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HomeMy WebLinkAbout0549 OCEAN STREET ---- 1 ' f l � i i C } NUMBER FEE 02 THE COMMONWEALTH OF MASSACHUSETTS 75 . 00 TOWN BARNSTABLE ..........TOWN of .......I.................................................................... LODGING HOUSE LICENSE This is to Certify that a Lodging House License is hereby granted to ...................................... ......I............R,I.C.1iA.R,D...C.....Y.E.N.D.OLA....d./.b./.a....A.N,R.I.0...OCE.A.N.S.I.D.E.................................. .. .. ..... .. .. ............ ........ at ..549 OCEAN...S.T.,..jjXAN. . ........................................................................................ ............. in said ...i,3.A.R.N-S-T-A-B-L-E.......... and at that place only and expires December thirty-first 1995 tinle-wq sooner -suspended or revoked for violation of the laws of the Commonwealth of A-Massachusetts relating to the licensing of Lodging Houses. This license is issued in conformity with the authority granted to the licensinc, authorities tinder section twenty-threc, of chapter one, hundred and forty, of the General Laws, and is subject to the provisions of sections twenty-two to thirty-one inclusive of said chapter, In Testimony Whereof, the undersigned have hereto affixed their official signatures, 31st. this ................................ day Of.... ................. A. D. 10A., 6s: ...... ..................... ............... I. ...................................... .... . .. Licensing Authorities . ........ ............... .. ......... .. . .. ..... ......... FORM S 547 A.M.SULKIN.INC.-BOSTON (07)542-6856 (OVER) p The Town of B �sz,� . _ Barnstable 9Q MA i639' Department of Health Safety and Environmental Services �� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner January 22, 1996 Donald F.Henderson,Esquire 776 Main Street Hyannis,MA 02601 Dear Attorney Henderson: Please be advised that the following properties are considered single family homes from a zoning perspective and must be used accordingly: I- 493 Ocean Street 2. 503 Ocean Street 3. 511 Ocean Street 4. 525 Ocean Street 5. �549TOcean Street 6. ,557 Ocean Street 7. 565 Ocean Street 8. 15 Gosnold Street I trust your client will properly disclose this at the upcoming foreclosure sale. The new owners must contact my office to arrange for a conversion back to single family homes. If I can be of any further assistance,please do not hesitate to call. Sincerely, 4phM. Crossen Building Commissioner RMC/km t 1 1 To: Ralph From: Kathy Re: 1/26/96 auction of 7 Ocean St.properties+ 15 Gosnold St. Your letter is included as the last page of the attached"Memorandum of Sale"package-which I requested a copy of. Attorney Henderson said that this package was given to all registered bidders for 565,557 and 549 Ocean St. and that a similar package was given to those bidding on the other 5 properties. There were no extras of that one but he showed me the last page,which also was a copy of your letter. In addition he made a statement,before he started the bidding,that it was the building commissioner's opinion that all 8 properties were single family homes,period-but that any purchaser would have rights under the Zoning By-law to go to the ZBA. In answer to questions,he also said that there were some provisions under the ordinances for renting to lodgers but that the Building Dept.would have to be consulted in that case. The bank bought back the first 4 for$80,000 each(individually.) (My feet got too cold to stay until they auctioned them as a group.) i i , °� The Town of,B . • �r„ , _ Barnstable i639. �' Department of Health Safety and Environmental Services �� EDAAD`� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner January 22, 1996 Donald F.Henderson,Esquire 776 Main Street Hyannis,MA 02601 Dear Attorney Henderson: Please be advised that the following properties are considered single family homes from a zoning perspective and must be used accordingly: 1. 493 Ocean Street 2. 503 Ocean Street 3. 511 Ocean Street 4. 525.Ocean Street 7-5.3549 Ocean Street---1 6• 557 Ocean Street 7. 565 Ocean Street 8. 15 Gosnold Street I trust your client will properly disclose this at the upcoming foreclosure sale. The new owners must contact my office to arrange for a conversion back to single family homes. If I can be of any further assistance,please do not hesitate to call. Sincerely, 41ph M.Crossen Building Commissioner RMC/km x The T®wri of.B arnstable 9 ' � Department of Health Safety and Environmental Services 'fDMO`� uilding Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner January 22, 1996 Donald F.Henderson,Esquire 776 Main Street Hyannis,MA 02601 Dear Attorney Henderson: Please be advised that the following properties are considered single family homes from a zoning perspective and must be used accordingly: 1. 493 Ocean Street 2. 503 Ocean Street 3. 511 Ocean Street 4. 525 Ocean Street 5. 549 Ocean Street 6. 557 Ocean Street 7. 565 Ocean Street 8. 15 Gosnold Street I trust your client will properly disclose this at the upcoming foreclosure sale. The new owners must contact my office to arrange for a conversion back to single family homes. If I can be of any further assistance,please do not hesitate to call. Sincerely, V 41phM. Crossen Building Commissioner RMC/km - { 7 i - I I � I 1 i i 1 I I i i I :y BAMWABM MANI i639 �� FD lAA�� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-122 Jack Breitkopf Special Permit Pursuant to Section 3-1.1 (3)(A) Special Permit Pursuant to Section 4-2.8 Reduction of Parking Requirements Special Permit Pursuant to Section 4-4.3(2)Nonconforming Buildings or Structures Used as Single Family Residences Summary Denied Applicant: Jack Breitkopf Property Address: 549 Ocean Street, Hyannis, MA Assessor's Map/Parcel Map 324, Parcel 45 Zoning: RB Residential B Zoning Groundwater Overlay: AP Aquifer Protection District Appeal No. 1996-122 Special Permit Pursuant to Section 3-1.1 (3)(A) Permission to continue nonconforming use of lodging house with six units Special Permit Pursuant to Section 4-2.8, Reduction of Parking Requirements Special Permit Pursuant to Section 4-4.3(2)Nonconforming Buildings or Structures Used as Single Family Residences Background: The property consists of seven lots ranging in size from .16 to .26 acres.The lots are shown on Assessor's Map 324 as Parcels 43, 45, 48-2, 49, 113, 114 and 117. They are addressed as 493, 503, 511, 525, 535, 549 and 557 Ocean St., Hyannis. Each lot is improved with a wood frame house. These were originally individual units of the"Sun `n' Surf Motel,"which was built in the 1960's. According to Assessor's records, each house has contained six bathrooms since the mid-1970's. Building Department records show that at various times during the 1970's and 1980's, dormers were added to many of the structures. According to Building Department records, the interiors consist of six motel-type units with their own bathroom. The buildings are now used as lodging houses for six lodgers each. There have been reports that the basements are also occupied. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 1, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened September 25, 1996, at which time the Board found to deny the Special Permit. Board Members hearing these appeals were Richard Boy, Emmett Glynn, Ron Jansson, Elizabeth Nilsson, and Chairman Gail Nightingale. Attorney Benjamin E. Zehnder represented the Applicants. The Board and Attorney Zehnder agreed to have Appeal Number 1996-119 through Appeal Number 1996-125 heard together. Also present was Marie Dempsey. Hearing Summary: Attorney Zehnder gave a history of the property stating it was formerly known as the Sun `N Surf Motel and owned by Richard Vendola. The property was foreclosed upon by the bank, Cape Cod Bank and Trust Co., who then resold the units to the Petitioners. There is a total of seven buildings. One building is owned by Ms. Dempsey, three are owned by Mr. Breitkopf and three units are owned by a corporation. Mr. Breitkopf is a principle of Secured Capital Corp. of NY and Ms. Dempsey is related to an officer of Secured Capital Corp. of NY. The properties are being operated conjunctively but individually owned as investment property. The properties were built in the early 1960s and have always been used as a motel or lodging house. The property has nearer been given relief from zoning. The lodging licenses that are currently on the property were issued until August 11, 1996 and extended to December 31, 1996 while the applicants are applying for zoning relief. Zoning Board of Appeals Decision and Notice Appeal No. 1996-122 Jack Breitkopf The Applicant would like to use this property as it has been historically used since the property has been in existence. Attorney Zehnder showed the Board the Assessor's Maps of the vicinity of the locus which shows there are three hotels, and many, many lodging houses, including several bed and breakfast homes. The use is very typical for the area and granting the Special Permit would not be detrimental to the neighborhood. The property is now being renovated. Regarding parking, Mr. Zehnder indicated that since the Petitioner is limited to 6 lodgers, they feel they only need 6 spaces,the owners are allowing"cross use"of the property to make up the differences in parking requirements. There is an undeveloped lot (Assessor's Lot 44) and the applicants would be willing to make spaces available on that lot if the Board felt it necessary. Public comments: Chairman Gail Nightingale indicated there are twenty-six (26) letters in the file in opposition to these appeals. Their names were read into the record. Marie Dempsey(the applicant) spoke in support of the appeal. Also speaking was Attorney Charles Sabatt. He represented a number of abutters who in the Yachtsman Condominiums across the street. They are in opposition to these appeals. He stated that the houses need to be owner occupied if they are to rent rooms as that is clearly what the Zoning Ordinance allows for. He explained how there is not adequate parking for lodgers in this highly congested area. If the Board grants their request, there is the potential for 42 lodgers at any given time which equates to the potential of 42 cars. This area cannot handle that influx. Also, there are no sidewalk available. Attorney Sabatt told the Board that there have been many police calls to the area and to grant the relief would be in derogation of the spirit and intent of the Zoning Ordinance. Also speaking in opposition was Hugh Findlay. In rebuttal, Attorney Zehnder stated the historical use of the property has always been as a lodging house. As far as the parking issue, to grant the relief would not be more detrimental to the area as it is already congested. He stressed that the Special Permits would be within the spirit and intent of the Zoning Ordinance. The Board was concerned with the number of calls to the police station. Attorney Zehnder explained that those tenants are no longer in the units and have been evicted. Findings of Fact: Based upon the testimony given during the public hearing on Appeal Number 1996-122, the Board unanimously found the following findings of fact: 1. The applicant is Jack Breitkopf. 2. The property in issue is 549 Ocean Street, Hyannis, MA on Assessor's Map 324, Parcel 45 in an R.B Residential B Zoning District. 3. The Petitioner is seeking a Special Permit to allow the renting of rooms to not more than six lodgers in a multi-unit dwelling. The applicant is also seeking a Special Permit for the Reduction of Parking Requirements. 4. The area of Ocean Street and Gosnold Street experiences congested traffic in the summer due to its location near the Hyannis Terminal of the Steamship Authority and its location near the various public beaches in the area. To allow additional people on to this site would add more congestion and confusion to the area. 5. The lot itself provides for no parking on site. 6. To grant the relief being sought for six lodgers would be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance and would be substantially more detrimental to the neighborhood affected. Decision: Based upon the findings of fact in Appeal Number 1996-122, a motion was duly made and seconded to deny the relief being sought. The vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy, and Chairman Gail Nightingale NAY: None 2 Zoning Board of Appeals Decision and Notice Appeal No. 1996-122 Jack Breitkopf ORDER: In Appeal Number 1996-122,the Special Permit has been denied. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. , 1996 Gail Nightingale, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1996 under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 3 - s Map Page 1 of I Town of Barnstable Geographic Information System Parcel Viewer Custom Map Abutters Map Size Zoom Out n fl fl fl fl fl fl®®In az— A r ry ± CDJPG Map: 324 y yg ' Location: • 324045 ;4 p 549 Owner: 4 324055 t15��, itl55 11� ' LOCatIOn In Map & Parce Location ►• Acreage 324040CND g500 ry , Current Ow ', 3 4114 ` r , � Mailing Addi .. g s 1` Appraised ` i 9 Extra Featur Out Building �.. Land F . # Buildings 324042 Total Apprai ND ". q. 324041 Assessed V Extra Featur Out Building �.' � ` � �► ;���`�;�� :� Land Buildings Total Assess Set scale 1° Res _Ell 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=324045 2/13/2008 Parcel Detail Pagel of 3 t - � Ek T HE ro ti.� ,Etta" y� Y C Jtl; � Zvi.. .� Logged In As: Parcel Detail Friday, Febru Parcel Lookup Parcellnfo Developer Parcel ID 324-045— — � Lot LOT 18 Location 549 OCEAN STREET ^�a Pri Frontage 175 Sec Road Sec( -- - - -- -- - - Frontage I- village HYANNIS Fire District;HYANNIS Sewer Acct 1606 Road Index 1113341. — .... .__ . Interactive 4 Maptw ._..... .._*._ MEL.. - Owner Info owner'FORANCE, MICHAEL D Co-owner Streets 557 OCEAN ST Street2 City HYANNIS -- _ V State i A zip!02601 Country US - Land Info Acres'0 19 use lRooming Hs MDL-01 zoning ;RB Nghbd 10110 Topography Level Road IPaved utilities All Public Location Lake/Pond View Construction Info Building 1 of 1 Year _ Roof - -- - - Ext T �I �1962 Gable/Hip_--__.-_.__ f Wood Shingle Built Struct ---_-__ _ Wall _.--�_ Effect ` --"---`�- Roof '_. _�.` AC None Area�2706 Cover IAsph/F GIs/Cmp Type Style Cape Cod wall iDrywall Roorr!6 Bedrooms Model fResidential Int 1 - Bath 6 li I� —�~- � Floor Rooms 1 Full -I Grade Average _ Type. Rooms Air Total Rooms_ l --------- ---- Rooms http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=26862 2/8/2008 Parcel Detail Page 2 of 3 u ► Heat - Found- � ;° As 1- aY. storiesr1 1/2 Stories Gas Poured Conc. II i Fuel - - ation MT 1, ' `FHS£ 4 B, F BAS i BMT 2., 1 Permit History Issue Date Purpose Permit# Amount Insp Date Comments 4/22/2005 Repair Work 83673 $5,700 Visit History Date Who Purpose 4/9/2002 12:00:00 AM Paul Talbot Meas/Listed - Sales History Line Sale Date Owner Book/Page Sale P 1 3/6/1998 FORANCE, MICHAEL D C147680 2 3/15/1996 BREITKOPF, JACK C140040 3 8/15/1990 VENDOLA, ANN M C121143 4 VENDOLA, RICHARD C C67113 - Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parc( 1 2008 $227,400 $2,500 $0 $267,400 3 2007 $247,200 $2,500 $0 $267,400 4 2006 $251,500 $2,500 $0 $244,700 5 2005 $210,500 $2,400 $0 $219,800 6 2004 $169,800 $2,400 $0 $188,400 7 2003 $149,800 $2,400 $0 $118,200 8 2002 $149,600 $2,400 $0 $118,200 9 2001 $149,600 $2,600 $0 $118,200 ; 10 2000 $110,800 $2,400 $0 $56,400 11 1999 $110,800 $2,400 $0 $56,400 12 1998 $110,800 $2,400 $0 $56,400 13 1997 $92,400 $0 $0 $42,900 14 1996 $92,400 $0 $0 $42,900 15 1995 $92,400 $0 $0 $42,900 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=26862 2/8/2008 Parcel Detail Page 3 of 3 16 1994 $80,600 $0 $0 $59,500 17 1993 $86,800 $0 $0 $101,300 18 1992 $98,900 $0 $0 $112,600 19 1991 $137,300 $0 $0 $135,100 20 1990 $137,300 $0 $0 $135,100 21 1989 $137,300 $0 $0 $135,100 22 1988 $85,900 $0 $0 $46,000 23 1987 $85,900 $0 $0 $46,000 24 1986 $85,900 $0 $0 $46,000 Photos f http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=26862 2/8/2008 oFt�E, Town of Barnstable *Permit# e3 6 ? -� '♦'� Expires 6 months from issue date BAMSTABIX Regulatory Services Fee z MASS.1639• Thomas F.Geiler,Director ♦0 A'fD1AP`A Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 �� F Raags Office: 508-862-4038 i� Pl.:.' • Fax: 508-790-6230EXPRESS PERMIT APPLICATION RESIDENTIAL Ol' Oy `' n05 Not Valid without Red X--Press Imprint TOWN OF BARNS fP;E' . Map/parcel Number Property Address t OCeA l\ 'E i 62(P6 c 4 rr ❑Residential Value of Work J< Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address �� orcvNU WyO4�,(r 6Z 0 k. Contractor's Namele T, Y nirc 1-Pf Telephone Number Home Improvement Contractor License#(if applicable) { / S U Construction Supervisor's License#(if applicable) ' ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner R I have Worker'/§Compensation Insurance Insurance Company Name I y/` L Workman's Comp.Policy# 41L f7a t'I 77 Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) O.Re-side Replacement Windows. U-Value 32 (maximum.44) 'fie e...eWo�✓�aaaac�u.ael Board of Building Regulations and Standards f *Where required: Issuance of this permit does not exempt compliance with other.town di NI HOME IOVEMENT CONTRACTOR ***Note: Property Owner must sign Property Owner Letter of Re 1stf91M. 45504 Home Improvement Contractors License is required. - 2 007 rate Corporation Signature ®-�— B.L.MOSHER BERT MOSHER Q:Forms:expmtrg 74 SEARSVILLE R c°�N -1 Revise063004 S.DENNIS,MA 02660 Administrator. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations _ 600 Washington Street, a Floor ?f Boston,Mass. 02111 Workers'Compensation Insurance Affidavit:Buildin lumbin lectrical Contractors name: address: 16 9 city D ���W state: f . zin•(�&*(00 phone# 'roe— ` 0,1-605,rc-1 work site location OUH address) S—VJ 6GeC4.7 S &C'M fJ /"6t• Od 6I d ❑ I am a homeowner performing all work myself. Project Type: ❑New Construction®Remodel ❑ 1 am a sole proprietor and have no one working in any capacity. Building Addition . �. xn �f�rKaAc 'REF`? i ,>,i. yj. .� t••Y: r.. ❑�,t.J ��a,,- s.`.,,.... :}. "•i• .a�;..,,,.� '� .�"*�JP �is.�'�"�.ar�"�s'�^ 11��c.L..r:t'�."�3:X.in,�1:: .t }•'.,:p: i..:w?w.�"'a,.....�`:.. ..F- .:..�.".,.c":.�:' •:,:, S'�X::^.•.'_-c.Y. I am an employer providing workers'compensation for my employees working on this job. company name: ✓ •L• r^,165her address Qb VC X Q 1 Y city ,'._....." 1$......__.....r.,� �.._.........( CD{e�...... .........shone#• 5� �� 264— l . _.. .. insurance co. A& 20licy# 4-"C- 7 ❑ I am a sole proprietor,general contractor,or homeowner(circle one) and have hired the contractors listed below who have the following workers' compensation polices: address: phone M insurance co. polisx# company name: address: city. phone M Insurance co. . of # Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties.of a fine up to 51,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. 1 understand that a copy of this statement may be forwarded to the Office of Investigations of the D1A for coverage verification. !do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Signature los Print name Phone# �—o �^ L74tr—(,eS- sy official use only do not write in this area to be completed by city or town official city or town: permit/license# ❑Building Department ❑Licensing Board ❑check if immediate response is required ❑Selectmen's Office ❑Health Department contact person: phone#; ❑Other (mvised Sept.2003) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law",an employee is defined as every person in the service of another under any contract of hire,express or implied,oral or written. An employer is defined as an individual,partnership,association,corporation or other legal entity,or any two or•more of the foregoing engaged in a joint-enterprise,and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a- dwelling house having not more.than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill'in the workers' compensation affidavit completely,by checking the box that applies to your situation. Please supply company name, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned.to the city or town that the application for the permit or license.is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits maybe returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions,. please do not hesitate to give us a call. i K The Department's address;-telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street,7`s Floor Boston,Ma. 02111 fax#: (617)727-7749 phone #: (617)7274900 ext. 406, o �P 0 � W I;. TO. 00 CO 0 r 40 Id TO Ft en PA aQ M O 1 x. CFQOQ K e� cr CD N D C a aq j I ro ce Cl) coQ .� To p h � ` \ 4. - Nrb . n h r ti. O old rnuo 2.3 � I w ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID TECH DRIVE, SUITE C WEST YARMOUTH, MASSACHUSETTS 02673 (508) 775-3433 (508) 790-4778 Edward J.Sweeney,Jr. Richard P.Morse,Jr. Michael B.Stusse Betsy Newell Donna M.Robertson Thomas P.Carpenter Matthew J.Dupuy Kelly S.Jason Charles M.Sabatt Herbert F.Lach,Jr. Charles J.Ardito P.C. Please Refer to FILE No. 5465X July 2, 2003 Mr. Thomas Perry Building Commissioner d Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: 565 Ocean Street, Hyannis, MA Map 324, Parcel 114 557 Ocean Street, Hyannis, MA Map 324, Parcel 043 549 Ocean Street, Hyannis, MA Map 324, Parcel 045 Dear Mr. Perry: Thank you very much for your letter of June 24, 2003 regarding the above. I appreciate the thorough and detailed work that you did in investigating my client's complaint. I have forwarded your letter to my clients and am awaiting their reaction. Additionally, I appreciate the fact that you are clearly intending to monitor these properties with the intention of insuring that they are used in a lawful manner. Thank you for your efforts and your courtesy. Sincerely, t Charles M. Sabatt CMS:eah I °FI►�r� Town of Barnstable Regulatory Services s � r��S. Thomas F.Geiler,Director prED 39. Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 24, 2003 Ardito, Sweeney, Stusse,Robertson&Dupuy,P.C. Attorneys At Law 25 Mid Tech Drive West Yarmouth,MA 02673 RE: 549 Ocean Street,Hyannis 557 Ocean Street,Hyannis 565 Ocean Street,Hyannis Dear Attorney Sabatt: This letter is in response to your letter date June 4, 2003 regarding the above referenced properties. The above referenced properties are 3 single-family homes with#557 being owner- occupied.This office realizes#565 has had numerous complaints going back to at least 2001. There have been no problems brought to my attention within the past year at this address. I met with the owners of these properties on June 19,2003 so I could view the properties myself. The owner of#565 admitted there had been problems with a group they had rented to last summer. The owner has taken steps to not rent to that particular group in the future. In the pictures you provided there appears to be eight cars in the parking area beside the house. How many people this could translate to is hard to come to because of all the variables involved.We have kept an eye on the property by driving by early in the morning and in the early evening and also requested the police keep an extra eye on the property for over crowding.We found no . evidence of any over crowding. So far this year the group renting the house at the time the pictures were taken was an environmental group doing studies in the area. The interior of the house shows no signs of it being abused or over crowded. The interior is clean and well kept and the owners wish that it stay in this condition. As a result,they have become more selective in choosing their tenants. There is a notation on the picture that there is no parking for this property and the abutting lot is the Town's property. The assessor's maps show there is a minimum of 30 feet from the house to the property line,not against the house as indicated in the picture. If the occupants were parking on Town property,it would constitute trespassing and this would be enforced by the Police Department,not the Building Department. I have also visited#557 and#549 Ocean Street in Hyannis. These dwellings are similar in layout and are in just as good condition if not better and just as well maintained as#565.#557 Ocean Street is owner occupied and is not rented out in any manner at this time. #549 Ocean Street is rented on a weekly basis by the owners who occupy#557 Ocean Street. The zoning ordinance allows a person to rent rooms to not more than 3 non-family members by the family residing in the single-family dwelling.The ordinance does not restrict a homeowner.to only renting to three people. It is my opinion that these houses are within their bounds of the zoning ordinance.There is no prohibition of renting a dwelling in the manner that is currently occurring.These owners have the right to rent their properties. Please feel free to contact me at 508-8624038 should you have any further concerns. Sincerely, Tom Perry Building Commissioner TP/ST s 4 1 + Town of Barnstable Building Division 200 Main St. Hyannis, MA 02601 Ms. Arlene C. Latimer 3 Imperial Ln. Ballston Lake, NY 12019 Town of Barnstable Building Division 200 Main St. Hyannis, MA 02601 Mr. Michael Forance PO Box 2523 Hyannis, MA 02601 ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID TECH DRIVE, SUITE C WEST YARMOUTH, MASSACHUSETTS 02673 (508) 775-3433 (508) 790-4778 Edward J.Sweeney,Jr. Richard P.Morse,Jr. Michael B.Stusse Betsy Newell Donna M.Robertson Thomas P.Carpenter Matthew J.Dupuy Kelly S.Jason Charles M.Sabatt Herbert F.Lach,Jr. Charles J.Ardito P.C. Please Refer to FILE No. 5465X June 4, 2003 Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 1 Re: 565 Ocean Street, Hyannis, MA Map 324, Parcel 114 557 Ocean Street, Hyannis, MA Map 324, Parcel 043 549 Ocean Street, Hyannis, MA Map 324, Parcel 045 Dear Mr. Perry: The undersigned represents the Trustees of the Yachtsman Condominium Trust who in turn represent the interests of all of the unit owners of the Yachtsman Condominium located at 500 Ocean Street, Hyannis, MA. This letter is a demand for enforcement pursuant to Massachusetts General Laws, Chapter 40A, Section 7 and Section 13. The above described parcels are located within an RB Residential District for which the principal permitted use is a single family residential dwelling. One of the accessory uses permitted within an RB District is the "renting of rooms for not more than three (3) non-family members by the family residing in a single-family dwelling." ly.s Thomas Perry Page 2 June 4, 2003 According to my clients for the past several years each of the above referenced properties, and in particular 565 Ocean Street have been occupied during the summer and especially on weekends by large groups of as many as twenty (20) or thirty (30) young people. There have been ongoing continuous parties, noise, drinking, and generally offensive and loud conduct. There are cars and vehicles parked all over the area including a town owned parcel directly abutting 565 Ocean Street. The use of these properties by these uncontrolled groups has had a significant deleterious effect upon the residents of the Yachtsman Condominium most of whom are families with children. The quiet enjoyment of their properties has been significantly disrupted and the values of their properties diminished by the ongoing disruptions emanating from the above referenced properties. In 1996 the owner of the three properties applied for special permits from the Barnstable Zoning Board of Appeals to permit him to rent each of the dwellings to six {6) lodgers. The Barnstable Zoning Board of Appeals denied the requested relief, notwithstanding the fact that according to the assessor's records each of these structures contains six (6) bedrooms and six (6) bathrooms. Nonetheless, under the applicable zoning regulations quoted above the owner of the above structures are !limited to the renting of rooms to no more than three (3) non-family members by a family residing within each of the dwellings. Since 1996 these properties, and again in particular 565 Ocean Street, have been the subject of ongoing investigations and enforcement actions by your office. Most recently on March 20, 2003 you sent a warning notice to Ms. Arlene C. Latimer the owner of 565 Ocean Street in which you admonished her that if there were further j problems with the property that you would take immediate action "...to vacate the building." I regret to advise you that since your letter there has been no abatement of the problem and during each weekend the properties are occupied by large, boisterous, loud, and obnoxious groups. I am enclosing herewith for your reference a photograph of 565 Ocean Street taken on May 1, 2003 which shows numerous vehicles parked outside of the property and on the parcel owned by the Town of Barnstable as evidence of the occupancy of the structure. It would appear that the property owners of the above referenced parcels are operating in violation of current zoning in that they are renting to more than three (3) lodgers and it would appear that there is no family which is resident within the dwelling acting as the landlord or supervisor of the residents' conduct. Thomas Perry Page 3 June 4, 2003 By reason of the foregoing, I hereby request that you undertake one or more of the following actions: 1. Issue a cease and desist order to each of the property owners prohibiting them from renting any of the property; and/or 2. Revoke the occupancy permits for each of the dwellings; and/or 3. Impose appropriate daily fines or penalties for each day during which the properties are occupied; and/or 4. Take appropriate enforcement through an equitable action filed in the Barnstable Superior Court or elsewhere to restrain and enjoin the owners from renting these dwellings; and/or 5. Take such other action that you may deem appropriate to enforce the Barnstable Zoning Bylaw. Thank you very much for your attention to this matter. Sincerely Charles M. Sabatt CMS:eah Enc. c.c. Arlene C. Latimer Michael D. Forance Yachtsman Condominium Trust U _ z r e s k: ',. r a. r �'4,.vv»'.. •y ,�' '• n+4''� '7'r "�' a i. e 1 i . ra'P Tw 4- , lv. .n ` , — _ - l/ , , w W y e.. XV,.� .. s Aw- tf .yet �4 •:.{ _ �," p w y. ae fi wyy ,. �.N >t� x 4'.. �l,'.u. k V'pa,_p •+..W..• � - 1 G � u'*�" 9xN'��" .�✓. y'_ y a � n x w . -�-- -y . z ( ( ; { a ( } * � \� � - \ , t , ) � � � � i \ I � � � � ; y § � � \ . . � E � � ( � � � � % , � . { } � �/� . — - OQ �� � � -- - - - - - 2 � / \ � a � f § � « \ ' C � . ! . { & . , ( \ \ § �I � � I�� i BARNOresta. .e Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-122 Jack Breitkopf Special Permit Pursuant to Section 3-1.1 (3)(A) Special Permit Pursuant to Section 4-2.8 Reduction of Parking Requirements Special Permit Pursuant to Section 4-4.3(2)Nonconforming Buildings or Structures Used as Single Family Residences Summary Denied Applicant: Jack Breitkopf Property Address: 549 Ocean Street, Hyannis, MA Assessor's Map/Parcel Map 324, Parcel 45 Zoning: RB Residential B Zoning Groundwater Overlay: AP Aquifer Protection District Appeal No. 1996-122 Special Permit Pursuant to Section 3-1.1 (3)(A) Permission to continue nonconforming use of lodging house with six units Special Permit Pursuant to Section 4-2.8, Reduction of Parking Requirements Special Permit Pursuant to Section 4-4.3(2)Nonconforming Buildings or Structures Used as Single Family Residences Background: The property consists of seven lots ranging in size from .16 to .26 acres. The lots are shown on Assessor's Map 324 as Parcels 43,45, 48-2, 49, 113, 114 and 117. They are addressed as 493, 503, 511, 525, 535, 549 and 557 Ocean St., Hyannis. Each lot is improved with a wood frame house. These were originally individual units of the"Sun 'n' Surt Motel,"which was built in the 1960's.According to Assessor's records, each house has contained six bathrooms since the mid-1970's. Building Department records show that at various times during the 1970's and 1980's, dormers were added to many of the structures. According to Building Department records, the interiors consist of six motel-type units with their own bathroom. The buildings are now used as lodging houses for six lodgers each. There have been reports that the basements are also occupied. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 1, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance.with MGL Chapter 40A. The hearing was opened September 25, 1996, at which time the Board found to deny the Special Permit. Board Members hearing these appeals were Richard Boy, Emmett Glynn, Ron Jansson, Elizabeth Nilsson, and Chairman Gail Nightingale. Attorney Benjamin E. Zehnder represented the Applicants. The Board and Attorney Zehnder agreed to have Appeal Number 1996-119 through Appeal Number 1996-125 heard together. Also present was Marie Dempsey. Hearing Summary: Attorney Zehnder gave a history of the property stating it was formerly known as the Sun 'N Surf Motel and owned by Richard Vendola. The property was foreclosed upon by the bank, Cape Cod Bank and Trust Co., who then resold the units to the Petitioners. There is a total of seven buildings. One building is owned by Ms. Dempsey, three are owned by Mr. Breitkopf and three units are owned by a corporation. Mr. Breitkopf is a principle of Secured Capital Corp. of NY and Ms. Dempsey is related to an officer of Secured Capital Corp. of NY. The properties are being operated conjunctively but individually owned as investment property. The properties were built in the early 1960s and have always been used as a motel or lodging house. The property has never been given relief from zoning. The lodging licenses that are currently on the property were issued until August 11, 1996 and extended to December 31, 1996 while the applicants are applying for zoning relief. Zoning Board of Appeals Decision and Notice j Appeal No. 1996-122 Jack Breitkopf The Applicant would like to use this property as it has been historically used since the property has been in existence. Attorney Zehnder showed the Board the Assessor's Maps of the vicinity of the locus which shows there are three hotels, and many, many lodging houses, including several bed and breakfast homes. The use is very typical for the area and granting the Special Permit would not be detrimental to the neighborhood. The property is now being renovated. Regarding parking, Mr. Zehnder indicated that since the Petitioner is limited to 6 lodgers, they feel they only need 6 spaces, the owners are allowing"cross use"of the property to make up the differences in parking requirements. There is an undeveloped lot(Assessor's Lot 44)and the applicants would be willing to make spaces available on that lot if the Board felt it necessary. Public comments: Chairman Gail Nightingale indicated there are twenty-six(26) letters in the file in opposition to these appeals. Their names were read into the record. Marie Dempsey (the applicant) spoke in support of the appeal. Also speaking was Attorney Charles Sabatt. He represented a number of abutters who in the Yachtsman Condominiums across the street. They are in opposition to these appeals. He stated that the houses need to be owner occupied if they are to rent rooms as that is clearly what the Zoning Ordinance allows for. He explained how there is not adequate parking for lodgers in this highly congested area. If the Board grants their request, there is the potential for 42 lodgers at any given time which equates to the potential of 42 cars. This area cannot handle that influx. Also, there are no sidewalk available. Attorney Sabatt told the Board that there have been many police calls to the area and to grant the relief would be in derogation of the spirit and intent of the Zoning Ordinance. Also speaking in opposition was Hugh Findlay. In rebuttal,Attorney Zehnder stated the historical use of the property has always been as a lodging house. As far as the parking issue, to grant the relief would not be more detrimental to the area as it is already congested. He stressed that the Special Permits would be within the spirit and intent of the Zoning Ordinance. The Board was concerned with the number of calls to the police station. Attorney Zehnder explained that those tenants are no longer in the units and have been evicted. Findings of Fact: Based upon the testimony given during the public hearing on Appeal Number 1996-122, the Board unanimously found the following findings of fact: 1. The applicant is Jack Breitkopf. 2. The property in issue is 549 Ocean Street, Hyannis, MA on Assessor's Map 324, Parcel 45 in an R.B Residential B Zoning District. 3. The Petitioner is seeking a Special Permit to allow the renting of rooms to not more than six lodgers in a multi-unit dwelling. The applicant is also seeking a Special Permit for the Reduction of Parking Requirements. 4. The area of Ocean Street and Gosnold Street experiences congested traffic in the summer due to its location near the Hyannis Terminal of the Steamship Authority and its location near the various public beaches in the area. To allow additional people on to this site would add more congestion and confusion to the area. 5. The lot itself provides for no parking on site. 6. To grant the relief being sought for six lodgers would be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance and would be substantially more detrimental to the neighborhood affected. Decision: Based upon the findings of fact in Appeal Number 1996-122, a motion was duly made and seconded to deny the relief being sought. The vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy, and Chairman Gail Nightingale NAY: None a 2 Zoning Board of Appeals Decision and Notice Appeal No. 1996-122 Jack Breitkopf ORDER: In Appeal Number 1996-122,the Special Permit has been denied. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. '/O , 1996 G I Nightinga Chairma Date Signed 1 Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day o 1996 under the pains and penalties of perjury. Linda Hutch rider, Town Clerk 3 Hyannis, .Cape Cod, Massachusetts- 4 Bedroom Vacation Rental Page 1 of 2 f 4 Bedroom- * 4 Bath * Sleeps 8- Location:Hyannis,Cape Cod,Massachusetts Amenities: BBQ grill, washer/dryer, linens included, dishwasher,telephone, microwave, toaster, coffeemaker, dishes/utensils provided;-3-cable TV's, VCR. Pets not permitted. No Smoking. Extras: Whirlpool bath, gameroom Rates: $2500/week ...........Off Season also available Description;_A_per_feet-location4ust--steps-from-V-eterans-Beach,-Hyannis Yacht Club,and Kennedy Memorial; 2/10 mile-from Kalmus-Beach;-7/1-0_mile-from.harbor_and ferries__All.new furnishings-and_ appliances. Amenities-include whirlpool-bath,3-cable-TV's;gameroon-with pool-table;-etc.Call-for more information. Newly Renovated Renovated �r Sim For-more information abon-t this=vacaflon-rental-property or-to make-reservations calLLiz Forance at: 978-368-7199- To e-mail owner click forance@juno.com If you-have comments, positive or negative, on this property, please email us from the bottom of the Administration page. Please include it's identifier: ForaHYAN IILLP://W W WL.CyVell-eIlLUIS.COIII/lVitkOliAIN/r Ol-dn I AIN J1LII11 1/L//yy Assessor's ma and lot number �// p ••<ra�/......7..�. /". ........_ THE � TIC SYSTEiA iliaUST -1- �P�oF roto Sewage Permit number ti............ ........... .. .:..1 STALLED IN COMPLlANC... 9 WITH TITLE 5 s ZMUSMULE, i House number ............................... ......................................... ' ENVIRONMENTAL9� MA66 CODE AN O 1639. 90 TOWN REGULATIONS � 0"pYa� TOWN 'OF BARNSTABLE BUILDING : 11SPE,CTOR APPLICATION FOR PERMIT T0614, �� �,� ! 2 o TYPEOF CONSTRUCTION ............................................ ............ .........:............................................... .......... . .......1 ....l TO THE INSPECTOR OF BUILDINGS:' The undersigned hereby applies for a permit according to the following information: Location ..0 .....aczlot ....�?. ..-............................................................................................................................. ProposedUse ./ �s''........! .. v............................................................................................................ ZoningDistrict ................................. `, ..................................Fire District ................................. ............................................ Name of Owner .. ����?` �.......6 .f 4 ............Address ./J , rS �C:r�..... XY�/Zk7��s Name of Builder .P' C Q. /........ .0e -r- ................. .1a.... ......y ..2... Nameof Architect ..................................................................Address ............................................. Number of Rooms .... .......................................................Foundation ... C:.. 1. ....................................................... Exterior .,'` VX1Z.0 .... ...lJr�C/!��'-�L� .........Roofing .....,.. . ................................................... Floors �... ....(.� rAfZ7....Interior .� �h�l ................................................ Heating .....................................Plumbing ......... 4:. . ..................e................................. Fireplace ..:•,,/ a/� .............................................................Approximate Cost ....Td'T' 1,,�.,,,{.......................................... // / � Definitive Plan Approved by Planning Board ________________________________19________. Area / ....Al ...�i.Dl?6 Diagram of Lot and Building with Dimensions Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name /F.. . . . .................. VENDOLA, RICHARD No .2.3.2.9.5... Permit for ADD I.T.10-1N.............. To Second Floor ............................................................................... L 549 Ocean Street ocation ................................................................ Hyanhis ............................................................................... Richard Vendola Owner ................!................................................. TypC- of Construction ....Frame...................................... r ............................................................... Plot)... .................... Lot................................. CX. Permit'Granted ......quAP...15...............ig 81 Date of Inspection .................... . ........19 Z 7 bat; Completed ....... ........19 #PERMIT REFUSED ...... .............. ..... 19 cv . ............x--1-2- VT............ ..................... .................................................. ............ ................................................ 6..x... ................................................................................ Approved ................................................ 19 ........................ ............................................... ............................................................................... oFTME • NAMThe Town of Barnstable 'OrE019. � Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner July 25, 1996 Ben'amin Zehnder 46 outh Orleans Road P.O. Box 236 Orleans, MA 02653 SPR 61-96 Secured Capital Corp., Lodging Houses, 493, 503, 511, 517, 549, 557, 565 Ocean Street, Hyannis,: (324/113, 117, 49, 48-2, 45, 43, 114). Dear Mr. Zehnder, The above referenced site plan was reviewed at the July 25, 1996 meeting of Site Plan Review Committee and deemed approved and forwarded to the Zoning Board of Appeals with the following condition: • Reconfigure (rotate) parking spaces at house # 493. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. Respectfully, 14 Ralph M. Crossen Building Commissioner 1 _ 3/27/96 Sun `N Surf Apartments All correspondence and documents'- see file for 525 Ocean Street, Hyannis