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HomeMy WebLinkAbout0030 THORNTON DRIVE (6) I , F r A F • Town of Barnstable Building Department Brian Florence, CB Building Commissioner 200 Main.Street;Hyannis,MA 02601 www.town.barmstable.ma.us Pre-application for Business Certificate Ma (� Parcel oG Date Y O�. � pP Applicant Information Applicants Name CG Fal �soy Applicants AddressT®.1/ Email Addi ess. ; S G c� /o 7,4419/'Z COS+ Telephone Nimaber Listed ❑ Unlisted ❑ Business Information / J �lO �C�i /I�__ Yes/ No New Business? �/�1�C�L1Y�_/�_-1__19-- `_-- Business is a registered corporation? ________________________. Yes No If yes Name of Corporation 1pl"t' 49 /9ClTo zeC- la R Does business operate under the registered corporate name? Yee No Is the business a sole proprietorship or home occupation? __-______ Yes N� If yes then a Home Occupation Registration is required—See Building Division Staff Name of Business Business Address A419 0o)d O1 Type of Business Aj -n A,'I C 5 wilding Commissioner Office Use Only C0 ti Building.Cornmissione Date Clerk Office Use Only i >n ., r' µ.. a m I r - T 7# w w.. _.,.n,.y -.r.•. _,�*w�7w"'y�,y��} K_,..r t. -'"�'x"'+�w ��" ac."..n`�rrv:.47."C'.�...'�"'+^ - w `4 r""� �. -. e rdti- a .��`!f`�: ♦.:.6►�a .. p ., p p � 4 i... .w r a j n ,o e 30-10k .lr=. Y w b r h 16 Py.1Tifa41ld1 P 1e)e Ift�A);C L �tQUsAi�: . a �. - { F x a METAT r •.: SCASH$ ' 5R Y99, ZZu •T'u"w!+.^w" � -r.., :.µme •,.. .. L_t t �..� n A f ,.,.. S^,w' �'"'..FK1l�c °" ."cam" ..•^. i�F�.�,,�.�i���*^�'.,`•9��F, �"�.��-'.;. ` t'�aa»�,,�,,,c k � .."•'- ,! .mrrf "� Y nr�rL,. fie.�.w, °'fur`.. t F �€+ 3'wr of ... - � - _ _Y `r'r�""�r �`y� ^"i..-+i�c"�i' "�` ',�".. tiE �,y��i �C�„'cy,a�y' "• "p'" a � _. _ " > ; ' .r,-,t y Y�,M1¢+ p2.f.r,�Y.��+,'�r"1tr� � r`�i;, ,S'+?...M�. `• �.. .. c' ... ,. - �r "��s to ;. ❑ r� -�+-�s ,,�, ' .. +.,. w e ,r R,+ 3 _ '-+Cp ^ r v �6� -�- `3 � ✓��t� �-�3v- off' Barnstable Assessing Search Results Page 1 of 3 r- Home: Departments:Assessors Division: Property Assessment Search Results New Search New Interactive Maps >> Owner: 2008 Assessed Values: MOSHER, BERT 30 THORNTON DRIVE Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $99,200 $99,200 296 /008/OOD Extra Features: $0 $0 Outbuildings: $0 $0 Mailing Address Land Value: $0 $0 MOSHER, BERT Totals $99,200 $99,200 P O BOX 1131 SO DENNIS, MA. 02660 2008 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $ 17.26 Fire District Rates Town Barnstable FD-All Classes $2.04 $6.58 C.O.M.M.-All Classes $1.03 Commerc Barnstable FD Tax(Commercial) $202.37 Cotuit FD-All Classes $1.33 $5.80 Hyannis-Residential $1.53 Personal I Town Tax(Commercial) $575.36 Hyannis-Commercial $2.35 $5.80 Hyannis-Personal $2.35 Other Rats W Barnstable-Residential $1.86 Communit, W Barnstable-Commercial $1.86 W Barnstable-Personal $1.86 Total: $794.99 Construction Details Building Property P SopelritLveg kdetch & ASBUILT C; Building value $99,200 Interior Floors Typical Style Indust Condo Interior Walls Minimum Model Com Condo Heat Fuel None Grade Average Heat Type None Stories 1 Story AC Type None http://www.town.bamstable.ma.us/assessing/assess/displayparcel08map.asp?mappar=29600... 4/9/2008 Barnstable Assessing Search Results Page 2 of 3 Exterior Walls Pre-tinsh Metl Bedrooms AS Roof Structure Gable/Hip Bathrooms 0 Full Roof Cover Metal/Tin living area 980 Replacement Cost $118768 Year Built 1979 Depreciation 16 Total Rooms Land CODE 3190 Lot Size(Acres) 0 Appraised Value $0 AsBuilt Card N/A Assessed Value $0 iew Interactive Maps >> Sales History: Owner: Sale Date Book/Page: Sale Price: MOSHER, BERT Jun 2 2005 12:OOAM 19896/329 $ 110,000 ROBINSON, CHRISTINE SABO Mar 7 2003 12:OOAM 16521/211 $ 110,000 ELWELL, RICHARD E&BRENDA May 15 1994 12:OOAM 9213/114 $27,000 MCCARTHY,GERALD P,TRUSTEE May 15 1992 12:OOAM 8031/072 $ 100 BURKE,JAMES M TRS Feb 15 1980 12:OOAM 7069/258 $ 100 BURKE,JAMES M TRS 7069/258 $ 100 COREY, CHARLES E SR 5453/326 $65,000 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area (Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area (Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck http://www.town.bamstable.ma.us/assessing/assess/displayparcel08map.asp?mappar=29600... 4/9/2008 Map Page 1 of 1 Town of Barnstable Geographic Information System Parcel Viewer Custom Map Abutters Map Size Zoom Out g In 7PG Map: 296 Location: 8009 � r Owner: D 4 f y �-�2�sat ....................__..__...,... [Location In Map &Parce Location x a Acreage r t ° f Current € sA 29t3aa7 ^' Mailing Addi 71 all r � 2df60a6CNt) ��� y� ` � l Appraised r Gu i Extra Featur 3»1 Out Building / Land Buildings Total Apprai n #° �r2a3aotz crao'. `' V Assessed V NO ' s � .t2 � Extra Featur Out Building Land -. Buildings Total Assess Set Scale 1" = 94 ) April 2001 Hi Res ..................................................... Copyright 2005-2007 Town of Barnstable,MA All rights reserved.Send questions or comm( BarnstableMA v0.2.91 [Production] http://www.town.bamstable.ma.us/arcims/appgeoapp/map.aspx?propertyID=29600800D&... 4/9/2008 �IMME Sign AB . * TOWN OF BARNSTABLE Permit BARNgrMASS. 9$ 1639. iOlFp •�A Permit Number. Application Ref: 200701861 20070022 Issue Date: 03/28/07 Applicant: MOSHER, BERT Proposed Use: Permit Type: SIGN PERMIT Permit Fee $ 25.00 Location 30 THORNTON DRIVE Map Parcel 29600800D Town BARNSTABLE Zoning District IND Contractor PROPERTY OWNER Remarks NEW SIGN MID CAPE RECYCLING 508-771-1009 Owner: MOSHER, BERT Address: P O BOX 1131 SO DENNIS, MA 02660 Issued By: PC , \ i POST TIIS CARD SO THAT Y5 VISTBLE`';FROM THE STREET Town of Barnstable Regulatory Services Wit, o� fm Thomas F. Geiler,Director flr� 9rr "arX.� Building Division M I Gl 639;� Tom Perry,Building.Commissioner Cr. U l✓� 200 Main Street,Hyannis,MA 02601 '' www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-62 6 Permit# vb Application for Sign Permit *' Applicant: f°Yq Map &Parcel# # ' Doing Business As: elephone No., g-771 Sign Location Street/Road: ID �/ koxtpiy PA . r"= Zoning District: Old Kings Highway? YeslNo Hyannis Historic District? Yes/No Property Owner Name: T3u2i� b Telephone: r Address: G/tifb� nf�1 V� Village: Sign Contractorp_ Name:_ C Telephone: I�j Mailing Address: a Y1 Y1 � v�6'�- Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? YqG (Note:If yes, a wiring permit is required) Width of building face ft.x.10= x.10= Sq.Ft. of proposed sign I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of§240-59 through §240-89 of the Town of Barnstable Zoning Ordinance, f Signature of Owner/Authorized Agent: Date; Permit Fee: Sign Permit was approved: Disapproved: Signature of Building Official: Date: �. In order to process application without delays all sections must be completed. Q:IWPFILESISIGNSISIGNAPP.DOC (\J Rev.9/12/06 ��/j� c v /y d / 6 r b y 31 Thornton Dr., Barnstable 3116/07 Az i Town of Barnstable -*THE raw y�P ti� Regulatory Services Thomas F. Geiler,Director + BARNSCABLE, *1 90 MASS. $ Licensing Authority t63q. �0 OArf0 MA1 A, 200 Main Street Hyannis,MA 02601 www.town.barnstable.ma.us Telephone: (508) 862-4674 Fax: (508) 778-2412 September 24, 2007 Timothy J. Ferreira Mid Cape Metal Recycling t30D=Thornton-9rivl e-----;, Hyannis, MA 02601 DECISION — SHOW CAUSE HEARING 9/17/07 A Show Cause Hearing was held at 9:30 a.m. on 9/17/07 regarding Timothy J. Ferreira, d/b/a Mid Cape Metal Recycling, 30D Thornton Drive, Hyannis as it has been reported by staff of - the Barnstable Police Department, the Barnstable Building Division and the Barnstable Public Health Division, that on various dates between August 1, 2007 and August 14, 2007 that he did: (1) violate the terms of his Junk Dealer's License by buying motor vehicles (Brown Buick VI #1 G4AH51 N3KT476616); (2) operate his business in a place other than a place that was licensed (31 Thornton Drive and 53 Thornton Drive, Hyannis); (3) have more than one unregistered vehicle on property leased by him at 53 Thornton Drive in violation of Barnstable Ordinance 228-1; (4) fail to cover a container of household trash- in violation of Barnstable Ordinance 353-2; (5) allow an open five gallon bucket of used oil to be stored out of doors in violation of Barnstable Ordinance 108-9; (6) violate Barnstable Ordinance 353-1 by allowing a large pile of used air conditioners to be stored out of doors on the ground; (7) violate Barnstable Zoning, Chapter 240, by maintaining a dwelling unit at 30D, such dwelling unit without benefit of permits or inspections; (8) maintain more than 12 uncovered dumpsters with various types of scrap metal to be stored at property at 53 Thornton Drive without benefit of a Junk Dealer's License or Salvage Yard License under Chapter 502. Chairman Hoxie read the above notice for this hearing and introduced Thomas Geiler, whom he stated will present evidence. He then swore in any witnesses who would be testifying. Mr. Geiler introduced himself as the Director of Regulatory Services. He stated he would introduce individuals from several Town departments who would testify. He called Patrolman Steve Maher, Barnstable Police Department, Donald Desmarais, Health Inspector, Robin Giangregorio, Zoning Enforcement Officer, and Jack LeBoeuf, Building Inspector to testify. Present to represent Mr. Ferreira was Attorney James Connors. He questioned each of the Town witnesses on their testimony. He also passed out a Memorandum of Understanding to the Board Members. Q:\WPFILES\LICENSING\SHOW CAUSE HEARINGS\Mi4CapeMetalDecision9-17-07ShowCause.DOC Mr. Geiler then asked to question Mr. Ferreira, which he did, and Mr. Ferreira was cross examined by Attorney Connors. Mr. Geiler summed up the testimony and case presented by the Town. Attorney Connors summed up the case presented on behalf of Mid Cape Metal Recycling. Cornelius Trowbridge also testified as a part-owner of property on Thornton Drive as to the conditions and feelings of the neighbors on Thornton Drive. He was cross examined by Attorney Connors. Mr. Hoxie asked the Board, after some discussion took place, to propose findings. A motion was duly made by Gene Burman regarding Timothy J. Ferreira, d/b/a Mid Cape Metal Recycling, 30D Thornton Drive, on the following counts that he has been charged and proved to be in violation of his license and found guilty on all counts. Mr. Sullivan found him guilty on counts 1 — Did violate the terms of his Junk Dealer's License by buying -motor vehicles (Brown Buick VIN #1 G4AH51 N3KT476616), 2 - Operating his business in a place other than a place that was licensed (31 Thornton Drive and 53 Thornton Drive, Hyannis), 3 - Did have more than one unregistered vehicle on property leased by him at 53 Thornton Drive in violation of Barnstable Ordinance 228-1, 4 - Did fail to cover a container of household trash in violation of Barnstable Ordinance 353-2, 5 - Did allow an open five gallon bucket of used oil to be stored out of doors in violation of Barnstable Ordinance 108-9, 6 - Did violate Barnstable Ordinance 353-1 by allowing a large pile of used air conditioners to be stored out of doors on the ground, and 8 - Did maintain uncovered dumpsters with various types of scrap metal to be stored at property at 53 Thornton Drive without benefit of a Junk Dealer's License or Salvage Yard License under Chapter 502, questioning Count 7 - Did violate Barnstable Zoning, Chapter 240, by maintaining a dwelling unit at 30D, such dwelling unit without benefit of permits or inspections. Mr. Burman then duly proposed that he could not find Mr. Ferreira guilty on Count 7, which was seconded by Paul Sullivan and a unanimous vote taken of not guilty. On Count 8 Mr. Burman proposed a finding of guilty which was seconded by Paul Sullivan except for the number 12; he does agree with the 12. There was a unanimous guilty finding, deleting the number of units. Mr. Hoxie reiterated that the Authority had found Violations 1-6 and 8 guilty; 7 not guilty. A recommendation was proposed by Paul Sullivan on the following: (1) Violation of the terms of the Junk Dealer's License by buying motor vehicles (Brown Buick VIN #1 G4AH51 N3KT476616 - 1 day suspension, seconded by Gene Burman and a unanimous vote taken; (2) Operating his business in a place other than a place that was licensed (31 Thornton Drive and 53 Thornton Drive, Hyannis)1 day suspension (in addition to the first day suspension); seconded by Gene Burman, and a unanimous vote taken; (3) Did have more than one unregistered vehicle on property leased by him at 53 Thornton Drive in violation of Barnstable Ordinance 228-1 - that a warning be issued; Gene Burman seconded; a unanimous vote was taken; (4) Did fail to cover a container of household trash in violation of Barnstable Ordinance 353- 2 - that a warning be issued; Gene Burman seconded, a unanimous vote was taken; 2 (5) Did allow an open five gallon bucket of used oil to be stored out of doors in violation of Barnstable Ordinance 108-9 - 1 day suspension; Gene Burman seconded, a unanimous vote was taken; (6) Did violate Barnstable Ordinance 353-1 by allowing a large pile of used air conditioners to be stored out of doors on the ground Gene Burman recommended a warning be issued because there is some doubt about the illegal dumping; Paul Sullivan seconded, a unanimous vote was taken; (7) No action was taken as finding was not guilty; (8) Did maintain more than 12 uncovered dumpsters with various types of scrap metal to be stored at property at 53 Thornton Drive without benefit of a Junk Dealer's License or Salvage Yard License under Chapter 502. Paul Sullivan recommended a warning be issued; Gene Burman did not second; stating he considered this serious; Mr. Burman then made a motion for a 1 day suspension; Paul Sullivan seconded that motion and a unanimous vote was taken. Mr. Hoxie reiterated that the total punitive action imposed is a four day suspension and three warnings. The suspension date was set for October 22, 23, 24 and 25, 2007, and the hearing date for the application for#53 Thornton Drive was set for October 29, 2007. It was also ordered by the Licensing Authority that Mr. Ferreira provide the Authority with a business plan for his application for#53 Thornton Drive prior to the next hearing. The Licensing Authority agrees to stay the implementation of the suspension period while any appeal action is pending. The licensee/applicant is hereby directed to immediately cease any dismantling of vehicles, the outdoor storage of unregistered vehicles, the storage of junk, scrap metal or recycled metal out of doors, the outdoor storage of dumpsters or containers and the outdoor storage of trash, garbage or refuse except that each address may have one covered appropriately sized container for normal trash disposal. • Town of Barnstable Licensing Authority cc: James Connors, Esquire, Town Attorney, Chris Olsen, Barnstable Fire Department, Donald Desmarais, Health Department, Lt. JoEllen Jason, Barnstable Police Department, Patrolman Steve Maher, Barnstable Police Department, Robin Giangregorio, Zoning, Tom Geiler, Regulatory Services; Martin Hoxie, Licensing Authority, Gene Burman, Licensing Authority, Paul Sullivan, Licensing Authority 3 The jDarn5tabre J)atriot SEPTEMBER 21,2007 S e Ction PAGE A:9 SSmidAwCape ing hi with fourAwda y* . suspension p a k.s,r l: i.s .sw fig, n mp Owner plans to ' appeal licensing boardWTALAMTOM decision []NOW CONTAINER SERVICECOP -BRASS-ALUMINUM t-JUNK CAR RElu10VALPER u {.p1,' p STEEL CONS?SITE GLEAN-UP By Heather YYySOCkI $SCRAP METAL REMOVAL�i76-DEMOLITION&OEBRIS REMOVAL �' `+ ' ��- lopshwysocki@barnstablepatriot.com �. PDUMP RUNSHyannis business owner who BUYING SERRP METRI faced possible revocation of his license was given a four-day EDWARD F.MARONEY PHOTOS ' E2 suspension by the Barnstable Licensing BUSINESS TO BUSINESS—The town has been Authority Monday. critical of operations at Timothy Ferreira's : ,� r �,NM Timothy Ferreira,owner of Mid-Cape neighboring companies on Thornton Drive pFFICE Metal Recycling,faced eight charges, in Independence Park, arguing that what is �°AT � . including violations reported by the po- Ferreira's rr permitted at one site is not allowed at the other. _ ## , lice,building and health departments. Ferreira denies any violations. r Tom Geiler, director of regulatory services,said Ferrieira's Mid-Cape Metal Recyling,located at 30D Thorn- ers piled against the building,cars that ton Drive in Independence Park,was seemed to be in the process of being?. conducting business at neighboring dismantled-,and other violations. numbers 31 and 53 Thornton Drive, Don Demaris,a health inspector for -viL 2 N where his hauling business,Ferreira's, the town,said that three violations (in is located. Ferreira's junk dealer's cluding the uncovered oil drum) were license only applies to the 30D location. found at 53 Thornton Drive,which is area with a dresser and some cooking Patrol officer Steven Maher of the located in a Zone Two water protection supplies could have been used as an. Barnstable Police said he had"received area.There was,he said, "not any care unregistered apartment. some complaints"from nearby business used'in the store of this oil."Demaris Ferreira said this was an area owners.When he went to inspect the said hazardous materials not allowed in ,where...we go there to eat lunch,to location,he said,"All of the business that area were found on the property. wash our hands."The charge regard- seemed to be conducted out of 31 and Robin Giangregorio,a zoning ing the apartment was dropped by the 53." enforcement officer,also inspected licensing authority. On Aug. 14,members of Barnstable's . Ferreira's business after receiving Regarding all of these charges,Fer- police department,health division and complaints. She said she found"typi- reira.told Geiler, "You're absolutely building division inspected Ferreira's cal...debris that you would find in il- wrong.You're absolutely confused." business at 30 D and reported viola- legal dumping.' tions including a five-gallon oil drum Building inspector Jack Leboeuf standing uncovered,used air condition- testified that inside 30D, an upstairs CONTINUED ON PAGE A:11 _ Im I 1 ....rrentiy coal The writer,a Sandwich resident IS rs uric Power For oif fueled profitably fuels the other vice presideni of Clean Power Now, u I plants. it's now, at least three units at both those which can be contacted at www. power plants. cleanpowernow.org.L ,. IR Jr . Ca C Meto Rccypc l CON TINUED FROM PAGE A:9 doesn't hold a license, "We handed down afour-day ,. If '< According to Ferreira and did not do that,"Ferreira suspension for charges in 2 his lawyer,James Connors, said. Ferreira was not violatin Ferreira was using the cluding violating the terms g g of a junk dealers license; any of the restrictions of his 31 and 53 Thornton Drive operating out of a junk dealer's license.In its locations, Connors said in place' description,they said,was conjunction with 30D.His other than where the buss f'-, t a stipulationness was licensed;allowing`"` allowing junk hauling business,Ferreira's, an uncovered bucket of oil dealers to operate business operates out of those spots. to be stored on the prop- "from place to place,"which He uses 30D only as an of- ert allowed Ferreira to use the 31 _fice; Connors said. Y, and maintaining un- �! and 531ocations for his work. Despite covered"dumpsters on the Connors'and 3 Connors said Ferreira Ferreira's explanations, property.Ferreira received maintains that the used wings for three charges You were told by inspec- and was found not guilty air conditioners and other tors that several things had of keeping an unregistered hazardous materials found to be corrected,"Geiler on the site were dumped said.However, "(Ferreira apartment. Ferreira and Connors plan illegally on his property, decided he was not going to on appealing the decision, j ?` Regarding the dismantled do that.He was not going The suspension will t 1 cars seen on the property, to comply. ake a use for which Ferreira place Oct. 22 to 25 pending f The licensing authority appeal. r' ro tjPermlark } � �k► 9Q!ri9°na ZZ r1 � (WWtfi7� R° � fj5"a�x a '„p✓r' �m,��'' 'w "C�`+"$`F, ��' aas ; ?; �GrB , e` l,''k Y 1 ti y rjvhaf 0.. ghop, l no Si on ; hr 90 unique Cape Cod shops and national stores • restaurants • cinema • s special 3 ,r • p events fed n i:. 00. th i - r is i Y`b �. 57 wf' $ t Mashpee Rotary, Routes 28& 151 •508-477-5400•mashpeecommons.com Wireless Hots o K i zyr p 28 �h t s Cs���o<z�at�iiuy axna e, GA QW 026',30 (508) 744--15M *CPaa.• (508),36-2-7770 WmatiCc com September 17, 2007 Town of Barnstable Regulatory Services Licensing Authority 200 Main Street Hyannis, MA 0260-1 Re: Timothy J.Ferreira Show Cause Hearing Dear Members, Please let flis letter serve as a memorandum of understanding that may aid.in the interpretation of the operations of various businesses owned by Timothy J. Ferreira and located at. 30D Thorton Drive_d/6/a Mid=Cape, 53TThorton ve;and-3l`Thorton Drive d/F/a Ferreira_s Mr. Ferreira holds a Junk Dealers License ay 30D Thorton Drive, a Auto Repair, Recycling and Debris Removal Business Certificate at 31 Thorton Drive,'and is currently applying for a Class III Junk Dealers License for 53 Thorton Drive.' Copies of this documentation are attached hereto as Exhibit To facilitate addressing the concerns outlined in the Show Cause order letter of August 28, 2007 and annexed hereto, each concern will be addressed individually,subject to objection as to the properties located at 31 and 53 Thorton Drive. (1) The Buick automobile was stored inside at 31 Thorton Drive, inside the building and is no longer on site under the benefit of the Business Certificate. See, Exh. "I Auto Repair, Recycling, and Debris Removal" This vehicle was never stored at 30 D Thorton Drive. See, ' The application for the new Junk Dealers License has been continued until after the Show Cause Hearing at the request of the Town. 1 Licensing Authority Minutes, March 19, 2007,pg. 3 attached hereto as Exhibit "2. " (2) All operations of the business are pursuant to the designated license. From time to time an item may be on a vehicle that is temporarily parked on an adjoining property operated by one of the businesses owned by Mr. Ferreira, but the nature of a Junk Dealer is to go from place to place as defined by G.L. c. 140 § 56. (3) It is not known what unregistered vehicles are located at 31 Thorton Drive as there are none on site. Sometimes vehicles associated with the towing are temporarily in site. (4) The dumpster claimed to be in violation of Barnstable Ordinance 353-2 was an open container type of dumpster that does not contain a cover. If household rubbish was contained in this container hat was ready for transport when it was inspected, it was through inadvertence. Mr. Ferreira does not store any household rubbish in the operation of his numerous businesses inconsistent with Town Ordinances.. (5) The oil contained in a five (5) gallon container was the product of illegal dumping which plagued the cite prior to occupation.by Mr. Ferreira. Prior to occupation by Mr. Ferreira, the area was a known illegal dumping site. Mr. Ferreira at his own expense has made tremendous improvements at abatement of illegal dumping as noted in numerous letters circulated regarding this issue. See, letters regarding illegal dumping attached hereto as Exhibit 3. (6) The large pile of air conditioners allegedly stored on the property,unspecified, are gone. From time to time,people drop of air conditioners and other items during regular business hours. However;ftom time to time,people drop off items at the property after hours despite that claim the property is video tape monitored. (7) The alleged dwelling located at 3OD Thorton Drive is nonexistent. The facility contains a toilet and shower for use by Mr. Ferreira and other contractors associated with his business. Due to'the nature of Mr. Ferreira's type'of work, it is common to become quite dirty during the course of work. There has never been a person residing in this unit, as this.facility does not contain the amenities-necessary for habitation:other than a toilet and shower. See, Exhibit "4. " (8)Mr. Ferreira is a hauler of scrap metal. The nature of this business is not storage of materials, but to move the scrap materials on a regular basis, Pursuant to the Show Cause order, Mr. Ferreira is required to show cause why his Junk Dealers License for 30D Thorton Drive should not be modified, suspended or revoked. It appears abundantly evident that due to Mr. Ferreira being in control of three (3) separate properties on the same street, that the licensing issues addressed in the Show Cause order, are vague and ambiguous. 2 I Each property is separately identified and has the benefit of separate recognition from the Town. The licensing for each property allows for specific uses. The Show Cause order seeks to address specific issues that are inaccurate or incorrect as they address three (3) separate properties in the Show Cause order, but does not address areas of concern unique to 30D Thorton Drive only, and independent of 31 Thorton Drive and 53 Thorton Drive. Although each business has independent identity and Town recognition, at times a company vehicle acting under color of one business operation, may be temporarily parked at.a separate location. A Junk Dealers business is necessarily built on mobility, which G.L. c. 140 § 56 expressly recognizes. It is hoped that this memorandum of understanding will provide useful insight for the Town in its analyzation of concerns addressed in the Show Cause order. Irrespective of confusion regarding.each separate property, Mr. Ferreira desires to be a good neighbor in this Town. His work in greatly improving the unsightliness of illegal dumping has not gone unnoticed. Very truly yours, a4es P. onnors 3 i Town of Barnstable 0�iHE r°wti Regulatory Services Thomas F. Geiler,Director + BARNSTABLE, 9a MASS. $ Licensing Authority - i639• DM A' 200 Main Street Hyannis,MA 02601 www.town.barnstable.ma.us. Telephone: (508) 862-4674 Fax: (508) 778-2412 August 28, 2007 Timothy J. Ferreira Mid Cape Metal Recycling 30D Thornton Drive Hyannis, MA 026�01 Dear Mr. Ferreira: It has been reported to us by staff of the Barnstable Police Department, the Barnstable Building Division and the Barnstable Public Health Division, that on various dates between August 1, 2007 a.nd August 14, 2007 that you did: (1) violate the terms of your Junk. Dealer's License by buying motor vehicles (Brown Buick VIN #1 G4AH51 N3KT476616); (2) operate your business in a place other than a. place that was licensed (31 Thornton Drive and 53 Thornton Drive, Hyannis); (3) have more than one unregistered vehicle on property leased by you at 53 Thornton Drive in violation of Barnstable Ordinance 228-1; (4) fail to cover a container of household trash in violation of Barnstable Ordinance 353-2; (5) allow an open five gallon bucket of used oil to be stored out of doors in violation of Barnstable Ordinance 108-9; (6) violate Barnstable 353-1 by allowing,a large pile of used air conditioners to be stored out of doors on the ground; (7) violate Barnstable Zoning, Chapter 24.0, by maintaining a dwelling unit at 30D, such dwelling unit without benefit of permits or inspections; (8) maintain more than 12 uncovered dumpsters with various types of scrap metal to be stored at property at 53 Thornton Drive without benefit of a Junk Dealer's License or Salvage Yard License under Chapter 502. You are hereby ordered to appear at a show cause hearing to be held by the Town of Barnstable Licensing Authority on Monday, September 17, 2007 at 9:30 a.m. or as soon thereafter as practical, in the second floor Hearing Room, Town Hall, 367 Main Street, Hyannis, to show cause why your annual Junk Dealer's License for property at 30D Thornton Drive, Hyannis should not be modified, suspended or revoked. You have the right to be represented at this hearing by counsel of your choice and will have the opportunity to present evidence and question witnesses. Respectfully, I i Town of Barnstable Licensing Authority cc: Barnstable Police Department Barnstable Building Division Barnstable Health Division Town Attorney 2 EXHIBIT 46 1" 4 NUMBER ' 1 FEE 1$ THE COMMONWEALTH OF4SSACHUSETTS $50.00 TOWN .OF.BARISTABLE r: �:: This is to Certify that.a License is hereby.granted to Timothy J.Fere ra: . . .................. DBA Mid CapeMetal Recycling .............. o ......................... n Drive Hyannis................................................, TO BE,A JUNK;,D,EALER IN' ' P r "� FOR C ,SALE OR BARTER IN JU ME D D HA CLES Hyannis .. insaid................................................ i ,eo dance onweal s achusetts relating thereto,the ordinances and by-laws.of said...B.:• s&l s c i 1 gla :!rovid r the supervision thereof. This license shall continue in force unt 200 d s der revok s lect sections two hundred and two to two hundred and five,.inclusive, of the G e a . a. 0 s: n . Restrictions: No unregistreed vehicles to be left outdoors on the ��+ r t or sold with this license. No hazardous materials may be stored except minimal amounts regr,�i . of {fig, mc�ca aintenance. By order of the Licensing authorities ISSUE DATE:_Ma 1 '2007 ✓Linda Hutchenrider Clerk THIS sI?•ICENS MUST,: BE POSTED IN' A .CONSRICUOUS PLACE r: ' t • TOWN OF BARNSTABLE MAS SACHUSETTS B A R N,TA F BUSINESS CERTIFICATE T 0 W�' IN r R DATE ISSUED: 01/16/2007 DATE RENEWED: BOOK 193 RENEWAL BOOK: g WA P :56 PAGE 07-024 . DATE DISCONTINUED: CERTIFICATE EXPIRES: 01/16/2011 DISCONTINUED BOOK: DISCONTINUED PAGE:. In conformity with the provisions of Chapter One Hundred and Ten(110), Section Five(5)of the General'Laws, as amended,the undersigned hereby declare(s)that a business is conducted under the title below, located as shown,by the following named person,persons or corporation: FERREIRA'S 31 THORNTON DRIVE,HYANNIS MAILING ADDRESS: 80 QUAKER ROAD HYANNIS, MA 02601 TIMOTHY J FERREIRA 80 QUAKER ROAD HYANNIS, MA 02601 Si tune THE ABOVE NAMED PERSON(S)PERSONALLY APPEARED BEFORE ME AND MADE OATH THAT THE•FOREGOI' STATEMENT IS TRUE. ITLE Identification Presented: DATE: January 16, 2007 `PLEASE NOTE: IT 1S THE RESPONSIBILITY OF THE APPLICANT TO OBTAIN ANY LICENSES AND PERMITS REQUIRED BY THE BUILDING,HEALTH AND CONSUMER:AFFAIRS DEPARTMENTS FOR THE LEGAL OPERATION OF THIS BUSINESS IN THE TOWN In accordance with the provisions of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5 of the Mass General Laws Business' Certificates shall be in effect for four years from the date of issue and shall be renewed each four years thereafter. A statement under must be filed with the city clerk upon discontinuing, retiring or withdrawing from such business or partnership. , 4y s Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request:during y : regular business hours to any person who has purchased goods or services from such business. L. Violations are subject to a fine of not more than three hundred dollars ($300)for each month during which such violation continues: ;r - e..,..: CERTIFICATION CLAUSE I certify under the penalties of perjury that I,to the best of my knowledge and belief, have filed all state tax returns and paid all state : taxed required under law. , J r * Signat of Ldividual or Corporate Name(Mandatory) By: Corporate Officer(Mandatory if applicable) ** or Federal ID Number * This license will not be issued unless this certification clause is signed by the applicant. ** Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met.tax filing or tax payment obligations. Licensees who fail to correct their non-filing or delinquency will be subject to license suspension or revocation This request is made under the authority of Mass. G.L. Cha 62C, S. 49A. Y i• �. Ali sha L. Parker Hazardous Materials Op tHE•Tp� •".�� Specialist anRNsrAat,e, Town of Barnstable YOU WISH TO OPEN A BUSINESS? MASS. a Department of Regulatory Services .639• oTfD MP�b �s (.cost$30.00 for 4-years). A business certificate ONLY REGISTERS YOUR NAME in town [which PUBLIC HEALTH DIVISION permission to operate,]. Business Certificates are available at the Town Clerk's Office, 1°` FL., 367 Tel: ai St nis,MA 02601 508.862-4644 A ill) Office Hours: ax:(508)790-6304 8:30a-9:30a(Tc;W'Th) alisha.parker@town.barnstable.ma.us 1 DATE: /� O APPLICANT'S YOUR NAME: ,vio AxI `\T. c=`C e i-<3L w� BUSINESS YOUR HOME ADDRESS: $CJ �.P.�1 �scg--22 dry -I nnn� TELEPHONE # :0- a.24.1/ Home Telephone Number NAME OF NEW BLISIIVESS tZ£-i szA IS THIS A•'HOME O(_-,Ci7PATION?. E OF SINES YES )yD TYPE. . � B U . g, Have you been given•ap. 'rovahfrb.m the build.in'g:di..... '? YES ►�►O p: ADDRESS'OP BUSINESS a :MAP/:PARCEL�.NUMBER ' When starting a new business there are several things.you must do in.order.to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you-in obtaining the information you may need. You MUST' GO Rd. & Main Street) TO 200 Main St. (corner of Yarmouth to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BL`1LDING'COMMISSIONER'S OFFIC This individual has en informe f any permit requirements that pertain to this type of business. Authprized Signature COMMENTS: AA A co lee 2. BOARD OF HEALTH _ This individual has been ' orme of permit requirements that'pertain to this type of business. Authorized Signature** COMMENTS: . ZZI7" /�f' cTio 3, CONSUMER AFFAIRS (LICENSING AUTHORIT \ ` This individual has infor of the li i e&. rents that pertain to this type of.pusiness. - . Authorized Signature.* .COMMENTS: •Aug. 21. 2007 3: 26PM No. 0481 P. 7 �pTHE Town of Barnstable Regulatory Services mm ss I'$'a Thomas F. Gsiier, Director Licensing Authority 200 Main Street Hyannis, MA 02601 www.town,barnstable.ma.us Office: 508-862-4674 Fax: 508-778-2412 NOTICE OF PUBLIC HEARING NEW JUNK DEALER LICENSE In accordance with Chapters 140 Section 54 of the General Laws, as amended, Timothy J. Ferreira, d/b/a Mid Cape Metal Recycling, 53 Thornton Drive, Hyannis, MA, Timothy J. Ferreira, Manager, has petitioned the Barnstable Licensing Authority for a New Junk'Aealer's License. Said hearing will be held on Monday, August 27, 2007 at 9:30 a.m. or as soon following as practical in the Town Hall Building, 2nd Floor Hearing Room, 367 Main Street, Hyannis. Martin E, Hoxie, Chairperson Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority Dated: August 8,.2007 Aug. 21. 2007 3: 25PM No, 0481 P. 2 TOWN OF BARNSTABLE pRenewal � lication LICSNSE APPLICATION s `MAM 200 Main StreetT r Hyannis,MA 02601 V� Other 508-861-4674 Z{ J d otG y �— - NO BUSINESS MAY OPERATE WrmouT A VALID LICENSE ON THE PIUMSES �-- Name of applicant/corporation: � � � _ _ Home phone#: MLM-16 8 1i���__�,sL�c� Business hone#: 'sue7,(�Tod Address of applicant/corporation: �L� p �••••�-�� zy) {llt- f i a4 t,.._ 91>_�d e.4_L'j G — Business phone t Business location: Business mailing address: o - Local business address: -53 a,nitisA. Local mailing address: r - LICENSETYPE: ss d Annual Seasonal _ .s:.. ... ..1 , .. .....W.. -------- HOURS OF OPERATION: ��� - y'oo�s FID Name of manager: t5a erQ Q S o,too ve ��v1LL1 I J;� t` e- ''`'t Local mailing address: ..................o..,........w........,..... Manager's Permanent mailing address: 180 QAkeA- Manager's home phone#: Business phone#: -_a__ _ Name of property owner. & ,L_ f'(ow4c).z:t ASSESSOR'S MAP/PARCEL#: MAP o� /� PARCEL LjC�pp List any flammable substance or hazardous waste used In business(specify): Applicants most coatatct the Building Com issioner's office, (508) 862-4038, the Board of Health office, (508) 862-4644, and the appropriate Fire District office to schedule inspections. Signature of applicant 4::f� .......................................... ......:............................................................................ .... . ............,...................................... Fo n use only REAL ESTATE TAXES PAID IN FnL PAYMENT AGREEMENT!N EFFECT ON IS THIS USE.PERMITTED WITHIN THIS ZONING DISTRICT? YES NO INSPECTORS APPROVAL Capacity set by Building Division. Building/Zoning _..... Date Board of Health-_ Date Wire Date .._. Plumbing Date ..,. _.. r r: Gas Date t Fire District Date Comments:- We-Liceiuing Avihomy Canary•H&IM Division Gold-80ding Commissaw Pink-Fire Dcmfinent 'Aug, 21' 2007 3: 25PM No. 0481 P. 3 The Commonwealth of Massachusetts 1 Department of Industrial Accidents Office of Investigations i f 600 Washington Street f. Boston,-IA 02111 c www.mass.gov/dia Workers' Compensation Insurance AfIIdavit: General Businesses Applicant Information Please Print LeV bly Business/Organization Name: C4a rj Z7e7L J2Ccyc a 10 C Address: City/State/zip: S Phone#: Are you an employer?Check the appropriate box: Business Type(required): 1.© I am a employer with employees(full and/ 5. ❑Retail r part-I'm 6. Restaurant/Bar/Bating Establishment Z. I ant a sale proprietor or partnership and have no y. Office and/or Sales(incl.real estate;auto,etc.) employees working for me in any capacity. [No workers' comp,insurance required] 8. ❑Non-profit 3.❑ We are a'corporation and its officers have exercised 9. C]Entertainment theirright of oxemptiou per c. 152,§1(4),and we have 10.❑Manufacinring no employees. [No workers' comp.insurance required]* 4.❑ We are anon-profit organization,staffed by volunteers, 11. Health Care with no employees. [No workers'comp,insurance;req.] 12.[]Other *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy infom:ation. **If the corporate O�ECen hate exempted thtrn9elves,but ttu=vomtion has other mnployees,a workers'compensation policy is required and such an orpaintioa should check box#1. I am an employer that is providing workers'compensation insurance for my employees Below is thepolley information. Insurance Company Name: Insurer's Address: City/State/Zip: Policy#or Self-ins.Lie.# Expiration Date: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement play be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify,under the pains and penalties ofperjury that the information provided above k true and correct. Signature: Date: Phone#: Official use only. Do not write in this area,to be completed by city or town ocM4 City or Town: Pexnut/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Licensing Board 5.Selectmen's Office 6.Other Contact Person- Phone#. www.i=a.gov/dia Aug. 21'. 2007 3: 25PM No. 0481 P. 4 TOWN OF BARNSTABLE MASSACHUSETTS TUNN Q1 ERK BUSINESS CERTIFICATE BARIN TAB E MASS, ATE ISSUED; 01/23/2007 DATE RENEWED: 707 AUG r.3 AM i 1: 12 OOK:193 RENEWAL BOOK: RENEWAL PAGE: AGE 07-033 DATE DISCONTINUED: CERTIFICATE EXPIRES: 01/23/2011 DISCONTINUED BOOK: DISCONTINUED PAGE: Inconformity with the provisions of Chapter One Hundred and Ten(110),Section Five(5)of the General Laws,as amended, the undersigned hereby declare(s)that a business is conducted under the title below, located as shown,by the following named person,persons or corporation: MIDCAPE METAL RECYCLING MAILING ADDRESS: 53 THORNTON DR HYANNIS,MA 026Q1 TIMOTHY J FERREIRA 80 QUAKER RD HYANNIS, MA 02601 Signatures: THE ABOVE NAMED PERSON(S)PERSONALLY APPEARED BEFORE ME AN MADE OATH THAT THE FOREGOING STATEMENT IS TRUE. TITLE Identification Presented: DATE: August 3, 2007 - CONDITIONS: No changes,no hazardous materials on site. Purchasing existing business:appiyingfor a Junk dealers license" PARTNER WITHDREW.(ANDREW SIEGEL)FROM BUSINESS ON 2/23/2007 SK 193 PG 07-225 ADD CHG 8-2-07 FROM 30 THORNTON DR. BK 193 PO 07-476 In accordance with the provisions of Chapter 137 of the Acts of 1985 and Chapter 110,Section.5 of the Mass General Laws, Business Certificates shall be in effect for four years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the city clerk upon discontinuing,retiring or withdrawing from such business or partnership. ,Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of notmore than three hundred dollars(S300)for each month during.which such violation continues. CERTIFICATION CLAUSE I certify under the penalties of perjury that I, to the best of my knowledge and belief, have filed all state tax returns and paid all state taxes equir d under law. J I Sig a of Individual or Corporate Name(Mandatory) By: Carporate Officer(Mandatory if applicable) �= or Federal ID Number This license will not be issued unless this certification clause is signed by the applicant. K Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tart payment obligations. Licensees who fail to correct their non-filing or delinquency will be subject to license suspension or revocation. This request is made under the authority of Mass. G.L. Clta 62C. S. 49A, I I EXHIBIT "2" 5 I oFs�tg� Town of Barnstable o� Regulatory Services saxrrsrnst e, ; Thomas F.Geiler,Director Mass. Licensing Authority 'Oren" s 200 Main Street Hyannis,MA 02601 www.town.barnstable.ma.us Telephone: (508)862-4674 Fax: (508)778-2412 BARNSTABLE LICENSING AUTHORITY LICENSING HEARING MINUTES Town Hall Building,367 Main Street,2"d Floor Selectmen's Conference Room, Hyannis, MA—9:30 a.m. March 19, 2007 A regular meeting of the Barnstable Licensing Authority was held on Monday, March 19, 2007. Chairman Martin Hoxie called the meeting to order at _9:30 A.M. . He introduced Gene Burman, Vice Chairman; Paul Sullivan,. Clerk; Thomas.Geller, Director of Regulatory Services and Licensing Agent, Lt. JoEllen ,Jason and Patrolman Steven Maher, Liaison from the Barnstable Police Department, and Christine Ade, Recording Secretary. Requests: ..One Day All Alcohol & One Day Entertainment License: Application. of William Sykes on behalf of Best Buddies International, 100 S.E. 2"d Street, Suite 2200, Miami, FL 33131, for. a One Day All Alcohol License and a One, .Day Entertainment License for a lobster clambake and concert (after:a 90/20:m le bicycle event to start in Boston/Sandwich) to be held on private property at 1014 Craigville Beach Road, Centerville on May 19, 2007 from 3 pm to 9.'pm under a structure tent(90 x 220). .William Sykes appeared for his application. Best Buddies International. is a non- profit organization_ founded by Anthony Shriver. They work with .intellectually challenged individuals. The band is Rick Springfield. He plays.45 minutes to ;an hour. Gourmet Caterers in Boston will be serving the alcohol. They, are ,TIPS trained. Mr. Geiler stated this is an empty lot— quite good sized. The no alcohol on Town property regulation would not apply — only the bicycles, vehicle, medical etc . will be on the Town property. All of the entertainment and food and celebration activities would take place on the private lot. They will have security;so.there::is only one entrance into and out of the tent. It is clear to everyone involved that no alcohol will be across the street. Mr. Sykes has met with Recreation and cleared this with them on the private lot. Mr. Geiler stated one of the things that has caused this to change is the growth of the event— it was too tightlo keep in Nyannispart as it has been in previous years. The Flyannisport location could only handle 400.riders. This will be larger. Lt. Jason stated the Police Department will send detailed officers depending on how many,entrants there are. They may also use temporary speed Duncan- Macallister appeared for this application; he apologized for the last minute s application. They are hoping to serve wine and beer at their event. It is open just o the Chamber amber members. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan, and a unanimous vote taken to approve the application of Duncan Macallister on behalf o ,.., Cape Cod Five Cents Savings Bank, 171 Falmouth Road, Hyannis, for a One Day Wine & Malt License for a Hyannis Area Chamber of Commerce Business After Hours Meeting catered by Wianno Grille on March 21, 2007 from 5:30 to 7:30 p.m. at 171 Falmouth Road, Hyannis, MA. Hearings: &N#W iainnuai Junk Dealer. License: Application of Timothy J. Ferreira, d/b/a Mid- Cape: Metal Recycling, 30'D.Thornton Drive; Hyannis, M :: Timothy. S,. Ferreira..: ;Manager, for a New.J.unk.Dealees License. Timothy Ferreira appeared for his application. It is a pre existing company. he . purchased. Mr. Geiler noted that the Board received a memo from- Robin Giangregorio regarding the location. Mr. Hoxie asked if the business was at,30D. Mr. Geiler asked how many units are in the building—Mr. Ferreira said there ace 4 to.;.. - 5 in the same building; separated by fence_ Mr. Geiler asked what type of recyclin:g� are they going to be doing? Mr. Ferreira stated just brass, copper, etc. Me. Geiler asked about the cars — Mr. Ferreira stated they.will NOT be doing that- Mr. Geiler asked if vehicles are being brought in to be dismantled? He stated he will NOT. Mr. Ferreira stated he has had issues with. Ms. Giangregorio in the recent`:past stating on Friday six people with the blue jackets went there ,g t r�Anft lg 3 erretrars) Mr Getlei�askeWi heis fo sffr ng unregistered vehiclesW at 3"1'. He stated he is at 31 but he wr(( have raorie `ate 3 Mr, Geiler will check on the signs.and venfy everytFting on.Thornton Dnve is following the rules and regulations. Merreire stafet� 'otherbasiness hatiis�the vehicles : ptf. Maher asked about the catalytic converters — Mr. Ferreira said they. only accept new. There has to be a registration. Mr Geiler stated we will have to verify sign permits and storage of unregistered vehicles. It is in close proximity to water/wells, etc. We just want to make sure there will be no adtlitionaI'storage of vehicles up there. '. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan, :aJ1d a unanimous vote taken to approve the application of Timothy J. Fen-eira, d/b/a-Mid Gape Metal Recycling, 30D Thornton Drive, Hyannis, MA, Timothy J. Ferreira, Manager, for a New Junk Dealer's License once the proper verifications haVe Seen done as expressed by Tom Geiler. 3 EXHIBIT "Y' 6 Town of Barnstable oFtNe tom, Regulatory Services �{. Thomas F. Geiler,Director Public Health Division * BARNSTABLE, * Thomas McKean,Director �$A 163 S. 200 Main Street, Hyannis,MA 02601 T6D MA'S Phone: 508-862-4644 Email: health(atown.barnstable.ma.us Fax: 508-790-6304 Office Hours: M-F 8:00—4:30 April 2, 2007 Mr.Aaron Bornstein Holly Management& Supply Corp. 297 North Street Hyannis,MA 02601 RE: 31 Thornton Drive Business Site Visits and Inventories Dear Mr.Bornstein: Thank you for your request and interest in receiving copies of the Hazardous Materials site visits and inventories of the business located at 31 Thornton Drive,Hyannis,MA. Recently,I conducted site visits to Auto Performer, Claudio's Auto Repair, and Ferreira's. You will find a copy of each order letter and a copy of each on-site inventory enclosed. Claudio's Auto Repair has many violations that need immediate attention. If theses problems at this site continue,I will be forced to contact the Department of Environmental Protection(DEP) to conduct a dual site visit. At that time,they may fine the business owner for any and all issues found within. On:a positive note,Ferre�ra's status is"outstanding. The facility is very clean and organized .The products are separated and labeled appropriately. W.Ferreira was left with five 55 gallons of waste product from the previous tenant; He disposed of the product at Nakatis'Choppers for use of the waste oil burnef.`.Mr Ferreira has.also taken the initiative to clean up behind the building; along witfi the lot north'of the building ;As you may or may not know;the amount of illegal dumping behind the buildings along Thornton Drive has increased. I comnieiid Mr.,Ferreira's work and hope you will'`recogm*Ze his work.` If you have any further questions; or,if you would like more information please do not hesitate to contact the Health Division. Thank you for your interest in this matter. Sincerely, �G Ahsha L.Parker Hazardous Materials:Specialist: Town of Barnstable OFTHE T Regulatory Services Thomas F. Geiler,Director Public Health Division BAR.NSTABLE, Thomas McKean,Director web 63; 1��' 200 Main Street, Hyannis,MA 02601 AlFD MA't At Phone: 508-862-4644 Email: health(a,town.barnstable.ma.us Fax: 508-790-6304 Office Hours: M-F 8:00—4:30 April 2,2007 Mr.Timothy Ferreira Ferreira's 31 Thornton Drive Hyannis,MA 02601 Dear Mr.Ferreira: Thank you for your time and cooperation during the hazardous materials inventory and site visit at Ferreira's, 31 Thornton Drive,Hyannis 8iwarch 14,2007. This letter contains information from that visit that will help you become compliant with and remain compliant with the Town of Barnstable Ordinance Chapter 108:Hazardous Materials. Enclosed are copies of the Chapter 108:Hazardous Materials ordinance and a copy of the Toxic and Hazardous Materials On-Site Inventory form from the visit to your business. Please note the observations identified during the hazardous materials inspection listed below: OBSERVATIONS: • The shop is very clean.and organized. • All recyclable products are separated.into boxes which are stored on individual pallets. • All debris is disposed of off Cape. • Previous business leasee left behind five 55 gallon drums of waste: Mr.Ferreira had the drums removed by a.licensed.hauler: • All waste oil is brought to Nakutis for heating. Please collect receipts indicating the date and amount of all waste oil delivered to Nakutis and keep on file. • Mr.Ferreira is cleaning up the.area behind the building and the lot adjacent to the building'by recycling and'disposmg'of the illegally dumped debris that was present upon lus moumg m to the. building mcluding properly disposing of two 55 gallon drums of an unknown substance This type of service he is providing does not go unnoticed by the Town of Barnstable. On Site Inventory Total The Toxic and Hazardous Materials On-Site Inventory from March 14,2007 shows that you have approximately 63 gallons of toxic and hazardous materials being used or stored at Ferreira's,31 Thornton Drive,Hyannis,MA(Please see enclosed Toxic and Hazardous Materials On-Site Inventory sheet). At this time you are allowed to have one 55 gallon drum on the site at all times. Failure to comply will result in having to obtain a hazardous materials permit. You are not required to obtain a hazardous materials permit at this time. If you have any questions about these observations or you need further information, guidance or assistance, please do not hesitate to contact the Public Health Division. Sin erely Ali a L.Parker Hazardous Materials Specialist All orders to corr ct violations of Chapter 108 of the Town of Barnstable Ordinance:Hazardous Materials shall be complete upon receipt of this letter. ���0mcKean,RS, CHO Director of Public Health Cc: Aaron Bornstein;Holly Management&Supply Corp. (cover letter, inventory) Enc. Chapter 108:Hazardous Materials On-Site Inventory I EXHIBIT "4" I 31 v /�i�/ „60.1`3' NOl�'t.✓!l,, ''H yx G�5!y,pd i m,zk✓ S � ,. Yf ;�3° b�\ q ,� 1 ,z.'a` o++ d z •� ,� a G.S�z�,j6z", t'�Kxi^r'. :��a^n. r� z � '�a1i'S `'r=r"^-r, u `iu 'fir ,Ya a ✓/a �, ^ a i.x�� z '3z�P� �c.� j�5�t t y a: `e�k'gr � ,�f�Y`e��, 34t �Y� � Y. Zs ✓h � /y�g.> s,,r�' .fr ( e t '�-w s' .✓ �a �- t Yq�- a sa'�. y r� 5 h � =s 3 � «� �a ryN /✓ 3.� �"'l g ��f � s u^2� � �3 iw.v�`r o*� � i � Y��� ar , P r '.rxya / / Z'o�9 ',LU3 s �,�% ✓11 �Qs "f 2`'°h.F� .. 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'�3a .q �. � � '� _ :'r..a h�C,`,$?� �';ax.� •2�.� �o -..,�. Z> -x a.,v'i.xt� T,�i�dht= � a�: �y��?.5���3# _��y..u��8�.. o :.�\' 'II`� �,i��vYA�#e'=\i'�', .. .`:�'a,��;��'-''., � �°A< A•t` -�a�_ ts' �Si g�, a€._,Aa �.*- a;3• � a .;pia, ` -v .z \ :.,"`.....9. '�. ,'#:,;.•. •axr x, : �: vti ��a• 'a •a ,r =� � �_, €� ,y, 3 y: n � ,' '�e �� .fit` �3:=� ,�s�,a..s�1�:v�. ,. ��, �r �a 'e:�\. t��<.?*sv�'a� �.. ` �. :`� e= � ,i� � '\, kz �.2r'.:•y. `>,' .$3:a.. ,ems �s.n�y��4»A'�.. �v"fi,,�a;. ,.�, � ,a\*.� .� � ,,oi ..���' �'s '� ."".� >vA kvws ai,'p�. y r s x ✓x z ' ,�'` �.. vg<. "+ fit' �•. >li — 1 -OCR hi Mfon Drive, Barnstable 4/07 Cy��air�ea � �poovrcoaa• CW&o"wy at cT gwcn c�f'" 3291 94&m &Lwt, 9..6 96ox�',30 96axm6taa, Qlltaq(026-30 (508) 71,4-7578 *C (508).36-2-7770 September 17, 2007 Town of Barnstable Regulatory Services Licensing Authority 200 Main Street Hyannis, MA 02601 Re: Timothy J. Ferreira Show Cause Hearing Dear Members, Please let this letter serve as a memorandum of understanding that may aid in the interpretation of the operations of various businesses owned by Timothy J. Ferreira and located at 30D Thorton Drive d/b/a Mid Cape, 53 Thorton Drive, and 31 Thorton Drive d/b/a Ferreira's. Mr. Ferreira holds a Junk Dealers License ay 30D Thorton Drive, a Auto Repair, Recycling and Debris Removal Business Certificate at 31 Thorton Drive, and is currently applying for a Class III Junk Dealers License for 53 Thorton Drive.' Copies of this documentation are attached hereto as Exhibit "I. " To facilitate addressing the concerns outlined in the Show Cause order letter of August 28, 2007 and annexed hereto, each concern will be addressed individually, subject to objection as to the properties located at 31 and 53 Thorton Drive. (1) The Buick automobile was stored inside at 31 Thorton Drive, inside the building and is no longer on site under the benefit of the Business Certificate. See, Exh. "I Auto Repair, Recycling, and Debris Removal" This vehicle was never stored at 30 D Thorton Drive. See, ' The application for the new Junk Dealers License has been continued until after the Show Cause Hearing at the request of the Town. 1 r Town of Barnstable CU'1 l �j THE Tp�� Regulatory Services y�P Or Thomas F. Geiler,Director BA LE.MASS. • Licensing Authority ,y MASS. O i659. ♦0 �plE0 MAC a' 200 Main Street Hyannis, MA 02601 www.town.barnstable.ma.us Telephone: (508) 862-4674 Fax: (508) 778-2412 August 28, 2007 Timothy J. Ferreira Mid Cape Metal Recycling 30D Thornton Drive Hyannis, MA 02601 Dear Mr. Ferreira: It has been reported to us by staff of the Barnstable Police Department, the Barnstable Building Division and the Barnstable Public Health Division, that on various dates between August 1 , 2007 and August 14, 2007 that you did: (1) violate the terms of your Junk Dealer's License by buying motor vehicles (Brown Buick VIN #1 G4AH51 N3KT476616); (2) operate your business in a place other than a place that was licensed (31 Thornton Drive and 53 Thornton Drive, Hyannis); (3) have more than one unregistered vehicle on property leased by you at 53 Thornton Drive in violation of Barnstable Ordinance 228-1; (4) fail to cover a container of household trash in violation of Barnstable Ordinance 353-2; (5) allow an open five gallon bucket of used oil to be stored out of doors in violation of Barnstable Ordinance 108-9; (6) violate Barnstable 353-1 by allowing a large pile of used air conditioners to be stored out of doors on the ground; (7) violate Barnstable Zoning, Chapter 240, by maintaining a dwelling unit at 30D, such dwelling unit without benefit of permits or inspections; (8) maintain more than 12 uncovered dumpsters with various types of scrap metal to be stored at property at 53 Thornton Drive without benefit of a Junk Dealer's License or Salvage Yard License under Chapter 502. You are hereby ordered to appear at a show cause hearing to be held by the Town of Barnstable Licensing Authority on Monday, September 17, 2007 at 9:30 a.m. or as soon thereafter as practical, in the second floor Hearing Room, Town Hall, 367 Main Street, Hyannis, to show cause why your annual Junk Dealer's License for property at 30D Thornton Drive, Hyannis should not be modified, suspended or revoked. You have the .yY fi } :� 4 right to be represented at this hearing by counsel of your choice and will have the 'r opportunity to present evidence and question witnesses. Respectfully, Town of Barnstable Licensing Authority cc: Barnstable Police Department Barnstable Building Division Barnstable Health Division Town Attorney 2 ,_ r , On August 14, 2007 I attended an inspection of the property located t 30 31 and 53 Thornton Drive in Hyannis at approximately 9:15 AM. There were t e violations at 53 Thornton. There was household trash in a Ferreira dumpster without a cover in violation of Town of Barnstable Nuisance ordinance §353-2. There was a five gallon oil bucket lying on its side which I stood up and put on the blacktop. This open bucket violates §108.9 Prohibitions. Oil shall be stored in a safe manner to avoid going onto the ground. There was many air conditioning units on the ground behind#53 Thornton(more than 10). This violates §353-1 Responsibilities of Owners and Occupants. This debris must be cleaned up and disposed of in a lawful manner. Donald Desmarais RS Town of Barnstable Health Inspector L3,yk, �f a< or a P � y .. . 144 rvom _ FWy r sAM � R . Mix r a Tf e P _ 7 - lk ' 'tea oa- lip r� 9 ,,a + VO -�� 4 air? �� •} '�%. .i� J �*��+ 30D Thornton Drive. Barnstable 8/14/07 i 4, it k Ah,it � -' r. �'�, ,�-�as r`_$•� r �'�r� IV u = N V �7 µ,� wq kit.. •,ty, -gi, AA'r k ; i 11r, s c r - r ' JO pp 'i - W. "• mf-, 9w Atgay "' r ' R6 u ',.. $ I y� +Nd'S�,p ;per +�' i OF i ems" •� @ ': ` .. �' •# - �l t » �N- •. E 4�` 4 ' I,v ,a� e � " ,. 40, � � r i . `"f€ f *.. ¢::•� }s k�P "h•�paF' .�, .."" •B �' rviv7 n .� ., i c 35, '. r y s 'fie e1-21111 lk t 30D Thornton Drive, Barnstable 8/14/07 „w i S �y � � a c `x P ' ” T T • z j jo- gx RRI ow �' � �3k� 1 �CN&# 4._ f�'�� Q��3P�F`y�.,,.•� �. +��'d`; "R4y3 , �A S,s,"t �a �t taY � r`-t2- . •• rk W � A'c,. "s'C a. �."�' a is � •'S �. ,f _ ' y oa � ryfi a.?• a.a. f� 14, p . -- — _ N, .- ah 41 _ 14 VC tO 17 r £' S dt err 30D Thornton Drive, Barnstable 8/14/07 Y• ., i February, 2007 Re: Mid Cape Metal Ferreira/Siegel To Whom It May Concern: The above named parties, as of February 9th, 2007 are no longer "partners" in the business named Mid-Cape Metal located on Thornton Drive, Hyannis, MA. The -_-4ies e^te ed-a-sore ment-ssigned-Febfuary-l- , ent-states Andrew Siegel hereby sells his 50% interest of Mid Cape Metal to Timothy Ferreira, who from that point forward is the sole party responsible for all transactions related to Mid Cape Metal be they financial, legal, licensing or otherwise. All correspondence/inquiries related to Mid Cape Metal should be directed to the attention of Mr. Timothy Ferreira at: .HOME ADDRESS: or BUSINESS ADDRESS: 80 Quaker Road 3o0 Tbo(rrfon 17r+v Hyannis, MA 02601 Hyannis, MA 02601 508-771-1129 Personal Cell. 774=994-1688 Thank you in advance. Andrew S' cc: ow f Hyannis — Licensing Department YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$30.00 for 4.years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1" FL., 367 Main Street, Hyannis, MA..02601 [Town Hall] DATE:/ 3 67 R M-0,444,11135 mqmm Fill in please: Y/ APPLICANT'S YOUR NAME: VvutJ e � +� r BUSINESS YOUR HO ADDRESS: r ' � fSO$-77g�63Qo`Z10 �Q Q key Raab" TELEPHONE # Home Tel eph ne Number Y 11,29N �n� SA• NAME OF NEW BUSINESS C PE� OF BUSINESS IS THIS A HOME OCCUPATION?. .. Y S NO . Have you been given approval from th wilding:divis'gon. YES NO ADDRESS OF BUSINESS nL� MAP/PARCEL NUMBER When starting a new business there are several things you must do in order.to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. [corner of Yarmouth Rd. & Main Street).to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COM NER'S OF ICE This individ al h. eeq-i f of any permit requirements that pertain to this type of business. Authorize gna r ** <- COMMENTS: 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type of'business. Authorized Signature* COMMENTS: . 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature.* .COMMENTS: payments required for the immediately preceding Tax Year) for what would be the then unexpired Term of this Lease if the same had remained in effect, over the then fair net rental value of the Premises for the same period. (d) In the case of any Default by Tenant, reentry, expiration, and dispossession by summary proceeding or otherwise, Landlord may (i) relet the Premises or any-part or parts thereof, either in the name of Landlord- or otherwise, for a term or terms that may, at Landlord's option, be equal to or less than or exceed the pe- riod that would otherwise have constituted the balance of the Term of this Lease and may grant conces- sions and/or free rent to the extent that Landlord considers advisable and necessary to relet the same and (ii) may make such reasonable alterations, repairs, and decorations in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, and decorations shall not operate or be construed to release Tenant from liability. hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises or, in the event that the Premises are relet,for failure to collect the rent under such reletting.Ten- ant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed, or in the event of Landlord obtaining possession of the Premises,by reason of the violation by Tenant of any of the covenants and conditions of this Lease. (e)The specified remedies to which Landlord may resort hereunder are not intended to be exclusive of any remedies or means of redress to which Landlord may at any time be entitled to lawfully, and Landlord may invoke any remedy (including the remedy of specific performance) allowed at law or in equity as if spe- cific remedies were not herein provided for. (f)All reasonable costs and expenses incurred by or on behalf of Landlord (including, without limitation, attorney fees and expenses) in enforcing its rights hereunder or occasioned by any Default of Tenant shall be paid by Tenant. 13.2LANDLORD'S DEFAULT. Landlord shall in no event be in default of the performance of any of Landlord's obligations hereunder unless and until Landlord shall have failed to perform such obligations within thirty (30) days, or such additional time as is reasonably required to correct any such default, after notice by Tenant to Landlord specifying wherein Landlord has failed to perform any such obligations. No act or failure to act on the part of the Landlord that would entitle Tenant under the terms of this Lease, or by law, to be relieved of Tenant's obligations hereunder or to terminate this Lease shall result in a release or termination of such obligations or a termination of this Lease unless (i)Tenant shall have first given written notice of Landlord's act or failure to act to Landlord's first mortgagee and ground lessor of record, if any, specifying the act or failure to act on the part of the Landlord that could or would give basis to Ten- ant's rights and (ii) such mortgagee and ground lessor, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; but nothing contained in this Section 13.2 shall be deemed to impose any obligation on any such mortgagee or ground lessor to ------correct or cure any condition. "Reasonable Time" as used above means and includes a reasonable time to obtain possession of the mortgaged premises if the mortgagee or ground lessor elects to do so and a rea- sonable time to correct or cure the condition. ARTICLE XIV MISCELLANEOUS PROVISIONS ,-1,4:1 EXTRA HAZARDOUS USE. Tenant shall not (either with or without negligence) cause or permit the N escape, disposal;-or release of any biologically or chemically active or other hazardous substances or ma- terials. Tenant shall not allow the storage or use of such substances or materials in any manner not sane- ----_. Page 11 of 17 t tinned by law or by the highest standards prevailing in the industry for the storage and use of such sub- stances and materials,nor allow to be brought into the Building any such materials or substances except to _ use in the ordinary course of Tenant's business, and then only after written notice is given to Landlord of the identity of such substances or materials. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended,42 U.S.C. § 9601 et seq.;the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq.; any applicable state or local laws; and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable cost thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges if such requirement applies to the Premises. In addition,Ten- ant shall execute affidavits, representations, and the like from time to time at Landlord's request concern- ing Tenant's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous materials on the Premises occurring.while Tenant is in possession, or else- where if caused by Tenant or persons acting under Tenant. The within covenants shall survive the expira- tion or earlier termination of the Lease term. Tenant shall comply with all terms and provisions of Barnstable Code Section 240-35, specifically provi- sion Q.attached hereto as Exhibit A. 14.2 WAIVER. (a) Failure on the part of Landlord or Tenant to complain of any action or nonaction on the part of the other, no matter how long the same may continue, shall never be a waiver by Tenant or Land- lord, respectively, of any of the other's rights hereunder. Further, no waiver at any time of any of the pro- visions hereof by Landlord or Tenant shall be construed as a waiver of any of the other provisions hereof, and a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subse- quent time of the same provisions. The consent or approval of Landlord or Tenant to or of any action by the other requiring such consent or approval shall not be construed to waive or render unnecessary Land- lord's or Tenant's consent or approval to or of any subsequent similar act by the other. (b)No payment by Tenant, or acceptance by Landlord, of a lesser amount than shall be due from Tenant to Landlord shall be treated otherwise than as a payment on account of the earliest installment of any payment due from Tenant under the provisions hereof. The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check, that such lesser i amount is payment in full, shall be given no effect, and Landlord may accept such check without prejudice to any other rights or remedies Landlord may have against Tenant. 14.3 COVENANT OF QUIET ENJOYMENT. Tenant, subject to the terms and provisions of this Lease, on payment of the Fixed Rent, and other charges and observing, keeping and performing all of the other terms and provisions of this Lease on Tenant's part to be observed, kept and performed, shall lawfully, _ _ peaceably, and quietly have, hold, and occupy and enjoy the Premises during the term hereof,without hin- drance or ejection by Landlord or any persons lawfully claiming under Landlord to have title to the Prem- ises superior to Tenant; the foregoing covenant of quiet enjoyment is in lieu of any other covenant, ex- pressed or implied. 14ALANDLORD'S LIABILITY. (a) Tenant specifically agrees to look solely to Landlord's then equity in- terest in the Property at the time owned for recovery of any judgment from Landlord; it being specifically agreed that Landlord (original or successor) shall never be personally liable for any such judgment or for the payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief Page 12 of 17 ` YOU WISH TO.OPEN A BUSINESS? For Your Information: Business certificates(cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME'in town(which you must do by M.G.L.-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, V FL,367 Main Street,Hyannis, MA 02601 (Town Hall) DATE: oilFill in please: APPLICANT'S YOUR NAME: 4& e BUSINESS YOUR HOME ADDRESS: 13 6 �a TELEPHONE # Ham e Telephone Number C17 SAY 7 1.0 NAME.bF NEW BUSINESS :e TYPE OF BUSlNE$S IS Tmis A HOME OCCUPATION? YES l� Have ytiu peen giveh.aRproval fra .tom h ding di'i in YES NO ADDRESS QF BUSINE MAPJPAIGEL NUMBER O When starting a new t usiness there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd.&Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COM ER'S OFFICE m This individu ha n Ind of any permit require nts that pertain to this type of business. Au riz grna re** ` COMMENTS• n% i Z 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature* COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the.licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: Town of Barnstable F'THE lQ� Regulatory Services BARNSTABM Thomas F. Geiler,Director "�. •� Public Health Division rED MA'S A Thomas McKean,Director 200 Main St, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 January 23, 2006 Christine Sabo Robinson 2101 Wild Oak Court Kissimmee, Florida 34746 IMPORTANT NOTICE RE: Map & Parcel 296-008.00D Dear Addressee: You are directed to connect your building located at 30 Thornton Drive, Hyannis,- to public sewer on or before July 23, 2006. a The Department of Public Works, Engineering Division, has notified us that your property abutts sewer lines. The lines were extended because of the density, and the size of the lots in the area, and the potential for serious health problems. Failure to comply with this order will result in a complaint against you, in a court of law, due to your failure to comply with a Board of Health Order. If you should have any questions, please telephone me at 862-4644. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. CHO Health Agent for: TOWN OF BARNSTABLE BOARD OF HEALTH Wayne Miller, M.D., Chairperson Paul J. Canniff, DDS Sumner Kaufman, M.S.P.H. Return receipt requested Cc: Barbara Childs, Water Pollution Control Mark Giordano, Engineering Q:Sewerorder.doc ZONING DISTRICT CODE SP - DISTS.IDATE PRINTED CLASS PCS NBHD KEY NO. 0000 Y UNIT ADJ'D. UNIT �tl. LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS IND T Land By/Date Size Dimension LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Description EL WELL. RICHARD E & BRENDA MAP- CD. FF-De th/Acres E #$LDG(S)-CARD-1 ` 3 32,200 CARDS IN ACCOUNT — L BATHS 0.0 U X C= 100 1 .0 1.00 1 .00 a #PL THORNTON DRIVE BARN 01 OF 01 A - NO HEAT S X C= 100 2.35 2.35 980 2300-8 #UT UNIT COST 322uo N *UNDIVIDED INTEREST ' 14.29): MARKET 53700 *THORNTON: PARK CONDO INCOME #RR ' 1714 : USE A APPRAISED VALUE A 32,200 U A PARCEL SUMMARY U T AND S LOGS 32200 A T O-IMPS M TOTAL 32200 F. E N CNST E N DEED REFERENCE Type DATE Recorded PRIOR YEAR VALUE AT Book Page Inst. MO. Yr.D Sales PriceLAND T S 9213//141 I05/94 27000 SLOGS 32200 U 803//0721 I105/92 F 100 TOTAL 32200 R 7069/258: F02l80 B 100 E BUILDING PERMIT S Number Date Type Amount LAND LAND-ADJ INCOME SE SP-BLDS FEATURES BLD-ADDS UNITS 2300— Cons,. Total V,e�ayr Built Norm. Obsv. Class Units Units Base Rate Adj.Rate A� 7 1't9 Aga Depr. Cond. CND. Loc. %R.G. Repl.Cosl New Adj.Repl.Value Stories Height Rooms Rms Baths M'Fix. Partywell Fac. 05C 000 100 100 75.25 75.25 79 79 15 85 60 45 71445 32200 100 Description Rate Square Feet Repl.Cost MKT. INDEX: 1 •00 IMP. BY/DATE: /82 SCALE: ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 75.25 980 73745 GROSS AREA 980 CONDOMINIUM C.NST GP: 00 TSTYLE _ 38COMM. MAR£HSE 0. ESICN ADJMT -OQ ------------------G R +-----1 9.8----+ XTER.111AL1S-- -1?R- AL SIDING ----0. U ----HEAT -- _-TYPE -_Qi ONE-------------- 0. C ! ! INTEk'".fINISN 11 NFINISH.ED ------ 0.0 T ____ _ INTEA?.LAYOliT _T2AVER_ _RMAI [�. U + UNIT'_ ! I�VrE'.iiUALTT 02SAfilE AS E_XTER. 0.0 R FL003 -�TRUCfi -64 ONCRETE Sl118---0. A ! - - -- - ------------------- � p ! ! �C30� 20VER 20 ONE If. E Total Areas Aux - Base = 980 ! 48.8 Oa_F-'TYRE---- -16 ETAL--_-_--_-_-------U BUILDING DIMENSIONS L t: ! C 1`R3 C A L T 03 EL O lli AVERAGE - �.O ! f 0UlNC,AfiT60--- -01 Oi1RED C0N— - v4.9 A ------ -------- - --- ---------------------- ! THaRNTON PARK CON00 �b UNITS L ! LAND TOTAL MARKET ! PARCEL ' 32200 ! ! AREA 30396 +-------------+ VARIANCE +0 +6 STANDARD 25 9296 008.00D A F F P A lr S A L D A 't" A KEY 383935 BURKE, JAMES n THE LAND BLDIFEATURES BUILDINGS NUMBER ZNIFL=IND 44,300 1 A-COST 44,300 pl-piff 53,700 By 001/ 0 Y 132 C-INCOME FCA=3191 PCS=00 SIZE= 9so JUST-VAL 44,300 LEV=100 CONST-i'-----COMPARISON TO CONTROL AREA 0670 -- TREND EXCEEDS STANDARD THORNTON PARK CONDO (6 UNITS) PARCEL CONTROL AREA TREND STANDARD 00] 00 LAND-TYPE LAND-MEAN +0% 44300] 303960 IMPROVED-nEAN -85% 25% FRONT-FT DEPTRIACRES TABLE 00 10(n] LOCATION-ADJ AFFLY-VAL-STAT LNRJLAND LFT1IMP]ADJS1SS1FEAT STR7STRUCTURE ARRIAREA-MEASUREMENTS NOR]NOTES CONIMARKET INC]INCOME PMRIPERMITS GRRjGRAPHIC FUNCTION-[ STRUCTURE-CARD NO-[000j DATA-[ J XMT[?] ropular -SECOND x w- .. ■ ■ ,�;���h " ,` �§�"Vie* � ' • � im MASSIVE �,g+��� � =ram � . NINTH-INNING HEROICS LIFT SOX RECALL ROCKS Why are these grilled d OVER DEVIL RAYS TOY INDUSTRY sandwiches so hot? SPORTS/8-1 FOOD IC-1 Y , ' ^tt Business/C-10 ti ,y 5 sw �„� "'t�a�l��' � ,„xrru„tisdr%' , ;�� •.���f �`�.F•.nK°' � Y.�.M�'w TODAY S WEATHER - tY Mostly sunny with highs Nv.. ��; '•°° I A approaching 8018-10 pp S The Cape and Islands'Daily Newspaper®2007 60 Pei rail .. ariustcd. in C',"fto bust is 5 • ape police seize a .ton of metal at scrap shop in Hyannis ty STEPHANIE WANG As officers examined the metal shop police seized the ton of suspicious copper �r TAFF WRITER yesterday,a dry erase board kept track of and arrested business owner Timothy Fer- HYANNIS — In a case demonstrating recent metal prices,a scale stood nearby reira and one of his employees. _ he soaring,value of copper on the black for easy access and a notebook carefully A police detective accompanying a aarket, two people were arrested yes- documented how to distinguish the dif- regulatory and licensing inspection of arday at a local scrap metal shop and ferent grades of copper found on the Ferreira's shop noticed a barrel full of new j harged with receiving stolen property, site. copper still bearing bar codes and price olice said. A routine town inspection discovered tags,Murphy said. Investigators found and seized 2,000 the allegedly stolen copper products yes- "The business owner couldn't give a STEVEHEASLIP/CapeCodTimes ounds of suspicious copper products at terday at 9 a.m., according to Barnstable valid reason why he was in possession of erreira's scrap metal shop on Thornton police Sgt. John Murphy. After a search Investigators examine a box of metal taken from Ferreira's scrap 'rive. warrant for the property was secured, Please see COPPER/A-9 business on Thornton Drive in Hyannis yesterday. SUMMER DYNASTY: IT TAKES A Y AND A D �' P .6UST 15, 2007 „ Cape Cod Times■A9 ' �Gop.pev, not �. r iuliani, • • 9 mctal raid' f.:.. n _ � ; `a � ���� � v® s ® two arrcsts borde' r , u continued from A-'I the new copper,"said Murphy, A security'.. who added Ferreira could not Yesterday's bust , produce receipts for the copper has given police Presidential hopeful produces.Ferreira; 36, and. a worker, Beads to help promises to stop illegal..*.' �� � Joshua McCarthy, 28, both find the culprits £ immigration into U.S. of Hyannis, were arrested on , � �M� ^ � behind a recent `: THE ASSOCIATED PRESS charges of receiving stolen b t $ property of more than $250,' rash of copper za g AIKEN, S.C. - Republican Murphy said. thefts on presidential hopeful Rudy Giu- e � � f. The copper seized during yes3g � liani vowed yesterday to stop S a g Y �' P.: terday's investigation included Cape Cod. ��i ��°� �� � �;���,���,� ��€�K the flow of illegal immigrants -`' into the U.S.b closet trackin copper pipe fittings, tubing r �- rt r. .� Wi commercial � ~���~�" � �� �� � � Y Y g and eight rolls of 18-inch roof a�.- z �� visitors to the country and - flashing,accordingto Murphy. beefing u border securi b� 'Y Y• buildings 111 d��Y gJ and d � vim. �Z?xr '..�m" fi ^` -��n 1^���,a�r�..°9 ���`�� '� �a, tip`^ "��z4''�`"+,�&�� security. , Copper was priced at $3.34 "" u �� r ��a�a �� "We can end illegal immigra-... �onstruction x� - vn g per pound yesterday at the New 4 tion.I promise you,we can end York Mercantile Exchange. sites a ear illegal immigration,"the former At that price the copper pp New York mayor said at a com y �. c t � Y seized yesterday is worth nearly most vulnerable, �� � , , y .-�.,,x ;, .,.,., ,,. � F:c��= ,t. �..,� � 2 � � muriity center-the first of the, W 7,000. m,c�=�.�.,,.'�'-��„��s,s 'r:+'�'•.�H+'aaa s.�'..�-.3rr '�ei .;a',k % i ,yi .1'*" �a . � u � da s two stops in this earl says one r . Y� P y. Ferreira described the copper =~ '*- `= � '" voting state. seized from his shop as leftover detective. . "!'1 �'4- ` � Giuliani said he would require �. q � ;L � � =�L «w -. � x , �� a uniform identification card for . and damaged products. �. � ,.,,� � -�� �� � �, �� "This stuff was all legitimately g g y -� foreign workers and students apparent black market frenzy f s� $ and create a central database bought with receipts,'he said, makes it difficult to determine U '` a to track the legal status of vsi in a telephone. interview yes- r � whether cases are related. � tors to the count He told the terday. „ � fr country. Everybody knows its value:' Ferreira said he had receipts Commercial buildings a - .V => -sW °x �� �, � R crowd of more than 300 that 12 for the suspicious co er but g and �' ``' ^rg� r a � � �: million immigrants have entered P PP construction sites appear most L � " �' .� A � x was arrested when he"couldn't �< ,M� 3 � the count illegally. susceptible to having copper n5 �"' `�` '' +, a �. country g Y " $ r h Giuliani wants a tame roof. produce them fast enough. stashes swiped, according to ID card that includes'fin er- "I have nothing to hide,"he Murphy. printing for everyone entering said. "All I'm trying to do is Some sites have been plun- the country and a central data- make an honest living." dered several times, Renzi : � � � , � � base to track when the leave. Murphy said police don't sus- added. _ 'S t' � Y The ID card and other immi= pect Ferreira is responsible for The International Fund for gration proposals have been- stealing the copper. Animal Welfare building under - A - n � � part of Giuliani's campaign But he. said yesterday's bust construction on Willow Street "" `' ''" 1 y ° ' speeches for several months.He has .given police.leads to help in Yarmouth, which had two srevE HEAsuPiCape Cod Times says he would allow a pathway' arid the culprits behind a recent breaks last week, was looted Ferreira's metal shop in Hyannis advertises cash for pricey metals.Police arrested owner Timothy Fer- to citizenship only for illegal -ash of copper thefts on Cape twice before.in the past couple reira and one of his employees yesterday for,allegedly possessing a ton of stolen copper. immigrants who identify them-- �od. months and an NStar subcon- The metal's value skyrocketed brass parts because of the rising "Scrap+metal gets cut up, so selves as illegal,who learn Eng Yarmouth police have investi- tractor has had copper filched in early 2006,jumping about$2 brass market. it's ver A difficult to identif lish.and who.go.to the back of sated four copper thefts in the seven times since last summer, y" y the line to apply. )ast week, according to Yar- he said. in that year alone, according to "The demand for all recycled stolen goods,"lie said. Otto Freller, assistant lumber metals is great,"Murphy said. The investigation is ongoing In recent days, rival Mitt nouth police Detective Stephen . NStar representatives were at g g g Romney,the former Massachu- Zenzi. the search yesterday to"tents- buyer for Shepley Wood Prod- While Barnstable police have and detectives are trying to ucts in Hyannis. been able to track down several identify the rightful owners of setts governor whose state has . The stolen copper.was.valued tively identify copper materials Y �' g been,,home to a few self- ro- Lt nearly $5,300 in one case, Murphy said. Murphy compared the streak copper thief suspects, yester- the copper,Murphy said. p tenzi said. The demand for copper and Of copper thefts to a series day's probe was the town's first claimed"sanctuary cities," of stolen lawn ornaments on case involving the receiver of Stephanie Wangas Cambridge, Mass.,has criti, "Copper is the hot thing right the subsequent thievery stems Route 6A several vears ago.ThP lamp nnantitipcc of etnion �n„p , , , cized Giuliani, arguing that he tOW." RPn7i^cai.9 AAA;__ �1__ f, .- , a.,. ... -