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Home My WebLink About1344 HYANNIS BARNSTABLE ROAD tIVill V PCs 9 AS ns Sh 01;50 in 0:1 "wyal 'AM-0 A all?&ANN—0 W"ZO;Alto ZVI vil mown,ywoo own its,211VINA lots "t-mamh -novy, GAN 111FRI Slyl g%- loop SOV,tV Ems lam—= ywy`NEW AM M two MW YM19 M Mo min om I ON ME= TO%I low,Aso." Qyk',�in"gQ emy I,, —b"py MW nylon can,"Now WHOM KAN;Wflof M logo M W NO 0—y"M mom,"" 4,&Am,I17, mop-,4"QUIA"Ag now WINE rim Ulu X 00,,Hjmyw,�� QRV&,&�,V_av W,M.y np"_ 1 i,-; : MY limply I0:1 ............................Iagy X, .....................t r ` V r, ZISSON AND VEARA ' ATTORNEYS AT LAW 828 MAIN STREET DENNIS, MASSACHUSETTS;02638 TELEPHONE:(508) 385-6031 FAX (508) 385-6914 MAILING AD':DRESS: P.O. BOX 2031, DENNIS, MA 0 2 6 3 8-004 3 EDWARD E. VEARA E. JAMES VEARA RICHARD L. ZISSON PAUL V. BENATTI (1942-2006) CHRISTOPHER A. VEARA EDWARD T. PATTEN SHARON MARCHBANKS OF COUNSEL July 23, 2010 VIA CERTIFIED.'MAIL -RRR Alisha Stanley Properly Management Town of Barnstable J 100 Main Street Hyannis, MA 026011 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. For 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 traff 0 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 430 and 450 Braggs Lane. To date, we have had no response from you whatsoever. Accordingly,I am asking one more time that4his action be taken and that the driveway be closed off and barricaded to prevent the aforementioned truck traffic, or in the alternative, that we be provided, in:writing, evidence that the town has granted an easement or other property 6", 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 effectuatel,the same and the closure of this roadway over municipal property for private purposes. Cordially, Pw, Ed E. V e a rra EEV/so . Enclosure Cc (w/enc.): Thomas Perry, Building Commissionet' Ruth Weil, Town Attorney Gary Amster 1 r iS r ZISSON AND VEARA E ATTORNEYS AT LAW 828 MAIN STREET DENNIS, MASSACHUSETTS 02638 7 TELEPHONE (508) 385-6031 i FAX (508) 385-6914 MAILING AD':.DRESS: P.O. BOX 2031, DENNIS, MA 0 2 6 3 8-0043 EDWARD E. VEARA v E. JAMES VEARA RICHARD L. ZISSON PAUL.V. BENATTI I (1942-2006) CHRISTOPHER A. VEARA SHARON MARCHBANKS EDWARD T. PATTEN OF COUNSEL June 4, 2010 VIA CERTIFIED MAIL 1 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` E hur your reirsrence i i)ave enclosed a copy of ietiers ihai I have seat to [lie Building Inspector concerning zoning violations at the property located at 430 and 450 Braggs Lane in the Town of Barnstable and a cease agloI desist order. For your ease of reference I have also enclosed the relevant portion of the Barnstable Assessors map being map 291, which depicts the subject properties at 430 and 450 Braggs I ane in the Town of Barnstable. The purpose of this correspondence is in addition to enlightening you with respect to the 11 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 assessors map which is currently being used by those persons in control and owning 430 and 450 Braggs Lane as an access way to tljeir property. This access way is a driveway that has been cut from Hyannis-Barnstable Road, across municipal property to the property owned or controlled by Vetorino. . it . I I have not been able to obtain a copy of any form of easement, license, or other property I: right granted by the Town of Barn#table for means of passage over municipal property to those persons owning or controlling 430 Und 450 Braggs Lane. i is 1 = I 1 i tl s) ZISSON AND VEARA Alisha Stanley, Property Management June 4, 2010 Page 2 I found no town meeting article or vote authorizing a conveyance of any sort of property- interest in municipal property for Phis purpose to anyone including the owners of the Vetorino properties. A visit to this site, which is at the terminus of Hyannis-Barnstable Road as it meets the boundary line of the Route 6 layout clearly shows this driveway which has been constructed and I would ask that the Town immediaIlely 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 pla e notwithstanding the cease and desist order on the Vetorino properties. I request this action be imrbediate and if this request is not to be honored, please advise in writing as to the reasons therefor, as 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. Cordially, Edward E. Veara L 1..'Y rr��In1b / ; Enclosures 1? Cc: Gary Amster 4` i I; I i it j ; I i is Is jI I { 1