memorandum to the Board entitled"Memorandum of Joseph Affanato in Support of[Appeal] 1994-116,Appeal from stop Work Order, 1995.1171171 Request for permit with rcgx t to a Non-Conforming Use,land) 1995.1I8 I'S'Application for Spy 1'ernut For Family to the file. Photos weer;also submitted to the Board Apartsnen A copy.of- f which was also submittedand similar a�saYy strnctu:zs within the neighborhood. Attorney Kirk stated showing this structure that a number of accessory structures were being used as residential dwellings in the local vicinity and that some of those structures are also rented or leased ftaquently- for this Particular suucmre as a bmily aparanert,Mr- Affanato is Socking a limited "deration p have the With wns he would like to use for himself and his son. He,has leased his own house out and for privacy system is sufficient as it has received a sign off from the Board of Health. family apartment. The septic With respect to the Building Inspector's stop work order,the affidavits speak to the history of the bttiiding In 1958 the addition to the garage was made into living quarters for a friend of the family.The permit flected was issued as accessory and was a lawful use. The a�or3' in the tax bills. A non-conforming use may eontisme with the same footprint and for tits same purpose and with no changes if it would have no impact to the neighborhood. Therefore the stop work order should be lifted or a special permit ordered for the non-conforming use- felt his ems were in jrtxtapositiOn with the zoning ordinance regarding the The Board,huv, v , aim prohibition of having two residential structures on one lot in a residential district Sections 2 3.6 (1)and 2.3.8 both R ifs that only one principal permitted use building is allowed within all residential districts- The applicant additionallyhas not been able to meet the tzgniternents of a family apartment. The Board tin that the-cottage"was built in 1971 however no building John Joaid Jr,stating . noted the affidavit from Jo ni, g Permits for that construction were on file. The Board cited that this is when it appears the legal usage of the building as acccssory was brow. Italph Crosser,Building Commissioner added that on 7uly 25, 1994 Mr. Aflanato submitted a sketch plan feet and with dontmentatian regarding the building- He seems to have added to the footprint by square increased the height replacing an existing cottage previously non-conforming into a Vecsfi c dwelling. The Board commented that the original nature of the use as a seasonal cottage,(no beat)could,at best, have only been a temporary residents. If that.use was legally established,the plans today definitely eatpauded it and no permits have been issued to allow for that expansion. Public Continent was requested and Mr.Affanato and the builder Ioseph Gallant spoke in favor of the He cited that appeals. In opposition,Judge Joseph Reardon spoke an the issue of expansion. owl er was ,ea:nt had L+M muted and the structure enclosed. Work had Confirmed after the stop t rued.. He contended that the residential use of the accessory building,is acga.v cswb tcheci;had been abandoned for noel--nsc. Further,the zoning ordinance says you cannot have two houses on one lot. He expressed the use of this accessory structure as a second residemu on a lot would be very detrimental to the neighborhood. At the end of the hearing of February 1, 1995,the Board determined to close the hearing for public in department to investigate the Assessor's records as it relates testimony and requested staff of the plann to ibis lot and the establishment of a second building on it,and site inspection from the Building Commissioner. The Board determined to continue this case to February 15, 1995 for a decision- 2 03/30/95 THU 14:56 [T%/R% NO 51991 0 007 DP-4ETZ LAW OFFICES 5087750992 P. 01 Zoning Board of Appeals f• �eeision and Notice Appeal Numher 1994-116 t 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 Iegttested 8nm the staff. The Board de xMined it would not accept the new information_ The Building Commissioner viewed the constr cation that has taken place to date. He noted that in contpanson to previous photographs of the stncture,the new structure is larger as far as bulk He noted that the new Mac=is considerably law in terms of both area and height and would certainly constitute a second dwelling. It is to be heated for year mend use with a second story in which a loft is proposed- in consideration for staff research in to the Assessor's Records,it was determined that a one garage was originally added to the property in 1964. In 1972,a visual asses==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 298 sq.tt constituted the"cottage"structure. The building was not heated. The Board reviewed affidavits submitted and decided that this indormation was consistent with the affidavit submitted by John Joakim,Jr.who owned and resided on the property at this time. Findings: At the hearing of February 15, 1993,the Board unanimously trade the fallowing findings of fact as related to Appeal I994-116,an appeal of the Building Commissioner's Cease&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 lot 3. According to the Assessor's Records,an awry 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 tot. Accessory uses and structures were permitted under zoning at that time,provided that the use be customary and incidental to the primary use for single family. 5. 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 on this lot during this time period was not an allowable use under zoning. The accessory use being made of this sanctum was an extension'of the primary use,the single family dwelling as evidenced by the=dmoity that no kitchen,no hard water lines,no cesspool and no heat was provided for in this stmcmTe 7. The Assessor's Records from 1972 do not note this accessory structure as a separate residential unit. Motion: In accordance with.the findings,a motion vas made by Ron Janson and seconded by Bromett Glynn to sustain and uphold the Building'Commissioner in Appeal 1994-116. The vote was as follows: Aye: Gene Burman,Tom DeRiemer,Emmett Glynn,Ran Jansson 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 office of the Town Clerk ightingale, Datetigned 03/30/95 THU 15:02 rTX/RX NO 52001 01001 nRANETZ LAW OFFICES 5087750992 P. 01 Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 I Linda Leppanen,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)•days have clapsed since the Zoning Board of Appeals Sled this decision and that no appeal of the derision has been filed in the office of the Taiwrn Cleric. Signed and sealed this day of 19 under the pains and penalties of petjuzy. Linda Lcppanen,Town Clerk 4 a 03/30/95 THU 15:05 [T%/R% NO 52011 1a 001 780 Clvgt STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSEITS STATE BUILDING CODE 116A2 Fee and coats: All fees and costs related violations until the lapse of 30 days afro the to the performance of on-site project ism,aaoe of the written notice of violatim repr+ese-w-tion shall be borne by the owner. 1185 Abatement of violation: The imposition of 116.S Building official responsibility. Nothing the penalties herds prescribed shall not preclude the oontamed in 780 CAdR 116.0 shall have the effect of legal officer of the.jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to acumination of or to remain, correct or abate a violation, or to w. of a sera m or the contract documents, taeudmg pleas. p�rhvemt egal ooarph�ry building, cotap nations and specifications, and field premises or to stop an illegal ill act,wnduct,business iatipections(see 780 CUR 106.0).' or ocanpmrcy of a building or sn ucrrme on or about any _ . 780 CMR 117.0 WORIQKANsBMP 117.1 General: All work shall be conducted, 118.E Notice or orders, service and content Every notice or order authorized by 780 CMR shall installed and completed in a workmanlike and be in writing and shall be served on the person 'Y:° acceptable mamma so as to scarce the results intended by 780 CAL responsi 1, personally,by any person authorized by the 780 C dR 118,0 VIOLATIONS building official;or 2. by any person authorized to save civil 118.1 Unlawful sett: It shaIl be ualaafitl for any pt by leaving a copy of the order or notice at person,firm or corporation to use,occupy or change the responsible patty's last and usual place of the use or ampmV of any buil&V or sauctw a or abode;or to erect, oonsuuM 31ter, c=d, repair, move. 3. by sending the party responsibile a copy of the demolish any bzdl&rg or sau Men or any equipment order by registered or ce rued mail return receipt regulated by 780 09v or cause same to be done,in requested,if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4. if the responsibile patty's last and usual place of 780 Ma: of abode is unknown by posting a copy of this order or notice in a conspicuous place on or about 1182 Notice of vial2tion:The building official shall the pwnim is violation and by publishing it for serve a ratite of violation or order on the person at least three out of five consecutive days in one responsible for the erection,construction,ahetadon. or more newspapers of general circulation cumon repair,removal,demolition or occupancy wherem the buddmg or premises affected is of a building or srrucuwe in violation of the situated provisions of 780 CNIIR. or in violation of a detail statenen or a plan approved thaamder, or in.. 780 CMR 1VA SWP WORK ORDER violation of a permit or catificate issued under the 119.1 Notice to owner. Upon notice from the provisions of 780 CIvIIt. Such order sliaIl be is ��g �� that work on building writing and shall direct the discontinuance of the g or illegal anion or condition and the abatement of the ovau r is being prosecuted contrary to the Violation. provisions of 780 CMR or in an unsafe and danymus manic or contrary to the- approved 11U Prosecution of violation: If the notice of BOA documents submitted in support ofthe violation is not complied with in the time period building Permit application, such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be official mry institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain.. eomxt or abate such �'D�involved,or to the awna's agent,or to the person doing the work and shall state the conditions violation or to require the removal or termination of the unlawful occupancy of the building or structure under winch work will be permitted to resurhe. in violation of the provisions of 780 CMR or of the 1192 Unh wfd continuance:Any person who shall order or&ection made pursuant thaeto. continue any wont in or about the building or 118.4 Vacation penalties: Whoever violates anysovewe aft having been served with a stop work order, provision of 780 CIuII&ea oept say speciahxed code �t such work as that person is directed to rdereaoed herein, shall be punishable by a lice of perform to remove a violation or unsafe condition, act more than 51,000 or by itaprisorrmaa for not shall be liable to a fine of not more than 51.000 or by impd=m =for not more than one year,or both , more than one you.or both for each such violation, for each such violation. Each day during which a ):etch day during chitin a viohmtion cam shall violation cdsts shall constitute a separate offense. corhzflmne a separate offense. The bholding official shall act begin aimmal prosecution for such 26 780 CMR-Smith E&m 2n/97 (Effective 2/28/97) �{ f MGLA 143 § 94, Powers and duties Page 1 *42208 M.G.L.A. 143 §94 shall be collected and retained by the city or town conducting such inspections. MASSACHUSETTS GENERAL LAWS ANNOTATED Such rules and regulations, together with any PART I. ADMINISTRATION OF penalties for the violation thereof, as hereinafter THE GOVERNMENT provided, shall comprise and be collectively TITLE XX. PUBLIC SAFETY AND known as the state building code. GOOD ORDER CHAPTER 143. INSPECTION AND Lexists er violates any provision of the state code, except any specialized code as REGULATION OF,AND LICENSES in section ninety-six, shall be FOR, BUILDINGS,ELEVATORS by a fine of not more than one AND CINEMATOGRAPHS dollars or by imprisonment for not STATE BOARD OF BUILDING an one year, or both, for each such REGULATIONS AND STANDARDS . Each day during which a violation all constitute a separate offense. Current through 19991stAnnual Sess., Ch. 26 apv. 6/28/1999 (b) To subpoena witnesses, take testimony, compel production of books and records and to § 94. Powers and duties hold public hearings. The board may designate one or more of its members to hold special The board shall have the following powers and public hearings and report on such hearings to duties: the board. (a) To formulate, propose, adopt and amend *42209 (c) To make a continuing study of the rules and regulations relating to (i) the operation of the state building code, and other construction, reconstruction, alteration, repair, laws relating to the construction of buildings to demolition, removal, inspection, issuance and ascertain their effect upon the cost of building revocation of permits or licenses, installation of construction and the effectiveness of their equipment, classification and definition of any provisions for health, safety, energy building or structure and use or occupancy of all conservation and security. buildings and structures and parts thereof or classes of buildings and structures and parts (d) To recommend or require tests and thereof, except bridges and appurtenant approvals and specify criteria and conditions, of supporting structures which have been or are to materials, devices, and methods of construction, be constructed by or are under the custody and either upon the initiative of the board or at the control of the department of highways, the request of any interested person including, but Massachusetts Turnpike Authority, the not limited to, a manufacturer, builder, architect, Massachusetts Bay Transportation Authority, engineer, inspector of buildings or building the metropolitan district commission or the commissioner or local or state inspector, in Massachusetts Port Authority or for which said order to ascertain the acceptability of said agencies have maintenance responsibility; (ii) materials, devices and methods under the the rehabilitation and maintenance of existing requirements of the state building code. The buildings; (iii)the standards or requirements for board shall issue certification of such materials to be used in connection therewith, acceptability, which certification shall - be including but not limited to provisions for binding on all cities and towns. safety, ingress and egress, energy conservation, and sanitary conditions; (iv) the establishment (e) To review, on its own initiative or on the of reasonable fees for inspections, which fees application of any inspector of buildings or Copyright(c)West Group 1999 No claim to original U.S. Govt. works MGLA 143 § 94, Powers and duties Page 2 building commissioner or of any local or state requirements. inspector, any interpretation under the state building code, and to reverse, modify or annul, *42210 (1) To prepare courses of instruction or in whole or in part, such interpretations except approve courses of instruction offered by others with respect to the specialized codes as defined for training persons for certification as in section ninety-six. inspectors of buildings, building commissioners or local inspectors. (f) To establish an advisory board to be known as the technical code council, to assist in and CREDIT(S) make recommendations relative to formulation, promulgation and administration of the state 1991 Main Volume building code. Said council shall be convened regularly by the chief of inspections and shall Added by St.1984, c. 348, I o. establish its own rules for the conduct of its 1999 Electronic Update business. Said council shall include a representative from each state department, Amended by St.1991, c. 552, §93; St.1992, c. 168, §2. commission, agency, board, or division concerned with the state building code, <General Materials (GM) - References, including specialized codes referred to in section Annotations, or Tables> ninety-six, and such other members as may be determined by the board. HISTORICAL NOTES (g)To formulate administrative procedures and HISTORICAL AND STATUTORY NOTES promulgate rules and regulations necessary to 1999 Electronic Update administer and enforce the state building code. 1991 Legislation (h) To revise and amend the state building code exclusive of the specialized codes referred St.1991, c. 552, § 93, approved Jan. 9, 1992, in par. (a), to in section ninety-six, at least once every five in cl. (i), substituted "department of highways" for years, and to send a copy of such revisions or "department of public works". amendments to each inspector of buildings or 1992 Legislation building commissioner in every city or town and to each state inspector. St.1992,c. 168, §2,approved Aug. 14, 1992,added pars. (k)and(1). (i) To issue licenses to individuals engaged as 1991 Main Volume construction supervisors. Fees for such licenses shall be collected and retained by the Prior Laws: commonwealth. G.L.c.23B,§ 17,as added by St.1972,c.802,§ 1. St.1973,c. 1233,§§ 1,2. (j) To designate and retain, where advisable, St.1979,c.541,§3. St.1979,c.617,§ 1. certain qualified third party agents to perform screening, testing, or technical services to the REFERENCES board to carry out its mandates. CROSS REFERENCES (k) To develop requirements and promulgate regulations for the certification of inspectors of Architectural access board, violation of rules and buildings, building commissioners and local regulations subject to this section,see c.22,§ 13A. Construction supervisors, effect of c. 142A, regulating inspectors pursuant to section three and to issue home improvement contractors, on licensees under a certificate to individuals who meet said this section,see c. 142A,§21. Copyright(c)West Group 1999 No claim to original U.S. Govt. works MGLA 143 § 94, Powers and duties Page 3 Production of documents,etc.,in civil actions,see R.Civ.P. Rule 34. ANNOTATIONS LIBRARY REFERENCES NOTES OF DECISIONS 1991 Main Volume Violations of building code 1 Health and Environment G-6. 1.Violations of building code WESTLAW Topic No. 199. C.J.S.Health and Environment§ 13. Criminal prosecution for misdemeanor violations of state Texts and Treatises building code was authorized. Com. v. Porrazzo (1987) 516 N.E.2d 1182,25 Mass.App.Ct. 169,review denied 519 8 Mass Jur,Property§§25:458,461,492. N.E.2d 595,401 Mass. 1104. Copyright(c) West Group 1999 No claim to original U.S. Govt. works 104,17 rn �� I SlC �✓t1y ��;lj t� 5ecu� 5 ��� ���!� �o �t'� ���►�►5. L-A N Rew Q(t Frovtj PIGr4S ��y ai�llns %Z'e d ec"ti( 36see� �. 65llsn � 13 • i SECTION 3 DISTRICT REGULATIONS 3-1 Residential Districts 3-1 1 RB RD-1 and RF-2 Residential Districts 1) Principal Permitted Uses : The following uses are permitted in the RB, RD-1 and RF-2 Districts : A) Single-family residential dwelling (detached) . 2) Accessory Uses : The following uses are permitted as accessory uses in the RB, RD-1 and RF-2 Districts : A) Renting of rooms for not more than three (3 ) non-family members by the family residing in a single-family dwelling. B) Keeping, stabling and maintenance of horses subject to the following: a) Horses are not kept for economic gain. b) A minimum of twenty-one thousand, seven hundred eighty (21, 780) sq. ft . of lot area is provided, except that an additional ten thousand, eight hundre., ninety (10 , 890) sq. ft . of lot area for each horse in excess of two (2) shall be provided. c) All State and local health regulations are complied with. d) Adequate fencing is installed and maintained to contain the horses within the property, except that the use of barbed wire is prohibited. e) All structures, including riding rings and fences to contain horses, conform to fifty percent (50%) of the setback requirements of the district in which located. f) No temporary buildings, tents, trailers or packing crates are used. g) The area is landscaped to harmonize with the character of the neighborhood. h) The land is maintained so as not to create a nuisance . G`tG IG" yr • 14 i') No outside artificial lighting is used beyond that normally used in residential districts . 3) Conditional Uses : The following uses are permitted as conditional uses in the RB, RD-1 and RF-2 Districts, provided a Special Permit is first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3 . 3 herein and the specific standards for such conditional uses as required in this section: A) Renting of rooms to no more than six (6) lodgers in one (1) multiple-unit dwelling. B) Public or private regulation golf courses subject to the following: a) A minimum length of one thousand (1, 000) yards is provided for a nine (9) hole course and two thousand (2, 000) yards for an eighteen . (18) hole course . b) No accessory buildings are located on the premises except those for storage of golf course maintenance equipment and materials, golf carts, a pro shop for the sale of golf related articles, rest rooms, shower facilities and locker rooms . C) Keeping, stabling and maintenance of horses in excess of the density provisions of Section 3-1 . 1 (2) (B) (b) herein, either on the same or adjacent lot as the principal building to which such use is accessory. D) Family Apartment subject to the following: a) Not more than one (1) family apartment is provided. b) The family apartment is within or attached to an existing residential structure or within an existing building located on the same lot as said residential structure. c) The residential character of the area is retained as nearly as possible. d) The family apartment contains not more than fifty percent (500) of the square footage of the existing residential structure if being proposed as an addition thereto. e) All. setback requirements of the zoning district Within which the family apartment is being located are complied with. • 15 i f) The property owner resides on the same lot as the ; family apartment . g) The family apartment is occupied. by members .of the property owner' s family only. h) The occupancy of the family apartment does not exceed two. (2) family members at any one time. i) The family apartment is the primary year-round residence of the family member (s) residing therein. j ) The family apartment will not be sublet or subleased by either the owner or family member (s) at any time . k) Scaled plans of any proposed remodeling or addition to accommodate the family apartment have been submitted by the property owner or his or her agent to the Building Commissioner and the Zoning Board of Appeals . 1) Prior to occupancy of the family apartment, affidavits reciting the names and family relationship among the parties seeking approval have been signed and shall be signed annually thereafter for the duration of such occupancy. t m) Prior to occupancy of the family apartment, an occupancy permit shall be obtained from the Building Commissioner. n) No such occupancy permit shall be issued until the Building Commissioner has made a final inspection of the proposed family apartment . o) Within sixty (60) days from the date authorized family members vacate the family apartment, the owner or his or her agent shall remove any kitchen facilities in such unit and notify the Building Commissioner to inspect the premises . p) In addition to the provisions of Section 3- 1 . 1 (3 ) (D) (o) above, upon vacation of any family apartment, the premises shall be restored as nearly as possible to their state prior to the creation of such family apartment . q) The Building Commissioner shall have the right to further inspect the premises upon which a family apartment has been vacated at least three (3) times _�� per year -for three (3) years consecutive from the time of such vacation. E) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as a accessory use . F) Bed and Breakfast Intent : It is the intent of this section to allow Bed and Breakfast operations in larger older homes to provide an adaptive reuse for these structures and in so doing, encourage the maintenance and enhancement of older buildings which are part of the , community character. This use will also create low intensity accommodations for tourist and visitors and enhance the economic climate of the town. By requiring that the operation is owner occupied and managed, the town seeks to ensure that the use will be properly managed and well maintained. Bed and Breakfast, subject to the following conditions : a) The Bed and Breakfast operation shall be located within an existing, owner-occupied single family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December 1, 1996 . b) No more than three (3) bedrooms shall be rented for Bed and Breakfast to a total of six guests at any one time . For the purpose of this section, children under the age of (twelve) 12 years shall not be considered in the total number of guests . c) No cooking facilities including but not limited to stoves, microwave ovens, toaster ovens and hot plates shall be available to guests, and no meals except breakfast shall be served to guests . d) The owner of the property shall be responsible for the operation of the property and shall be resident when the Bed and Breakfast is in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and chat the owner is resident all times that the Bed and Breakfast is being operated. If the affidavit is not filed, the operation shall cease -forthwith and any Special Permit issued shall be considered null and void. The 17 requirement for filing of an affidavit shall not apply to Bed and Breakfast operations legally established prior October 1, 1996 e) The single family residence in which the Bed and . Breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of a single-family residence . f) If the property is not served by public water, the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have -any detrimental impact on any private water supply on-site or off-site . g) No parking shall be located in any required building yard setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five feet in height . Parking areas may be permitted in front of the house, not within the required building front yard setback, provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking provided these are maintained with a grass ground cover in good condition. h) The Special Permit for the Bed and Breakfast Conditional` Use operation shall be issued to the owner only and is not transferable to a subsequent property owner. This provision shall only apply to Bed and Brea kfastR Conditional Use operations established in esidential Districts . (Added on Feb. 20, 1997 by a 9 Yes 2 No vote of the Barnstable Town Council) 4) . Special Permit Uses : The following uses are permitted as special permit uses in .the RB, RD-1 and RF-2 Districts, provided a Special Permit is first obtained from the Planning Board: A) Open Space Residential Developments subject to the provisions of Section 3-1. 7 herein. 5) Bulk Regulations : ZONING MIN.LOT MIN.LOT MIN.LOT MINIMUM YARD MAXIMUM BLDG. DISTS . AREA FRONTAGE WIDTH SETBACKS IN FT. HEIGHT IN FT. SQ. FT. IN FT. IN FT. --------------- , FRONT SIDE REAR - 18 RB 43560 20 100 20 # 10 10 30 * RD-1 43560 20 125 30 # 10 10 30 * RF-2 43560 20 150 30 V. 15 i5 30 * * Or two and one-half (2-1/2) stories whichever is lesser. # 100 Ft . along Routes 28 and 132 . i