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HomeMy WebLinkAbout1705 FALMOUTH ROAD/RTE 28 - BEECHWOOD CEM. - MISC STREET FILE 00,. " - , 4 Cern - ----� �- � �� .t __. �s ,. _. - .. �..` .. - r.. .. ._ � - — .,. "�. .. .. .. .. . z -. :. ... .. �,. ._ .. .. :. '. x �. :. ., � � ... ,. � - .. i. r .. �, .. � ... a, . N o ,. .. � e - h_ '. '� .. :. u .t .. .. .. . �. n i i� .. K .. _ t ._ � :. f- _ � -. '. a .. o �. � n .. � C+ :. e k,4 c . i; o f a DATE: October 1,2014 TO: Richard Scali,Director FROM: Robin Anderson LOCUS: Corner of Old Stage & Falmouth Roads, Centerville Beechwood Cemetery RE: Complaint concerning display on public property I reviewed the subject matter with the Wiring Inspector, Bill Amara and obtained a_copy of the report he submitted to the Building Commissioner as the result of their recent inspection. It appears to me that there are multiple nuances that impact the town's liability in addition to the obvious issue that the TM must struggle with about maintaining or eliminating the displays. Public safety should be paramount. Whether or not the display remains,the matter of public safety must be first. Bill Amara has memorialized his concern regarding the integrity of the extension cords used to illuminate the display. The extension cord is plugged into an outside source at an adjacent plaza on the far side of Beechwood Cemetery. The power source runs from the building across the cemetery property. It is buried along the perimeter until it reaches the outdoor fixture (assumed to be on state property) where it serves to illuminate whatever display has been erected. In reviewing this scenario,the following questions arise for consideration as we are the guardians of the public who correctly assume they may safely traverse public property without risking injury from stray current. • Who actually owns the subject electrical equipment? • Who provided the required approval for the electrical cord to cross town property and be buried? When was the approval granted? • Did the utility company provide permission for the use of the pole? • Is the private property owner aware that power is siphoned off to illuminate the display? • Is the town an unwitting accomplice to theft of service now that we are aware? • No permit has been granted for temporary or permanent installation. • No access easement is noted for the use of town property. • Staff has been made aware that this arrangement was created approximately 20 years ago. • The equipment(at least 4 extension cords) in use was determined to be household use only and not designed to be buried in the ground or under natural debris and exposed to water. The shelf life (with limited proper use) is nearing the end of its typical life cycle and could be a fire hazard as well. • The subject equipment has not previously been inspected. • It is unknown if thee units have been maintained or replaced. Questions for consideration: • What if a dog, child, visitor, or employee is inadvertently electrocuted while on cemetery property? Small pets can easily be electrocuted in fact the Boston had a problem with errant current a couple of years where large pets were killed while waiting to cross the street by a traffic light. • What if cemetery equipment(mower/weed whacker) disrupts or severs the cord and thus exposes pets and public to live current? • What if someone with a heart condition is trimming, planting or watering a graveside display and is shocked? • Does the town assume liability once the nature of the risk is identified? The following violations have been identified by the Wiring Inspector in his report dated 9/26/2014: Uses not permitted 400.8 (l) Physical damage 400.8 (7) Temporary installations 590.3 (B) Conclusion Even if the display remains, corrective measures should be taken to reduce the liability of the town with regards to faulty, un-inspected, improper equipment illegally installed on town property. It has been suggested that solar lighting be utilized if the display is allowed to remain. State: No ruling yet on roadside display CapeCodOnline.com Page 1 of 1 1q State: No ruling yet on roadside display October 01,2014 2:00 AM CENTERVILLE—State highway officials have not yet decided whether a popular display at the intersection of Route 28 and Old Stage Road maintained by a local businessman encroaches on the state highway layout.. Coachlight Carpets owner Steve Luciani said he has been tending to local traffic islands and creating seasonal and other displays on the southeast corner of the intersection for 20 years. But in August, a letter to the Cape Cod Times as well as a letter to town officials that was forwarded to the state Department of Transportation questioned the appropriateness of the latest display—a beach scene—in front of the town-owned Beechwood Cemetery. State officials wrote to Luciani on Sept.2 telling him he had to remove the display within 14 days because it violated a law that prohibits structures placed or installed in a state highway layout, but after a public outcry said he could keep it up while the precise property lines in the area were surveyed. Despite a post Sunday on a Facebook page created to support Luciani and his display that indicated that the land where the display is located is not controlled by the state, no such decision has been made, according to Department of Transportation spokesman Michael Verseckes. "We should have a better sense more toward the end of this week or the beginning of next week,"Verseckes wrote Tuesday in an email to the Times. PATRICK CASSIDY Copyright©Cape Cod Media Group,a division of Ottaway Newspapers,Inc.All Rights Reserved. hq://www.capecodonline.com/apps/pbcs.dll/article?AID=/20141001/NEWS/4093003 54... .10/l/2014 Town of Barnstable oFI Regulatory Services Richard V. Scali,Director Z BARNSfABLE ; Building Division BARNSTABLE WNS�• P N.PSfO SEMI LSDNIS -OS 11L1 W .11V.0 9cb 1639. ♦� Thomas Perry, CBO 1639-201a Building Commissioner �Dg 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 TO: Thomas Perry,CBO Building Commissioner FROM: William Amara, Inspector of Wires Date September 26, 2014 On September 25 I was asked to investigate a possible hazard in violation. The possible hazard was located at the corner of Old Stage Rd. and 28. The question was asked, where did the light for the display get it's power and was it safe? The building commissioner and I visited the site and surveyed the situation. We found perhaps 7 to 10 extension cords of various gauge wire connected together. The cords ran through the cemetery to a receptacle on the adjacent property At Centerville Plaza. Violation Uses Not Permitted • 400.8 (1) "as a substitute for the fixed wiring of a structure" • 400.8 . (7) where subject to physical damage Violation Temporary Installations • 590.3 (B) "90 Days Temporary electric power and lighting installations shall be permitted for a period not to exceed 90 days for holiday decorative lighting and similar purposes" Note • Many of the cords are old and brittle some are even buried in the ground • I am not sure the receptacle is GFCI protected, which is required by code • The length of wire causes a great voltage drop Lawnmowers and weed wackers could easily damage the wire On September 25 I was asked to investigate a possible hazard. in violation. The possible hazard was located :at the corner of Old Stage Rd. and 28. The question was asked, where did the light for the display get it' s .power and was it safe? The building commissioner and I visited the site and surveyed the situation. We found perhaps 7 to 10 extension cords of various gauge wire connected together. The cords ran. through the cemetery to a receptacle on the adjacent property At. Centerville Plaza. .Violation Uses Not Permitted • 400.8 (1) "as a substitute for the fixed wiring of a structure" • 400.8 (7) where subject to physical damage --- Viola-tion Tempor-a-r-y Ins-ta-l-la-tions- — • 590.3 (B) 1190 Days Temporary electric power and lighting installations shall be permitted for a period not to exceed 90 days for holiday decorative lighting and similar purposes Note a Many of the cords are old and brittle some are even buried in the ,ground • I am not sure the receptacle is GFCI protected, which is required by code • The length- of wire causes a great voltage drop • Lawnmowers and weed wackers could easily damage the wire 14. �-D.G- S i ;z' V r S / T / �'H-o-r-o S LC e u ;70r1 1��4Z�}2� ,=02 l�a7 HL) G7-ft-f e-- cal2bs K�} � F� uS-15/C--PLC)utf G a qTf C -r- tYo Q SIN/ cMuc� off= e7L �5c-t—p- C4 L cO t)c vi6L �-t-i o PS u I -`r ! 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