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Home My WebLink About2051 MAIN STREET (7) &'7 T '- q t TOWN OF BARNSTABLE 02-16-2005 TOWN MANAGER,JOHN KLIMM ATTORNEY DAVID HOUGHTON THOMAS GEILER THOMAS PERRY WE THE UNDERSIGNED NEIGHBORS OF THE TRI-CILLIS PROPERTY,LOCATED AT 2051 MAIN ST,BARNSTABLE REQUEST AN IMMEDIATE INJUNCTION AGAINST THE USE OF OVERHEAD LIGHTING CURRENTLY BEING UTILIZED. THESE LIGHTS WERE DEEMED 404 ILLEGAL BY THE TOWN TWO YEARS AGO AND THE OWNERS WERE INSTRUCTED TO REMOVE THEM. THEY HAVE NO PLACE IN A RESIDENTIAL NEIGHBORHOOD AND ARE EXTREMELY OFFENSIVE ON MANY LEVELS;MOST ESPECIALLY AT NIGHT,WHEN THEY DISTURB THE PEACE OF OUR HOMES !!! TO DATE,FINES LEVIED HAVE BEEN BLATANTLY IGNORED. PLEASE, TAKE LEGAL ACTION AGAINST THESE LATEST INFRACTIONS OF THE LAW-AS WELL AS THE. ON-GOING PUBLIC HEALTH ISSUES !!! PRINT NAME ADDRESS SIGNATURE f W; 11-j, ce#3� _r!D dolt ti�U..L 1)"7 Mosl `� o$sCT1jrl �, rT�rytuz.,- ec� . )iu-( p�44I , .[ I- ` /wtf4N. y ( jR1 c C(2-2rfri4SJ Ilt-\---. vl Adit IF ii.. ane. Ite-c Qw462 /-1U*4. S. ' 41.4' kiL-el , ; - f -iti4X,iiii. acalie4" zoW2 'I ') � -a---- or ouch)_. h �L_c1 _ -- of t-.,,,,i ivr, '1.1...a '7? --- ---L6R v / aed re gielii1,57,1 de,, ,,.\ -__Z__C___ _ Ae.% ?rie coy i ��.; r PRINT NAME ADDRESS SIGNATURE D7- .-,&.-..A.if„, , . :;-qi/ i 2l rr ic Nib , 3 ',Z dz ,.4u.,„u d,/,-. ji iiiii4feej d,1(0 7-`76./ii Skeeitt)b ,,_1_2.,,,L- --- UL ,, ',. • tr-i, i, ;,. .,,,, !. , , �- 1 (At I`� TOWN OF BARNSTABLE NST OFFICE OF TOWN ATTORNEY MAS' toss) 367 MAIN STREET HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.#:(508)862-4620 RUTH J.WEIL, 1°'Assistant Town Attorney FAX#: (508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney February9, 2005 www.town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant CLAUDETTE BOOKBINDER,Legal Clerk BY FACSIMILE AND FIRST CLASS MAIL Matthew J. Dunn, Esq., Assistant District Attorney Office of District Attorney Cape & Islands District 3231 Main Street P.O. Box 455 Barnstable, MA 02630 Re: Response to Motion to Dismiss p' Commonwealth v. Brenda Tri 4A((9 Barn. Dist. Ct. Crim. Nos. 0325CR002331 and 0425CR1766-1773 Dear Matthew: It was a pleasure speaking with you last Wednesday. Thank you for assisting us in the prosecution of the above complaints. I would offer the following in the hope that it will be of assistance to you in responding to the Defendant's Motion to Dismiss which is scheduled for hearing on Friday, February 11 (regrettably I will be off-Cape that day and unable to attend the hearing). In general, these complaints arise out of the operation of a stable•by the Defendant for about fourteen (14) horses at 2051 Main Street in Barnstable, which is located just around the corner of Route 132 on Route 6A behind the Community College Campus. In order to operate a stable in that area, one needs (1) a license from the Board of Health (G. L. c. 111, § 155) and (2) a Certificate of Appropriateness from the Old King's Highway Regional Historic District (c. 470 of the Acts of 1973) to erect and maintain outdoor lights and light poles for night riding (or any other purpose). The Defendant has neither but continues to operate both. Violation of Town regulations are a crime under G.L. c. 40 § 21, but they can be "prosecuted" "non-criminally" under § 21 D by giving an offender the opportunity to pay a $100.00 fine for each offense, which was offered to the Defendant but which she declined: having so declined, she reverts to to criminal prosecution under § 21. Violation of OKH regulations is a crime under section 6 of Chapter 470 punishable by a fine of$100.00 per violation. As to the specific contentions in the motion, I would offer the following. 20030213 crimdisc2 a 1. Excessive Fines. While I contest the veracity of the allegation, the short answer for purposes of a Motion to Dismiss would be that the punishment has no bearing on whether the offense was committed or not. 2. Authority to Regulate Composting. See number 3 below regarding composting. In her motion, she mistakenly applies G.L. c. 111 § 125A. That section modifies sections 122 and 125, which taken together allow a board of health to declare an activity a nuisance and if it is not remedied, abate it at the perpetrator's expense. All section 125A accomplishes is to carve out a limited exception for farming activities (stables are considered farming for these purposes) by (a) allowing for a shortened period (10 days) in which the alleged violator can appeal and (b) create an appeal to a District Court. The Barnstable Board of Health never dec:ared her stable a nuisance under sections 122 or 125, they instead revoked her stable license under section 155, which authorizes a board of health to make regulations for the handling of animal waste by stables, which regulations she has violated by not disposing of it as prescribed in the board's regulations. 3. Composting. She contends that as a composting operation, she is exempt from the Board's waste handling regulation. The problem with this assertion is that she was not a licensed composting facility at the time of these offenses, as demonstrated by the materials she has attached to her motion: see her exhibit numbers 2 through 5 to her supporting memorandum and note the dates of the tickets are all 2003; and see her exhibit number 7, she was not certified as a composting facility until 2004. The Board further contends that its authority to regulate waste handling under section 155 is not preempted by any statutes or regulations governing composting, so that even as a composting facility, she must comply with the Board's stable regulations for handling animal waste. There are no statements other than as noted above: there are no victims of the offenses charged. 4. Citations. You may be in a better position to respond to this than I (the same could be said of all the other assertions). I have not seen the citations, but if they contain the letters "OKH" for "Old King's Highway," that should be sufficient. 5. Excessive Fines. See paragraph number 1 above, incorporating the same further contention as to its veracity. 6. OKH exemption. She incorrectly asserts that she is exempt from the OKH Act (c. 470 of the Acts of 1973) because the so-called "agricultural exemption," G.L. c. 40A § 3, applies only to municipal zoning and only exempts the use of land for agriculture, which includes stabling horses. The OKH Act does not allow or prohibit any uses, it only regulates the outside shell of the structures employed in furthering the use(s) undertaken.employed that shelter the use look like See response to number 1 above. 20030213 crinidisc2 S I hope this assists you in responding to the Motion to Dismiss. Please call me if you have any questions or need additional information. Thank you again for your efforts on our behalf. Ve truly yours, 7. ).__ G /tdh T. DAVID HOUGHTON, Assistant Town Attorney Cc: Tom McKean, Director of Public Health Tom Perry, Building Commissioner 20030213 crimdisc2 (4:;;;INE To~cTown of II arnstabl[e , �,, s * .'�.,,,,,i� Office of Community and Economic Development BARNsrn8LE, * 230 South Street,Hyannis,MA 02601 9e6 ," 9.5 (508) 862-4683 Fax(508) 862-4725 "rfo1iAo Kevin J.Shea Director December 20, 2004 Ms. Brenda Tri Mr. Victor Lillis 2051 Main Street West Barnstable, MA 02668 Re: Property at 2051 Main Street, West Barnstable Dear Ms. Tri It has come to my attention that you are interested in re-applying for the town of Barnstable's Accessory Affordable Housing Program for the property at 2051 Main Street, West Barnstable. Please sign and date the enclosed application for site eligibility and return it to me with a check for the $100 fee payable to the Town of Barnstable at your earliest convenience. Your application will then be reviewed for project eligibility by the town. Also enclosed for your convenience is a program brochure so that you will have the opportunity to review the terms of the Accessory Apartment Program. Please feel free to contact me at (508) 862-4683 with any questions. Sincerely, - , f /(/, f 1 Elizabeth Dillen Special Projects Coordinator cc: Lois Barry Linda Edson •.°�t"E' TOWN OF BARNSTABLE dARNSTAdLE. OFFICE OF TOWN ATTORNEY MASS. N 1639. ,� 367 MAIN STREET lE% i HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.#:(508)862-4620 RUTH J.WEIL, 1"Assistant Town Attorney FAX#: (508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney CLAIRE R.GRIFFEN, Paralegal/Legal Assistant December 14, 2004 www.town.barnstable.ma.us CLAUDETTE BOOKBINDER,Legal Clerk BY HAND Nicole A. Manoog, Esq., Assistant District Attorney Office of District Attorney Cape & Islands District 3231 Main Street P.O. Box 455 Barnstable, MA 02630 °1' y. Re: Discovery Response Commonwealth v. Brenda Tri Barn. Dist. Ct. Crim. Nos. 0325CR002331 and 0425CR1766-1773 Dear Nicole: It was a pleasure meeting with you on Friday. I have enclose the following relative to the above Motion for Discovery 1. See copy of letter of Peter F. DiMaeto (no longer building commissioner) dated June 17, 2003, fourth paragraph, statement "Those poles you acknowledged have not been permitted by the Town of Barnstable." There are no other written or recorded statements of the defendant in the Town's possession. 2. There is no physical evidence of the allegations other than the light poles themselves: see enclosed copy of photograph of two of them. 3. There are no statements other than as noted above: there are no victims of the offenses charged. . 4. See response to number 1 above. 5. No promises, rewards, or inducements have been made to any witness by the Town or its officials. 20030213 crimdiscl 6. See response to number 1 above. Witness List It would seem from my examination of our files that there are three potential witnesses as follows. Thomas Perry, Building Commissioner and Jeffrey Lauzon, Building Inspector, both Town of Barnstable, 200 Main Street, Hyannis, Massachusetts, 02601 (see enclosed copy of summary of Mr. Lauzon's testimony dated February 5, 2004). Carl Wirtanen, 2141 Main Street, Route 6A, Barnstable, Massachusetts, 02630, an abutter to the defendant's property, can testify as to the placement of the lights and more recently the use of the lights. I do not have access to their probation records, but as far as I know, they have none. Time, Place and Manner of Offense All of the offenses are for the placement of the three light poles without having first obtained a Certificate of Appropriateness (akin to a building permit) from the Barnstable Historic District Committee. This has been a continuing offense since November 21, 2001. I hope it is of assistance to you in preparing responses to the Defendants' Discovery Requests, but if you need additional information, please contact me. Very truly yours, /tdh T. DAVID HOUGHTON, Assistant Town Attorney Cc: Tom Perry, Building Commissioner 20030213 crimdiscl c f-t 0 • NC 6 L (;r S, Gci tV k __ • fThE r Town of Barnstable •s Regulatory Services g Y * BAgIAB Thomas F.Geiler,Director 7 MAS3. ArfoA` Building Division • Torn Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 5,2004 Jeffrey Lauzon Building Inspector Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis,Ma 02061 Re: 2051 Main St,West Barnstable To Whom It May Concern: The following shall represent an overview of the events and circumstances resulting in the fines assessed to Victor and Brenda Cillis,2051 Main St,West Barnstable. 11-7-2001 Complaint received from concerned neighbor that light poles were being erected 11-21-2001 Letter written advising Victor and Brends Cillis of zoning violations concerning light poles 06-17-2003 Letter written again advising Victor and Brenda Cillis to obtain the proper permit for the light poles or dismantle them immediately 06-27-03 Wiring permit obtained for an unapproved gazebo 07-16-03 Memo written describing a meeting had between Victor and Brenda Cillis and David Mattos and Jason Silva.Memo explains how the Cillis's were civil and agreed to remove the light poles 07-29-03 Letter written giving Victor and Brenda Cillis until August 8,2003 to resolve violations or be subject to daily fines in the amount of$100.00 for each day of non-compliance 9-22-03 Daily inspections of site begin.Light poles are still up 10-17-03 Light poles have remained and additionally a gazebo has been constructed also without approval 11-14-04 Light poles still up as is gazebo(still no permits for either).Daily inspections conducted until this date and fines assessed. 02-05-04 As of today issue is still unresolved.Light poles and gazebo still erected. Sincerely: • Jeffrey L.Lauzon Building Inspector M� w, 21 slay ---) mow. I zk )O3 � P 11/29/04 Town of Barnstable Building Div. T. Perry Building Commissioner Dear Mr. Perry; We are in receipt of your letter concerning cancellation of Accessory Affordable Housing status. We wish to appeal this decision and request venue to appeal. Please notify us of all applicable information we may need (forms, dates etc.) any date after 12/5. Thankyou for your help in this matter. Sincerely NI 4,1 . Cillis B. Tri rx.c