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HomeMy WebLinkAbout0450 BRAGGS LANE !'� iV 1<� ` i�rf�F �j I k. • Jr � A,, .x �:� ., . r • Y`ilJ r. ..5,�+ J '^:J i Y {� J ^r ,,�- �:.� , 5 ,�{J <, , \ R rS Z5 / • y � f 1µ'. 1+]� r r, Town of Barnstable Geographic Information System December 16,2009 297006 297013 #1367 #1372 . 297082 T #1351 297078 #87 1 Z. D O Z -. . T 297014 to #1344 -- - XI Z ' to , 297083 D 297015 #1341 co #450 r 297016 MI Z #430 O D v 297079 /, #127 1 297004 #1331 I . jS]34 i 1 297080A , `--� #129 0 3 7 Feet ti►lOCAPE yGNwY(WEgri RTE.6 ININ DISCLAIMERS:This map is for planning purposes only. It is not adequate for legal Owner:Map:297 P VETORINO,arce l:015 n (� Selected Parcel boundary determination or regulatory interpretation. Enlargements beyond a scale ofKAREN P Total Assessed Value:$227700 1"=100'may not meet established map accuracy standards. The parcel lines on this map ;:i:•:(:;.i lIN ,,..E are only graphic representations of Assessor's tax parcels. They are not true property Co-Owner: Acreage:4.10 acres Abutters - boundaries and do not represent accurate relationships to physical features on the map Location:450 BRAGG'S LANE / r/' such as building locations. Buffer `'. f ZISSON AND VEARA TOV°NN EtA1: ' ,Pr ATTORNEYS AT LAW 828 MAIN STREET {gp ,r"t JUL 20 rhi ' ' in DENNIS, MASSACHUSETTS102638 TELEPHONE,(508) 385-6031 FAX (508) 385-6914 MAILING ADDRESS: P.O. BOX 2031, DENNIS, MA 026380043 EDWARD E. VEARA E. JAMES VEARA RICHARD L. ZISSON PAUL V. BENATTI I (1942-2006) CHRISTOPHER A. VEARA EDWARD T. PATTEN SHARON MARCHBANKS OF COUNSEL July 23, 2010 VIA CERTIFIED:MAIL -RRR ' Alisha Stanley ' 0 Property Management Town of Barnstable 100 Main Street Hyannis, MA 02601 Re: Thomas Vetorino et al - Request for Zoning Enforcement Dear Ms. Stanley: On June 4, 2010, I sent you correspondence with respect to the above-referenced property, and in particular, the improper use of town property as an access driveway to the Veterino property. ror your reference, a copy is enclosed. At that time, I requested that this illegally constructed driveway and access way over town property be barricaded or fenced off so as to close the same to truck traffic that has been traversing Hyannis-Barnstable Road for access to the commercial operation taking place on Veterino's property. I also requested that this action be immediate, and if it is not to be carried out, that we be advised as to reasons therefore as Well as being provided with proof or evidence that the town has granted permission or an easement or any other property rights for the purposes of this use of town property to the owners-of 43 and 450-Braggs'Lan4. To date, we have had no response from you whatsoever. Accordingly, I am asking one more time tlat,this action be taken and that the driveway be ' closed off and barricaded to prevent the aforementioned truck traffic, or in the alternative, that we e provided, in writing, evidence that the town has granted an easement or other property • ZISSON AND V:EARA Alisha Stanley, Property Management July 23, 2010 Page 2 rights in and to this property to the owners of the Veterino land. Should we not receive a response to either Of these requested alternatives, we will seek injunctive relief in the Superior Court to effectuatethe same and the closure of this roadway over municipal property for private purposes. Cordially, Ei ward E. Veara EEV/so Enclosure Cc (w/enc.): Thomas Perry, Building Commissioner • Ruth Weil, Town Attorney - Gary Amster • 3 r ZISSON AND VEARA ATTORNEYS AT LAW 828 MAIN STREET DENNIS, MASSACHUSETTS 02638 TELEPHONE (508) 385-6031 FAX (508) 385-6914 MAILING ADDRESS: P.O. BOX 2031, DENNIS, MA 0 2 6 38-0043 EDWARD E. VEARA { E. JAMES VEARA RICHARD L. ZISSON PAUL V. BENATTI - (1942-2006) CHRISTOPHER A. VEARA SHARON MARCHBANKS EDWARD T. PATTEN OF COUNSEL .tune 4, 2010 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Alisha Stanley Property Management Town of Barnstable 100 Main Street Hyannis, MA 02601 Re: Thomas Vetorino et al - Request for Zoning Enforcement Dear Ms. Stanley: I; ( For your reference I have enclosed a copy of letters that I have sent to the Building Inspector concerning zoning violalFions at the property located at 430 and 450 Braggs Lane in the Town of Barnstable and a cease and desist order. For your ease of reference I have also enclosed the relevant portion of the Barnstable Assessors map being map 297, which depicts the subject il properties at 430 and 450 Braggs Ij,ane in the Town of Barnstable. II is I II The purpose of this correspondence is in addition to enlightening you with respect to the ongoing zoning violation and a cease and desist order which is currently outstanding on number 430 and 450 Braggs Lane, there is municipal property indicated as parcel number 014 on said 1 assessors map which is currently being used by those persons in control and owning 430 and 450 Braggs Lane as an access way to their property. This access way is a driveway that has been cut from Hyannis-Bar stable Road, across municipal property to the property owned or controlled by Vetorino. 1. I have not been able to obtain a copy of any form of easement, license, or other property right granted by the Town of Barnstable for means of passage over municipal property to those persons owning or controlling 430 land 450 Braggs Lane. 1 t. I` , is 1 i I € I € .E.,. . r ZISSON AND VEARA Alisha Stanley, Property Management June 4, 2010 Page 2 I found no town meeting article or vote authorizinga conveyance of anysort of property y P P n' interest in municipal property for this purpose to anyone including the owners of the Vetorino properties. A visit to this site, which i at the terminus of Hyannis-Barnstable Road as it meets the boundary line of the Route 6 layo4t clearly shows this driveway which has been constructed and I ... would ask that the Town immedia ely go out and barricade or fence it off closing the same from the truck traffic that has been traversing Hyannis-Barnstable Road for access to the commercial operation that has been taking p1a'e notwithstanding the cease and desist order on the Vetorino properties. I request this action be immediate and if this request is not to be honored, please advise in writing as to the reasons therefor, 4s well as any proof or evidence that you have that the Town has granted easement or property rights for this purpose to the owners of 430 and 450 Braggs Lane. Thank you. is 11 Cordially, 4466,04i itte/ I Edward E. Veara ; EEVi lmb Enclosures Cc: Gary Amster 1 ! 1(3°710? g aft" gel-Ws Town of Barnstable OF tHE Tp� Regulatory Services . >: %r Y Thomas F.Geiler,Director snxxsrast.E, * Building Division mass 9$A 1es9• 1 Tom Perry,Building Commissioner 200 Main Street,Hyannis, MA 02601 Y Office: 508-862-4038 Fax: 508-790-6230 June 22,2010 Attorney Edward Veara 828 Main St Dennis, MA 02638 Re: Enforcement Request for Thomas Vetorino,et al Dear Attorney Veara: In response to your request for aforementioned enforcement dated June 4,2010,please know that this office has been monitoring this property since the initial complaint was brought forth by your client.Unfortunately,the reality is that staff is not always available to check the site in a timely fashion whenever your client reports actEvity. Although we understand their frustration level is elevated because they believe violations continue unabated,the fact remains that we have not seen or heard any action to support those allegations. Let me advise you that to our knowledge all disposal of materials generated from off site has ceased and I have personally had occasion to confirm this. There is no new evidence and certainly none presented that indicates any recent violation involving the importing of materials from off site. Furthermore,your letter seems to imply that staff is alerting the Veterinos of our impending inspections. Be advised that this is not the case and I find this implication to be insulting and offensive to the integrity of staff,each of whom I hold in high esteem. I assure you that we will gladly entertain any new evidence and will continue to monitor the site. Enforcement action will be meted out accordingly;confirmed violations will not be tolerated. With that being said,I respectfully remind you that the Vetorino family is entitled to a farming use. The sight and sounds of associated equipment and the corresponding use are natural and do not constitute a zoning violation. As a result, I once again invite you to submit clear and tangible evidence of any alleged zoning violation for review. Staff will be directed to address each violation based on my determination. Also,all future correspondence should be copied directly to our legal department for their review. Thank you for your attention to this matter. Sincerely, Thomas Perry Building Commissioner J:\450 Braggs Veterino response to Veara.DOC ZISSON AND VEARA E. ?Ai E ATTORNEYS AT LAW tE,y 6a 828 MAIN STREETPA t 80 DENNIS, MASSACHUSETTS 02638\ 3 ie ` • TELEPHONE (508) 385-6031 FAX (508)'385-6914 MAILING ADDRESS: P.O. BOX 2031, DENNIS, MA`O2638004:3 EDWARD E. VEARA E. JAMES VEARA RICHARD iL. ZISSON PAUL V. BENATTI (1942-2006) CHRISTOPHER A. VEARA SHARON MARCHBANKS EDWARD T. PATTEN OF COUNSEL June 4, 2010 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Thomas Perry, Building Commissioner Town of Barnstable 100 Main Street Hyannis, MA 02601 Re Thomas,:Vetorino et,al, Request for Zoning Enforcement Dear Mr Perry Thank you for your response letter of May 21, 2010. concerning your visit to the Vetorino property and your observations at that time. Unfortunately, it would seem that Mr. Vetorino has knowledge of when you are coming and makes sure that there,are no operations that are ongoing which violate the cease and desist order as well as the zoning bylaw at the time of your visit. Only a matter of days after your letter was received;.my client was once again put in the position of having to call the Town Offices to complain concerning an on-going violation of the cease and desist order and the zoning bylaw for no less than four different dump trucks traversed the Hyannis-Barnstable Road in front of our client's house to its terminus at the boundary of the State Highway Route 6 and thereupon entered by way of an illegal driveway over municipal property onto the Vetorino property known and numbered as 297015 on assessors map 297 and also referred to asz1:50-B-F ggs7Lane, for purposes of hauling materials to and from what we have called a dump site operation. Your letter of May 21, 2010 asserts that the disposal of grass and leaves has ceased. That may be the case, however, the operation of a site fo'r_the loading, unloading, and processing of soil, loam; and other like-materials has not and is ongoing not only in this residential zone, but using town-owned,property illegally as its access..,. ZISSON AND VEARA Thomas Perry, Building Commissioner June 4, 2010 Page 2 Once again; I am requesting,enforcement of the zoning bylaw pursuant to General Laws Chapter 40A, Section 7, and further requesting that the driveway which has been created at the terminus of Hyannis-Barnstable Road over town-owned property be blocked off by means of a barricade or fence to prevent those vehicles entering the stump dump and loam processing area from using Hyannis-Barnstable Road and at the very least, being forced to continue their activities by means of the access over Braggs Lane, upon which the Vetorino property fronts. Once agairi;I would ask that your response be made timely in accordance with the statute and be directed to thissoffice as attorney for Mr. Amster. Cordia.,14y, Edward E. Veara EEV/lmb Cc: Gary Amster oFTHF ros, Town of Barnstable Regulatory Services * BARNSfABLE, MAss. �, Thomas F. Geiler, Director J.,40 p39. �� Building Division Thomas Perry, CB® Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Off-toe: 50$-862-4038 Fax: 508 90-623-0 May 21, 2010 Zisson and Veara Attorneys At Law Attorney Edward E. Veara 828 Main Street Dennis, MA 02638 Re: Thomas Veterino Dear Attorney Veara, This letter is in response to your correspondence regarding Mr. & Mrs. Veterino's property located at 430/450 Braggs Lane Barnstable. Since I was in the area I personally visited this property on May 7, 2010 in response to a complaint. When I arrived at approximately 3:50 p.m. there was no equipment,except for a golf cart in operation. I spoke with both Mr. & Mrs. Veterino to see what activity was taking place. Their response was that they were spreading top soil in preparation to plant squash. My observation was that in fact there was top soil spread and the area was being prepared for some sort of farming operation. The disposal of grass and leaves has ceased and has not occurred since the cease and desist letter of February 13, 2009. There is no cause for zoning enforcement. Respectfully, 2,Th Thomas Perry, CB0 Building Commissioner Cc: Mr. & Mrs. Veterino ZISSON AND VgittfriA0F BAR,;4sTABLE ATTORNEYS AT LAW • 828 MAIN STREET , l) -‘6 DENNIS, MASSACHUSETTS-028381 TELEPHONE (508) 385-6031 FAX (508) 385-6914 MAILING ADDRESS: P.O. BOX 2031, DENN1§1,1K/14102638-0043 EDWARD E. VEARA E. JAMES VEARA RICHARD L. ZISSON PAUL V. BENATTI (1942-2006) CHRISTOPHER A. VEARA SHARON MARCHBANKS EDWARD T. PATTEN • OF COUNSEL May 7, 2010 • VIA FACSIMILE AND CERTIFIED MAIL/RRR • Thomas Perry, Building Commissioner Town of Barnstable 100 Main Street Hyannis, MA 02601 • Re . • - 'Thomas Vetorino et al - Request for Zoning Enforcement • • . • • Dear Mr2Perty: 17"L f' i72 "• • As you may recall this office advised in prior correspondence tnat we were representing Gary Arnster, a resident and taxpayer in the Town Barnstable, whose residence is located at 1367 Hyannis/Barnstable Read. The Piiipbse of our representation has the zoning violations that are occurring on the property owned or controlled by Thomas F. & Karen Vetorino and located at , 430 and 450 Bragg's Lane in the Town of Barnstable. This property is also identified as Map 297, Parcels 016 and 015. As a result of our request for zoning enforcement, you issued a cease and desist order as well as an order to abate the violations summarized in your order dated February 13, 2009. For your ease of reference, I have enclosed a photocopy of said order. On Wednesday, May 5, 2010, my clients once again observed the offending operations taking place on Mr Vetorino's property and called the Barnstable Police Department at that time. The officers responded to the scene and after having a conversation with Mr. Vetorino, reported to our client Mr. Vetorino's explanation was that he was "planting squash." The fact that he was using a backhoe and a bobcat tractor to undertake this planting is not only suspect, but absolutely ridiculous and insulting that•the officers would even Consideffhis eXplanatibnidbe anywhere near truthful. 'Once againI am requesting that zoning enforcement be undertaken immediately since there is nowmprctor j9,cease and desist as well as to abate this violation that seems to be going unheeded and in fact, flaunted and we 'request thalthiS action be-taken immediately. • ZISSON AND VEARA - Thomas Perry, Building Commissioner May 7, 2010 Page 2 I would also point out that in conversation, Mr. Vetorino has advised our client that he has spoken with the Town Administrator of the Town of Barnstable, John Klimm, and he was advised by Mr. Klimm that since it was his private property, he could do anything there that he pleased.. Again, an`outrageous statement for I am sure Mr. Klimm would not make such a remark in view of the zoning requirements in the town. In any event, it does speak volumes as to the type of person we are dealing with who doesn't intend to comply with the law relative to his property. I would once again remind you that a request for zoning enforcement pursuant to General Laws Chapter 40A, Section 7 requires your response within a designated time frame and would ask that you direct the same to this office as attorneys for Mr. Amster. Thank you.. Cor ' 11y, ides.4.0L. Edward E. Veara. EEV/lmb Enclosure Cc: Gary Amster . o-, v Town of Barnsta e Regulatory Servic%.6 72:HE rOk� Thomas F. Geller,Director i,,.. °� BuildingDivision 9ARNSTABLE, * Tom Perry,Building Commissioner y MASS. i63q. �0 200 Main Street, Hyannis, MA 02601 AjEp .�A • Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: • Thomas F&Karen Vetorino and all persons having notice of this order. As owner/occupant of the premises/structure located at 430&450 Bragg's Lane,Barnstable; Map 297 Parcels 016 & 015,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, February 13,2009, to: • 1. CEASE AND DESIST IMMEDIATELY, all functions connected with this violation on or at the above mentioned premises. • SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Operating a landscaping business: activities including grass clippings and leave disposal/composting it a residential zone. 2. COMMENCE immediately,'action to abate this violation. SUMMARY OF ACTION TO ABATE: Cease composting by March 1,2009 And, if aggrieved by this notice and order,to show cause as to why you should not be required to do so, by filing an appeal with the Town Clerk of Barnstable, a Notice of Appeal (specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed, action to abate this violation has not commenced, further action as the law requires will be taken. By order, I . FEB 1 7 2009 Q/FORMS/viozone 1 d r. oe mE ra,� The Town of Barnstable Barnstable Office of Town Manager NI-i merdcac r BARNSTABLE, MASS. 4, 367 Main Street, Hyannis MA 02601 s . 10 ''rEo639 r" www.town.barnstable.ma.us Office: 508-862-4610 2007 Fax: 508-790-6226 Email: john.klimm@town.barnstable.ma.us John C. Klimm, Town Manager INTEROFFICE MEMORANDUM —,4 ea 0 N co TO: Tom Perry, Building Commissioner -v cn FR: John C. Klimm, Town Manager .c co 00 DT: October 10, 2008 RE: Thomas F. & Karen P. Vetorino—430 Braggs Lane, Barnstable 1set Please see the enclosed letter and send your comments regarding such to me directly, then en up a meeting with these residents and verify my availability for said meeting beforehand. Thank you. Q10 o k Attachment , 'OIL // 0 nt JCK: lrw `�p( DC�`-9 GO) itA f :`' ¢� � t0 �& goo THOMAS F. & KAREN P. VETORINO 430 BRAGGS LANE BARNSTABLE, MA. 02630 September 16, 2009 Mr. John Klimm Town Manager Town of Barnstable Dear Mr. Klimm, We would like to make an appointment to discuss the following matter with you at your earliest convenience....To fill you in on our history , I have put together some pertinent information. We started farming in 1972 with the OK from the then Building Inspector Herb Stringer. We added some composting in 1976 with our own farm animal manure as we had chickens, pigs, cows, turkeys, a horse etc. We continued thru the 70's with our farming. In 1984 we built our barn and did an experimental pilot composting program with the County Farm with permission from the then building Inspector Joe DeLuce. From 1984-1991 we were a registered farm selling produce and home made Jam at the end of our driveway. In 1991 we started collecting leaves and lawn clippings from our neighbors and friends. All this was done all along with the consent of the then appointed Building Inspectors, Board of Health, Farm Bureau etc...No one has ever complained. Our neighbors were all aware of what we were doing and were thrilled to have a place to bring their gardening and yard scraps, leaves and lawn clippings.. The piles were always kept small and were turned every couple of,weeks. This process was done with a 920 and or a 416 (both rubber tired) so there would be no land vibrations this was never done on a Sunday or Holiday. We never had a bit of problem until our new neighbor moved in about 3 %years ago. She almost immediately began complaining.about the noise. At first we didn't understand what her complaints were about. After a bit of investigating we discovered that if Barnes Trees Service or Asphalund Tree Service was in the area she had complained it was us making the noise, When.the Town street sweeper was in our area she complained it was us making noise again,when a neighbor fired up a chain saw , it was us again etc.....She even complained one day when we were in the middle of a family birthday party by calling the police and stating we were running heavy equipment on a Sunday In fact the only thing we had run that day was a weed whacker hours earlier I might point out that her home is directly under the main flight pattern for Barnstable Airport and the planes coming and going make far more noise than we ever thought of making but that doesn't seem to bother her..all she hears is the noise she thinks we are making , and most often times we are not... Last winter in mid February we received a 'Cease and Desist' order from the Town of Barnstable to be effective March 1st. Citing that we had been running a Landscaping and composting business out of our back yard..First of all that never was the case.The Landscaping business that is run by our son, not us,is now and always has been based and run from our 80 Kidds Hill Rd. business address. Secondly we had been shut down since mid November and in fact had been in Florida since December 28th at our Florida residence. We were not even in town when she was still complaining about the noise (?) She has called the Building Inspector Tom Perry dozens of times and sent him as well as the Board of Health and Zoning to our 430 Braggs Lane address to inspect us.. No problem has ever been stated to us. In fact Tom Perry told both my husband and myself that he thought us indeed without question a farm and we should be able to run whatever machinery was necessary to maintain a farm.. We have bent over backwards to comply with our neighbors complaints. We have deliberately not run machinery during her sleeping time. Generally until noon-3-4 times a week... She still continues to call the Barnstable Police and Mr. Perry with her complaints...She seems to be deliberately trying to put us out of business. A business we have been in since the early 1970's without incident until now... We have been shut down since Nov. and she still complains and we are trying to straighten out this political nightmare. We are told one thing but then something else totally is done at Town Hall. We own 8+ acres of land. We have a Carbon footprint of 0-with our green acreage. We just do a minimal amount of farming and composting to maintain our status with the Farm Bureau, the insurance company and the town... We don't want to stop our work, it was great therapy since my husbands stroke 21/2 years ago. However we don't understand why just one person can move into a neighborhood that was running just fine for years without incident and begin complaining and the powers that be jump thru hoops to oblige her. Why won't anyone consider us , our livelihood, the time we were doing this without any problem? Aren't we Grandfathered? Our son uses the compost and loam from us for his landscaping business and we have donated loam and compost to various local civic associations for village beautification Can we please meet with you Mr. Klimm to discuss what if anything can be done to resolve this matter? Thank you for your time Sincerely, Citizen Web Request Page 1 of 3 ,A,4,7:r:-,7:---:z----- ---..- „ ' 0---- ,,,,) ,,,,,, _,,,,,,.. , ...... , , i I i.....joi.,,, ,,,..,., ,.._,__,,,,1/41—,..' ,,,, iy V:ive '\° tly 1 ' ", 4 4— r e.._...47 4 N'hti 'ar v e x r . f� , G am !:'r' Logged In e Citizen Request Management Wednesday, M TOWN�ringe 1..� Request 11.. Management i L�, C." 1 1. Route to Users Search Requests Create Requests Request Information Request ID: 25589 Created: 5/27/2009 10:08:14 AM Status: Assigned To Staff Assigned To: Anderson, Robin Building Dept Anonymous: No Request Category: Code/Ordinance - Misc. Routine work: No Estimate: No Date scheduled: Estimated 6/10/2009 Change Estimated May June 2009 Jul Completion Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 Created By: Ring, Ernestine Priority: Medium Building Dept Citation Numbers: Requestor Information Requestor Tracy Suprenant Request Thomas &Karen Vetorino DETAILS: 1367 HYANNIS- LOCATION: 430 BRAGG'S LANE BARNSTABLE ROAD Barnstable, Ma 02630 Barnstable Ma 02630 Request Parcel Number Mrs. Superant reports that Mr. Map: 1297 Block: 1016 Lot: 01 Vetorino is again running his backhoe which creates excessive noise. He Parcel Lookup does this randomly throughout the day, moving dirt. This is the origin of http://issgl/InternalWRS/WRequest.aspx?ID=25589 5/27/2009 Citizen Web Request Page 2 of 3 the original complaint and resultant Cease And Desist order of 3/1/09. At that earlier date, he was digging below the water table and OSHA was about to be called in also. Mrs. Superant states that the noise is loud and excessive and not tolerable. She requests that an inspector contact Mr. Vetorino to remind him of the Cease & Desist order that is still in place. She will call again if noise continues. She declined to give phone number at this time, but will if additional call is needed. Email: Edit Requestor Information Track Request Progress Request Work History: v Internal Note History: System entry on 5/27/2009 10:08:14 AM: --�� Assigned to Anderson, Robin / / / System entry on 5/27/2009 10:08:56 AM: Related Request 25590 Enter work progres l ' ��// Enter internal note: (Viewed by everybo / (Viewed internally only) Pt Sel 1 pl�Check ; .�Spell Check Add document or image link: http://issgl/InternalWRS/WRequest.aspx?ID=25589 5/27/2009 Citizen Web Request Page 3 of 3 s Browse.,.: v.] * You can also type in a folder name to see everything in the folder Current Links: Time worked on request: _r_µ Response time: O ___ *Time entries are in hours. Examples of time entries: 1.25, 0.5, 0.75, 1, 3.5, 0.25, 0.10 * Response time: Measured from the creation date to your first actions on the request. * Do not include nights, weekends, and holidays in response time for most departments. Save changes r< Check to notify town employee below to review this request. C Save changes and notify Building Dept citizen* Amara, William „� Close request __. ._ .,_. Brief message to reviewer: C Close request and notify citizen* q : *notify works if email address was given Update Spell Check Public Use: Printer Friendly Version Internal Use: Printer Friendly Version http://issql/InternalWRS/WRequest.aspx?ID=25589 5/27/2009 Town of Jiarnstable Regulatory Services eME Tp� Thomas F.Geiler,Director 41 I ��� Building Division * sAwvsrastE, I Tom Perry,Building Commissioner Mass. $ s63q. :m 200 Main Street, Hyannis,MA 02601 A40Mp`lA Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Thomas F&Karen Vetorino and all persons having notice of this order. As owner/occupant of the premises/structure located at 430&45ragg's Lane Barnstable; Map 297 Parcels 016&015,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,February 13,2009, to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Operating a landscaping business: activities including grass clippings and leave disposal/composting in a residential zone. 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Cease composting by March 1,2009 And, if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable, a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. By order, Q/FORMS/viozonel n ' ZISSON AND VEARA ATTORNEYS AT LAW 828 MAIN STREET DENNIS, MASSACHUSETTS 02638 TELEPHONE (508) 385-6031 FAX (508) 385-6914 MAILING ADDRESS: P.O. BOX 2031, DENNIS, MA 0 2 6 38-004 3 EDWARD E. VEARA E. JAMES VEARA RICHARD L. ZISSON PAUL V. BENATTI (1942-2006) MICHAEL I. FLORES EDWARD T. PATTEN CHRISTOPHER A. VEARA OF COUNSEL SHARON MARCHBANKS January 26, 2009 VIA FACSIMILE & CERTIFIED MAIL - RRR Thomas Perry, Building Commissioner Town of Barnstable. 100 Main Street i N) ,$ Hyannis, MA 02601 v.. z Re: Thomas Vetorino et al- Request for Zoning Enforcement 7-1 Dear Mr. Perry: rn This-off ce-has=previously-advised,you th-at=we-are=representing Ga-=Amster =r-esident.. —_ and taxpayer of the Town of Barnstable, whose residence is located at 1367 Hyannis/Barnstable Road. On June 23, 2008, pursuant to the provisions of General Laws ch 40A, § 7, we requested zoning enforcement against Thomas Vetorino and others for activities occurring at a property located in a residentially zoned district. The activities include, among other things, the operation of a stump dump, loam screening and heavy equipment operation, all of which are commercial in nature in a residential zone. Notwithstanding the provisions of the aforementioned statute, we received no written response from you indicating what, if any,zoning action you would take or, if you were declining such action, your reasons for such a decline. Accordingly, on July 15, 2008, we again wrote to you requesting zoning enforcement under the previously referenced statute. At that time, we advised as to the necessity of your action, pursuant to the statute, as a precursor for Mr. Amster to pursue his rights, first with the Zoning Board of Appeals and thereafter in the Superior Court, if he so chose. Again, you did not respond within the time frame set forth in that letter or the statute. On August 6, 2008, you wrote to me purportedly in response to our correspondence regarding Mr. Veterino's operation, and indicated that you had visited the site and that you were "exploring the best option to proceed at this point." Thereafter, weeks and months passed with no response from you concerning the results of your explanation of options. '" ZISSON AND VEARA Thomas Perry, Building Commissioner January 26, 2009 Page 2 Recently, myy client advised that he had a personal meeting with you on this subject matter, at which time you verbally indicated that you did not see any zoning violations that would prompt you to take action at this site. You have not, however, provided the statutory requirement of a written response as to why you declined our request for zoning enforcement. The above time frame represents a serious neglect on your part to comply with the legitimate and lawful request of a citizen and taxpayer pursuant to Massachusetts statutory authority. We have pursued this matter informally with the Department of Environmental Protection for this area concerning the operation of the stump dump at that location and have advised them of your intransigent and unwillingness to take any action against Mr. Veterino for reasons that we suspect but will not state at this time in this correspondence. As noted in previous correspondence, should you continue to fail to perform your statutory duty, at least as far as a written response as to why you declined the request for zoning enforcement, you will leave Mr. Amster no choice but to file an action to compel the same in the Superior Court. I wish to advise, however, at this point and over this long history, your failure to review and react to the situation either affirmatively or negatively in writing smacks more of malfeasance and an intention to obstruct our client's rights to pursue his administrative and thereafter judicial remedies. This is something in which conduct of this nature is personal and not protected by municipal exclusions from liability. Cordially, 4Aut.cof Edward E. Veara EEV/so Cc: Gary Amster • IF ,v(3 -04E rot, Town of Barnstable �� 41 Regulatory Services ` wiwvsrA.uLe Thomas F. Geiler,Director M:SS. a 76o 1639 \gym Ptfb MO A' Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN: - " - FAX NO: FROM: O o vv-) P-e"---k DATE: PAGE(S): (INCLUDING COVER SHEET) 7:6, e.._e ( ) . ye,--,_ iik-T---('S ( \-14,,L0 --____ (,e � �L b o N o� 0,e✓ 2,.� *7 / � S-C -2_ 677zy J VETORINO'S WOODCHUCK HILL FARM 430 Braggs Lane Barnstable, Ma. 02630 (508) 362-6354 cell(508) 776-3665 • June 25,2008, Town of Bamstable Zoning Dept. Atten;Robin 200 Main Street Hyannis, Ma.02601 This letter of explanation is at your request after the inspection of our property at 430/450 Braggs Lane in Barnstable,on Tues.June 24,2008 regarding our composting farm. We own and operate on approximately 8+-acres a small composting and vegetable farm. The actual composting is done on less than 3/4 acre of the property. Since receiving the first complaint regarding noise in the spring of this year we have installed all new muffler systems on our equipment and in some cases double mufflers..We have made every effort to comply with our`new'neighbors request to keep the noise down while she sleeps late mornings. Especially on the days she is at home.Some days a short period of running the equipment is unavoidable. We do not start any machinery up before 8am and it is all silent by 7pm.....In total the equipment is run approx.2-4 hrs.total all week. We are producing less than 400 yards of compost annually with leaves and grass dropped on the property by our son and an occasional neighbor. We are more than the required 25 ft.setback from the street in all directions. We have been operating out of this property since 1972 as a farm and composting yard waste (Recyding it)We were granted Agricultural Rights by Herb Stringer(building Inspector)in the 70's and again in the 80's by Joe DeLuce (building Inspector)and then Mr Whitty of the Assessors office(all verbal agreements). We do not sell to the public..Our son takes any composted product(loam)that we do hot use for our own purposes...We have a large vegetable garden,a barn and at this point no animals although we have had many in the past..Pigs,cows,chickens,turkeys,ducks,etc. We have not had a single complaint regarding odor,noise,traffic etc.in the past 36 years. Not until our new neighbor moved in. Regarding her daim that there is constant large truck traffic coming and going that is just not true..Late in the afternoon 3-5 days a week,there are anywhere from 1 to 3 pickup trucks that make one trip each to drop off lawn clippings in the summer and leaves in the fall. This is only from April thru Nov. Occasionally a small dump truck will pick up some finished product(loam)and leave with that,but that may be any where from 1 to 10 times a month. We are only here from May first thru Dec. This is not by any means a full time commercial operation.. This is a small family project exclusively for the family use. We have also been requested to remove the woodchips from the end of Hyannis/Barnstable Road that the Town of Barnstable started to put there in 1980's and again when they cleared Phinneys Lane in the 90's.(Yes,we have added to the pile on occasion).This will be taken care of as promised but our neighbor can not be calling the Town to complain every time we fire up a machine to try to remove these chips. They stop us and hence the dips cannot be removed.... I appreciate the time and effort you are putting into this Robin and hope that this helps to sooth the situation a bit. I am sorry that this needs to be on your desk at all Thank you again, u.L Sincerely, - Utylit Tom&Karin Vetorino 0"/ , 6 fet-... v 0 TUESDAY,JUNE 24, 2008 �� � IDEAS & OPINION 10 oters at this year's on a farm in West Barnstable. resources of Cape Cod pro- The Cape Cod Farm Bureau, all gone and in its place were annual Dennis Town She's a generation older than I claimed that local farmers ' founded in 1916,promoted the expensive summer homes with Meeting passed a war- am but farming wasn't that far were doing very well.The Cape's agricultural interests. views of the Atlantic Ocean. rant article designat- away from my own childhood. surveyy noted that"There can and the region's potential for With the cost of food ris- ing the.town as a"right to When I was in elementary hardly be anywhere in the growth.Coupled with a strong ing and the occasional scares farm".community.Yarmouth school,our school bus would United States a farming region Grange organization;farmers about what things might be and Harwich already have occasionally stop at the Brew- where farmers,producing were given both financial and contained in our food,it would similar bylaws.: ster Baptist Church to allow either on large or small scale, informational support. be good to see more farming I suspect the bylaws are 011e Lund to drive'his 20 cows have so many outlets to good In 1921,there were more on Cape Cod.And there are meant to prevent across Main Street down to his market or where those markets than 100 independent poultry signs that this is happening. We' some newly arrived Lower Road pasturage.We'd are so readily accessible.Even farmers on the Cape.Some- Several new farmers'markets residents from purchase our milk from his the smallest farmer can readily one that year took the time to have recently opened,featur- Pt,';411,1, calling:.town hall dairy farm as did most of the reach the numerous city mar- count 35,352 chickens:living in ing locally grown produce. 1 should they hear a people in town.AtThanksgiv kets within a district having a Barnstable County. And towns are actively look- t; q rooster crowing in ing,we'd get a freshly killed population of over two million But farm acreage declined. ing to encourage small-scale i,i; r£ the early morn- and dressed bird.from Lincoln persons,all living within a from a high of more than agriculture.Maybe it's time 1 ,- ,, ing.Don't Brogi's turkey farm up on radius of sixty miles from.the 40,000 acres in those years to we realized that a good tasting h ; is ;P*e *>1 laugh,it has Route 137. westerly end of the Cape." less than 5,000 acres by the tomato doesn't have to come I u 9 ':" happened. . If you wanted chickens,the A chart in that report - early 1990s as housing subdi- from California and that a COOGAN The need for Chase family in East Brewster showed that there were 675 visions consumed old fields rooster crowing in the morn- such a provi- had plenty of them.Most people farms ranging from three and orchards.Perhaps no ing might not be such a bad sion surely points out how had gardens and it was no big acres to more than 1,000 acres, better example can be given thing after all. different we are from times not deal to go out to the henhouse with a value of about$5.5 than what happened to Mayo's so long ago. for an egg.If a rooster crowed,it million.Cranberry and straw- Duck Farm in East Orleans. Jim Coogan is a retired teacher I just finished reading a series wasn't anything unusual:It was berry farming,and the produc- When I was in high school,the from Sandwich.His column of reminiscences by Helmi part of the sounds and smells of tion of vegetables,including farm was still raising thou- runs every other Tuesday. Wiinikainen in the Barnstable how people lived. potatoes,asparagus and corn, sands of ducks on the bluffs Reach him at P.O.Box 1181, Patriot newspaper,about her A state survey done in found steady markets both overlooking Nauset Beach.Ten East Dennis,MA, 02641,or e- life as a young girl growing up 1922 on the population and locally and off Cape. years later,in the 1970s,it was mail him at coogan206@gis.net. t r \\