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C O P Y
(original delivered to Elliot MacSwan Sept 282 1982)
September 28, 1982 fir✓
Mr. Elliot B. MacSwan, Chairman
Barnstable Historic District Committee
Old King's Highway Regional Historic District
2160 Main Street
West Barnstable, Mass. 02668
Dear Mr. MacSwan:
This is with reference to my property at 10 Aunt
Hatch Lane, West Barnstable, Mass. , from which the building
was removed this summer without authorization from your
Committee.
When this was done, I was holding a permit from
the Building Inspector to raze the building which I miscon-
strued as meaning that no additional authorization was re-
quired from any other department or Committee. I have since
learned that a specific authorization, after hearing, was
necessary from your Committee before such removal might be
done, and I regret my error.
While it has no bearing upon my action, I did learn
later that the entire building was so affected by termites
that it could not have withstood removal and relocation in
any event.
To indicate my continued support of the purpose
and activities of your Committee, I agree that if the Planning
Board of Barnstable approves a-plan of subdivision of my land
along Aunt Hatch Lane, I will impose a restriction upon a lot
requiring the construction of a building of authentic Colonial
design on such lot., or move an antique building onto such lot.
Yours very truly,
/s/ Catherine C. Trowbridge
Catherine C. Trowbridge
f •
221 N. Norris Avenue
Tucson AZ 85719
August 9, 1982
Town of Barnstable
Assessor's Office
367 Main Street
Hyannis MA 02601
Dear Sirs,
Since it is difficult for me to acquire an abatement form, I am
writing you in regard to your answer dated April 15, 1982 of "taking
no action on an abatement for Fiscal year 1982" which ended June 30, 1982.
My request was for an abatement on the building only(house, #10
Aunt Hatch Lane) valued at $15,750, map 257, parcel 18000, book 1006, page 326.
This building was demolished April 1, 1982 by permit #23805
issued me February 11, 1982 by Joseph D. Daluz, Building Inspector
for the Town of Barnstable. The contractor, hired by me to demolish
this building, is Jackson R. Hibbert, P.O. Box 168, Dennisport, MA.
Final tax for fiscal year 1982 ending June 30 was paid by me and
paid tax receipt from your office received by me. Town of Barnstable
tax on this building for fiscal year 1982 was $362.27.
Since the building was demolished April 1, 1982, I have paid a tax
for three months on a non-existant structure $362.27 X 3 = $90.56
12(mos.)
which amount is owed me by your office.
I am assuming the tax bill for fiscal year 1983 which I will be
receiving this Fall will reflect this change.
Yours1y ttrr�uly,
Catherine C. Trowbridge
CCT/pt
cc: Attorney Daniel J. Fern
Building Inspector Joseph D. Daluz
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FERN. ANDERSON, DONAHUE, JONES & SABATT, P_ A.
ATTORNEY5 AT LAW
P. O. Box 51B
+ r DANIEL J. FERN 436 MAIN STREET
} RICHARD C. ANDERSON
HYANNIS. MAS SACH USETTS 026DI
ROBERT J. DONAHUE
STEPHEN C. JONES AREA CDDE 517 775-552S
-�� �• CHARLES M. SABATT
May 18, 1982
Mrs .Catherine Trowbridge
221 North Norris Avenue
Tucson AZ 85719
Dear Mrs.Trawbridge :
After receiving your telephone call this
-- -- -- - morning about the alleged hearing at the
Historic Commission last evening, my office
checked with the office of the Historic -I
_ District and confirmed the fact that we were
not ever notified of the hearing.
However , a new hearing is scheduled for
Monday May 24th at 7 .30 p.m. at the Sturgis
T,ibrary at Ba.rnstab e and 1 shall plan to
attend and will let you know thereafter about
_ any decision.
^ Very truly yours ,
^� djf/rm `Daniel J.Fe n
_..
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--- -- �_ Mc�wan: -
Court only way in :.hunt "case _
r .ter
Nobody from the applicant's circles, has advanced.to the point would bring itto'a conclusion and,
camp was there. The building in where neither the three-room show whether the Old King's -
-___-_ question was already torn down, house nor the 1720 ell is left. Highway District`is worthwhile or,,"
"Why are we even holding .this , "They came around one day and perhaps should be disbanded:"
-_ --.hearing?" asked Peggy _Nemec, in half an hour had torn the whole Asked if he threatened to resign _ _ _
s who is one of the objectors.-• t illig`down," says ec Mrs. •Nem , as reported in the New York Times*1 _ -,
----� "Because:the only way we can -"The next day they took it.away." .and Cape Cod Times several weeks' _
get satisfaction is to continue until That was April 1,April Fools Day, Y_ago,+�^tbe chairman, who• was
this -goes through the .courts,'!' and the day following., formerly hockey coach and athletic A
- -'- replied town Old King's Highway` MacSwan. apologized-to Mrs- director:at Barnstable'�fi " and
Regional Historic.District Com- Nemec and about 10 others„who also -chaos "the six-town :OKH
j i
-- 4 Swan.
Chairman Elliott B. Mac' attended Monday, night's' non-. �reg1onal panelt;replied 'I'did not —
hearing on whether Mrs. Trow- t I never threatened to"resign 1
-- -- Seventy- eight-;year-7old Cathe- "bridge-should receive an OKH.'•told'a reporter for the New York-
rine Trowbridge had,tom-down a :certificate of demolition'-for -the -'Times that if the-town did not give
--- - 1720 section of her home that she house already demolished. But, us some backing we"(the commit-t F------
claimed she had a permit to do, he cautioned spectators at the tee) were' talking of resigning-
----- , but the OKH claims it was illegal. 'Sturgis Library session, going because if people are allowed to-do,
But she did agree to apply for a through the certificate process was what Mrs. Trowbridge did there is
----- demolition permit. OKH had the only way to get the issue in the. no point in having a committee. --- -
scheduled the hearing Monday. courts and to get it into the courts "If that is a threat to resign, so_
-- -- - An inadvertent slip-up by an was the only way to go. be it.But I did not even say this to --
employee resulted in Trowbridge "There may be other ways, but an official of the town,-only to a c
----- and her lawyer not receiving this is the way I see of doing it. To New York Times reporter.." -----
notice, so the hearing was say put it together again is The hearing was continued to _a
adjourned to a later date. impossible. To take it to court next Monday. ---------
-
Neighbor Peggy Nemec says she
-----_-_-_-----._-_- doesn't care what Mrs. Trow-
bridge does ore as long as it's
h
legal. She and her husband Ed,
-- who own a .TV repair shop next
door and also live on the property,
objected first'because Trowbridge+ —
wanted to leave a three-room
house and take off the old part to
make room for a road. ,.
"We wanted it left as it was," -
__- _ said Mrs.Nemec. "To take the old j � � %� �Q o k t S L,��
part down would change the whole ,s�� 'U� --
_ looks of the historic area."
- - Now, of course, the Trowbridge e -
7 case, which promises to become a
--- --- classic in legal as well as historic .•S - -
i
FERN_ ANDERSON, DONAHUE, JQNES & SABATT, P- A.
------ --- ATTORNEY5 AT LAW
P- O. Box SIB
DANIEL J. FERN 43S MAIN STREET
RICHARD C. ANDERSON
HYANNIS. MAS SACM US ETTS 02601
ROBERT J. DONAHUE
STEPHEN C. JONES AREA CODE S17 775-SS25
--� CHARLES M. SABATT
- - May 25 , 1982
t
Mrs .Catherine C.Trowbridge
221 N.Norris Avenue
Tucson AZ 85719
--•-- - - Dear Mrs.Trawbr idge :
----- I attended the Barnstable Historic Commission
_ meeting last night and presented your situation
and explanation of the untimely demolition of the
Aunt Hatch house on Route 6A.
-- - In effect, I stated that the property was
substantially infected with termites and would
- - - have fallen apart if the portion previously
authorized for removal had been attempted to be
removed, that the maintenance of the property was
-_.- --- a burden upon you and that- yar contractor attended
to the demolition of the building before you
expected him to do. so, and before you had an
opportunity to present an application to the
Historic Commission for such permission.
`- In addition, I pointed out that you probably
-- relied to some extent, on the permit given to you
_ f by Joseph Daluz, as the enforcing officer of the
Historic Commission, as well as the building
inspector of the Town of Barnstable, which permitted
you to raze the building.
r
All this fell on deaf ears and the committee
of four members headed by Elliott MacSwan all
indicated that they would refer the matter for legal
--- _- action.
I pointed out that you were a resident of
-- ---, Arizona and that it would be difficult to enforce any
t kind of fine against you even if the Courts were
-�� later to determine that you were legally responsible
and that the Historic Commission law was fully
r enforceable. '
«
OLD KING'S HIGHWAY
REGIONAL HISTORIC DISTRICT
BARNSTABLE COMMITTEE
—_-__ .-- may 25, 1982
Mrs. Catherine Trowbridge
221 N. Norris Avenue
Tucson, Arizona 85702
— ' Re: Demolition & Removal House 10 Aunt Hatch Lane Barnstable
— — Dear Mrs. Trowbridge:
- -""----- The Barnstable Old King' s Highway Regional Historic District
--- --- — Committee, has reviewed your application and has voted to deny your request.
It is the opinion of the Committee that the house, having been
_ built in the 1700's, is of historic interest, the removal of which would
be detrimental to the public interest.
Yours very truly,
Elliott B. 4acSwan, Chairman
--------- OKH Barnstable Committee
--- - --- EBMS:*
cc: Daniel J. Fern
-__ Town Counsel
James R. Wilson.
FERN, ANDERSON, DONAHUE. JONES & SABATT, P- A.
ATTORNEYS AT LAW !
DANIEL J. FERN P.D. BOX SIB I
----_,_ RICHARD C. ANDERSON 436 MAIN STREET t
ROBERT J. DONAHUE HYANNIS. MASSACHUSETTS 02601 1
STEPHEN C. JONES AREA CODE 617 77S-S62S
CHARLES M. SABATT
L
-- — June 2, 1982 !
Nss.Catherine Trowbridge
---.--- 221 N.Norris
Tucson AZ 85719
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1
Dear Mrs -Trowbridge :
Thank you for your letter of May 29th and
- -- a print of the subdivision plan you propose -�
for your land at Barnstable. _
I certainly must agree that the Historic
Committee at Barnstable appears to have made
----- up its mind long before I attended the hearing.
In fact, the principal reason why I suggested
-- filing the application to validate the removal —
_ _ of your building was because Mr .Deluz himself
suggested that I do so. However, the Historic
Committee was determined to have its authority !
1
upheld, regardless of anything else and no ff
- --- ---- attention was paid to the document given to you by Mr .Daluz.Mr .Daluz.
_ — I doubt very much whether Mr.Daluz would
rescind his order to rebuild and I question
whether he actually intends to enforce such an
order, even if he had authority to issue it.
I o not see any advantage in your att_--- r
to sell tiles small parcel to your _son because, at
�.—_. �-he present time, there is no authorization for you to subdivide the land. You cannot simply
- ------- convey out a piece of land without having a
subdivision plan approved by the Planning Board.
My feeling is that once all this fuss and ;—
feathers has a chance to die down, perhaps Mr _®jala
------ will present the definitive plan to the Planning {.--
Board for approval showing the subdivision into the
—� - several lots that you plan to have.
1
JOSEPH D.`DALUZ
TEIEPHONEt 778-1120
Bvi/cling Co—iuiontr'. EXT. 107
TOWN OF BARNSTABLE
BUILDING INSPECTOR
TOWN OFFICE BUILDING
HYANNIS, MASS. 02601
April 5, 1982
Mrs— Catherine C. Trowbridge
10 Aunt Hatch Lane
West Barnstable, . MA
Dear Mrs. Trowbridge:
It.has been brought to .my attention that .on April lst and 2nd you caused
your dwelling located at 10 Aunt Hatch Lane, Barnstable to be removed
without obtaining a proper "Certificate for Demolition or Removal"- from
the Old King's Highway Regional Historic District Committee as required
under Chapter 470 of the Acts of 1973 as amended. In accordance with the
authority for enforcement under Section 12 of said Act, you are hereby
ordered and directed to immediately proceed toward the restoration of. this
building. . Failure to. comply ,.with this order may subjectyouu _to possible
criminal prosecution .under said Act. Each day that you violate the Act
shall constitute a separate violation.
For further information you may contact my office.
Peace,
ds ph D. DaLu
Building Commissioner
JDD/gr
cc: OKH Historic Committee
Attorney James Wilson
Attorney Daniel J. Fern
HNt,H Application to
gOV...V6RPg�EOJZH
g0�H5 OENB`'t�PVC`HS .
0pE H"�P PK'
OH SH Old King's Highway Regional Historic District Committee
in the Town of Barnstable for a
CERTIFICATE FOR DEMOLITION OR REMOVAL
Application is hereby made, in triplicate, for the issuance of a Permit for Demolition or Removal of a building or a structure or
part thereof, under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973,for proposed work as described below
and on plans,drawings or photographs accompanying this application.
TYPE OR PRINT LEGIBLY DATE 14 a9.Lll 85- tqF---
ADDRESS OF PROPOSED WORK 1b A Ut4T 0 A i e- I-1 L H N L= ASSESSORS MAP NO. 7-S '7
B#=P,lJ'S—['A 01- �, 1`� IA S a o iZ I vv 6
OWNER Ca.they%he C 1 Y'oW rN c\ ( ASSESSORS LOT NO.
HOME ADDRESS Z*3— 1 Nko iP� R �,s A U c, Iycsot`f — TEL. NO. 6o3 19-5 1-1 q
NAMES AND ADDRESSES OF ABUTTING OWNERS: Include names of adjacent property owners across any public street
or way. (Attach additional sheet, if necessary). �L411}l ak S�—
�U cj w �� I�G� �C. v1 c\ e IV G' �2 6 A a R wSf� 1� M
111 Lk
�. bath (��e� �y3c� arc\ Cc����t a Mayt �\..
l 2 ktil,c?S Z tVi<<c\�n C'�� 2Sn
L•�wkZ e\,cC? \N Mu 61 L?.
AGENT OR CONTRACTOR TE 0.
ADDRESS
DESCRIPTION OF PROPOSED WORK: If building is to be removed, give new location. Snap shots showing all views of
building must accompany application. (Attach additional sheet, if necessary). c.
c/L ` �,CC: C7� a� �G �G�c(—�v s-� \ b
Note: If approval is granted for relocation, a separate Certificate of Appropriateness is required for new location if within
the Old King's Highway Regional Historic District.
SIGNED
Space below line for Committee use. Owner-Contractor-Agent
Received by H.D.C. The Certificate is hereby Date
Date
Time
By
Approved ❑ IMPORTANT: If Certificate is approved, approval is subject to the 20 day appeal period
provided in the Act.
Disapproved ❑
U�yW 1,
�o �A R
k �
Assessor's map and' lot number o�S.l..;; .................. .......... t`' oFTNeto
Sewage Permit number ...............................................:........ d ��
Z BAEBSTIBLE, i
House number..::,y.................. ..................:..............`..............• 3 90
MA86
2639• \00�
* QED MAY a.
TOWN. OF. BAR.NSTABLE
BUILDING INSPECTOR
APPLICATION FOR PERMIT TO :..'.......lT:..f ..1........`..............................................:............... ........................
TYPE OF' CONSTRUCTION
.... . ..................19&
f
TO°THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information-
Location ��Tc. . ..L'. .AR...........................
ProposedUse .........':.: ........................................................................................................................... .....
Zoning District .............. ..::.......................:.............................Fire District ....lJa}Vs�alole............................................
Name of Owner ..L�,�tang.�l�>:...�.. r�A.W. Y4 .t-'.........Address ......:.....................................................................:.......
Nameof Builder' ....................................................................Address ........................................................................:...........
Nameof Architect ..................................................................Address ....................................................................................
Number of Rooms ..."F...........-. rl........:......:..................Foundation ....5.10.At.................................................
l ,
Exlerior .... ...........................................................Roofing .....5...... .`t.. ... ........:.............................................
Floors ............ ....IPA k!:0...................Interior .......................................................
Heating .ctS........... .�?,J GIT..........................................Plumbing ..................................................................................
Fireplace ............�.P.S......'..........................................................Approximate Cost ..........................................
Definitive Plan Approved by Planning Board ---------------_---------___-_19-------- Area
Diagram of Lot and Building with Dimensions + Fee ..............................................
i
SUBJECT TO APPROVAL OF BOARD OF HEALTH ,
-3 a
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Nan_:5ztl!!.j!-.,....... ...../n.41W. �A-.............
TRO:W3RIDGE, CATriERINE C.
23803 RAZE " k
No ............ Permit for ....................................
Dwelling
.................. ... ....................................................... ;
=s
10 Aunt HatciZ Lane ;� s
Location .............................................,,................. t
` .
Barnstable..................................
Catherine C. Trowbridge
Owner ...... . .................................. ................. x
Frame „ s
Type of Construction .........................
................................................................................ ri f
Plot.......................... . Lot ................................ r•
`� y }
82
Permit Granted Februar „ ,019
Date of Inspection ............:...................-1.9
Date Completed ........t..............:`.......?.- 1-9.
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