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0810 WAKEBY ROAD - SAND & GRAVEL - LEGAL - MISC STREET FILE
8 io oA r� t COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: SUPERIOR COURT C.A. No. 98-87 GIFFORD BROTHERS SAND AND GRAVEL, INC., AFFIDAVIT OF JACK GILLIS, Plaintiff, IN SUPPORT OF MOTION FOR V. PRELIMINARY INJUNCTION. EMMETT F. GLYNN, RON S. JANSSON, GENE BURMAN, RICHARD L. BOY, GAIL NIGHTINGHALE, ELIZABETH NILSSON, ) THOMAS A. DERIEMER, DAVID RICE, ) and KEVIN MINNIGERODE, as they are ) Members and Alternate Members of the ) TOWN OF BARNSTABLE ZONING ) BOARD OF APPEALS, ) Defendants. ) I, JACK GILLIS, being duly sworn depose and say: 1) 1 am employed as the Licensing Agent for the Town of Barnstable. I have held positions in the town for periods 1978-1986 and again from 1994-1998. Included ' in the licenses issued through my department are junk dealers' licenses, Class III, pursuant to M.G.L. c. 140, §57. 2) On or about April 14, 1998, 1 inspected the property located at 810 Wakeby Road, Marstons Mills, Massachusetts. I was accompanied by Ralph Crossen, Building Commissioner and Thomas McKean, Director, Public Health. 3) The inspection was prompted by a complaint from an unidentified neighbor to the effect that a Mr. Chris Keyes was crushing cars on the property at 810 Wakeby Road, Marstons Mills. A review of town of Barnstable records showed no current junk dealers' license, Class III, issued for that location, as is required under M.G.L. c. 140, §57. The license to operate a salvage operation at the locus had not [98-0036/jackaff1] 1 f .j been renewed based on the failure of the property-owner to pay real estate taxes for several years. 4) At approximately 11:00 AM on April 14, 1998, 1 entered the property and observed a dirt road leading northerly into the property. At approximately 200 feet into the property, a frame for a greenhouse was observed. Within 50 feet of that structure were a number of work-style trailers and truck/boat parts, some in parts, some whole. Further in, I observed a front-end loader in operation digging into a hillside on the right side of the property. 5) 1 observed that a dump truck then transported the products to an area within the property, then dumped it. A back-hoe would then pick up the products and place the products into a mechanical machine known as a screener. The mechanical screen is located in close proximity to the adjoining residential neighbor. This machine is engine driven to shake the debris and separate the loam from other products such as wood and rocks. The loam would then be placed in a pile within the property in question. Any debris was removed and placed in a separate pile. 6) 1 further observed a very steep wall of sand approximately 50' high. The dirt road within the area ended at the base of the 50 foot high hill. 7) As I was conducting my inspection, Mr. Chris Keyes approached my vehicle. I identified myself and asked Mr. Keyes if he was crushing cars this particular day or any day in the recent past. Mr. Keyes stated that he had transported vehicles out of the yard to be scrapped. In the course of the conversation, Mr. Keyes further stated he was tired of the town hassling him and would like the town to take him to court to resolve the matter once and for all. [98-00361jackaff1] 2 f ti 8) On or about July 9; 1998, 1 received a phone call from Chris Keyes who invited me to meet him at 810 Wakeby Road, Marstons Mills, on Friday, July 10, 1998. 9) On Friday, July 10, 1998, at approximately 11:00 AM, I arrived at 810 Wakeby Road, Marstons Mills, and drove on a dirt path off Wakeby Road. I observed in the area, approximately 100 feet in off Wakeby Road, a number of vehicles in what appeared to be poor condition. I did not observe any current license plates on these vehicles. In the same area, there was a frame for a greenhouse. Beyond that, further north, were several trailers (work-style) in poor condition. Further in, there was a 3-sided area constructed of large cement blocks. There was landscaping mulch in that area. I drove deeper into the property and observed a large pile of horse manure. This was located at the base of the sand pit. There was also a very large pile of sand. 10) 1 then drove back to the area of the trailers. At this point, I observed Mr. Keyes in his truck who stated he wanted to show me around the area to explain what he is now doing and what he would like to do in the future. 11) Mr. Keyes indicated that he would like to operate a stump dump/wood- chipping/composting type operation where he would excavate materials he claims the Gifford family dumped on the site, such as wood loam, stumps, old tires and parts of metal, use a "shaker" to separate these materials, and then bring in materials to the site to assist him in manufacturing a salable loam product. If the town would allow him to conduct this new operation, Mr. Keyes stated he would "turn in" the class III junk dealer's license (which he currently does not have but would reclaim through the [98-00361jackaffl] 3 y payment of the outstanding taxes). After approximately one hour and thirty minutes, left to return to the town hall of the town of Barnstable. 12) On Monday, July 20, 1998, at approximately 11:00 AM, a group comprising Building Commissioner Ralph Crossen, Engineering Records Manager Frank Schlegel, and myself, flew over the sand pit known as Gifford Sand Pit, 810 Wakeby Road, Marstons Mills, to photograph the property. 13) On Monday, July 20, 1998, at approximately 2:00 PM, Chris Keyes called to tell me a plane was flying over his property and was probably taking pictures. He said, "What's the town up to? I guess I am going to have to start bringing in junk cars." He also stated, "Why don't the town just take me to court and let's get this over with." 14) On Monday, July 20, 1998, at approximately 4:00 PM, Mr. Greg Downs, Mr. Keyes' attorney, called me regarding the property located at 810 Wakeby Road. In the course of the conversation, I asked Mr. Downs to produce a copy of a signed administrative consent order which he had previously represented that his client had executed with the Department of Environmental Protection for the subject locus. Mr. Downs indicated that he would send a copy of the fully signed administrative consent order forthwith. To date, I have not received the promised signed Administrative Consent Order from Mr. Downs. Signed under the pains and penalties of perjury, this 6th day of August, 1998. Jack Gillis, Licensing Agent, Town of Barnstable [98-0036fjackaffl] 4 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT NO. 95-922 GIFFORD BROTHERS SAND AND ) GRAVEL, INC. ) PLAINTIFF ) VS ) STIPULATION RALPH CROSSEN, Building Commissioner for the Town of ) Barnstable, and WARREN J. ) RUTHERFORD, Town Manager for ) the Town of Barnstable ) DEFENDANTS ) Now come the parties in the above-captioned matter and acting by and through their respective counsel of record, hereby agree as follows: 1. The Plaintiffs agree to forthwith file an application 41 for a license for removal of soil, sand and gravel from their premises located at 810 Wakeby Road, Marstons Mills, Barnstable, Barnstable County, Massachusetts, (the "Premises") pursuant to provisions of Article XIII of the General Ordinances of the Town of Barnstable. 2. During the period of processing the application referred to in Paragraph 1. the Defendants agree not to commence enforcement proceedings against the Plaintiffs for the operation of the Plaintiffs' business at the Premises, including without limitation the providing, by the Plaintiff, of materials to 44 Gravel and Sand, under the provisions of said Article XIII of the General Ordinances of the Town of Barnstable. 3. The Plaintiffs in filing the application for a license pursuant to Paragraph 1 do not waive any rights they have asserted '"r7 Z0 39Cd 00i T NOSNIlS Z9980Eb805 GZ:90 b66T/bZ/TO 1� or may assert with respect to the validity or application of said Article XIII to the Plaintiffs current operation at the Premises. 4. In the event that a license is not granted or is granted and subsequently appealed by a third-party, the Defendants agree not to commence enforcement proceedings for failure to comply with said Article XIII, without ten (10) days written notice to the Plaintiffs Counsel of Record of the Defendants intention to do so, in order to permit time for the Plaintiffs to seek further Injunctive relief. 5. The parties agree that the Restraining order issued by the Court on July 2, 1996 shall be permitted to expire by its own terms on Friday, July 12 , 1996 at 2:00 p.m. G. The parties agree to be bound by this Stipulation which shall have the force of a court order and shall be filed with the papers in this (Barnstable Superior court NO. 95-922) . TOWN OF BARNSTABLE PLAINTIFFS By their Attorney B their Attorney me Y M chae D. Ford, Esqu re 72 :Main Street *dc�M. w s, Esquire Downs P. o. Box 665 1637 W. Harwich, MA. 02671 MA. 02563 (508) 430-1900 (508) 888-6067 $BOA 171440 HBO #542214 July 12, 1996 E0 39dd G60J 18 NOSNIlS Z9980E0809 6Z:S0 .b66T/bZ/T0 PAR ] Real Estate System - General Property Inquiry] Help [ ] Parcel Id: 012 002- - Account No: 3089 Parent : Location: 800 WAKEBY RD MM Neighborhood: 12BC Fire Dist : CO Devel Lot : Lot Size : . 86 Acres Current Own: GIFFORD, PATRICIA L TR State Class : 101 800 WAKEBY RD No. Bldgs : 1 Area: 832 Year Added: MARSTONS MILLS MA 2648 Deed Date : 080194 Reference : 9325/271 January 1st : GIFFORD, PATRICIA L TR Deed MMDD: 0894 Deed Ref : 9325/271 Comments : Values : Land: 27900 Buildings : 41300 Extra Features : 5800 Road System: 800 Index: 1773 (WAKEBY ROAD ) Frntg: 150 Index: ( ) Frntg: Control Info: Last Auto Upd: 072295 Status : C Last TACS Update : 011995 Land Reviewed By: Date : 0000 Bldgs Reviewed By: Date : 0000 Tax Title : Account : Taken: Account Status : Hold Status : Cancel [ ] Press XMT for more data Next screen [PAR ] Action [ ] Owners Name [ ] Road Index [ ] Road Name [ ] Parcel Number [012] [003] [ ] [ ] [ J S / cs C A0 1 .IG od Iv Sa.t.it g.11 C,oUrje and An OLD KING'S ROAD COTUIT, MASSACHUSETTS TEL. GARDEN 8-2083 oZ.Z 8-6002 ?6 Y. a -�i Q4%4, � V CALvm D. CRAWFORD COTUrr,MAasnasuSEM April 22, 1964 Barnstable Appeals Board Town Office Building Hyannis, ``a.ssac1r..isetts Dear Sirs: i wish to be recorded in favor of the appeal of Thatcher Gifford for permission to estab- lish his second-hand parts business -in a less conspicuous place than- it is now. It seems to me the proposed location is the least ob- jectionable' in town. His present operation makes a good deal of Santgit look like a diuulp, . . If you ,grant him his appeal he is to take all of his junk cars off into the woods into a sand hole where they can be seen by nobody. Very truly yours, ..,_. _ .. ._ _. .. ... ...... .... ..._ .__/'...� ... .. ... a ...�. .... _ { _ D U D L E.Y & K E R R, REAL ESTATE f -AREA CODE 617 428-6929 _ COTtIIT, CAPE COD MASSACHUS9TTS April 20, -1964 Rowley J. :Brockway, Chairman Town .of Barnstable =. - Board of Appeals Hyannis, 'Massachusetts.; Dear Mr. Brockway In re Appeal No. 1964-18 For the good of :Cotuit I strongly urge that the above appeal made by,L. .:,Thatcher Gifford to move his salvage yard from our main street be granted. The approach to Cotuit from: Falmouth is woodsy and attractive.' ..T. e.approach -to Cotuit coming in Putnam Avenue*. And passing our .ceme•tery is beautiful. But , the approach `to _Cotuit ,from ,Route #130 and ,pass - ng this -other graveyard destroys the village image we are always striving to improve. I sincerely`"hope that Mr. Gifford will be granted this, appeal so that he may carry on his business with .,the least offense to the. least number of people. Very trul yours f4ls B.�Dudley r °c 4 Falmouth Road Santuit, Massachusetts April 21, 1964 Board of Appeals Town of Barnstable, Massachusetts Gentlemen: Regarding storage yard of old automobiles and parts on the main street between Santuit and Cotuit on property owned by Mr. L. Thatcher Gifford, I feel that something should be done about the removal of this yard to a more suitable place off the main road between these two villages. I understand that Mr. Gifford has agreed to 'move this storage yard to a more suitable location on land he owns on a back road in Marston Mills. This piece of land consists of about twenty-four acres and he would agree to place the yard in the center so that it would be far removed from all property lines. It would seem to me that this would be a more suitable location for a storage yard than on the main street of Santuit and Cotuit and I trust the Board of Appeals will see fit to grant the variance so that Mr. Gifford can set up his storage yard on his property in Marston Mills. Sincerely yours, John Carm My JJM/nb c 2`7 �: � . w _ Main Street Santuits Massachusetts April 21., 1964 Town of Barnstable Board of Appeals Town Office Building Ayanhiss Massachusetts Gentlemen: Wes living on Main Street., Santuits strongly urge that you grant Mr. L. Thatcher Gifford his variance to use a portion of his premises on Wakeby Road., Marston Mi11s., for salvage of vehicles and storage of used parts. The present vehicle storages located on the Main Street to the village of Cotuits is a disgrace to the Town of Barnstable. Cars stored at ffakeby Road would not be seen by the travel— ing public as the area is surrounded by woodland and approx— imately one—tenth of a mile back from the road. This would constitute an- ideal location. Lately., the invasion of rats is more evident. This is un— doubtedly characteristic of vehicle storage and could certain— ly be tolerated far better in the woodlands of lTakeby Road than the Main Street of Santuit. After weighing all argLnnents and considering all facts, I truely hope that you can grant this variance. Sincerely., Jeanne L. Perry (Mrs. William H. Perry III) 0-a✓am . Mill' 'H. P 1 i Perry III �oFTx�To� TOWN OF BARNSTABLE BOARD OF APPEALS HAUSTAX i 9� 9 NOTICE OF PUBLIC HEARING UNDER ZONING BY-LAWS Appeal No. 64-18 #11en I. Dubb & ice D. Jaekscn, oring 0. Jones. A-ed L. & Ruth R. Williams, dEVert L. Baker. Rego ge v A. Stackhouse Being all persons deemed interested or afFectad by the Board of Appeals, under Sec. 15 of Chap. 40A-of General Laws of tie Co monwealth of Massachusetts and all amendments thereto, you are hereby notified that L. TIL MER G.DWRD . _ ..._.._.._._........................................................... _._... has appealed to the Board of Appeals from a decision of the tBuilding Inspector and petitions for a Variance to permit use.of. premises For salvage of vehicles and storage of used parts; premises being located on Wakeby road. H'arstons Mills, in a Residence D3 area. A public hearing will be given on this petition, in ..._ _ ......To._Office Bui].diri�_�_ on __.. aP _2 R� __.., _ _._.. _ at ......_.3_15_.p•M. ._............__._._._ You are invited to be present. By order of the Board of Appeals, Rowley J. Broc (1 5 proofs roofs please) _._....w_....._...._.........._......__..._._..� .._.__.__...__._, Chairman. April 9 and 16 R. Ralph Horne Roland T. Pihl THE COMMONWEALTH OF MASSACHUSETTS Town of Barnstable ......................................... ........ CITY OR N , ---Tow-. BOARD OF APPEALS may 19 i. ------------------------ NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Pbrmit has been granted To. L. Thatcher Gifford --------L. Thatcher Owner or Petitioner Address._.. Main- ------ Street -----------------------•----------------------------=---------------------=---------------------------- City or Town------------ antuit - - Wakeby Road Marstons Mills. •----•-•---- --------------------- ---------------------------------------------------------------------------------------- Identify Land Affected .-----------p--�---t-------------------------------•----------------------------------------------------------^- ------------------------------------------ by the Town of._.._..__Barntable - --• Board of Appeals affecting the rights of the owner with respect to the use of premises on-------WakQby Road Marstons Mills ------•-•...........•--....---•••......------••................................... Street City or Town the record title standing in the name of Lorenzo T.- Gifford. Jr. ----------------------------------------------------------------------------------------------------------------- whose address is-------Main_Street Santuit Massachusetts --------- Street City or Town State by a deed duly recorded in the---- Barnstable ______County Registry of Deeds in Book 664_______ Page----466 __ ------ =---------------------------------------------------Registry District of the Land Court Certificate No................. ................Book ----------------Page................ The decision of said Board is on file with the papers in Decision or Case No._1964_18------- City in the office of the Town Clerk---------- the Town of Barnstable ----------------------------------•--------------------------------------- MaY Signed this_19 _.day of- ' - 1964 ...— - .-.. Board of Appeals: - < r -------- -.--Chairman JBoard of Appeala .--Clerk Board of Appeals --------------------------------------------------19........ at..............o'clock and--------------------------------minutes ----M. Received and entered with the Register of.Deeds in the County of------------------------------------------ Book------------------------- Page------------------------ ATTESTRegister of Deeds Notice to be.recorded by City or Town Clerk. PORN tO94 HOCBS•WARREN INC. ,.. .,.' � ,.. .... 1. .> ....f...t r-,r .. ..r.., ...�.r r IF ...s-0�KTt ae,s�-•/. ..• nr - _. ... .. ..- -._. _ .... ........._ _. _.- �_ At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. On ...................................................................................... 19......... the Board of Appeals found ' 54...pp'�^^` �y±'- ate•` ;..;y 1r V, ��Ti v rt wAs yea Ypa M,pa-':':i.:v is V 4µ''-ayQY^_,�iG se6�� �r�a1�'�ii*4Y' t1fc r,}Si..TLaFN Yc *L •�-ilM.r'vr r. c11,y r-f-was o a W 1"`6at'1000 The ��aY on 'It, i.3�J��4.a{� �d ` rt� AlZ� �_ ,�6� -tot 7uiJ 1 e. �4� � �V tho � �+ a In Vt o 'feat Lune. cats o 61 _ a to r"I nor. to arx area UVU AWE jr» the VO hl wcq -tt3.d.ni 44 6 / iV , 0 11" .his an ou n p#i' Ee rantul .- l:x t 61W f oil` co4"NR40,*' i`4 .� i • ea with a aS!rae,� G.rh tl rocw:a�i� 'Tn i,r r....O th 'R°Et of tt! r.' � a= 3�•O d Vo 9 4C :0 s MI not bo v t alb :=* read. 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"'tea r wFE. ��y{}y�F�nim .�. {����� ��},,��t ' �{c 2e!�a t4•T �"�� ��-� /!��aXtt'�'trams-fit�i� �}�{- o,�s� i� �V� � �'•`+�'.e•� ry`fi r "t45..�r+aNC�iwJM��V t�'fl�:.aw�,y�;�.:li.+� .r �6a -na SrMmM S`�� ytp t�q 0et to �.h�+o Ift"l ,yCi ytn conaltIona icy �' w 8�'t�:e Lr�f �{�a�ti t 12TTe%4i�G I An �:o i St frrIa ed o t i y Fly to aYl•+�i 3r �1d ! *d �•�o i.Rb�Vi1 n t ram ow m.,.+�a w.:-i. ..sJX�. Jti• �' lr;:'���g +as -. �' «i.w� "i.ow�t6�' � �`� � � �rW 7.�'� + Y 4i ,11r Mat "i. yq� �iG 441 d—&A •,35f - n 40. �se - 1 r .y 4.' -PrO'.t�ii.4- '' did r-x Distribution:— Board of Appeals Town Clerk Town of Barnstable Applicant Persons interested Building, Inspector Public Information By ........................„, ....:. Board of Appeals Chairman a 40• ` THE COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE BOARD OF APPEALS -------------------------June 3.................................. 69 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Ptrmit has been granted Idllian Gifford & YAyna.rd Gifford To. - - - Owner or Petitioner Address = City or Town. - - --------------------•------•---- -----.------------ Waieby R4a�', `" rstons_Mills --------------------------------------------- Identify Land Affected by the Town of Barnstable. Board of Appeals affecting the rights of the owner with respect to the use of premises on......Wakeby.Road Ma rstons Mills ........- - - -----------------•---------------------•------------•----- Street City or Town the record title standing in the name of . ldlliam Gifford & Maynard Gifford ------------•--.-----------------------------------------------------------------------------------•---------- whose address is----------------•--._ -- Santuit 1'�,assachusetts Street City or Town State by a deed duly recorded in the..........Jkrnstabl a---------County Registry of Deeds in Book ..1350-•-•- Page_..._014 ----------------------------------------------------Registry District of the Land Court Certificate No.................. . --_.._.Book ----------------Page-------:........ The decision of said Board is on file with the papers in Decision or Case No...1969.17 in the office of the Town Clerk of the Town of Barnstable. Signed this....3�.day of.................June ........................196 9 Board of Appeals: •-------------------------- --Chairman Board of Appeals ---------------------•-.------..------------------------------------------------Clerk Board of Appeals •--•••---••------•------------------------------19......... at..............o'clock and--------------------------------minutes ....M. Received and entered with the Register of Deeds in the County of.......................................... Book..........................Page........................ ATTEST .•.......-•.............................................................•--- Register of Deeds Notice to be recorded by Petitioner • �o`�,E?o� TOWN OF BARNSTABLE BOARD OF APPEALS ' NOTICE OF PUBLIC HEARING O,639. UNDER ZONING BY-LAWS Appeal No. 96tt'3A 1964 / dJ�E0v.]e.rerti L. L. d Rath R. Williams9I. Dubb &j ice D. Jaekson / n a. Janes. j4ed %kers ge A. scase I �.I Being all persons deemed interested or affeetad by the Board of Appeals, under Sec. 15 of Chap. 40A of General Laws of the Co monwealth of Massachusetts and all amendments thereto, you are hereby notified that L. THATMOR GIFFORD "r Inspecto has appealed to the Board of Appeals from a decision of the Bldg --and petitions for r, a Variance to permit use of premises for salvage of vehicles and storage of used parts; premises being located on Wakeby Road. Marstons Mills. in a Residence D3 area. S Building A public hearing will be given on this petition, in _-_Toaai Office bn April 23. 196' - — at 3115 P.M. You are invited to be present. By order of the Board of Appeals, (15 proofs please) �� �'- - ,Brockway Chairman. April 9 and 16 R. Ralph Horne Roland T. Pihl At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. On ........................................ 19......... the Board of Appeals found Thatcl-ar Glffards the Petitioners was represented by Joseph BaGebers Esq. Br eacher stated that the Petitioner was e®®king a Variance to trove an existing taaobilo parts salvage business- to a new location. The location in which tho etitionor proposoe to locate his business is ttn a gMv l Pit ����b��ad ' Marstons H111s, The ts•ea is DOw zoned so hick the petitioner presently operates in santuit has bee" An eyesore to the o�:uniry and the petitioner feels' that it would be in tb® boat interests of al orcernod to move the business to en area wall away from the travelled highway. t is tha opinion of mony people that the situation oar it now, eaietil Mates dahip not only.!or the viliege of Ssntuits, butt also for Cotuite ft. Desebw aced that the proposed location is abort lo©o feet from tho road and is boat a hollow with a screen of trees surromding the front part the tot. He tatad than: stared vehicles would not be visible fro= the road. tare Boechsr rer stated that the phyel.eal condition of tbo proposed location etas such hat it could not be used for res dentba purposes. To deny the owner use of th ither for any purocoo would result in a severe e hw-dship to home 22 People in Oka or were retarded in favor of petitioners. request and 6 peep as ition. It was the opinion of the Board that the eais titi8 automobile parts saivre oration in its present location, has created a serious problm for the enti: eighborhocde The location of selvage yards is a difficult problem in any area f t:A town• However$ It* is lZoartant that they be placed in areas zzftsma away ron the well-travelled hl4iways and where the day to day operations may be creenod from view as mwh an possible• '"he location for with the petitioner eeks permission to uses seems to fat those. It is important to note that roporty near rsons who osaz p the proposed location spoke in favor of grrAnting is request an the locust of t%4o evils* The Board tether fvund that awing to oad2tiona i especially affecting this pwools but not atffetting rally .the zan3:ng district. in which It is Located$• a literal enforcement of he BywLaw vm3d involve substantial hardelAp to the petitioner and further the lief could be granted without nullifying ar substantially derrogating fray th intent .and purs=oa+s of the zoning by-law. The Board =snimcuely.votod to grant etitionere. recimr-t s subject to the fol1cwiing condition®: U That the use of th lard in the new location be restricted entirely to that area behind the $Green trees. 2 That only am building may be const:acted for we in connection with ttio Bsivage yard and such bul3dt�g must be located behissd ttv $ereon of treed. Fo ttb©o are to be ,removed. k ",Ut the present location at Santuit be *ample cleared of an material wither s m► csanabl+0 tiMt Distribution:=- Board of Appeals Town Clerk Town of Barnstable Applicant Persons interested Building Inspector PyiMir Information Bylv . �... . ..�Aow.4 t J TOWN OF. BA.RNSTABLE Board of Appeals Petitioner Appeal No. . . is 73 FACTS and DECISION Petitioner Mlliam...C�a. Sara',.._.. _.............�...__......„............. filed petition on _J=Ua.r7.1t_... 1973 , requesting a variance-permit for premises at .1'Takehy.Rd................_..................................... Street, in the village of liaral.Qns..MUa.......... , adjoining premises of----. Evert L. Baker, Charles N. Savery, Loring G. Jones & Ilarold Jones, Maynard T. & William C. Gifford, Fred L. Williams Ruth R. Williams, Edward J. NIcClusky, Raymond R. Rogers, Grace Robertson, Bernice L. Hox.e, Long Pond, George A. Stackhouse, Evert L. Baker, Donald Blakeman Planning Board, Town of Sand'vrich. Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and Netrs by publishing in Cape Cod,SteBdaf&-Tomes, a daily newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of, Appeals of the Town of Barnstable was held at the Town Office Building; Hyannis, Mass., at P.m. —ni eb�ua�y� _ 1973 upon said petition under zoning by-laws. i Present at the hearing were the/following members: Jean P?cKp. z Q_ B=p _.. .1}? _ ._ _ .....Joseph A- Wj 1.I i nms Chairman :.y At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. on _ 1` Gh .„ _. 19 , the Board of Appeals found Mr. Gifford represented himself before the Board and stated that he and his brother have a plowing business in the winter and a small bulldozing business in the summer. The proposed garage would be used for storing and maintaining the plowing and bulldozing equipment. The Board found the Petitioner's locus is in an RD-2 District which allows for a home occupation and service use. 'The Board voted unanimously to allow a Special Permit under Section I 6(b) subject to the following restrictions.- Restrictions imposed (1.) The garage may be 'used for storing and maintaining equipment owned by Mir. Gifford only. (2.) If- the use allowed is iscontinued or -the property sold, this building could tlen be used only as a residential garage. Distribution:— Board of Appeals Town.Clerk Applicant Town of Barnstable Persons interested. Building_Inspector 1 Public Informat%on Board of Appeals Chi an .' THE COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE BOARD OF APPEALS la ..............Trzb._15.............................1973 NOTICE OF VARIANCE .1 Conditional or Limited Variance or Special Permit (General Laws Chapter 40A,Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Ptrmit has been granted T•T• .. Owner or Petitioner Address...._lakab_y_.1rxad....._._.. ------------•--•..:.._..... .......................... ..-- . City or Town.....(i,arnstablP-)....T1arst,Anz..MLL]s..................................................................... -----------------------------------•---•---•----...._..-----•--------------•--._...---------- ....................................................... Identify Land Affected ` -•....................................^------•-----••-•----•--.......••-•-----•- • by the Town of Barnstable. Board of Appeals affecting the rights of the owner with respect to the use of premises oil.....14akaby--Ind•.•--••-•-•--•--------•---�Baxnstab1el....Narstnna.Mlls 1 Street City or Town ' the record title standing in the name of 1 ti 11 m. Erma--------------•--- ..._....--------------•--------•------... whose address is HaImby U•--. it?rsl{oas.. Zii].a............. ............... Street City or Town State jby a deed duly recorded in the_Bara$:�le..................County Registry of Deeds in Book 1207 Page..562......... ....................................................Registry District of the Land ourt Certificate No................. ................Book ................Page........:....... ! The decision of said Board is on file with the papers in Decision or Case No....... 2.7 - ..... 1 . in the office of the Town Clerk of the Town of Barnstable. Signed this...15!Uay of.........March.............................19 73 Board of Appls: �- . ..Chairman t3oarrbt Appeals i Clerk ------------------ Board of Appeals ._... .. -19_...._. at..............o'clock and-------•------••------•--•••-••_minutes M. .._...•----................................... .... ' Received and entered with the Re ister of Deeds in the County of..---------------------------------------- 1 Book........................ Page.... ••- --- -- 1: ATTEST ••.........................•••--••.......................................... Register of Deeds v Notice to be recorded by Petitioner i— --------------- - --- FEE I NUMBER THE COMMONWEALTH OF MASSACHUgETTS ------ BARNST ABLE.........................TO ..of....... . .. . ; MOTOR VEHICLE JUNK LICENSE—CLASS Ill. iAter 14�0 of the General Laws with amendments II i In accordance witli the provisions of Chal I thereto ..................................... $l laKFJ!1...AUTO...Sl�LVA,GE---------------------•-.--..---------..--.-..-..-_-.-.-.:._-.---- I is ltercl, insed to buy second-hand motor vchieles for the purpose of d remodeling,ve, taking apart or rcbuildino the same, or the buying or selling of parts of second-hand motor vehicles or tires,or the assembling of motor vchicl" parts at No. ..8i.0---Wakeby--Road-----• St. li Mars tons.. ........................... on premises described as follows. ................................ I ower line ........From the..woods...at..f ar...end.,of...grave.1...t4...p............................a I� ! 100 feet -ln...f rom any...abutter.-............................. .............•--•...... -..-..-.. .....................I.......................... I ...........- ................................... ...... ............. .............................................. Signed........ _ �...1............ a .7anuar� i .. I I THIS LICENSE EXPIRES A i• 1 I THE PREMISES. TII1S LICENSE MUST RE POSTED IN A CONSPICUOUS PLACE (OVER) i I FORM 56 HOBBS FtWaFPe N. INC. REVISED i I i i i Thomas F. Geiler { »n TOWN OF BARNSTABLE Licensing Agent rtra 790-6252 &63q. r F ❑New Application ❑ Renewal � LICENSE APPLICATION Z ��, El Transfer � Print or type only � , S�Pv No�,��''❑Other........................ (Please bear down hard) ®� C,P Date .... ./rib`/P3 /...'.. !t;.. �(1 �! .D B A ...... ��t/�?1�......��°......1�...0..�. �........... Name of Applicant ..f.� 9.!�1..(.�.1.!�.......4s L,� ••••••••••• / / �r• Corp. Name if Different ........................................................f................................................-.....FID # ........:........................................ Permanent Address of Applicant A .......71`A.. t../ :.........'."l. .......................................... Local Address of Applicant ..............:.�l.r.�...�.t..l�S..:....�:...''1.g.............................................. �S �t // .. -rLT ..: "....Place of Birth .......................... Type of License .....e./.'a.S5..._=......................................................Status: Annual ......... .............Seasonal ............ Nameof Manager ........................................................................................................................................................... # .................... PermanentAddress ......................................................................................................................................................................................... LocalAddress .................................................................................................................................................................................................... ....................................................Place of Birth .................................................................................................................................... Telephone # of Applicant: Home (.................)...................-...................................................Bus (.............)...................................... Telephone # of Manager: Home (.................)...................,...................................................Bus (.............)...................................... Locationof Business ...................................................................................................................................................................................... Mail Address if different ...............................::....... .................. ........ ..... Assessor's Map #(s) ......................................................................................Parcel #(s) ......................................................................... . Any flammable substance or hazardous waste use in business (specify) ..7.,2 6.,7 Vt .....: `•• � Ifnew license - date of proposed opening ............................................................................................................................................. This form must be completed at least twenty-one (21) days prior to the effective date of license. This applica- tion will not be forwarded to the Licensing Authority for approval until all necessary inspections are com- pleted. Inspections will be carried out during the twenty-one (21) days prior to the effective date, and if the premises to be licensed are not ready for inspection the issuance of any license will be delayed pending reinspection at the convenience of the inspectors. Applicants must contact the Building Commissioner's Of- fice, the Board of Health Office and the appropriate Fire District Office to schedule inspections. NO BUSINESS MAY OPERATE WITHOUT A V ID LICENSE ON THE PREMISES Signatureof Applicant ........4 /,z ......-.... .............................................................................. --------------------------------------------------------- For TImusnly License Fee $............ .........................Date Paid....... . . ....Application Fee $...................................Date Paid... INSPECTORSAPPROVAL................................................... ......................................................................................................... Building/Zoning......................................Date..............................................Board of Health.......................................Date.............. Wire......................................Date......................Plumbing...........................Date......................Gas........................................Date...... FireDist......................................................Date..............................................Licensing Agent.......................................Date.............. LicenseGranted.......................................Denied......................................... Date..............................................................Number....... White-Licensing Authorin• Canm1•-Health Department Gold-Building Commissioner Pink -Fire Department Cornrnonweafik ol Ma66acka6etb 2 admen! o Jndu,s1rial —, cciL-11 600 VVnaltinglon Sireel ,James J.Campbell D,odon, /i'/a6jac1tt4oe11d 021 1 1 REGii Commissioner DEC 2 $ 1995 Workers' Compensation Insurance Affidavit �� ENf;O ING AUTHORITY lF BARNSTABLE � (Ilcenieelpermittee) with a principal place of business/at: �I f(Clry/State/Zlp) do hereby certify under the pains and penalties of perjury, that: O I am an employer providing workers' compensation coverage for my employees working on this job. Insurance Company Policy Number I am a sole proprietor and have no one working for me in any capacity. I () 1 am a sole proprietor, general contractor or homeowner. (circle one) and have hired the contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy, Number Contractor Insurance Company/Policy Number i .. ern'sr �D 1 •,� �t.e Fier i Contractor ns.,i•as: o.. ,,....y . o.s�, ....a..., () I am a homeowner performing all the work myself. 1 understand that a copy of this statement will be forwarded to the Office of Investigations of the DIA for coverage verification and that (allure to secure :overage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a fine of up to S 1,500.00 and�or ors• ears' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of $100.00 a day against me. --- Ji'l . , n ��NI / . , day of � a Signed this � y,�,,�.j.j_,_____�. _W Building Department Licensee/Permittee Licensing Board Selectmens Office Health Department TO VERIFY COVERAGE INFORMATION CALL: 617.727.4900 X403, 404, 405, 4091 375 I "TOWN OF BARNSTABLE RENEVI-' AL AFFIDAVIT 111PORTANT' Please complete this document in its entirety. BEL 281995 1 tJVd ur�hRNS-rABLE ' LICEtyNSING AUTHORITY (Individual Owner, Partnership, Corporate Manager) of � �/7 -,4-6( lo S'c� ly� (Corporate Name, Business Name, fridividual owner or Partnership) apply for a renewal of All Alcoholic / Wine & Malt / Commons Victualer / Lodging House / Auto Dealers - Class _jZ_ and give oath that this is the same type of license held during the year 19�q covering the same licensed premises at F/D [�)a 6 ,6 G' �h, �I/.r �C� 6 jr Phone Numbers; Home ijdX—,_;iaq Work '/� �`�� 7 Current Manager: Property Owner's Name: Address: i Assessor's Map # /3 ,Parcel N y� Capacity of Premises per Bldg. Dept. Do you have an entertainment license? Yes No t/ If YES - What kind of license do you have? Daily Live Sunday Live I Daily Non-Live -- Sunday Non-Live Coin Operated Number of Machines i If you have live entertai rim ent,what kind? What are the hours? Daily Sunday by FID No. or Signed Y Date r - THE COMMONWEALTH OF MASSACHUSETTS OF. APPLICATION FOR A LICENSE TO BUY, SELL, EXCHANGE OR ASSEMBLE SECOND HAND MOTOR VEHICLES OR PARTS THEREOF I, the undersigned, duly authorized by the concern herein mentioned, hereby apply for a. . . . . . . . . . . . . . class license, to Buy, Sell, Exchange or Assemble second hand motor vehicles or parts thereof, in accordance with the provisions of Chapter 140 of the General Laws. 1. What is the name of the concern? . . . . dam;i 1; 1"j..�tlf tL� . Q. .U�lR. . . . . . . . . . . . . . . . • Business address of concern. .No. X/ : zva!4e.1;7 �I �'•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .St., ✓.1 ?c ., /- . . � eG�`AT Vo.� . . J.` O., . . �?j2hyg . . . . . . . .City — Town. 2. Is the above concern an individual, co-partnership, an association or a corporation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. IIf�ann individual, state full name and residential address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. If a co-partnership, state full names and residential addresses of the persons composing it. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. If an association or a corporation, state full names and residential addresses of the principal officers. President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Are you engaged principally in the business of buying, selling or exchanging motor vehicles? . . 1/?-?S If so, is vour principal business the sale of new motor vehicles? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�a . Is your principal business the buying and selling of second hand motor vehicles? Is your principal business that of a motor vehicle junk dealer? / .`S iYrs a FORM 53 A.M.SULKIN CO. TO NN OF:S ,RNSTABTE 1,. TH0 7. Give a complete description of all the premises to be used for the purpose of carrying on the business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '(::2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Are you a recognized agent of a motor vehicle manufacturer? . . . . . . . . . .to V 0. . . . . . . . . . . . . . . (Yes or No) If so, state name of manufacturer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Have you a signed contract as required by Section 58, Class I? . . . . . . . . . . . . . . . .IV/:Vo. . . . . . . . (Yes or No) 10. Have you ever applied for a license to deal in second band motor vehicles or parts thereof? (Yes 6 No) Ifso, in what city — town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Did you receive a license? . . . . . . . . . . . A0 j .. K7S. . . . . . . . For what year? .. . . . . . . . . . ( s or No) 11. - Has any license issued to you in Massachusetts or any other state to deal in motor vehicles or parts thereof ever.been suspended or revoked) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .I . . . . . . . . . V1. . . . . . . . . . . . . . . . F A ?! Sign your name in full. . . (Duly authorized to repfesen't;L cg4:c�hereix mentioned) Residence lee f . . . . . . . . . . ... . . . . . . . IMPORTANT EVERY QUESTION MUST BE ANSWERED WITH FULL INFORMATION, AND FALSE STATEMENTS HEREIN MAY RESULT IN THE REJECTION OF YOUR APPLICATION OR THE SUBSEQUENT REVOCATION OF YOUR LICENSE IF ISSUED. NOTE: If the applicant has not held a license in the year prior to this application, he must file a duplicate of the application with the registrar. (See Sec. 59) APPLICANT WILL NOT FILL THE FOLLOWING BLANKS Application after investigation . . . . . Renewa.l . . . . . . . . . . . . . . (Approved or Disapproved) License No. . . .1 . . . . . . .granted. . . . . .Jiwuary. .1. . . . . . . .19.9 6. Fee $. .7.5.0 0• • • , Signed. . . . . . . . . . .!' . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 140 OF THE GENERAL LAWS, TER. ED., WITH AMENDMENTS THERETO (EXTRACT) SECTION 57. No person, except one'whose principal business is the manufacture and sale of new motor vehicles but who incidentally acquires and sells second hand vehicles, or a person whose principal business is financing the purchase of or insuring motor vehicles but who incidentally acquires and sells second hand vehicles, shall engage in the business of buying, selling, exchanging or assembling second hand motor vehicles or parts thereof without securing a license as provided in section fifty-nine. This section shall apply to any person engaged in the business of conducting auctions for the sale of motor vehicles. SECTION 58. Licenses granted under the following section shall be classified as follows: Class 1. Any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose authority to sell the same is created by a written contract with such manufacturer or with some person authorized in writing by such manufacturer to enter into such contract, and whose principal business is the sale of new motor vehicles, the purchase and sale of second hand motor vehicles being incidental or secondary thereto, may be granted an agent's or a seller's license; provided, that with respect to second hand motor vehicles purchased for the purpose of sale or exchange and not taken in trade for new motor vehicles, such dealer shall be subject to all provisions of this chapter and of rules and regulations made in accordance therewith applicable to holders of licenses of class 2. Class 2. Any person whose principal business is the buying or selling of second hand motor vehicles may be granted a-used car dealer's license. Class 3. Any person whose principal business is the buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding the same, or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts, may be granted a motor vehicle junk license. SECTION 59. The police commissioner in Boston and the licensing authorities in other cities and towns may grant licenses under this section which shall expire on January first followingy the date of issue unless sooner revoked. The fees for the licenses shall be fixed by the licensing board or officer, but in no case shall exceed$1f/U.dollars, Application for license shall be made in such form as shall be approved by the registrar of motor vehicles, in sections fifty-nine to sixt.--six, inclusive, called the registrar, and if the applicant has not held a license in the year prior to such application, such application shall be made in duplicate, which duplicate shall be filed with the registrar. No such license shall be granted unless the licensing board or officer is satisfied from an investigation of the facts stated in the application and any other information which they may require of the applicant, that he is a proper person to engage in the business specified in section fifty-eight in the classifications for which he has applied, that said business is or will be his principal business, and that he has available a place of business suitable for the purpose. The license shall specify all the premises to be occupied by the licensee for the purpose of carrying on the licensed business. permits for a change of situation of the licensed premises or for addition thereto may be granted at any time by the licensing board or officer in writing, a copy of which shall be attached to the license. Cities and towns by ordinance or by-law may regulate the situation of the premises of licensees within class 3 as defined in section fifty-eight, and all licenses and permits issued hereunder to persons within said class 3 shall be subject to the provisions of ordinances and by-laws which are bereby authorized to be made. No license or permit shall be issued hereunder to a person within said class 3 until after a hearing, of which seven days' notice shall have been given to the owners of property abutting on the premises where such license or permit is proposed to be exercised. All licenses granted under this section shall be revoked by the licensing board or officer if it appears, after hearing, that the licensee is not complying with sections fifty-seven to sixty-nine, inclusive, or the rules and regulations made thereunder; and no new license shall be granted to such person thereafter, nor to any person for use on the same premises, without the approval of the registrar. The hearing may be dispensed with if the registrar notifies the licensing board or officer that a licensee is not so complying. Any person aggrieved by any actinn of the licensing board or officer refusing to grant, or revoking a license for any cause may, within ten days after such action, appeal therefrom to any justice of the superior court in the county in which the premises sought to be occupied under the license or permit applied for are Incated. The iustice shall, after such notice to the parties as he deems reasonable, give a summary hearing on such appeal, and shall have Jurisdiction in equity to review all Questions of fact or law and may affirm or reverse the decision of the board or officer and may make any appropriate decree. The decision of the justice shall be final. Map #13 Parcel #52 APPLICATION FOR A LICENSE TO BUY, SELL, EXCHANGE OR ASSEMBLE SECOND HAND MOTOR VEHICLES OR PARTS THEREOF. e.z APPLICANT WILL NOT FILL THE FOLLOWING BLANKS A } 5 Application No. . . . . . . . . . . . . . . . . �* r ' . M k yfiY pF�fl Class . .III. . . . .License No. . . . .1. . . . . . . . . . . . . '�,� ... ... ,.... �a Name . . B.ILKEK .AUT.0 .SALVAGE. . . . . . . . . . . . tw St. and No. . . . . Al Q. W.akQ-by. Road . . . . . . . . . . City — Town . . Marstons Mills,. Ma.. . . . . . Date Issued . . . . January l, 19 9 6 . Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FORM 53 A.M.SULKIN CO. Town of Barnstable Licensing Authority + MRN6rM" " b MAS& p " 230 South Street, Hyannis MA 02601 P.0 Box 2430 TEL: 508-790-6252 FAX: 508-778-2412 April 25, 1997 Bilken Auto Salvage 810 Wakeby Road Marstons Mills, MA Dear Mrs. Gifford: Please be advised that you must cease and desist any and all operations involving the class III license previously held by you r facility. Our records indicate that the license was not renewed for 1997. If you any questions regarding this matter, please call me at 790-6252 between 8:30 a.m. and 4:30 p.m. Monday - Friday. Jack ?is, nsing Agent JG`oar I I I i i iI I i Uilken I I TOWN OF BARNSTABLF Board of Appeals _MILLIAM....COIF.FORD.....&...AMYNiARD.....GIFFORD Petitioner Appeal No. ...3,. I.�T. . _...... ._...._ ..... 19 69 FACTS and DECISION Petitioner ...WILLIAM...Zjj?.F4RD 4...MAYNARD 11•yF$Y9RIDetition on ..........F..eb....... •7••,19 69, requesting a variance-permit for premises at .......Wakeby••Road............................. ........ ftawx in the village of ...Maraton,@ adjoining premises of.....-Evo '.t.....L,.....3"er'p......F..r..ed...Lv.....4...Ruth....g. _.Vill.lams.,.....Laring.....J=88-r....Saro-14_..Ione.s.......D....&....R....p.rap@rt y......Ine............... __ for the purpose of obtaining....pa=iaaton.:...to•..••vary..•.the•.•••zonin b —.1•a�z....to..... �... y permit extension of a non-conforming use by the construction of a building and....t.o....inc lnd®.....the..._sal.e....of....Us.ed....auto....:part•s.................._.................................._................................._._._� Locus is presently ' P Y zonedin .»..8....RO$:L+de=®....,D.��....•sY•@8r.........:............................... _..................................................................................................................................................._....................................................................................................................................... Notice .of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Cape. Cod Standard Times, a daily newspaper published in Town of Barnstable a copy. of which is attached to the record of these proceedings filed. with Town Clerk. A public hearing by the Board of'Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at ...1.1.15t................. P.M. .............................MBy....? ............................... 19 69► upon said, petition under zoning by-laws. Present at the hearing were the following members: RA.iaert.._E.......Q.!.tiieil.........._ ...........Jam...S earse......................... ...nnfnrd....G,oin.s................. ._._... Chairman r At the conclusion of the hearing, the. Board took said petition under advisement. A view of the locus was had by the Board. On ....................................................................................... 19......... the Board of Appeals found The Petitioners were represented by John P. Curley,Jr,,Bsq. The Attorney stated that the Petitioners were seeking permission to extend a non—conforming use by constructing a building for the sale of used auto parts. Mr. Curley stated that the original use was granted by the Board of ippeals in 1964. The purpose of the now building Is to house salvageable parts from cars and to sell these parts on the premises. It will be necessary for the Petitioners to secure a different type salvage license, but this .would be .dependent on the granting of a permit by the Board of-w Appeals. The existing building would be removed and the new building. 30' x 300 would .be constructed. Mr. Curley further stated that the Petitioners own approximately 14-16 acres and that the operation of the salvage yard would bd located in the middle of the parcel surrounded by woods on three sides and the power line on the back. It-was the opinion of the Board that the extension requested was not unreasonable, for a salvage yard in this location, and the intent of the Petitioners is to have a larger building to .carry on their business. Because of the large acreage owned by the Petitioners, wh ch surrounds the salvage yard operation, the Board feels that it is not detrimental to the neighborhood. The Board unanimously voted to grant a Special Permit for the con— struction of a building to be used for the storage and sale of used auto pasts to William Gifford, Maynard Gifford and Kenneth Borthel, (tenant% to be restricted to that period of time during v _ which t ��s or the Tenant retain ownership of the present acre parcel. Distribution:— Board of Appeals Town Clerk Town of Barnstable Applicant Persons interested Building Inspector Q Public. Information By ...................R ® E....0'�l'eil Board of Appeals Chairman ob...�. 1 - TOWN OF BARNSTABLE Board of Appeals iWmalubli. Barthel Petitioner AppealNo. .� �_.... ........ _ _...._ ._ .� ..._ ........................ Willi G. ()1Pf®&JCA&nd DECISION Petitioner ......._........._....................................................................._.................................... filed petition on _......A.0t.2i; 1961 , requesting avariance- for remises at ' ...._ :.- wl� Street, in the village P _ , ..... ....... ....... .......................... of ..:i.. .........,. adjoining premises of_............re=0 ` • .........................................................................................................................................._.... for the. purpose of ......Pe_ _:►1 t3 _7 :Y'332 A f k,) ' no 8tt?JE&,v-i `r '�ised cars ...... and --used pa"to under...a...�Cions.....�... h��...; ics �e................................................................_..............._..._ Locus is presently zoned in .. Qtcf710 D"Z _.....:................................................................................................................................................................................................................................................................................... Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Cape Cod. Standard Times, a daily newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town .of Barnstable was held at the Town 34 Office Building, Hyannis, Mass., at .... ....:. _ ' P.M. ...................} 4V.'..... 0.............:....... .......... 19 3 upon said petition under zoning by-laws. Present at the hearing were the following members dr�bert, <, -'J�i2 . .. Chairman -............................................................... ................. ......,............................................................................. ......................................................._..................__._ ' sy At the conclusion of the hearing, the Board took said petition under advisement,. A view:.of the locus was had by the Board. ............ 19............. the Board of Appeals found 0"he petitioners s*ated that he presently has a Class 3 lvafrp-M License. The Promises which he proposes to use off 11WMby Rd. are located in a deep hollow which is not suitable for residential XoM. purposes. Pert of the area had been used as a sand pit. The sieareat residence to about 1,000 f t. away. There has bem considerable. dUMPIng. of brush and other debris on an adjoining parcel.. Tie petitioner plane to ereot .a building for the storable of parts. The petitioners have attempted to find other locations but have bemn unable to. Two persons appeared lu favor and tiro person appouired in opposition. The Board was of the opinion that the zoning area in which tit petitioner's land is looated, to the moot hi lly reatrioted zoning in thte `town. This abutting property oars wCo appeared stated that they InterAed to develop their land for residontiaal purposes. grader these airounatances the location of as salvage yard on Wiese pr emi aes would be a detriment to the area. In a d►ition, trim Soard Felt that Vie petitioner failed to establish a suf"f"ioient hardship .to warmnt the granting of a variance. The Ord unaninouly voted to deny the .potitionor'B request. Restrictions imposed: Distribution:— Board of Appeals Town Clerk Town of Barnstable Applicant Persons interested Building.Inspector Public Information . Board of Appeals Chairman TOWN OF BARNS'T'ABLE ' Board of Appeals I Petitioner Appeal No. '19MmIA �& 1964 FACTS and DECISION Petitioner ?•• '1'Ki Q � filed petition on nth 1� requesting a variances for premises at � e "fi of r A "MM the villa g IZ---� , adjoining premises of12M Ze Dtft A s 00 D� dw Wn joMm �. aerie. pirdttb R. d3115a,®ar As Staca4UM for the purpose of an'1 -.VRdMD Fpr !!I V38,iC1OB �, ctmuM of Wed parta ------------- 1 Locus is presently zoned in Psaidence D3 Notice of this hearing was given by mail, Postage g prepaid, to all persons deemed affected and by publishing in Cape Cod Standard Times, a daily newspaper published in To wn of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearin b l6 g y the Board of*Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at 3115 to . P.M. A=11 2%d 1 R!, 0. upon said petition under zoning by-laws. 9 • .Present. at the hearing were the following members; Chairman ROL2R1 ,• Pib To: Town Manager, Town of Barnstable RE: Application for permit to remove sand, gravel, and fill pursuant to Article XIII of the Town Ordinances. This application is made without prejudice tof any rights of the Applicant pursuant to Court Stipulation filed in Barnstable Superior Court. any. t' L _ i Applicant: Gifford Brothers Sand & Gravel, Inc. Christopher Keyes, President Location of Pit: 810 Wakeby Road Marstons Mills, MA Sketch Plan of Pit: Attached Discussion: Pit has been in operation for over fifty (50) years and is a prior non-conforming use. Application is made for purposes of acquiring a permit without an admission of its necessity. Respectfully Submitted, For Gifford-Brothers, Inc. By its Attorney, � A Gr o M. Downs, Esq. L S RDO &DOWNS 78 Route 6A P.O.Box 1637 Sandwich, MA 02563 Barnstable Board of Appeals j Town Office Building Hyannis, Mass.' . \ Re: Petition of L. Tha; cher'�Gi;fora No. 64-18 t Gentlemen: V ti We, the undersigned taxpayers residents of the Santuit.area 'of the Town of Barnstable, respectfully urge your Board of Appeals 'to grant: the-� - petition' of L. Thatcher Gifford, requesting a variance to permit use of ' prennise§ on `Wakeby, Road., Marstons Mills, for the salvage of wellieles• a 'dN, -. storage of used parts under successive licenses granted by t1 � Board D7� Selectmen of,the town; this being on the condition that operation of the said business shall be wholly discontinued at the present location on Main Street, Santuit. r�. Respectfully submitted, r t ��.,.:.... 1 . JI is ;�' �Z..v� '.�. ,� •(�/.� 7SG�v�:�'���L'j Y `'� ,,tC f .. ,��. ' � �_.. 1f�:Z rL,,�,i�. ,.� .' �!ii �` / \� .J �,, �� _ {< �,•,' ,=-ram�. .�h �=,` ,+ � i s.• a ! ✓ ` G J % ' • 8dHH9TADL V 8, o G/VZ /• ��td �� JR s ansa AA,o�i639 4 A9AY TOWN OF BARNSTABLE PETITION FOR VARIANCE UNDER THE ZONING BY-LAW SPECIAL PERMIT To the Board of Appeals, Hyannis, Mass. Date March. 23. ........... 19 ..„.„„ ' 4 .......................... The undersigned petitions the Board of Appeals to vary, in the manner and for the reasons hereinafter set forth, the application of the provisions of the zoning by-law to the following described premises. Applicant: ..........I,.....„. Match=....crlf d......... ..................................................................... Main:..Street... Santuit „ . .............� .........e........„..„...„..„.„„ (Full Name) Winter Address Owner „..................Same ...............(Full Name).....................................................„................................................... (....Winter•Address)„.......„.„..............„.....„„„„ Tenant (if any) : ...... ..........:............:.... .:....................................A ...................... ....„.......................... ................... _. (Full Name)„ /1/f/LL$ (Winter Address)„.........„...........„................._. 1. Location of Premises ...„Wakeby„Road.,•. Newtown north „side} near town link.... . „....... ..........................„ (Name of Street) What section of Town 2. Dimensions of lot 2 �.'. 25 „......................................................00+................... Area ....23............................Acres..................................... „... (Frontage) (Depth) (Square Feet) .3. Zoning district in.which premises are located....„.......RD J 4. How long has owner had title to the above premises? ...........3.5.:.xY'S.e...................„................................. 5. How many buildings are now on the lot? .:.............................................One..„Under...„GS?1uAnA liars..................„..„.„„ ✓"0. Give size of existing buildings ..........L .„'::...'...'.1................10 x14°.....................................................................................................„....... Proposedbuildings ............................„...........................................................................................................................................................................„ 7. State present use of premises Gp&VBl..„p t laardering...road......................................... ., ........................... ...„... ........ ....... S. State proposed use of premises .........„Parts-s3lyage under„license. � p l�; s e s� „ 9. Give extent of proposed construction or alterations: None .................................. .................................................................................. .........................„.............;..........................................................................................................................................................:..........,...,...................................:............„....................... „...................................................................................„..........................................................................................................._................ ...........................................„.......................... 10. Number of living units for which building is to be arranged .................„None . ............................................................................ 11. Have you submitted plans for above to the Building Inspector.? .....................o „......................................„ 12. Has he refused a permit? ..................................................................a..................................... Yes•..,.............,.... . ....... 13. What section of zoning by-law do you ask to be varied? ..„RD„„ and Sec. q 4 „..............:......................... „.................................................................................„...................................................„...........................................................................................................:.................................. „...................................................................................................................................................................................................................................................................„....................... 14. State reasons for variance or special permit: The ,proposed area is about one thousand feet . ................................................................................................................ r .....,..frnm,,„tho,,,xpad•,.,,,Which,,,%s presentlyabutted„bya gravel Fitt the proposed location ........ holl Seta....moxe...tha0.,..#rWe? ty,-five feet„below „the uoland in fronts, and is i screened by trees completely from the road. No storage or work will be visible ..................rom „tee"'roai��"'T.H. T6.&aE1ori"w"a"s""no"„p"r'acti'caT"' Ttit ""wYYi t ver""frsr"r sic entfia3 use „and...non-use ..„present s...a...s ever"e""ear "se. p..„ 0... fi2..„OLJl1R'...................... ...............................„............... ....,.„..„ �� t ... ............................................................................................................................................................. .............................................„...... D .i....„.........................................................................................................................................................................................................„..............,„. „ .. ...........�.......... „.............................. ........................................„.......„.„ Respectfully subm } (Sig ) .....„.......................... ....... Petitionreceived by ...................................................................„..�... � � i (Address) ,1..r...... /... .,� ..tallF'�'.2 ............. .„... Hearing date set for „ : :........,�......... :.�::�.............. 19-�,/..,.... PLEASE SEND ALL CORRESPONDEN E T0: * Filing fee of $15.00 required with this petition. • This form may also be used for Appeals. Joseph H. Beecher, Attorney (Over) 149 Main Street Hyannis, Mass. RA rP{r tr s t r^1.�1 , fib. 1 .�.a Ca.' k�t �"{ 4 �.a.1.t..'.: ...,Ih.✓' •+n^' � �.. a :.'9rkR a (.?�'. �1tirVf,S -t.�k *r,2.1 i hY��'`°� � � '.1'y➢L-� � �u�rt �'''r��ipyi{�� -��.— �. � r :""`,. �,,,,2�ta� ��pa; i• W� '�i�,a 3 �.,.+,r�-*�ca•.� ��,� "� "yr_r �+r.��s�T��`L�� y�rT���✓* ®RM �I t ©� >•._..r-.r- l�—�� � '�`""ai -��-raze�'.w��.a= .:.�.. - '�- i • iiTb "'P.'J +•,6+'.` 1P i.Cl3 :�a7 yk ¢ a ffi ,sr 3 e r ''Ls�` r a siN j �.- n - 4 �3` P9 *'� +ali� l� ,�sc�,. 43), .4 q _j� L,�S �X` %�1 l'!Ih°{i+twR+'rr PIS .°,■ .;w z'h`2N F F. �� ;.. g�'�r Thy 6i ��;.�•� +. y-+a. r+A '+�'... dc'n'—"'.�,yl�•w" 9l .2 »3+n'd' � �5,. �.4s� t,..sr" } �n H76✓ :} • Z BARNSTABLE, o y MASS. pj pp %639. am TOWN OF BARNSTABLE PETITION FOR VARIANCE UNDER THE ZONING BY-LAW SPECIAL PERMIT To the Board of Appeals, I Hyannis, Mass. Date ...........OAKUARX...4..........._ 19 Z.3...1 The undersigned petitions the Board of Appeals to vary, in the manner and for the reasons hereinafter set forth, the application of the provisions of the coning by-law to the following described premises. Applicant: .....WILLIAM GIFFORD .._. WAKUY.....RD.............................__....... (Full Name) (Winter Address) Owner: _._..._.._WILLIAM G_IFFORD.........:............�..............._.........................._.................................. WAKEBY RD. -(Full Name) (Winter Address) Tenant (if any) : ................_.._... .... ........................... ...............__........................ .............:................ Add .................__....... ....................... (Full Name) (Winter ress) .................. WAKEBY RD. ..MARSTON MILL 1. Location of Premises _......_................_.........._......................................................................... .................._....._................. (Name of Street) (What section of Town) 2. Dimensions of lot _..........150 ... ...._.._..._...._._....._........._.................... 2001.._ Area _. ...._ . ...... _...:86ACRES _ (Frontage) (Depth) (Square Feet) 3. Zoning district in ... which premises are located ....:RDw 2 4. How long has owner had title to the above premises? ................._.................................................................................................... 5. How many buildings are now on the lot? _........TWO.................. ......................._....._...:.._..__......._._.._....:_ _�._...... .._..._ __.._ 6. Give size of existing buildings _... -..............._26...X.38......_.................................................................................................... ...... Proposed buildings _ _.. _ .... _24,x 30................................IQ...FT,.....S.iRE...WALLS............................................ __:..:� 7. State present use of premises _. ....................SINGLE....MELLING......................................................................................... �... ._. 8. State proposed use of premises ........................_....SMF..................................................................................................................._................_....... 9. Give extent of proposed construction or alterations: ..........ERECT A 24 ,x 30 GARAGE TO HOUSE -..........IRKKS..A_EQlUj2M T _.__........................_................................. ........................... 10. Number of living units for which building is to be arranged —NORE................................ 11. Have you submitted plans for above to the Building Inspector? ..XES __. 12. Has he refused a permit? __ YES.... ..._.. ......_....................................._._.... ........ ........... . ..._._..__......._..._.... .._.........__..._ 13. What section of zoning by-law do you ask to be varied? .....DGES...MT....CQMP..LY.....TD._.RES.I.D.EXT1AL..... ....................... ....................................-........................................................................................._...... _.$�RUD�IRf�....�...._ ...__... __........_._ ....... . _. .. 14. Stale reasons for variance or special permit: .............................................................._............................_._................................ ,The season for the 10 have an_,o rtunit.y„to„_work .on,a_-dump- truck or -similar_.vehicle. Also the„garage �. will serve as a storage area for .manor items. that would otherwise have to remain outdoors. Respectfully submitted, (Signature) Petition. received by . (Address) Bearing date,set for _.M _ . _ . 19+........... * Filing fee of $25.00 required with this petiticn. * This form aiay also be used for Appeals. (Over) I ' f �I 1 ` �Qy�F TN E?p�o •. ' 3 BARNSTABLE, s q MA88. OOA i639. �a MIR I,. TOWN OF BARNSTABLE PETITION FOR VARIANCE j SPECIAL PERMIT UNDER THE ZONING BY-LAW To the Board of Appeals, Hyannis, Mass. Date ....„February 27, _ _ 19 69 The.undersigned petitions.the Board of Appeals to vary, in the manner and for the reasons hereinafter set forth, the application of the provisions of the zoning by-law to the following described ` premises. Applicant: ............William Gifford and Maynard .Gifford Santuit, Massachusetts �F'ull Name) ................................ .... .winter Address).. ».»....._ j Owner: _..................»William „Gifford,...and..ma' a,xd..»G fo. d.. '5 antai ,.... sa.a.2achld attz................. (Full Name) (Winter Address) Tenant (if any) • Kenneth Borthel Newton Roads Santuit,WMassachusetts „.............................„..»..»......... .... ............._..... .......... ........................................... (Full Name) (Winter Address) 1. Location of Premises Wakeb Road Newton Massachusetts ................. a s........................................................ .............._.................................................................�.....„......»............... ...._ Name of Street) What section of Town 2. Dimensions of lot ._.......... .», ..»U.. ........................ Area ........ -�� ..„ .........'..........„. ...„ (Frontage) (Depth) I6 6� (Square Feet) 3. Zoning district in which premises are located.......................„R...„ ,,,.. ................................. „ .................... . 4. How long has owner had title to the above premises? .......................3....y..earz........... .............................. .............................. 5. How many buildings are now on the lot? ...........»......one........................................................... » »................... 6. (live size of existing buildings _..........„...............1.2..„1_12.............................LL.lf..... `e. ....».......................»........... Proposedbuildings ............................................» ............................................... _.................................„........................................... 7. State present use of premises »....................._..»lets ... . qua,g.0.................................»......»..................:................. ................................. 8. State proposed use of premises Used auto••_parts...................................__ 9. Give extent of proposed construction or alterations: .....:only ,addition of building . ..................................... 10. Number of living units for which building is to be arranged .......„none .....:...:...............................................................:..... 11. Have you submitted plans for above to the Building Inspector? 12. Has he refused a permit? ...................Ye„s.»...................»...........................»................................................................»... 13. What section of zoning by-law do you ask to be varied? ........................................_»....................................... ........................ ........„................................».._..„»»..... 14. State reasons for variance or special permit: ........11itn is a need for the business we seek in the..gene?�g .».a? .��..... . ..»t�S?�b� ......k� blems of Y. Q.1P....clear�..»up....a me....af..„tale .»p�i�.�..»..» „old carsin••areas•„where thernotbe 0 0 aeof„y ur, petitioners »a has a fused hip ,and is not able to work full time and this will enable him to Arun a „business.„within»his limited„ h sical » » ......._ P. Y capacity. „The „area will be __„completely„„in„v„ sble from the road and y�i �, n4 ,,,, g,...Gklge41 too„ a�py great extent »......................»».».............................. from its present use. Respectfully submitte % (Signature .. .. . ........... ».. ...... ...........».. »... » Petition received by ...............»......................... »..._.». ».»....».»». (Addr s » ..... » ...... .. Hearing date set for »...................».....»».._..„..».....»..........19-..._...» Filing fee of $20.00 required with this petition. This form may also be used for Appeals. (Over) � 0 4/'� ��°� Q�oF the ro�•>✓ nnos • LoRF�z� ���r , ° 9 �o Apr a• TOWN OF BARNSTABLE VARIANCE PETITION FOR SPECIAL PERMIT UNDER THE ZONING BYLAW To-the Board of Appeals, Hyannis, Mass. Date »»» March 23 The undersigned petitions the Board of Appeals to vary, in the manner and for the reasons hereinafter set forth,.the application of the provisions of the zoning by-law to the following described premises. Applicant: .„».„..L...-Tkla�ck7��..�x�,��5�'S�...„ �Main Streets Santuit (Full.Name) _ (winter Address) Owner: _»»»Same„»».»»..„»»»».».»..».„ (Full Name) (Winter Address) Tenant (if any) (Full Name)' M/►,jLL$ (Winter Address) 1. Location of Premises Wakebx„Roa&,„Newtown- north• side.„near town linil. „ (Name of Street) „ „ (What section of Town) 2. Dimensions of lot 2 00+„ Area _23 Acres (Frontage) (Depth) (Square Feet) 3. Zoning district in which premises are J 4. How long has-owner had title to the above premises 4 5. How many buildings are now on the lot? .».„»»„.«.». . ..••.....»„.» ►Ei.1»IS�i� „ 5�11t #�xl.G. QII►• »»»» .»..». •- r , ✓` 6. (live size of existing buildings »..»„1.„c`.„! Proposed buildings . 7. State present use of premises . ..» acre}� ,_houdex3 ng--Y'na�d•.„»• » •„„••»»»•••«„••».»••»•»•„•„»- •••„• 8. State proposed use of premises .»». Pets-salvageunder licenses 9. Give extent of proposed construction or alterations: 7 None 10. Number of living units for which building is to be arranged 11. Have you.submitted plans for above to the Building Inspector1 ._...» No Ye i 12. Has he refused a permit? ? �Ye9�•» 13. What section of zoning by-law do you ask to be varied Y »»R..I IA...Sec ».....„:„..._...»..»...».......»»......„...».._.»»»_._.„_ .......»....«..........».............. „..»...».»..»...................»....».»�....».».�......„..»».�....��».».„ III iY The ro osed area is about one thousand feet 14. State reasons for variance or special permit. _....._...„»I?.......P»».„.».....„ ».„......„ „...„ » »... » ...».»».»„...,.„.«»......»..».„„_...» „g � erltl�r,abutte4, bx„ a ,gravel pit theprgosed location v feet below the u land. in front and is screened by trees completely from the road. No storage or work will be vIR le Trom ifi..µ"r"oad7•TEF-1ocatlo„n--fiias no pr'ac-tical„"v-S111�"„wn-a[tever-for-restdontiai use, 1 „ and non-use presents a severe IiarsFiip„«tope"owner,M ���n J I Respectfully subm' 1 �l� /) (Sig ) .„..........».„. .» >! Petition received by / tl (Address) .-�-- . Hearing date set for ..�AA5,: ........a�.3..„...„ .» 19- ✓.... PLEASE SEND ALL CORRESPONDEN.,E TO ° . * Filing fee of $15.00 required with this petition. * This form may also be used for Appeals. Joseph H. Beecher, Attorney (Over) 149 Main Street Hyannis, Mass. ,- JAA1ES A. BURBANK MARSTONS MILLS CAPE COD, MASSACHUSETTS C,Li RdW � ;L7 a u� y'y i • CHRONOLOGICAL LIST OF PARTIAL ABSTRACT OF OBSERVATIONS MADE BY JAMES P. MCDONOUGH, II REGARDING THE SO CALLED GRAVEL PIT AT ASSESSOR' S MAP 13 , PARCEL 52 1 . 3/25/98 - A treaded front end loader engaged in various loading and unloading activity. 2 . 3/25/98 - A truck bearing the name Keyes trucked at least three loads of what appeared to be loam off the property. 3 . 3/26/98 - 10 : 30 a.m. there were two trucks loading material within the gravel pit, a white pick up truck and a dark green pick up. 4 . 3/26/98 - At about 11 :30 a.m. a front end loader was in noisy operation belching thick black, smelly smoke . 5 . 3/27/98 - At about 11 : 00 a.m. a new, wheeled front end loader (one I had not observed previously) was working banking up material into huge mounds within the gravel pit . 6 . 3/27/98 - At about 3 : 00 p.m. a front end loader (wheeled) and a backhoe front end loader combination were dumping soil onto a mechanical screener. 7 . 3/28/98 - At about 7 : 10 a.m. multiple machines were observed working at the screener. 8 . 3/28/98 - At about 8 :45 a.m. a white dump truck bearing the name Carl Lampi was observed being filled with soil . 9 . At about 3 :30 on the same date I observed the same two machines which had been working all day, still producing noisy, noxious fumes. 10 . 3/30/98 - At 7 : 00 a.m. multiple machines were working screening loam. 11 . 3/31/98 - At 7 : 00 a.m. multiple machines were working screening loam. 12 . 4/1/98 - At 7 :00 a.m. multiple machines were working screening loam. 13 . 4/2/98 - I observed various machines on and off all day. 14 . 4/7/98 - In the afternoon there was much activity involving screening sand, loam or gravel . 15 . 4/10/98 - Was a very active day with many dump trucks loading and hauling material away from the gravel pit . 16 . 4/13/98 - At about 7 :30 a.m. an ARK trailer dump bearing the name "Top Kat Enterprises" was loaded up on site and removed material from the site . 17 . 4/13/98 - At about 10 : 15 a.m. on this date I observed a truck bearing the name "Rice Truck" dumping fill . 18 . On the same date at about 10 :45 a.m. I observed the Rice truck once again. I back tracked this truck when it left the premises and followed it to a site at 111 Boardley Road where it was refilled with material and returned to the gravel pit to unload. A new house foundation was observed at the Boardley Road location. 19 . 4/15/98 - A large truck bearing the name "Act" and several other vehicles were loading at around 10 : 30 a.m. 20 . 4/15/98 - At about 1 : 30 p.m. on this date a huge tree pile was observed smoldering and burning. The Centerville-Osterville- Marstons Mills Fire Department arrived in force to extinguish the blaze. (extinguishment activities were not wholly successful and the fire resurfaced at a later date and had to be fought again) . I am of the belief no burn permit was obtained for this fire in advance of the event . 21 . 4/16/98 - At about 8 : 55 a.m. the ARK truck bearing the name "Act" was observed being loaded once again. 22 . 4/18/98 - Various machines working all morning. 23 . 4/21/98 - Various machines during the morning and afternoon. 24 . 4/22/98 - A loading and soil screening operation was interrupted by rain. 25 . 4/23/98 - At about 7 :30 a.m. machines were visibly working in the pit . At about 11 :30 a.m. a truck bearing the logo "C. Keyes" was observed loading soil . At about 1 :35 p.m. a truck bearing the logo "C. Keyes" was observed dumping soil and reloading before departing the pit . 26 . 4/25/98 - There was noxious and noisesome activity in the pit all day until 7 :20 p.m. 27 . 4/27/98 - There was activity in the pit all day. 28 . 4/28/98 - Two machines were seen and heard in operation at 7 :00 a.m. generating clouds of dust which blew into my backyard and over and into my home. 29 . 4/29/98 - Trucks were observed dumping at 11 :00 a.m. and a front end loader was working at rearranging material in the gravel pit all afternoon. 30 . 5/1/98 - General activity with front end loaders around the pit . 31 . 5/4/98 - A neighbor reports to me that a truck bearing the logo "Fred Earl" was observed dumping. Two front end loaders were screening soil all day. 32 . 5/7/98 - Large open trailers were loaded and front end loaders were screening soil in the afternoon. 33 . 5/8/98 - As early as 8 : 30 a.m. multiple machines were working in the pit . 34 . 5/12/98 - Front end loader was screening soil all afternoon. 35 . 5/13/98 - Machines were working screening loam at 7 :30 a.m. and throughout the day. 36 . 5/14/98 - As early as 7 : 15 a.m. the machines were screening loan again and continued until well after 5 :00 p.m. 37 . 5/15/98 - As early as 7 : 10 a.m. the machines were working screening loan. At 1 :30 p.m. I photographed two front end loaders working in the pit . 38 . 5/18/98 - Observed a truck bearing the name "Carl Lampi" being loaded with soil and driven away from Parcel 52 . 39 . On 5/19/98, 5/20/98 and 5/21/98 I observed various machines working and screening soil on Parcel 52 throughout each of the days. 40 . 5/23/98 - At 7 : 15 a.m. I observed a pick up truck driving along my rear lot line (the common boundary between my lot and Parcel 52) . Throughout the day I observed a front end loader appearing to be pushing dirt and soil around the site of the underground fire which had started April 15, 1998 and appeared to have continuously burned thereafter. Dust, odor, fumes and smoke from this combination of activities permeated the residential area. At 6 :15 p.m. the front end loader was still working at various locations in Parcel 52 . 41 . 5/30/98 - Between the hours of 4 : 00 and 5 :00 p.m. I observed a truck or trucks bearing the name Barnstable County Supply make several trips in and out of the pit located on Parcel 52 . 42 . 6/2/98 - At 7 :30 a.m. I observed two front end loaders operating along my rear lot line. r 43 . 6/2/98 - I observed a truck bearing the logo "C. Keyes" being loaded and driven off the site (the truck bore the Massachusetts Registration F69-114) . On the same date I followed this vehicle after it had been loaded on Parcel 52 directly to Red Brook Harbor Road in Bourne where the truck was dumped at a residential site. I have reviewed the foregoing chronology and to the best of my knowledge, information and belief it is a true and accurate recitation of an abstract made from logs 4 s�.intained by myself, under pain and penalty of perjury, this day June 11998 . T--- - James P. McDonough sysl\mcdonoug\1ist.2 I �J Health Complaints 08-May-97 Time: 11:05:00 AM Date: 5/7/97 Complaint Number: 782 Referred To: THOMAS MCKEAN Taken By: THOMAS MCKEAN Complaint Type: Noise/Dust/Stumps Article X Detail: Business Name: Number: 810 Street: Wakeby Road Village: MARSTONS MILLS Assessors Map-Parcel: Complainant's Name: Mrs. Pat Gifford Address: 810 Wakeby Road Telephone Number: Complaint Description-: She stated Mr. Keyes brought-in a port-a- poddie at the sand pit/junk yard. They also brought-in loam/stumps/brush at the sand pit. Actions Taken/Results: TM went to the site at 4:00 p.m. on 5/8/97. TM observed a man operating a large front-end loader. I introduced myself then asked him what he is doing. He stated his name was Billy Gifford. He stated he was moving the loam into the foad to"dry it out". Later a"tub grinder"will be brought-in to grind up the branches, logs, and stumps, Mr. Gifford explained. TM observed several piles of logs and stumps on the property. A few moments later, a man in a light blue pick-up truck arrived from the junk yard section of the property. Billy Gifford handed the man my business card. The man then asked if he could help me. I informed him who I was and explained I received a complaint regarding stumps and brush. He stated his name was Chris Keyes. He explained to me that the trees are cut down from off-site"jobs", then brought-in to this property. He then showed me a pile of dark loam, the final product. He explained to me that he will hire accompany with machinery at$250 per hour to 1 f Health Complaints 08-May-97 grind-up the wood material to produce loam. I then asked Mr. Keyes whether a"tub-grinder" will be used. Mr. Keyes answered"no." He then changed the subject and pointed to a "screener" machine. He stated that machine will not be used either. He explained that he will be paying alot of money for this company to come-in, he needs to gather more trees first. He later showed me the port-a-poddie which was brought to the site this past week. I asked him why it was brought-in. He explained that he didn't want the workers to expose themselves and "go" onto the ground. I then asked him about the many tires on the property, "what will you do with the tires" I asked . He answered, "ask Mrs. Gifford she owns this property also." On 5/8/97, TM met briefly with Ralph Crossen, Ruth Weil, and Robert Smith. It was determined that this type of "wood grinding" operation is a new use, and that property is not zoned for this type of use. TM stated he is concerned about noise and dust. Ralph Crossen stated Mr. Keyes will need site plan review approval first. Robert Smith informed Ralph that he has the authority to issue a cease and desist order to Mr. Keyes. Ralp Crossen stated he will issue such an order on the morning of 5/9/97. Investigation Date: 5/8/97 Investigation Time: 4:00:00 PM 2 ] [RO13 052 . ] TAX ACCOUNTING [ ] 18712- [ 36681 RECEIPT NO . PAYMENT TAX YEAR/B .G . AMOUNT DATE TYPE PID 0 [ ] ] 1ST DUE -9701] 1 ,330 .611 -0509971 [1] ] [ ] ] FULL DUE �97011 2 ,592 .951 -0509971 [F] ] ------CERTIFIED OWNER------ TAX DUE 2 ,524 .68 ] OUTSTANDING 2 ,524 .68 HAYWARD , HARRIET P TR ] TAX CODE 300 ] CITY 031 DISTRICTS CO ------JANUARY 1 OWNER------ ACTION ] MORTGAGE CODE -00001 HAYWARD , HARRIET P TR ] ----CERTIFIED VALUES---- -------CURRENTOWNER------- TAX EXEMPT .00 ] HAYWARD , HARRIET P TR ] TAXABLE .00 ] GIFFORD , WILLIAM ] RESIDENT 'L 181 ,500 .00 ] 800 WAKEBY RD ] TAXABLE 181 ,500 .00 ] MARSTONS MILLS MA 026481 OPEN SPACE .00 ] 00001 TAXABLE .00 ] -----LEGAL DESCRIPTION----- COMMERCIAL .00 ] #LAND 1 181 ,5001 TAXABLE .00 ] #PL 810 WAKEBY RD ] INDUSTRIAL .00 ] #RR 1773 0115 ] TAXABLE .00 ] ] ] ] ] LATEST ACTION 1996 XMT [?] L w •K AFFIDAVIT I James P. McDonough, an individual residing at 111 Mockingbird Lane, Marstons Mills, (Barnstable County) , Massachusetts (02648) on oath depose and state as follows : 1 . I reside with my wife and two minor children at ill Mockingbird Lane, Marstons Mills, Town and County of Barnstable 02648 (herein my "Residence" ) . 2 . I have resided at my Residence since on or about 1980 . 3 . Prior to occupying my Residence in 1980 I made a personal and extensive on site review of the neighborhood and surrounding area. In addition, I conducted a limited amount of research utilizing records at the Town Hall, Town of Barnstable to ascertain current and prospective uses of property in the neighborhood. 4 . My Residence is located on Parcel 21 as shown on Town of Barnstable Assessor' s Map Sheet 13 . I am contiguously abutted to the southwest by an approximately 16 . 66 acre (according to said Assessor' s sheet) parcel of land identified as Parcel No. 52 on Map Sheet 13 (herein "Parcel 5211 ) . 5 . When I first occupied my Residence in 1980 the area comprising Parcel 52 was heavily treed, undisturbed forest . The land sloped up from Wakeby Road to the north and northeast, ending on a large hill next to my residence. There was no commercial activity evident by sight or sound prior to 1996 . What activity did occur was restricted to the area immediately adjacent to Wakeby Road. Attached hereto as Exhibit 1 is a photograph taken by me during 1987 which is a true and accurate representation of the forestation of the area lying southwesterly of my Residence between the period 1980 to 1996 which has since been the subject of the following described activities . 6 . In 1996 there began to occur more and more frequent signs of more and more intensive activity on Parcel 52, including surface land clearing, vegetation and tree removal and destruction, stripping, excavation, processing and removal of soil, and delivery of various types of soils to the property for screening and storing. In addition there were deliveries of truck loads of rock, stumps and mangled vegetation. By early 1997, the persons operating the strip mining business in Parcel 52 had erected a barbed wire fence along the boundary and had clear cut and stripped right up to my boundary line, as appears from the photograph attached hereto as Exhibit 2 . 7 . By 1997 sand and gravel immediately to the rear of my Residence and visible to me at all times had been excavated from Parcel 52 to a depth I estimate to be approximately 50 feet, as appears from Exhibits 3 and 4 attached hereto, which are photographs taken directly to the southwest of my Residence. 8 . The excavation of the pit was to such a depth that I observed considerable quantities of water pooling in the bottom which appeared to me to ground water seeping up rather than a collection of precipitation. Not long after I observed what appeared to be ground water seeping onto the surface, persons operating in and around the pit caused the pooled area to be filled over with sand and gravel . 9 . During the past 2 years I have seen numerous vehicles, ranging in size from pick up trucks to 18 wheeled "ARK" trailers transporting material into, from and around within the gravel pit. Such activities occur right up to the boundary line with my lot as evidenced by the photograph attached as Exhibit 5 which is a photograph taken in March of 1997 . An example of the huge dump trucks unloading on the site is attached as Exhibit 6, taken in March of 1997 . 10 . I have also observed persistent, extensive activities within Parcel 52 leading to utter devegetation and the storage of large piles of brush and wood, as well as fires apparently initiated to destroy the same. 11 . In addition, during this period of time, and more specifically in the spring of 1998, I have observed various types of material being brought onto the property comprising the gravel pit, heaped and bulldozed into huge piles and then reprocessed and transhipped from the pit . Photographs taken in April of 1998 and attached as Exhibits 7 and 8 are illustrative of large dump trailers unloading on the site; the photograph attached as Exhibit 9 illustrates the loading operation a couple of days thereafter; and the photograph attached as Exhibit 10 demonstrates two front- end loaders actively engaged in transferring material from a stockpile to a mobile screener. 12 . In addition, on or about April 13, 1998, I observed a truck bearing the name "Rice" dumping material at the pit . I personally followed this truck when it left Parcel 52 and followed it to a site at 111 Boardley Road where it was refilled with material and returned to Parcel 52 and once again unloaded. 13 . On or about April 1997, upon information and belief, large "ARK" trucks dumped dozens of loads of soil and similar material on Parcel 52 . One of these ARK trucks was followed back to a land clearing operation that was underway on North Street in Hyannis . The truck was observed to be reloaded at the North Street land clearing operation and to immediately return to Parcel 52 where it was dumped. In the course of this day dozens of loads of such material were dumped on Parcel 52 . Subsequent observations revealed that the loads which had been observed being dumped on Parcel 52 were maneuvered by front end loader or bulldozer onto a huge mound from which other mechanical devices extracted loads for 1 processing through a mechanical screening device. The screened materials were subsequently observed being loaded into other trucks and shipped out of the pit at Parcel 52 . 14 . The activities I have described herein have persisted on Parcel 52 practically without interruption since 1996, (with a two month hiatus between Zoning Board of Appeals Hearings in 1997/98) and the intensity of activity involving soil storage, processing and transporting in and out of the pit which has been created on Parcel 52 in the interim has even intensified since the Barnstable Zoning Board of Appeals entered its Decision, with the Town Clerk on January 27, 1998 upholding the Order of the Building Commissioner of the Town of Barnstable which ordered that all "use of the property for a gravel pit, processing of fill, the screening of fill, depositing of fill, brush and clippings or any other similar use is in violation. . . " of the Zoning Ordinance and must cease . 15 . Attached hereto and incorporated herein by reference as if full set forth are excerpts of a "log" of m observation Y P g Y s pertaining to Parcel 52 on Barnstable Assessor' s Map Sheet 13 which I compiled during the spring of 1998 following the action of the Zoning Board of Appeals in Case No. 1997-133 which upheld the cease and desist order of the Building Inspector of the Town of Barnstable which ordered the property owners to cease and desist from utilizing the property for a gravel pit, processing of fill, screening of fill, depositing of fill, brush and clippings or any other similar uses in violation of Barnstable Zoning Section 3-1 .4 . 16 . I have personally observed trucks bearing the names Carl Lampi, Top Kat Enterprises, "Rice" , "ACT" and 11C. Keyes" entering onto the gravel pit property with loads of materials and being loaded with material to transport away from the gravel pit property. 17 . Upon information and belief on the basis of my observations and reasonable surmise operations at Parcel 52 in the nature of gravel excavation, transportation, transfer, processing and the clearing, land stripping and processing of trees are being conducted by or at the request or direction of Christopher Keyes as the principal of Gifford Brothers Sand and Gravel. 18 . Activities in the pit on Parcel 52, including stock piling of wood and brush have caused several fires to be observable within the perimeter of the parcel. Fire emergency vehicles have responded from the Centerville-Osterville-Marstons Mills Fire District between April 15, 1998 and May 23, 1998 . Upon information and belief, following an initial fire in a stock pile of brush and felled wood the fire site was bulldozed over and has resulted in subsequent "underground fires" . On occasion the wood smoke has settled over the adjacent residential area, including my residence, as though it were a blanket of fog. r �t 19 . On sundry dates in May 1998 and to the date hereof heavy equipment, including front end loaders and bulldozers, portable screening machine and heavy duty dump and ARK trucks have been working on Parcel 52 . Without limiting the generality of the foregoing I specifically observed a "Carl Lampi" truck being filled on the site on May 18, 1998 and as recently as June 5, 1998 a truck bearing the name "C. Keyes" was observed being loaded on Parcel 52 . On June 2 , 1998 I observed a truck bearing the logo "C. Keyes" being loaded and driven off the site (the truck bore the Massachusetts Registration F69-114) . On the same date I followed this vehicle after it had been loaded on Parcel 52 directly to Red Brook Harbor Road in Bourne where the truck was dumped at a residential site. The foregoing is a true statement of facts known to me upon personal observation except to the extent stated to be upon information and belief and as to those latter statements I believe them to be true, under pain and penalty of perjur�tday WITNESS my hand and seal, as aforesaid this of June 1998 . Ja P. McDono sysl\mcdonoug\affid '�• f• �S��A` { - ^ �"41a•tg' , � i���, w }' 1. �.• ��• tit. � .. •r, � ., •.- �� :.iA, ,,,,; r�. -��� '.,, ,�, , �' � '�•a"''f:�� __ � -..•fir.• •, ` � 3��f r ,t iF '44.j 3� t Y `04 IS Av h t� '.' �,��, y`�:yl..• a��Mt 3 .� p 'tV�� l �r Fa yW4'y�t'�}V► 4:1 qo ' L t� �r ', !�.•� .�!.,ri. �.;;..;a••.�{ f k h ,.ri`� M P4�R ` • 9rg�'t^� �"�rrti...♦''as ♦'Fr� l � . �.•,i6Mk a��� is '.� r'S zQv s* ; � ' .� ��:y �"'h:. rr.. w XPI ja w 't � ti _ Exhibit 5 ntl lei . �'jn,'•' _ •MY'rS j.t�► Tyr- ',[;.•��• �ti�; '��/.�i�1 kri!�� � '�:t� .,k�. ' ," 'i�e;4.. �. �.•s�$sus-* f � 11 `,� �; 3 x�`A� .i ✓ "`V i ,•�' / fit. .: �♦ ram'.. • *♦ � � ,� �.:.- '• _ � y '' S r1i `l +�•.`��/I�. y�•�-'1- .tom � 3� . .�� �, II t ~iy •"�, -� ^•L.�'�r� � � 1 �1f { s .S �� 1� a._ � --..Y•f\ 4 � f I. �+h i 1• Y rf y"c-a- n. � �,►•..� rw'S. .. ��;''p�f _"'r'�• 4i h,�,n I� ` ,.1 ,�. +� [disc; b � 7► .^•` gip'_ �/..+!•��r ,�g�• �d �x�•• �, �. � - • . Fi i^0.�lFb f q � 4. + •r `y WAWA d _v lit` 4 '0.S i .+ r Yr1 � �, •�: f�'rt�� r Lj..t: a SrL [@ i.l. �4 ..1. ;-.�� 1'� ..Y.. it �.. _. "�� sit- l Casali Mary Lynne From: Jacobs Mary To: Gillis Jack Cc: Casali Mary Lynne; Weil Ruth Subject: RE: Sand Pit Form & Procedure Date: Tuesday, June 10, 1997 4:30PM Great, thanks. Jack, would you work with Mary Lynne to arrange for the public hearing, get it advertised (it can come out of the TM's budget), and send the info to our sand/gravel pits in town. Don't set it up the week of the 4th of July. Maybe the week of July 7? Give ourselves 2 weeks for the advertisement. Run the ad by Ruth to make sure it meets our requirements. Mary Lynne, would you set up a meeting for when I return between Jack, Jim Tinsley, Ruth Weil, and Bob Smith so we can brief him on what is going on and why. We need to meet with him before the public hearing, but I will cover the public hearing if he wants. Thanks From: LeBlanc Loretta To: Jacobs Mary Cc: Gillis Jack Subject: Sand Pit Form & Procedure Date: Tuesday, June 10, 1997 4:21 PM Attached:please find the revised sand pit form & procedure- it's ready to go! <<File Attachment: SNDPTFRM.DOC»«File Attachment: PHPSANDP.DOC>> Page 1 Gillis Jack From: Etsten Jackie To: Crossen Ralph; Gillis Jack; Jacobs Mary; Mullen Tom; Schemig Bob; Smith Robert Subject: FW: Draft of Procedures for Gravel Permits Date: Wednesday, February 12, 1997 1:03PM <<File Attachment: SG PERMIT.DOC»Attached are suggested changes to application, essentially splitting submission requirements into a plan of existing or proposed operating conditions of the land, and a closure plan. From: Schemig Bob To: Etsten Jackie Subject: FW: Draft of Procedures for Gravel Permits Date: Wednesday, February 12, 1997 10:06AM FYI for Friday's meeting. From: Geiler Tom To: Rutherford Warren Cc: Crossen Ralph; Gillis Jack; Jacobs Mary; Mullen Tom; Schernig Bob; Smith Robert Subject: RE: Draft of Procedures for Gravel Permits Date: Friday, January 10, 1997 10:41AM HSES Comments: Section 3 add par C) A non refundable application fee shall be submitted with all new applications. (Application fee , currently$50.00, is established by Ordinance-Chap III Art 13 sec 1) Section 5 par a) Period for decision by Manager is too short. I suggest we consider a period of 90 day's. The Manager in most instances would be prepared to issue a decision in less than 90 day's however he should have sufficient time to make a decision that is in the best interest of the Town. Section 6 This section provides for annual renewal. The section should state the conditions under which the permittee is entitled to a renewal. ie: Non compliance with conditions, Tax non payment , or evidence that the operation is determent to the interests of the Town. Other issues: Ownership: Frequently the applicant is a corporation or realty trust. The ownership or stockholders of which can be sold or transferred. Is it in the best interest of the Town to require a declaration of beneficial interest and list of stockholders as well as require Town approval of a change in officers or stockholders? Should the renewal process include updated topo maps to allow for comparison of what they said they were going to do with what they have actually done? Should standards be established for fences and screening to provide,for maximum protection for neighbors and passerby's byes? Should the DPW play a role in establishing truck routes to and from the operation to minimize impact on neighbors, bridges and roads? From: Rutherford Warren To: Burgmann Bob; Crossen Ralph; Etsten Jackie; Gatewood Rob; Geiler Tom; Gillis Jack; McKean Thomas; Mullen Tom; Schernig Bob; Smith Robert; Weil Ruth Cc: Fraser Waldo; Jacobs Mary; McCarthy Marge; Tinsley James Subject: Draft of Procedures for Gravel Permits Date: Monday, January 06, 1997 4:30PM <<File Attachment: SG PERMIT.DOC>>Late but not never. Pis review and make comments, send back to me by end of this week. Page 1 i Geiler Tom From: Geiler Tom To: Rutherford Warren Cc: Jacobs Mary; Crossen Ralph; Gillis Jack Subject: RE: Draft of Procedures for Gravel Permits Date: Thursday, January 09, 1997 10:28AM HSES Comments: Section 3 add par C) A non refundable application fee shall be submitted with all new applications. (Application fee , currently $50.00, is established by Ordinance- Chap III Art 13 sec 1) Section 5 par a) Period for decision by Manager is too short. I suggest we consider a period of 90 day's. The Manager in most instances would be prepared to issue a decision in less than 90 day's however he should have sufficient time to make a decision that is in the best interest of the Town. Section 6 This section provides for annual renewal. The section should state the conditions under which the permitee is entitled to a renewal. ie: Non compliance with conditions, Tax non payment , or evidence that the operation is detrementel to the interests of the Town. Other issues: Ownership: Frequently the applicant is a corporation or realty trust. The ownership or stockholders of which can be sold or transferred. Is it in the best interest of the Town to require a declaration of beneficial interest and list of stockholders as well as require Town approval of a change in officers or stockholders? Should the renewal process include updated topo maps to allow for comparison of what they said they were going to do with what they have actually done? Should standards be established for fences and screening to provide for maximum protection for neighbors and passer byes? Should the DPW play a role in establishing truck routes to and from the operation to minimize impact on neighbors, bridges and roads? From: Rutherford Warren To: Burgmann Bob; Crossen Ralph; Etsten Jackie; Gatewood Rob; Geiler Tom; Gillis Jack; McKean Thomas; Mullen Tom; Schernig Bob; Smith Robert; Weil Ruth Cc: Fraser Waldo; Jacobs Mary; McCarthy Marge; Tinsley James Subject: Draft of Procedures for Gravel Permits Date: Monday, January 06, 1997 4:30PM <<File Attachment: SG PERMIT.DOC>>Late but not never. Pls review and make comments, send back to me by end of this week. Page 1 Gillis Jack From: Mullen Tom To: Gillis Jack Cc: Crossen Ralph; Pukulis Moe Subject: Giford Property , Wakeby Road , Marstons Mills Date: Thursday, February 22, 1996 5:22PM The department has a contract with Rt. 44 Sand and Gravel to deliver sand material to the Landfill for daily cover.The company listed three possible pit locations that they intended to haul from. One was the Gifford property and to others located out of Barnstable. Our contract with Rt 44 provides for our approval of the source location. The intent of that approval is to insure the quality of material specified in the contract. When we were reviewing the bids recieved for the sand material ,we noted the Gifford property location as we wern't aware that the location was a licensed gravel pit. My conversation with Ralph Crossen on the subject led me to beleive that there was no license for the Gifford pit. Moe Pukulis questione Rt. 44 on the issue and was told that the Gifford pit was licensed. To which Moe responded that Rt. 44 was not to use the pit unless it was licensed and that if their low bid was based on hauling from the Gifford pit that they might want to reconcider their bid. Later Rt 44 assured us that it was a licensed pit and asked to have the materil approved as to quality. That was done. The Department has no intrest in the pit as our contract with Rt 44 provides for three locations as sources for the sand material. Page 1 LEGAL DEPARTMENT, TOWN OF BARNSTABLE Date: May 13, 1998 TO: RALPH CROSSEN, Building Commissioner TO: JACK GILLIS, Consumer Affairs FROM: ROBERT D. SMITH, Town Attorney RUTH J. WEIL, Asst. Town Attorney RE: Summary of Meeting 5/13/98 Regarding the Gifford Gravel Pit Our File Ref: #98-0036 --------------------------------------------------------------------------------------------------------- We are writing to confirm our understanding as to "the next step" regarding the above. You both agreed to prepare a detailed narrative as to the factual basis for the assertion that Christopher Keyes is conducting operations on the locus which violate zoning. We cannot simply "rest" on the Zoning Board of Appeals decision in this regard; we will have to support any request for injunctive relief with an affidavit based on personal knowledge which demonstrates that his operation is not a protected non-conformity but is in violation of zoning. The narrative should also include what activities you have observed recently on the premises that you believe are violative of zoning. We need to support the assertions with any available documentary evidence, such as aerial photographs and the like. We welcome an opportunity to discuss this further at your convenience. RDS/RJW:cg [98-00361confineml 1 Town of Barnstable Department of Health, Safety, and Environmental Services Consumer Affairs Division 230 South Street, P.O. Box 2430 oF1He r°h' Hyannis, MA 02601 Tel: 508-790-6250 ti Fax: 508-778-2412 # i MA . t639. `0� DOTED 39. A Jack Gillis Supervisor TO: Thomas F. Geiler,Director,Health, Safety, and Environmental Services FROM: Jack Gillis,Licensing Agent,Ralph Crossen,Building Division Inspector, Tom McKean, Health Division Inspector SUBJECT: Sand Pit at 800 Wakeby Road, Marstons Mills Owner: Chris Keyes DATE: April 2, 1998 On March 31, 1998 at approximately 12:30 PM, an inspection was conducted by Jack Gillis, Licensing Agent, Consumer Affairs Division, Ralph Crossen, Building Division Inspector, and Tom McKean, Health Division Inspector. This office received a complaint by telephone from Pat Gifford of 800 Wakeby Road, Marstons Mills, MA 02648, stating that Chris Keyes, who operates the sand pit to the rear of her house, was bringing in junk cars and crushing them, and then removing the cars. Upon arrival, we spoke with Mr. Chris Keyes. He was to the rear of the sand pit hauling dirt from one location to another within the pit for processing. We identified ourselves to him and told him of our reason for being there. Mr. Keyes did say, when he was asked, that he was junking cars. He also said that he would continue to use the pit until the court case got resolved, which includes the processing of loam for sale. We also observed a front loader unearthing loam mixed with debris that had been buried. Mr.Keyes was trucking the loam to a central location where another individual was processing it through a large screener. We observed three (3) people working this operation. One individual was working the front end loader, loading the truck. Another individual was driving the truck. And the third individual was working the back hoe at the screener. Also observed were a number of junk cars,trucks, and a large number of tires. The tires were located in one area of the pit(approximately 1,000 plus tires). When asked, Mr. Keyes said he intended to continue to take in junk cars to preserve his perceived grandfathered rights. Mr. Keyes was open and did allow the filming(video taped that day by Ralph Crossen)of the civil disobedience as he want to have the court settle the case once and for all. The Town of Barnstable Office of Town Manager 163.t• 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley,CPA,Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager January 15, 1998 Gregory M. Downs, Esq. Losordo & Downs 78 Route 6A P.O. Box 1637 Sandwich, MA 02563 Re: Gifford Brothers, Inc. and Christopher Keys Assessor's Map 13, Parcel 52 Dear Mr. Downs: As you are aware, in August, 1997, I notified all property-owners within the Town of Barnstable who were engaged in the removal of sand, gravel and soil of the procedure to obtain a permit under Chapter III, Section XIII of the General Ordinances. At your request, a second packet of the applicable materials was sent. To date, neither you nor your client have responded to the offer I made to work with staff to discuss the procedures involved. I am advised that last evening the Zoning Board of Appeals upheld the cease and desist order of the Building Commissioner and found that that your client, Gifford Sand and Gravel, Inc., has no right to operate a sand and gravel pit on the aforementioned location. Based upon that decision and your client's previous unresponsiveness, it would appear unnecessary at the present time for the Town Manager to proceed with any further action with regard to a sand and gravel permit as specified under Chapter III, Section XIII of the General Ordinances. However, if your client is interested in pursuing the process to request said permit, I encourage you, as I have done in the past, to contact Mary Jacobs, Assistant Town Manager, at 790-6205. Sincerely, James D. Tinsley, CPA Town Manager t 0 t f yyq ea r '"e' .o TOWN OF BARNSTABLE PARN6fAR6E. I OFFICE OF TOWN ATTORNEY MASS peg 367 MAIN STREET p�ECNIA'tA HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D. SMITH, Town Attorney TEL. (508)790.6280 RUTH J. WEIL, Assistant Town Attorney NIGHT LINE-AFTER 4:30 P.M. CLAIRE R. GRIFFEN, Legal Assistant (508)790.6283 EILEEN S. MOLLICA, Legal Clerk FAX#(508)775-3344 October 21, 1997 Gregory M. Downs, Esq. Losordo & Downs 78 Route 6A P.O. Box 1637 Sandwich, MA 02563 RE: Gifford Brothers, Inc. and Christopher Keyes Assessor's Map 13, Parcel 52 Dear Mr. Downs: -am somewhat baffled by your letter to me dated October 16, 1997. Again, you seem to be improperly confusing Chapter III, Article XII of the General Ordinances of the Town of Barnstable which requires all sand and gravel pits operating within the Town of Barnstable to obtain a sand and gravel permit, and the separate request for zoning enforcement received by the Building Commissioner on September 15, 1997, from several residential abutters to your client's sand and gravel operation. With regard to the sand and gravel permit required under Chapter III, Article XII of the General Ordinances of the Town of Barnstable, I understand that on or about August 18, 1997, your client was sent a package of materials and asked to contact the Assistant Town Manager to set up a meeting to discuss the procedure to process the sand and gravel permit application. To date, your client has failed to initiate this process. For your reference, I am enclosing a duplicate package of the previously sent materials. From your letter, I glean that, upon your receipt of the enclosed, you will take the necessary steps to assure that your client promptly begins the process by contacting Assistant Town Manager, Mary Jacobs. (95-0288/downs-2) Gregory M. Downs, Esq. Re: Gifford Brothers, Inc. and Christopher Keyes Assessor's Map 13, Parcel 52 October 21, 1997 Page -2- Both you and your client were previously notified about the separate request for zoning enforcement that the Building Commissioner has pending before him. As my letter of September 30" indicated, the Building Commissioner is required to respond to such a request within thirty (30) days of the date of the complaint which was received on September 15, 1997. 1 urged you and your client to provide Mr. Crossen with any relevant information within the prescribed statutory time period. I am unclear from your letter whether you have done so. I suggest that you directly address the zoning issue with the Building Commissioner. However, be advised that the Building Commissioner may have already been compelled to issue a decision on this matter because of the time deadlines imposed upon him. Thank you for your consideration of this matter. Sincerely, RJW:cg Ruth J. W il, sistan Town Attorney 'town of B n able cc: James D. Tinsley, Town Manager cc: Mary Jacobs, Assistant Town Manager cc: Ralph Crossen, Building Commissioner Encs. [95-02881downs-2] LOSORDO & DOWNS Attorneys at Law 78 Route 6A P.O.Box 1637 Benjamin J. Losordo 0 r""`- ` Sandwich, MA 02563 Gregory M. Downs # ou 2 0 W Phone(508) 888-6067 Mary M. Gaffney Fax(508) 833-2307 70YyiV OF BAri�,i�,.� Ruth J. Weil Assistant Town Counsel Office of Town Attorney 367 Main Street Hyannis, Ma. 02601-3907 October 16 1997 RE: Gifford Brothers, Inc. Dear.Ms. Weil: I apologize for the delay in responding to your letter of September 30, 1997. As you may be aware the ownership of the subject property has been the subject of litigation both with the Town and with Patricia Gifford. We previously had agreed with Town Counsel to file for the permit without relinquishing our rights under the litigation. Included in those rights was both the nonconforming nature of the operation and the fact no one in Town Hall knew of any one else having to apply for the permit. We did apply under a reservation of rights in 1996 and then heard nothing until the recent correspondence from Mr. Crossen. Within the litigation were affidavits from the existing owners and some past contractors who had used the yard for years dating back to the 1950's. I would be willing to help the town in any way you deem appropriate, but am unaware what law or ordinance can do more than ensure the health and safety issues previously addressed on several visits to the site by Town Officials. Please contact me with the application information necessary and I will advise my client to comply to the greatest extent possible while reserving our rights outlined previously. Thank you for your patience in this matter. I understand the pressures which conflict among the property owners may cause. Sincerely, `e o M. Downs gd/gmd The Town of Barnstable • &UMSrASM • Office of Town Manager Nv. 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley,CPA,Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable (Chapter III, Article XIII) Date Applicant Name Applicant Address Corp.Name D.B.A. Address of Property To be Permitted Mailing Address Assessor's Map# Parcel # Zoning Property Owner Owner's Address Manager of Operations Manager Address Tel. # Reviewed by Site Plan: Building Commissioner Date Approved by Town Manager: Town Manager Date Expires Permit may be subject to conditions: ❑ see attached ❑no conditions imposed sndptfnn Public Hearing Procedures for the Issuance of Permit to Remove Soil, Sand and Gravel,and Sand Pits Within the Town of Barnstable 1. Authority to Issue Permit Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article)III, Removal of Soil, Sand and Gravel and Sand Pits. 2. Official Authorized to Issue Permit Town Manager. 3. Public Hearing Application Procedures The Town Manager shall utilize the Town's Site Plan Review process in order to obtain appropriate staff input for the issuance of this permit. a) Site Plan Review: File application with Building Division. b) Upon completion of Site Plan Review, Building Commissioner will forward all recommendations to Town Manager for review. Town Manager will schedule a Public Hearing within a reasonable time. If review/approval by the Zoning Board of Appeals or Cape Cod Commission is required, such referral will be made at this time and further proceedings under this process will be suspended until action is taken. 4. Notice to All Interested Parties a) Advertise in newspaper. Ad placed by Town Manager not less than two (2) weeks before hearing. Ad paid by applicant. b) Notice sent by the applicant to property owners within 300 feet(as given in the Town of Barnstable Assessor's Book) by certified mail, return receipt requested(green card). The green card is presented to the Town Manager at hearing, along with a copy of the hearing notice provided. 5. Town Manager will conduct the hearing by: a) • Reading legal notice • Hear applicant's presentation • Hear Town officials • Hear abutters • Hear boards,citizens, community organizations, and others Note: Town Manager may impose a time limit on presentations by abutters, citizens, and community organizations. b) The Town Manager shall, after hearing all testimony relevant to the application, make a determination to close the hearing, continue the hearing, or keep the record open for a specified period of time for the introduction of additional testimony. 6. Issuance Determination on Application for a Permit a) Following the hearing,the Town Manager shall issue a determination on the application within a reasonable period of time. b) The determination of the Town Manager shall be sent to the applicant in writing. c) The determination of the Town Manager shall also be filed in the office of the Town Clerk. d) Town Manager may impose conditions on the permit. 7. Permit Length The permit shall be valid for one(1)year from date of issuance,and shall be renewable. 8. Fees Permit Application Fee $50.00 9. Bond At the time the permit is approved, the posting of a bond shall be required in the amount that shall be sufficient to cover the closure plan as approved by the Town Manager. ARTICLE XIII. REMOVAL OF SOIL,SAND AND GRAVEL AND SAND PITS Section1. No top soil, sub soil,gravel, sand or other earth may be removed from the Town of Barnstable without first having obtained a permit from the Town Manager. A permit, with conditions imposed where necessary, may be issued for the removal of top soil, sub soil, gravel, sand, and other earth if the Town Manager, after a public hearing, shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Town Manager; notice of said hearing being given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing, the expense of publication to be bome by the petitioner. After such a hearing the Town Manager shall render a decision in writing stating the decision and the reasons therefor and file the decision with the Town Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless the person removing such top soil or sub soil shall replant the entire area of such removal with rye, vetch, wheat, legumes or other soil improving plants, or plant with a permanent cover crop or reforest the area. Section 3. No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if it is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a public hearing has been held as set forth in Section 1. The owner or owners of all sand and gravel pits shall bum or cart to the town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion. Amended March 6, 1965. Approved March 25, 1965. Rescission of Did text. Adoption of new text. Section 4. The foregoing ordinances shall not apply to land in public use nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultivating the ground, nor for construction of buildings and the making of public or private improvements. Section 5. Any person violating the provisions of this ordinance shall be punished by a fine not to exceed fifty ($50.00)dollars for the first offense, one hundred ($100.00) dollars for the second offense and two hundred ($200.00) for each subsequent offense. Adopted May 21. 1951. Approved July 5, 1951. 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"7'+'1�to 1�b w''h��'p+: 41 ,iit�5r✓�M .�Cc d1- Z a's'�'��^L, kF.�� y'pi hf iW '.kEV}�'t� :':z• AM tiya'�` ri, r, yd �• i r S N° TIC SM PLAN REVIEW PROCESS: Once you've made the decision to locate in Barnstable, you should visit the Building Commissioner's office to discuss the permitting steps. This first meeting is necessary to acquaint you with the process and discus the visits you may be facing before other Town Hall departments and/or non-Town Hall groups such as the Cape Cod Commission. While most business plans do not trigger the need for this outside review, it is a possibility for the largest projects and, if applicable, will be discussed here. This step is not unique to Barnstable, and if your business scope is large enough to require Cape Cod Commission review, it would do so anywhere on the Cape. If Commission review is required of you, you can be assured that we will stay involved with you through that process until you are finished and return to Town Hall to resume the Site Plan Review process. The initial visit to the Building Commissioner's office will usually involve an informal discussion between yourself and the Building Commissioner as to the locations you have in mind, the scope of your project or modification, and what steps you will need to go through. In many instances, small changes or modifications to an existing building can be handled informally and without a great expense to you. If your project fits into this category, it is quite possible to go through Site Plan Review and be ready for a building permit within two weeks! As an applicant, you are encouraged to have all your intentions finalized for this initial meeting so the Building Commissioner has all the information at his fingertips in order to be better able to guide you. The Site Plan Review process in Barnstable is a unique process that is administrative in nature and handled during the day at Town Hall. Unlike other towns where Site Plan Review is handled in formal night meetings over several months due to continuances and delays, the Barnstable process is both efficient and effective and, best of all, it takes a fraction of the time! If the result of your initial meeting with the Building Commissioner is that you must go in front of the Site Plan Review committee, you will be briefed as to whether it will be an informal hearing or a formal hearing. Informal hearings can be expected when the scope of the project is minor in nature such as a minor use change with very little exterior work, a reconfiguration of a parking area, or a new free-standing sign. If your plan is considered minor, you may be asked to bring in very little as far as the lot information is concerned (possibly only a surveyor's site plan). You would come in and informally tell the group what your plan is. Suggestions would be given and, if all are in agreement, you would probably be finished and either be ready for a building permit, or a license. If your proposal is somewhat larger in scope, such as a new building or a major change of use or an addition to an existing building, you will be asked to present engineered plans and come in before the group to propose your plan. Comments and suggestions will be given both before and during your hearing. In some cases, revisions are necessary. In the end, you will walk away with either the support of the group for a building permit or, for a Zoning Board Special Permit or Variance. In some cases, a referral to the Cape Cod Commission would happen at this point, but only on the biggest projects. Generally, the process in Barnstable is handled in a professional and expeditious manner. The average time an applicant is involved with Site Plan Review is three weeks as opposed to three months in other towns. In most cases, if your proposal needs Zoning Board action in addition to Site Plan Review, both applications can be filed simultaneously resulting in an overall time frame that is streamlined and efficient. THE commrrT.EE AND WHAT IS EXPECTED: When you come in front of the Site Plan Review Committee, usually on Thursday mornings at Town Hall, you can be expected to meet a group comprised of the Building Commissioner and staff from the following departments: Board of Health, Conservation, Planning, Fire, Public Works Engineering, and Licensing. In some cases, the Historic Society and Zoning Enforcement Officer would be present -depending on the project. You can expect to be assigned time. These meetings maybe quite busy and an agenda is usually published to help keep the process as efficient as possible. Generally, you may speak freely as the process is informal. You may be represented by an engineer, attorney, or anyone else you choose. However, this is not mandatory. We do find that the larger projects generally are approached in this manner. The review, as the name suggests, concerns itself with site issues, the impacts of your project, and how best to mitigate its impacts. Issues such as parking, lighting, traffic circulation, above and below ground fuel tanks, drainage on site, pedestrian circulation patterns, landscaping and overall layout as it may effect public safety and the fluidity of movement to and from the site will be discussed. You are encouraged to include on your site plan everything that is pertinent to the site and your plan as the Ordinance calls for. Your initial meeting with the Building Commissioner will make all this clear to you in advance. We strive to promote design standards that protect natural features to the greatest extent possible. To that end, landscaping plans are encouraged as a supplement to the site plan. Slopes in excess of 10% are not allowed, and surface water must be recharged on the site. These challenges have resulted in some creative and memorable landscaping plans in the past and will no doubt do the same in the future. WHAT = GROUP LOOKS FOR: Mice of the Building Commissioner The Office of the Building Division stands ready to meet with you at any time, including at the idea stage of your project to map out a course of action. This will include laying out options for you to choose from. We will also help provide you with a permitting path so your Town Hall experience is as smooth possible. The Building Division will offer zoning advice, public safety advice, Cape Cod Commission information, construction advice, and handicapped access information and advice. Since many of these areas have the ability to drastically alter the scope of your project, it is important that you make your first visit to this office. The Building Commissioner is located on the fourth floor of Town hall and is available on short notice. Please call for an appointment-(508) 790-6227 Conservation Commission Whenever new uses or non-residential construction is proposed within 100 linear feet of wetlands, shoreline resources or the coastal 100 year floodplain, the Conservation Division will be interested in your plans. For such applications, the Conservation Agent will take part in the site plan review process, and may also require a separate filing with the Barnstable Conservation Commission. While the great majority of Commercial projects do not trigger conservation interest Y=� ��. - t ;� - as most of our business districts are not near wetlands or resource '"" '''�` ' areas, some will. With the remaining projects within its jurisdiction, the Conservation Division and Commission hold the following expectations of the applicant: • That all wetland resource areas are accurately shown on the plan • That appropriate measures are employed to prevent resource area impact • That all regulations and guidelines of the Conservation Commission are complied with. The Conservation Division staff is happy to answer your questions or otherwise assist you in the regulatory process. Our office is located at the Town Hall, fourth floor, next to the Building Division, downtown Hyannis. Call (508) 790-6245. The Planning Department The Planning Department will be present for all Site Plan Review hearings and will offer comments and suggestions concerning consistency with the requirements of the zoning ordinances. We encourage healthy growth and development while seeking to protect and preserve our towns natural resources, community character and historical designations. Additionally, we encourage development that will be compatible and in keeping with the comprehensive planning effort. These efforts include the location of site entrances, roadways and driveways, parking lot layout, the location and layout of structures, and depending on the historic significance of the project, design advice and assistance; We encourage you to call(508) 790-6290 with questions at any time. The Health Division The Health Division takes part in all Site Plan Review hearings, and will offer comments and advice on issues such as: • Septic systems location and adequacy • Fuel storage tank age, size and location. • Food service equipment location, number of seats, and grease trap location and size. • Swimming pool equipment ool a ui ment location. The Health Department will help with pre-hearing advice at any time. We are located on the third floor of Town Hall. Call(508) 790-6265 with questions. Fire Departments Within the town of Barnstable there are five separate fire districts. These fire districts work closely with the town on all life, safety and property preservation issues. Regardless of which fire district your project will be located in, the fire department will be reviewing the project to resolve any issues or give advice involving: • Access onto the property for fire apparatus and ambulances • Access around buildings, including stretcher access areas and fire department key box locations • Location and size of all utilities on the property • Location of hydrants and mains adjacent to the property • Location of fire protection equipment on the property • Location of all dumpsters, six yard capacity and over • Location of and amounts of all hazardous materials stored, used or generated on the property To enable the fire department to assist you throughout the entire building project they will need the use group classification and square footage for all uses both existing and proposed. This information will be used to determine exit, fire alarm and fire protection needs. Consult the Fire Chief or Fire Prevention Office in the appropriate fire district at: Barnstable Fire Department(508)362-3312 Cotuit Fire Department (508)428-2210 Hyannis Fire department(508) 790-6328 Centerville/Osterville/Marstons Mills(COMM) Fire Department (508) 790-2375 West Barnstable Fire Department(508) 362-3241 Department of Public Works Engineering Division The DPW engineering Division is part of the Site Plan review team, and is responsible for critiquing plans for compliance with the Town of Barnstable Ordinances. We normally review a site for public safety, relative to the following: • Traffic impacts at driveway entrances(vehicular conflicts) • Sidewalk handicap access(pedestrian safety) • Stormwater containment on the site(environmental pollution) • Parking configuration on the site(vehicular and pedestrian safety on site and adequacy of off-road parking) The Engineering Division is located in Town Hall on the third floor. Call,(508) 790-6310 between the hours of 8:00 AM- 10:00 AM and between 1:00 PM-2:00 PM Monday through Friday. Historic Preservation Division Site Plan Review, as it relates to historic Preservation, allows for review of factors such as the placement of buildings and environmental impacts such as traffic, noise and effects to natural and cultural resources in the project area. Historic Preservation concerns can be incorporated within these criteria for a successful Site Plan review. For example, any project including an historic resource over 50 years old, especially those resources that are listed in the town's Inventory of Historic Resources and the State and National Registers of Historic Places, should address concerns regarding architectural design and scale, changes to historic buildings, i.e. demolition or additions, and screening or buffering from unrelated areas. If the project site is located within a historic district, will construction activity enhance rather than detract from the integrity of individual buildings and a sense of community character? TOWN OF BARNSTABLE INFORMATION APPLICATION G m� Site Plan Review Process Applicant obtains application by visit/phone See/Call Site Plan Coordinator 790-6227 Building Division Town Hall Review by Building Commissioner Small Projects Medium Projects Large Projects such as such as such as Ste,Parking Change of Use Large Commercial Development I I I Time Line Requires Sketches Requires Requires in or Engineered Engineered Plans WORKING Scaled Drawings Drawings DAYS Day One Site Plan Coordinator Through Day Five Reviews Application for Completeness and forwards to Staff for Review Staff Review Period Day Six Throes Zoning/Building,Planning,Conservation,Health,Engineering,Fire,Other Day Fifteen 'Note.All Comments negardzVthe Review Shall be Sent to the Building Commissioner I Public Site Plan Review Day Fifteen May start with an Informal or Full Review. During this time Staff Comments will be heard and Through responded to by the Applicant. Changes made by the Applicant will be reviewed by Staff. Day Nineteen Applicant will submit a Final Site Plan and Staff will submit it's comments on this Final Plan to the Building Commissioner. 'Note:The Applicant can request an extension in order to address issues involved in the review. Decision Decision Time within to 20 Days Approve,Approve with Conditions,Extend Hearing,Refer to CCC or ZBA,Disapprove 1 Required Procedures for Site Plan Review 1. At least six copies of completed packages of applications and all supporting documents must be submitted to the Building Division. 2.Within five working days of receiving a Site Plan, copies will be distributed to all Town bodies having an interest. 3.Within ten working days of receipt by any Town body, detailed comments are to be submitted back to the Building Commissioner. 4.The Building Commissioner may solicit the advice of any other Town agency or department he deems necessary to properly make the determinations required by this section. 5. Site plans shall be reviewed for consistency with zoning and other applicable regulations and standards. Within twenty days of receiving the Site plan, the Building Commissioner shall notify the applicant of any approval, conditional approval or disapproval, stating reasons. 6. One copy of a signed approved Site plan shall be given to the applicant. other copies shall be kept by various Town agencies. 7. Upon completion of all work, a letter of certification by a registered engineer or land surveyor as appropriate to the work involved, shall be submitted to the Building Commissioner stating that all work has been completed substantially in compliance with the approved Site plan. The Building Commissioner may certify compliance when he determines that the scope of the project warrants it. 2 �/ INFORMATION SYSTEMS DEPARTMENT SITE PLAN FOR MAP 500 PARCEL 80 GEOGRAPHIC INFDRMATIONSYSIEASUNIT STANDARD LEGEND i Coif:am ae gn"MD mm oe a mop GOLF COURSE FAIRNAT DECIDUOUS REFS EDGE OF BRUSH (� MIDTERM TtEFS tiff. _ MARSH AREA - 77 3 OF WATER EOGE � 5.2 �"` + •�� �- V� DIRT ROAD DR(YEYAYS ..... _........ �. APED 8toms .......... . PA / H. Q ROADlATOIIIS PROPERTYUNES WATER PRMEm LINE �� •? MAP AND PARCEL NUMBERS II=CONTOUR UNE 10 FOOT CONTOUR LIKE SPOT ELEVATION �4 0.5 S I Rt 1 \/ 4 /, X—' STONE WALL !, - -•ram / %' -� FENCE . i --� RETAINING WALL 51 � 41. / � . � � _, TAIL ROAD TRAaS \ TEIEtNONE POLE � _ STONE MIT WATER E L E V.- SWIMMING POOR. � ��� �• 34.49 porn/DICK ' R ,' O■ IUIIDINGS/SIRUCTORES Y. i - - •'�% F'H' Doa/nEt/lEm YEGETATIOIL TOPOGRAPHY AND PIANIMETRIC DATA INTERPRETED FOS1989AER1Al0PEtfuGHiS,PH010GRAPNTAT NOT6 THE PARCEL LINES ART ONLY GRAPHIC REPRESENTATIONS 0F �mNO � HLhdk S 1'-D00'MAPPED AT 1'-100'.PARCEL DATA DIGITIZED FROM I•-100'ENGINEERING ASSESSORS MAPS I"'? PROPERTY BOUNDARIES.THEY ARE NOT TRUE LOCATIONS mh 9-3.9 +K r �s 1 10Y i Town of Barnstable FOR OFFICE USE ONLY Date Aecriwd: Application for Site Plan Review ActionDwBr. Location L ig Description: Planning Board Subdivision Number: Assessor's Map and Parcel Number. Property Address: Owner of Prove riy Applicant Name: Name: Address: Address: Phone: Phone: Engineer Agent Name Name address: Address: r Phone: Phone: 3toraae Tanks Utilities Zoninx Classification Existing Proposed Sewer District: Number: Number: Public Flood Hazard: size: Size: Private Groundwater Overlay. Above Ground: Above Ground: Fire District Lot Area: Sq.Ft. Underground: Underground: Water Number of Buildings contents: Contents: Public: RNisting: Private: Proposed: ?arking Spaces Curb Cuts Fire Protection: Demolition: Zequired: Existing. Electrical Total Floor Area ?rovided: Proposed: Aerial: Residential: Jii-Site To Close: Underground: Office: Dff Site: Totals: Gas Medical Office: Natural: Commercial: :n Historical District: Yes/No Propane: (Specify Use) Wholesale: :n Area of Critical Environmental Concern Instutional: E.O.E.A) Yes/No Industrial: ?roject within 100' of Wetland Resource Area: Yes/No 4 t Contents of Site Plan The Site Plan shall include one or more appropriately scaled maps or drawings of the property,drawn to an engineers scale, clearly and accurately indicating such elements of the following information as are pertinent to the development activity proposed. 1)Legal description,Planning Board Subdivision Number Of applicable),Assessors'Map and Parcel number and address Of applicable)of the property. 2)Name,address and phone number of the property owner,and applicant if different from the property owner. 3)Name,address,and phone number of the developer,contractor,engineer,other design professional and agent or legal representative. 4)Complete property dimensions,area and zoning classification or property. 5)Existing and proposed topographical contours of the property taken at two-foot(21 contour intervals by a registered engineer or registered land surveyor. 6)The nature,location and size of all significant existing natural land features,including,but not limited to,tree,shrub,or brush masses,all individual trees over ten inches(10')in caliper,grassed areas,large surface rock in excess of six feet(61 in diameter and soil features. 7)Location of all wetlands or waterbodies on the property and within one hundred feet(1001 of the perimeter of the development activity. 8)The location,grade and dimensions of all present and/or proposed streets,ways and easements and any other paved surface. 9)Engineering cross-sections of proposed new curbs and pavements,and vision triangles measured in feet from any proposed curb cut along the street on which access is proposed. 10)Location,height,elevation,interior and exterior dimensions and uses of all buildings or structures,both proposed and Y existing:location,number and area of floors:number and type of dwelling units:location of emergency exits,retaining walls, existing and proposed signs. 11)Location of all existing and proposed utilities and storage facilities including sewer connections,septic systems and any other storage tanks,noting applicable approvals if received. 12)Proposed surface treatment of paved area and the location and design of drainage systems with drainage calculations prepared by a registered civil engineer. 13)Complete parking and traffic circulation plan Of applicable)showing location and dimensions of parking stalls,dividers, bumper stops,required buffer areas and planting beds. 14)Lighting plan showing the location,direction and intensity of existing and proposed external light fixwres. 15)A landscaping plan showing the location,name,number and size of plant types,and the locations and elevation and/or height of planting beds,fences,walls,steps and paths. 16)A location map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas including,where relevant,the zoning and land use pattern of 4acent properties,the existing street system in the area and location of nearby public facilities. 17)Location within an Historical District and any other designation as an Historically Significant property,and the age and type of each existing building and structure on the site which ids more than fifty(50)years old. 18)Location of site with regard to Zones of Contribution for public supply wells as determined in a report entitled'Groundwater and Water resource Protection Plan,Barnstable,Massachusetts'prepared by SEA Inc.,Boston,MA,dated September,1985, which is on file with the Town Clerk. • 19)Location of site with regard to Flood Arras regulated by section 3-5.1 herein. 20)Location of site with regard to Areas of Critical Environmental Concern as designated by the Commonwealth of Massachusetts,Executive Office of Environmental Affairs. 5 / To be reviewed by the Building Commissioner Zoning District: Old Kings Highway Regional Historic District: Listed in National and/or State Register of Historic Places: Perimeter setbacks: Front: Side: Rear. Lot Coverage: Type of Use (Zoning): Flood Plain Zone: Elevation: Number of Floors: Floor Area: Fast: Second: Other (Specify): Parking Requirements:. Required: • Provided: Handicapped Spaces: Are there Accessory Buildings? Accessory Building Floor Area: Please provide a brief narrative description of your proposed project. I assert that I have completed(or caused to be completed)this page, the Site Plan Review Application and the checklist at the back of the application and that' to the best ofmy knowledge, the information submitted here is true. Signature Date TOWN OF BARNSTABLE BApNSfABLE. ' OFFICE OF TOWN ATTORNEY 639.1 . e� 367 MAIN STREET e79 � rEo►A��" HYANNIS, MASSACHUSETTS 02601-3907 ROBERT 0. SMITH,Town Attorney TEL. (508)790-6280 RUTH J. WEIL, Assistant Town Attorney NIGHT LINE-AFTER 4:30 P.M. CLAIRE R. GRIFFEN, Legal Assistant September 30, 1997 (508)790-6283 EILEEN S. MOLLICA, Legal Clerk FAX N(508)775-3344 Gregory M. Downs, Esq. Losordo & Downs 78 Route 6A P.O. Box 1637 Sandwich, MA 02563 RE: Gifford Brothers, Inc. and Christopher Keyes Assessor's Map 13, Parcel 52 Dear Mr. Downs: Your letter to the Building Commissioner dated September 22, 1997 (which was received by the Building Commissioner on September 29, 1997) has been forwarded to our office for review. I gather from the letter that you are raising questions about the procedures being followed by the Town Manager in his implementation of Chapter III, Article XII of the General Ordinances of the Town of Barnstable which requires all sand and gravel pits operating within the Town of Barnstable to obtain a sand and gravel permit. The Town Manager, in his desire to fairly and effectively implement the permitting requirements imposed under the above-cited general ordinance, has adopted what he hopes is a user friendly process. As indicated in the letter addressed to your client, a copy of which was sent to you, the first step involves an informal meeting with appropriate town officials to review and discuss the application process and to answer any questions that the operator might have regarding the hearing procedures. The information sought in the application process is designed to provide the Site Plan Review Committee with the Gregory M. Downs, Esq. Losordo & Downs Gifford Brothers, Inc. and Christopher Keyes Assessor's Map 13, Parcel 52 September 30, 1997 Page 2 technical information it needs to prepare a recommendation to the Town Manager. The Site Plan Review process will provide all property-owners with an opportunity for a dialogue with and input from the applicable town officials who will be ultimately sharing their expertise with the Town Manager at the public hearing. M1 As you acknowledged in your letter, all existing sand and gravel pit operators have been asked to comply with the same application process. I am advised by the Town Manager's Office that your client is the only operator who has failed to contact the office for an informal meeting with town officials to begin said application process. You should be aware that there is no "grandfathering" from the application of a general ordinance and a new general ordinance could be adopted today to regulate existing business activities. That has not been done in the instant case. Rather, there is an existing ordinance which requires the town manager to hold a public hearing and to evaluate certain information before the issuance of a permit with whatever conditions he determines are appropriate. As noted above, the procedure outlined in the letter to your client was designed to provide an avenue for the sand and gravel operators to work with appropriate town officials to share and evaluate applicable information in preparation for the hearing process. However, if it is your position that your client does not have to provide the town with the information it has requested prior to the required public hearing, I will advise the Town Manager to schedule a public hearing and then seek whatever information he deems necessary during the public hearing process. Please advise me forthwith if the latter is the course that your client wants to pursue. [95-0288&97-0122/downsltr] I� Gregory M. Downs, Esq. Losordo & Downs Gifford Brothers, Inc. and Christopher Keyes Assessor's Map 13, Parcel 52 September 30, 1997 Page 3 On a separately-raised zoning issue, it is my understanding that the Building Commissioner has alerted both you and your client to a request he has received for zoning enforcement from abutters to the sand and gravel pit who claim that the sand and gravel pit is in violation of zoning and is not a legal pre- existing allegation is made that even if - nformin use. Alternatively, existing non co g9 there was some legal pre-existing non-conforming use, that the current use differs in nature and kind to such a degree that the current use is illegal. The Building Commissioner is in the process of investigating the complaint and must respond no later than October 14'. Obviously, the Building Commissioner's investigation would be greatly helped by specific and verifiable information from your client, as to when the sand and gravel use began, the nature of the use when begun (including the activities taking place on the premises), the intensity of the use when begun and the nature and extent of the use as it continued from its inception to the present. Your prompt attention to both these matters is appreciated. S4cely, RJW:cg Wei Assistant Town Attorney cc: Town Manager cc: Assistant Town Manager cc: Building Commissioner ncc•. ��� G� I � S [95-028807-0122/downsltr] LOSORDO & DOWNS Attorneys at Law 78 Route 6A P.O.Box 1637 Benjamin J. Losordo Sandwich, MA 02563 Gregory M. Downs Phone(508) 888-6067 Mary M. Gaffney Fax(508) 833.2307 Mr. Ralph Crossen Building Inspector Town of Barnstable Town Hall 367 Main Street Hyannis, Ma. 02601 September 22, 1997 RE: Gifford Brothers Sand and Gravel Dear Mr. Crossen: I am in receipt of an information package regarding an application for permit relative to all gravel and sand pits operating within the Town of Barnstable. The package was addressed to Gifford Brothers Inc. and Christopher Keyes. As you are aware the subject of a permit was raised by prior litigation in the Barnstable Superior Court at which time it was agreed, under a reservation of rights as a prior nonconforming use, Gifford Brothers would apply for a permit under the duly authorized regulations of the Town then in force. This was done by timely filing of the appropriate documents with the Town Manager. The new application procedure seems to be designed to force ongoing prior nonconforming businesses to comply with new local and regional policies. I would be happy to discuss this matter with you and/or Town Counsel at any time. If there are particular issues which need to be addressed at the site please contact me with your concerns. Sincerely, �re o M.Downs d d/ and cc: Client 2 9 W 1 , The Town of Barnstable STABLE, . COPY �. � Office of Town Manager i°rED► �' 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley, Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager August 18, 1997 Harriet P. Hayward William Gifford 800 Wakeby Road Marstons Mills, MA 02648 Dear Ms. Hayward and Mr. Gifford: The Town of Barnstable has recently reviewed Chapter III,Article XIII of the Town's General Ordinances-- Removal of Soil, Sand and Gravel and Sand Pits as it affects all existing soil, sand and gravel removal operations within the Town of Barnstable. As you were previously notified by the former Town Manager,we have found that your operation at 810 Wakeby Road,Marstons Mills is not permitted as required. In accordance with the terms of Chapter III, Article XIII,the Town of Barnstable has established the following procedures for the issuance of such permits and renewals, and requests that you immediately make application to the Town to initiate the permit process set forth below. You are advised that all landowners whose operations are governed by Chapter III, Article XIII are being similarly notified of the requirement for a permit and the application process involved. Town officials are interested and available to provide assistance to you as you proceed through the application process. The process is as follows: 1. Informal meeting with appropriate town officials to discuss the application process so that you may have a full understanding of the procedures. 2. Completion of the Site Plan Review application submitted to the Town Manager, who will refer it to town staff for their review and recommendations through the Site Plan Review process. 3. Town staff forward recommendations to the Town Manager for his consideration in issuing the permit. 4. Town Manager holds a public hearing as outlined in the General Ordinances. 5. Upon the close of the public hearing,the Town Manager issues a determination on the application. For your convenience, I have included a permit application, a copy of the administrative procedures for this permit, an application for site plan review,and a copy of the ordinance. Please call Mary Jacobs,Assistant Town Manager,at 790-6205 to schedule a meeting with her and other town officials to review the procedure for obtaining this necessary permit. I appreciate your compliance with this permit requirement. Sincerely, James D. Tinsley Town Manager The Town of Barnstable KAM $ Office of Town Manager I" & 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley,CPA,Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable (Chapter III, Article XIII) Date Applicant Name Applicant Address Corp.Name D.B.A. Address of Property To be Permitted Mailing Address Assessor's Map# Parcel# Zoning Property Owner Owner's Address Manager of Operations Manager Address Tel. # Reviewed by Site Plan: Building Commissioner Date Approved by Town Manager: Town Manager Date Expires Permit may be subject to conditions: ❑ see attached ❑no conditions imposed sndptfrm I Public Hearing Procedures for the Issuance of Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable 1. Authority to Issue Permit Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article XIII, Removal of Soil, Sand and Gravel and Sand Pits. 2. Official Authorized to Issue Permit Town Manager. 3. Public Hearing Application Procedures The Town Manager shall utilize the Town's Site Plan Review process in order to obtain appropriate staff input for the issuance of this permit. a) Site Plan Review: File application with Building Division. b) Upon completion of Site Plan Review, Building Commissioner will forward all recommendations to Town Manager for review. Town Manager will schedule a Public Hearing within a reasonable time. If review/approval by the Zoning Board of Appeals or Cape Cod Commission is required, such referral will be made at this time and further proceedings under this process will be suspended until action is taken. 4. Notice to All Interested Parties a) Advertise in newspaper. Ad placed by Town Manager not less than two (2) weeks before hearing. Ad paid by applicant. b) Notice sent by the applicant to property owners within 300 feet(as given in the Town of Barnstable Assessor's Book)by certified mail, return receipt requested(green card). The green card is presented to the Town Manager at hearing, along with a copy of the hearing notice provided. 5. Town Manager will conduct the hearing by: a) • Reading legal notice • Hear applicant's presentation • Hear Town officials • Hear abutters • Hear boards, citizens,community organizations, and others Note: Town Manager may impose a time limit on presentations by abutters,citizens, and community organizations. b) The Town Manager shall, after hearing all testimony relevant to the application, make a determination to close the hearing, continue the hearing, or keep the record open for a specified period of time for the introduction of additional testimony. i ' ARTICLE Xtll. REMOVAL OF SOUL,SAND AND GRAVEL AND SAND P1TS Section 1.. No top soil, sub soil, gravel, sand or other earth may be removed from the Town of Barnstable without first having obtained a permit from the Town Manager. A permit,with conditions imposed where necessary, may be issued for the removal of top soil, sub soil, gravel, sand, and other earth if the Town Manager, after a public hearing, shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Town Manager, notice of said hearing being given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing, the expense of publication to be bome by the petitioner. After such a hearing the Town Manager shall render a decision in writing stating the decision and the reasons therefor and rile the decision with the Town Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless the person removing such top soil or sub soil shall replant the entire area of such removal with rye, vetch, wheat, legumes or other soil improving plants, or plant with a permanent cover crop or reforest the area. Section 3. No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if it is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a pubic hearing has been held as set forth in Section 1. The owner or owners of all sand and gravel pits shall bum or cart to the town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion. Amended March 6, 1965. Approved March 25, 1965. Rescission of old text. Adoption of new text. Section 4. The foregoing ordinances shall not apply to land in public use nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultivating the ground, nor for construction of buildings and the making of public or private improvements. Section . Any person violating the provisions of this ordinance shall be punished by a fine not to exceed fifty ($50.00) dollars for the first offense, one hundred ($100.00)dollars for the second offense and two hundred ($200.00) for each subsequent offense. Adopted May 21, 1951. Approved July 5, 1951. Amended May 18, 1976. Approved September 13, 1976. Fine amount changed. w; N . . ; The Town of Barnstable Office of Town Manager COPY 367 Main Street,Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley, Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager August 18, 1997 John A. &Joan E. Aalto 150 Walnut Street Marstons Mills, MA 02648 Dear Mr. and Mrs. Aalto: The Town of Barnstable has recently reviewed Chapter III,Article XIII of the Town's General Ordinances-- Removal of Soil, Sand and Gravel and Sand Pits as it affects all existing soil, sand and gravel removal operations within the Town of Barnstable. As a land owner whose operation on Old Falmouth Road for the removal of soil, sand and gravel is governed by this ordinance,we have found that you are not permitted as required. In accordance with the terms of Chapter III,Article XIII,the Town of Barnstable has established the following procedures for the issuance of such permits, and requests that you immediately make application to the Town to initiate the permit process set forth below. You are advised that all landowners whose operations are governed by Chapter III,Article XIII are being similarly notified of the requirement for a permit and the application process involved. Town officials are interested and available to provide assistance to you as you proceed through the application process. The process is as follows: 1. Informal meeting with appropriate town officials to discuss the application process so that you may have a full understanding of the procedures. 2. Completion of the Site Plan Review application submitted to the Town Manager,who will refer it to town staff for their review and recommendations through the Site Plan Review process. 3. Town staff forward recommendations to the Town Manager for his consideration in issuing the permit. 4. Town Manager holds a public hearing as outlined in the General Ordinances. 5. Upon the close of the public hearing,the Town Manager issues a determination on the application. For your convenience,I have included a permit application,a copy of the administrative procedures for this permit,an application for site plan review, and a copy of the ordinance. Please call Mary Jacobs,Assistant Town Manager, at 790-6205 to schedule a meeting with her and other town officials to review the procedure for obtaining this necessary permit. I appreciate your compliance with this permit requirement. Sincerely, James D. Tinsley Town Manager : . The Town of Barnstable Office of Town Manager 367 Main Street,Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley,CPA,Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable (Chapter III, Article XIM Date Applicant Name Applicant Address Corp.Name D.B.A. Address of Property To be Permitted Mailing Address Assessor's Map # Parcel # Zoning Property Owner Owner's Address Manager of Operations Manager Address Tel. # Reviewed by Site Plan: Building Commissioner Date Approved by Town Manager: Town Manager Date Expires Permit may be subject to conditions: ❑ see attached ❑ no conditions imposed sndptfrm Public Hearing Procedures for the Issuance of Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable 1. Authority to Issue Permit Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article )UH, Removal of Soil, Sand and Gravel and Sand Pits. 2. Official Authorized to Issue Permit Town Manager. 3. Public Hearing Application Procedures The Town Manager shall utilize the Town's Site Plan Review process in order to obtain appropriate staff input for the issuance of this permit. a) Site Plan Review: File application with Building Division. b) Upon completion of Site Plan Review, Building Commissioner will forward all recommendations to Town Manager for review. Town Manager will schedule a Public Hearing within a reasonable time. If review/approval by the Zoning Board of Appeals or Cape Cod Commission is required, such referral will be made at this time and further proceedings under this process will be suspended until action is taken. 4. Notice to All Interested Parties a) Advertise in newspaper. Ad placed by Town Manager not less than two (2) weeks before hearing. Ad paid by applicant. b) Notice sent by the applicant to property owners within 300 feet(as given in the Town of Barnstable Assessor's Book) by certified mail,return receipt requested(green card). The green card is presented to the Town Manager at hearing, along with a copy of the hearing notice provided. 5. Town Manager will conduct the hearing by: a) • Reading legal notice • Hear applicant's presentation • Hear Town officials • Hear abutters • Hear boards, citizens,community organizations, and others Note: Town Manager may impose a time limit on presentations by abutters, citizens, and community organizations. b) The Town Manager shall, after hearing all testimony relevant to the application, make a determination to close the hearing, continue the hearing, or keep the record open for a specified period of time for the introduction of additional testimony. 6. Issuance Determination on Application for a Permit a) Following the hearing,the Town Manager shall issue a determination on the application within a reasonable period of time. b) The determination of the Town Manager shall be sent to the applicant in writing. c) The determination of the Town Manager shall also be filed in the office of the Town Clerk. d) Town Manager may impose conditions on the permit. 7. Permit Length The permit shall be valid for one (1)year from date of issuance,and shall be renewable. 8. Fees Permit Application Fee $50.00 9. Bond At the time the permit is approved,the posting of a bond shall be required in the amount that shall be sufficient to cover the closure plan as approved by the Town Manager. ARTICLE XHI. REMOVAL OF SOIL,BAND AND GRAVEL AND SAND PITS Section 1. No top soil,.sub soil,gravel, sand or other earth may be removed from the Town of Barnstable without first having obtained a permit from the Town Manager. A permit, with conditions imposed where necessary, may be issued for the removal of top soil, sub soil,gravel, sand, and other earth if the Town Manager, after a public hearing, shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Town Manager, notice of said hearing being given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing, the expense of publication to be bome by the petitioner. After such a hearing the Town Manager shall render a decision in writing stating the decision and the reasons therefor and file the decision with the Town Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless the person removing such top soil or sub soil shall replant the entire area of such removal with rye, vetch, wheat, legumes or c-ther soil improving plants, or plant with a permanent cover crop or reforest the area. Section 3. No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if it is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a public hearing has been held as set forth in Section 1. The owner or owners of all sand and gravel pits shall bum or cart to the town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion. Amended March 6, 1965. Approved March 25, 1965. Rescission of old text. Adoption of new text. Section 4. The foregoing ordinances shall not apply to land in public use nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultivating the ground, nor for construction of buildings and the making of public or private improvements. Section 5. Any person violating the provisions of this ordinance shall be punished by a fine not to exceed fifty ($50.00) dollars for the first offense, one hundred ($100.00) dollars for the second offense and two hundred ($200.00) for each subsequent offense. Adopted May 21, 1951. Approved July 5, 1951. Amended May 18, 1976. Approved September 13, 1976. Fine amount changed. JOHN A. AALTO _ "Ground Surgeon" Land Clearing•Excavations•Sewer Systems Tel.508-428-9595 150 Walnut Street Fax 508-420-2414 Marstons Mills,MA 02648 J . The Town of Barnstable MAM* anRnrsr�BtE, • Office of Town Manager 039. �Ep�,iud 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley,CPA,Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable (Chapter III, Article XUD Date Applicant Name J cidi * J oa" 17a / Applicant Address WAl.. �// i �i✓1°s`�a 5 /�'///�S �'//Gr, 6 Corp.Name D.B.A. ��� 9alla- gGe:,�iae S:�y41, c Address of Property j ,, To be Permitted �,-(� odd �/ J?,/ Mailing Address l 4e1—`& f ��. ���y /os ��l�s �•�� 2d Assessor's Map # - Parcel # - Zoning Property Owner '1 D 4 J 04 P? ACt //e Owner's Address / Csd����i A`)/s Manager of Operations ���h g P Manager Address / t 37 �4. s A41V's Ale,, Tel. # IS 9 Reviewed by Site Plan: Building Commissioner Date Approved by Town Manager: Town Manager Date Expires Permit may be subject to conditions: ❑ see attached ❑ no conditions imposed sndptfim MSHA ME .DISTRICT ID :4127720260 APR 18 '97 10 : 18 No .011 P .02 t a 1 a UNITED STATES GOVERNMENT PRINTING OrF I CC GPO;Pittsburgh Bookstore Room 118 Federal Building 1000 Liberty Avenue Pittsburgh, PA 1,5222 412-644-2721 NOTIFICATION OF AVAILABLE PUBLICATIONS Please Return This Announcement With Remittance THIS IS NOT AN INVOICE OR A REOUEST FOR PAYMENT. Your name is on our mailing list to be notified when new or revised publications are issued. It you wish to purchase the publications listed below, please make check payable to the 5ur *nj2ndent 21 Qocuments and mail to the above address. PLEASE DO NOT SEND CASH Thank-you. CFR 30 PT. 1-19i 190 �33. Oc� (Mineral Resources) PLEASE DO NOT DETACH Enclosed is 6 check or money order, or charge to my Deposit Account No. _ Order No. CREDIT CARD ORDER( MASTER CARD EXPIRATION DATE VISA EXPIRATION DATE TELEPHONE NUMBER SIGNATURE NAME € COMPANY NAME } STREET ADDRESS CITY STATE 21P CODE ................................................................................... .X... ............... ............ .......................................................... .................:.:. .'1. .1........... ......................... ...: . ...._..." ..X..."..................................... .............................................................................. .............,.. .................................................................................... ... ........................................... ... .............. ... .. ................................................ ......Ii.s S.I...U.E..D..ATE...(..M.......M......./..D...D.../..Y..Y.. .). .............................. 1. A01ilHT P rj . .. . ... .............. E 1.NSUA N ...... 6/17/97 PRODUCER ......THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Eastern States Insurance Agency, Inc. DOES NOT AMEND,EXTEND OR ALTER TUN gqyl' If(qW WED BY THE 50 Prospect Street POLICIES BELOW. Waltham, MA 0154 COMPANIES AFFORDING COVERAGE (617) 642-9000 26 COMPAN LETTER Y A Commercial Union '97 JUN 19 Ail COMPANY B INSURED LETTER Travelers Group S.M. Lorusso & Sons, Inc. etat COMPANY c Cape Cod Aggregate d/b/a LETTER Hyannis Sand & Gravel COMPANY D P.O. Box 96 LETTER Hyannis, MA 02601 COMPANY E LETTER ....... .... 1..*.-'...'1.................. X.............................................. .... ......................................... ........... .... ........................ ....... ............... ............ ...... ...... ............. ...... ........ ............................ 40VERIA. ..................... .. ..:........... .......... ...... ... . .. ... ................................... POLICY PERIOD .. ................................ ................. ....... —.11..1 X X: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR I DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG. $ 2,000,000 CLAIMS MADE OCCUR. ABR313996 1/01/97 1/01/98 PERSONAL&ADV.INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) S 50,000 MED.EXPENSE(Anyoneperson) $ 5,000 A AUTOMOBILE LIABILITY COMBINED SINGLE $ X ANY AUTO LIMIT 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS 1,000,000 1/01/97 1/01/98 (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ A EXCESS LIABILITY EACH OCCURRENCE $ 10,000,000 UMBRELLA FORM CBDZ66811 1/01/97 1/01/98 AGGREGATE $ 10,000,000 ...................... ............ .................. ......................... ..............I...-........................ .................. .......................... -......... ... P1 OTHER THAN UMBRELLA FORM ........... .......... ........... ...._.......... '........................... B .......1.�..................�..,.....'���,�'...,.�.......,.�.... ............... ... ................. ........... .......................... .................... WORKER'S COMPENSA14ON 360K140-4-97 1/01/97 1/01/98 EACH ACCIDENT $ 500,000 AND DISEASE--POLICY LIMIT $ 500,000 EMPLOYERS'LIABILITY DISEASE--EACH EMPLOYEE $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: Contract No. 04-000-97-071 Modified RockfiLL for Landfill Closure Contruction .................................... ...................... ............... ........... ..................... ........................................................................................ E.: 0 .............. ........... ........... .................................................. ....... 0 CERTIFICATE AN E N' ...................- ............. .................................... ................................ .......................... .............. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Town of Barnstable MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Office of Town Manager LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 367 Main Street LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Hyannis, MA 02601 ALIT ORIZED REPRESENTATIVE . ............................................................... ........................................................................................................................................... .... ......... ................................... ............ ... ...... ............ ..........b: b. ............. .. ............... -X....................................... . . ...... ................... M ............... ......... ................................ WRA. ...... ................ ............................................ ................... .................. ........ .. ..... ................ ....... .................. .. . . : The Town of Barnstable MASS ,0� Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 9, 1997 Harriet Hayward,Trustee and William Gifford 800 Wakeby Road Marstons Mills,MA 02648 Re: Use of 810 Wakeby Road,Marstons Mills,MA by Christopher P.Keyes Map/parcel 013/052 Dear Property Owners: You are hereby ordered to CEASE AND DESIST the new commercial use of your property involving the transport of wood waste materials to your site and the processing of it. In a residential district,this sort of use is only allowed after a variance from the Zoning Board of Appeals. If you would like to pursue this course of action,we will be glad to help you. Until then,though,you must discontinue all such activity immediately. Sincerely, Ralph M.Crossen Building Commissioner Ka hleen Maloney, otary Public My commission expires 2/26/2004 RMC/km DELIVERED IN HAND received by date Q970509A pF THE rp wti Town of Barnstable Planning Department � - * 6ARNSTABLE. 230 South Street,Hyannis,Massachusetts 02601 9 A 1639. e� (508) 790-6290 Fax (508) 790-6454 ??[sef f May 13, 1993 TO: Warren J. Rutherford, Town Manager FROM: Robert P. Schernig, Planning Director SUBJECT: Hyannis Sand and Gravel Questions Ref: your memo of April 15, 1993 Please be advised that through joint efforts of the Planning Department, the Building Department and the Legal Department, that a single comprehensive file on this subject has been created. Initial review shows that the questions set forth in Ms Rohrbach's referral form may be most appropriate to . subdivisions activities authorized by a 1988 definitive subdivision plan. It is recommended that a face to face meeting between the three department heads and Ms Rohrbach would be the most efficient means of addressing her issues. Please advise on this approach so that a satisfactory response can be made. The Town of Barnstable f Town Manager .,.. Office o 367 Main Strut, H annis, MA 02601 "' LOG TOWN0► any- �; 4qL Office 508-775-1120 T01'�`� Warren 1.Rutherford i FAX 508.775-3344 Town Manager I PL UERRAL FORM '93 Ap( c �l q� SPONSOR/OR1G1 ATOR: COMPLAINT Q�.i PJ� � � Co�C� I�•� FOLLOW-UP F. Y. L . F. L TOPIC: S NA )A V1,44 &ta 'try 1• k u E "9 V, Alt ��'-- 7. �'�► f cam.Q � a Q� g)S7P0SITION-*., fl Uu, �w , •y t ��.7M cY � cj 4. i 4.tXs- �11� a Sod 'c ,L 1 ROUTED TO: TOWN MANAGER ADMN ASV T _DEPARTMENT:_ I FOR OFFICE USE ONLY COMPLAINT FOLLOW UP DATE IN _/ / DATE: _LL ` DATE OUT u ! THE 1 The Town of Barnstable BAR esTeebe,/: Office of Town Manager 1 *AS /� oop ,yso e� 367 Main Street, Hyannis, MA 02601 Office 508-790-6205 Warren J.Rutherford FAX 508-775-3344 Town Manager I TO: Bob Smith, Town Attorney j FROM: Warren J. Rutherford, Town Manager �^ DATE: April 15, 1993 RE: Hyannis Sand & Gravel Questions In reference to the enclosed questions from Councilor Rohrbach, could you please advise her as to this matter. Enclosed for your reference is information I obtained from the Planning staff. I hate to bother you with this, however, I am quite uncertain as to how I am to proceed. is i i , i H i f ' i � pC (� [ 0WR I APR 16 90 TOVI ATTORNEY TOVIN OF BARNSTABLE ' I i I K i o\'�F 1 W I rp` t, The Town of Barnstable 'A9l,1.H".NASI : Office of Town Manager OOp G 39 !� 367 Main Street, Hyannis, MA 02601 Office 508-790-6205 Warren J. Rutherford FAX 508-775-3344 Town Manager TO: Bob Schernig, Planning irector FROM: Warren J. Ruther or , Town Manager DATE: February 8, 1993 V RE: Subdivision 666, Hyannis Sand & Gravel I have recently received several complaints concerning activities at Hyannis Sand & Gravel. The Building Commissioner has indicated that the actions of the property owner are consistent with "the subdivision plan. Please advise whether or not the subdivision plan approved is being completed in accordance with the decision of the Barnstable Planning Board at your earliest convenience. err�P�Of THE To��a TOWN OF BARNSTABLE Z 11ARISTABLE, OFFICE OF TOWN COUNSEL y MAO@. �O 1639• 367 MAIN STREET ON #*I- HYANNIS, MASSACHUSETTS 02601 BRUCE P. GILMORE TEL. (617)-775- 1 120 ROBERT D. SMITH EXT. 128 NIGHT LINE July 24 , 1980 AFTER 4 P.M. (61 7)-775-7570 Mr. Harry J. Gerrior New Phinney l s Lane Barnstable,' Ma. 02630 Re: Hyannis Sand &Gravel Dear Mr. Gerror: Please be advised that the Board of Selectmen have caused the Building Inspector to make an inspection of the above premises for the purpose of determining compliance with the gravel removal permit in the above matter. He has reported to the Board of Selectmen that his inspection revealed no violations. If you become aware of any new developments in the .future , which might constitute violations , please advise Mr. Joseph DaLuz , , Building Inspector, accordingly. Very truly yours , e RDS :cg Robert D. Smi,th cc: Mr. Joseph. DaLuz , Building Inspector, Town of Barnstable cc: Board of Selectmen, Town of Barnstable . . ; The Town of Barnstable copy • sARtvsrAeLE. - KA%S& Office of Town Manager '�Fc ram" 367 Main Street,Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley, Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager August 18, 1997 Sam Lorusso Cape Cod Aggregates Box 96 Hyannis, MA 02601 Dear Mr. Lorusso: The Town of Barnstable has recently reviewed Chapter III,Article XIII of the Towns General Ordinances-- Removal of Soil, Sand and Gravel and Sand Pits as it affects all existing soil, sand and gravel removal operations within the Town of Barnstable.. As a land owner whose operation for the removal of soil, sand and gravel is governed by this ordinance,we note that your most recent permit was issued by the Board of Selectmen and required periodic review of compliance with its terms and conditions. In accordance with the terms of Chapter III, Article XIII,the Town of Barnstable has established the following procedures for the issuance and renewal of such permits, and requests that you immediately make application to the Town to initiate the permit process set forth below. You are advised that all landowners whose operations are governed by Chapter III,Article XIII are being similarly notified of the requirement for a permit and the application process involved. Town officials are interested and available to provide assistance to you as you proceed through the application process. The process is as follows: 1. Informal meeting with appropriate town officials to discuss the application process so that you may have a full understanding of the procedures. 2. Completion of the Site Plan Review application submitted to the Town Manager,who will refer it to town staff for their review and recommendations through the Site Plan Review process. 3. Town staff forward recommendations to the Town Manager for his consideration in issuing the permit. 4. Town Manager holds a public hearing as outlined in the General Ordinances. 5. Upon the close of the public hearing,the Town Manager issues a determination on the application. For your convenience,I have included a permit application,a copy of the administrative procedures for this permit,an application for site plan review, and a copy of the ordinance. Please call Mary Jacobs,Assistant Town Manager,at 790-6205 to schedule a meeting with her and other town officials to review the procedure for obtaining this necessary permit. I appreciate your compliance with this permit requirement. Sincerely, James D. Tinsley Town Manager 'J - : . The Town of Barnstable Office of Town Manager . ` 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley,CPA,Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable (Chapter III, Article XIM Date Applicant Name Applicant Address Corp.Name D.B.A. Address of Property To be Permitted Mailing Address Assessor's Map # Parcel # Zoning Property Owner Owner's Address Manager of Operations Manager Address Tel. # Reviewed by Site Plan: Building Commissioner Date Approved by Town Manager: Town Manager Date Expires Permit may be subject to conditions: ❑ see attached ❑ no conditions imposed sndptfrm Public Hearing Procedures for the Issuance of Permit to Remove Soil, Sand and Gravel,and Sand Pits Within the Town of Barnstable 1. Authority to Issue Permit Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article X M, Removal of Soil, Sand and Gravel and Sand Pits. 2. Official Authorized to Issue Permit Town Manager. 3. Public Hearing Application Procedures The Town Manager shall utilize the Town's Site Plan Review process in order to obtain appropriate staff input for the issuance of this permit. a) Site Plan Review: File application with Building Division. b) Upon completion of Site Plan Review, Building Commissioner will forward all recommendations to Town Manager for review. Town Manager will schedule a Public Hearing within a reasonable time. If review/approval by the Zoning Board of Appeals or Cape Cod Commission is required, such referral will be made at this time and further proceedings under this process will be suspended until action is taken. 4. Notice to All Interested Parties a) Advertise in newspaper. Ad placed by Town Manager not less than two(2)weeks before hearing. Ad paid by applicant. b) Notice sent by the applicant to property owners within 300 feet(as given in the Town of Barnstable Assessor's Book)by certified mail, return receipt requested(green card). The green card is presented to the Town Manager at hearing, along with a copy of the hearing notice provided. 5. Town Manager will conduct the hearing by: a) • Reading legal notice • Hear applicant's presentation • Hear Town officials • Hear abutters • Hear boards,citizens,community organizations, and others Note: Town Manager may impose a time limit on presentations by abutters, citizens, and community organizations. b) The Town Manager shall, after hearing all testimony relevant to the application,make a determination to close the hearing,continue the hearing, or keep the record open for a specified period of time for the introduction of additional testimony. 6. Issuance Determination on Application for a Permit a) Following the hearing,the Town Manager shall issue a determination on the application within a reasonable period of time. b) The determination of the Town Manager shall be sent to the applicant in writing. c) The determination of the Town Manager shall also be filed in the office of the Town Clerk. d) Town Manager may impose conditions on the permit. 7. Permit Length The permit shall be valid for one (1) year from date of issuance, and shall be renewable. 8. Fees Permit Application Fee $50.00 9. Bond At the time the permit is approved,the posting of a bond shall be required in the amount that shall be sufficient to cover the closure plan as approved by the Town Manager. ARTICLE XIII. REMOVAL OF BOIL,SAND AND GRAVEL AND SAND PITS Section I.. No top soil,sub soil, gravel, sand or other earth may be removed from the Town of Barnstable without first having obtained a permit from the Town Manager. A permit,with conditions imposed where necessary, may be issued for the removal of top soil, sub soil, gravel, sand, and other earth if the Town Manager, after a public hearing, shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Town Manager, notice of said hearing being given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing, the expense of publication to be bome by the petitioner. After such a hearing the Town Manager shall render a decision in writing stating the decision and the reasons therefor and file the decision with the Town Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless the person removing such top soil or sub soil shall replant the entire area of such removal with rye, vetch, wheat, legumes or other soil improving plants, or plant with a permanent cover crop or reforest the area. Section 3. No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if 4 is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a public hearing has been held as set forth in Section 1. The owner or owners of all sand and gravel pits shall bum or cart to the town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion. Amended March 6, 1965. Approved March 25, 1965. Rescission of old text. Adoption of new text. Section 4. The foregoing ordinances shall not apply to land in public use nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultivating the ground, nor for construction of buildings and the making of public or private improvements. Section 5. Any person violating the provisions of this ordinance shall be punished by a fine not to exceed fifty ($50.00)dollars for the first offense, one hundred ($100.00)dollars for the second offense and two hundred ($200.00) for each subsequent offense. Adopted May 21, 1951. Approved July 5, 1951. Amended May 18, 1976. Approved September 13, 1976. Fine amount changed. ► ► The Town of Barnstable COPY ► BABNSfAB14 • NAM 3A � Office of Town Manager t6 QED 39. 367 Main Street,Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley, Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager August 18, 1997 President EAC Disposal,Inc. (Cape Resources) 79 North Pearl Street Albany,NY 12201 To Whom it May Concern: The Town of Barnstable has recently reviewed Chapter III,Article XIII of the Town's General Ordinances--Removal of Soil, Sand and Gravel and Sand Pits as it affects all existing soil, sand and gravel removal operations within the Town of Barnstable. As a land owner whose operation on Old Falmouth Rcad, Marstons Mills,MA for the removal of soil, sand and gravel is governed by this ordinance,we have found that you are not permitted as required. In accordance with the terms of Chapter 111, Article XIII,the Town of Barnstable has established the following procedures for the issuance of such permits,and requests that you immediately make application to:the Town to initiate the permit process set forth below. You are advised that all landowners whose operations are governed by Chapter III,Article XIII are being similarly notified of the requirement for a permit and the application process involved. Town officials are interested and availzble to provide assistance to you as you proceed through the application process. The process is as follows: 1. Informal meeting with appropriate town officials to discuss the application process so that you may have a full understanding of the procedures. 2. Completion of tie Site Plan Review application submitted to the Town Manager,who will refer it to town staff for their review and recommendations through the Site Plan Review process. 3. Town staff forward recommendations to the Town Manager for his consideration in issuing the permit. 4. Town Manager holds a public hearing as outlined in the General Ordinances. 5. Upon the close of the public hearing,the Town Manager issues a determination on the application. For your convenience, I have included a permit application, a copy of the administrative procedures for this permit,an application for site plan review, and a copy of the ordinance. Please call Mary Jacobs,Assistant Town Manager, at 790-6205 to schedule a meeting with her and other town officials to review the procedure for obtaining this necessary permit. I appreciate your compliance with this permit requirement. incerely, James D. Tinsley Town Manager . . The Town of Barnstable KAM Office of Town Manager 367 Main Street,Hyannis MA 02601 Office: 508-790-6205 James D.Tinsley,CPA,Town Manager Fax: 508-790-6226 Mary Jacobs,Assistant Town Manager Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable (Chapter III, Article XIII) Date Applicant Name Applicant Address Corp. Name D.B.A. Address of Property To be Permitted Mailing Address Assessor's Map # Parcel # Zoning Property Owner Owner's Address Manager of Operations Manager Address Tel. # Reviewed by Site Plan: Building Commissioner Date Approved by Town Manager: Town Manager Date Expires Permit may be subject to conditions: ❑ see attached ❑ no conditions imposed sndptfrm Public Hearing Procedures for the Issuance of Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable 1. Authority to Issue Permit Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article XIII, Removal of Soil, Sand and Gravel and Sand Pits. 2. Official Authorized to Issue Permit Town Manager. 3. Public Hearing Application Procedures The Town Manager shall utilize the Town's Site Plan Review process in order to obtain appropriate staff input for the issuance of this permit. a) Site Plan Review: File application with Building Division. b) Upon completion of Site Plan Review, Building Commissioner will forward all recommendations to Town Manager for review. Town Manager will schedule a Public Hearing within a reasonable time. If review/approval by the Zoning Board of Appeals or Cape Cod Commission is required, such referral will be made at this time and further proceedings under this process will be suspended until action is taken. 4. Notice to All Interested Parties a) Advertise in newspaper. Ad placed by Town Manager not less than two (2) weeks before hearing. Ad paid by applicant. b) Notice sent by the applicant to property owners within 300 feet(as given in the Town of Barnstable Assessor's Book)by certified mail, return receipt requested (green card). The green card is presented to the Town Manager at hearing, along with a copy of the hearing notice provided. 5. Town Manager will conduct the hearing by: a) • Reading legal notice • Hear applicant's presentation • Hear Town officials • Hear abutters • Hear boards, citizens,community organizations, and others Note: Town Manager may impose a time limit on presentations by abutters, citizens, and community organizations. b) The Town Manager shall, after hearing all testimony relevant to the application, make a determination to close the hearing, continue the hearing, or keep the record open for a specified period of time for the introduction of additional testimony. 6. Issuance Determination on Application for a Permit a) Following the hearing,the Town Manager shall issue a determination on the application within a reasonable period of time. b) The determination of the Town Manager shall be sent to the applicant in writing. c) The determination of the Town Manager shall also be filed in the office of the Town Clerk. d) Town Manager may impose conditions on the permit. 7. Permit Length The permit shall be valid for one (1)year from date of issuance, and shall be renewable. 8. Fees Permit Application Fee $50.00 9. Bond At the time the permit is approved, the posting of a bond shall be required in the amount that shall be sufficient to cover the closure plan as approved by the Town Manager. ARTICLE XIII. REMOVAL OF SOIL,SAND AND GRAVEL AND SAND PITS Section 1.. No top soil, sub soil,gravel, sand or other earth may be removed from the Town of Barnstable without first having obtained a permit from the Town Manager. A permit, with conditions imposed where necessary, may be issued for the removal of top soil, sub soil, gravel, sand, and other earth if the Town Manager, after a public hearing, shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Town Manager, notice of said hearing being given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing, the expense of publication to be bome by the petitioner. After such a hearing the Town Manager shall render a decision in writing stating the decision and the reasons therefor and file the decision with the Town Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless the person removing such top soil or sub soil shall replant the entire area of such removal with rye, vetch, wheat, legumes or other soil improving plants, or plant with a permanent cover crop or reforest the area. Section 3. No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if it is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a public hearing has been held as set forth in Section 1. The owner or owners of all sand and gravel pits shall bum or cart to the town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion. Amended March 6, 1965. Approved March 25, 1965, Rescission of old text. Adoption of new text. Section 4. The foregoing ordinances shall not apply to land in public use nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultivating the ground, nor for construction of buildings and the making of public or private improvements. Section 5. Any person violating the provisions of this ordinance shall be punished by a fine not to exceed fifty ($50.00)dollars for the first offense, one hundred ($100.00) dollars for the second offense and two hundred ($200.00) for each subsequent offense. Adopted May 21, 1951. Approved July 5, 1951. Amended May 18, 1976. Approved September 13, 1976. Fine amount changed. (400. Edwin J. Pros Sr. & Son Inc. Edwin J. Nina, Sr. t a ,.; • Davit! C. Fria P.O. Box 221 Ma rstons Mills 02648 Tel. 428-2062 April 13, 1984 To Esrho It May Concern: I Edwinn, J. Pit!a Sr. would like to attest to the fact that, in 1928, I was. em.ployedw by Mr. Manuel Moi z. Du:'i ng that year his company , 'hauled wand loam and gravel and sand from a four acre parcel of 1Fne, on :Old Falmouth Rd., in Marston Mills , Mass. The land was ^wT�2x by the Oyster Harbor Corporation. During that year we :.aided in all the stumps and logs clear from Oyster Harbors and dumped them on the property at Old. Falmouth Rd., in Marston Kills . Again inthe year 19U', after the hurricane, all. the debri was clamp-d at the same four acres of property. d� �'.`- e best: of fiT knowledge, this property has been continuously used since 1928 for the purpose of a stump and brush dump and sand and .gravel pit. Sincerely, EdwinlQd'. F'ina Sr. k;JP:Icp _ F *` j cc ... `.. ,•AM S SHIELDS, JR. CONTRACTOR ®STERVILLE, MASS. 7. � {�j '�s���S�-"!s�.�''��t`-� ,�F�Ji.Jta �„ �,fl ©�/ c'=Z-�vC/��.�a'S'% � G.,,� ��� ,�O�t.����1....,..-• rr. f�/L y��F �•/ ' ar v ''.S / J9 C' ol /0'Y �� mil' i•'f�� ✓ �� 1 Jam,:: ,*THE Tp�` TOWN OF BARNSTABLE BAxa9TABLE, _ OFFICE OF TOWN COUNSEL i639• �{� 367 MAIN STREET EOYAV�' HYANNIS, MASSACHUSETTS 02601 BRUCE P. GILMORE TEL. (617)-775- 1 120 ROBERT D. SMITH EXT. 128 NIGHT LINE AFTER 4 P.M. July 24 , 1980 (61 7)-775-7570 Mr. Harry J. Gerrior New Phinney's. Lane Barnstable, Ma. 026301 Re: Hyannis Sand & Gravel Dear Mr. Gerror; Please be, .advi.sed that the. Board of Selectmen have caused the Building Inspector to' make an inspection of the above premises for the purpose of determining compliance with 'the 'gravel removal permit in the above matter. . He has reported to the Board of Selectmen that his inspection revealed no violations. If you become aware of any new developments in the .future , which might constitute violations , please advise 'Mr. aoseph DaLuz, Building Inspector, accordingly: Very truly, yours 6WOO • RDS :cg Robert D. Smith cc: Mr. Joseph. DaLuz,. Building Inspector, Town of Barnstable cc: Board of Selectmen, Town of Barnstable I i TBE T��♦ TOWN OF BARNSTABLE BARISTABLE, = OFFICE OF TOWN COUNSEL i639• 367 MAIN STREET HYANNIS, MASSACHUSETTS 02601 BRUCE P. GILMORE ROBERT D. SMITH TEL. t61 71-775- 1 120 EXT. 128 NIGHT LINE July 24 , 1980 AFTER 4 P.M. 4617).775-7570 Mr. Harry- J. Gerrior' New Phinney's. Lane Barnstable, Ma. 02630 Re: Hyannis Sand & Gravel Dear Mr. Gerrior; Please be advised that the. Board of Sel•e:ctimen have caused the Building Inspector to imake 'an inspection of: th-e ab.dve premises for the purpose of determining compliance with the gravel removal permit in the above matter. .. He has reported to the 'Board of Selectmen that his inspection revealed no violations. If you become aware 'of any new developments in the •.future,' which might constitute violations, please advise Mr. aoseph 'DaLuz, Building Inspector, accordingly. Very truly yours; RDS :cg Robert D. Smith cc: Mr. Joseph. DaLuz, Building Inspector, Town of Barnstable cc: Board of Selectmen, Town of Barnstable THE y�Op rGsc&,. � J/�L^ 72�jX IAV, TFU MPY h\ 0?601 PAUL C. BROWN, CHAIRMAN WILLIAM H. ESHBAUGH MARY K. MONTAGNA January 1 , 1976 PERMIT At a meeting of the Board of Selectmen, it was voted to grant to William Thew of Route 149, Marstons Mills, Massachusetts a permit to dig and remove loam, fill , sand and gravel from the parcel of land owned by him and located on Old Falmouth Road, Marstons Mills, Massachusetts as shown on a plan entitled, "Sketch of land in Marstons Mills, Mass. for Manuel H. Moniz, et ux, scale 1 "=100' , date August 29, 1972, Charles N. Savery, Inc. , Registered Civil Engineers and Land Surveyors. This permission is granted in accordance with Article XIII of the Town By-Laws and carries the following restrictions: 1 . There shall be no removal of trees, top-soil , sub-soil , or sand within fifty (50) feet of the property lines on the crest, north and east. 2. There shall be no removal of trees, top-soil or sand from within 100 feet of a public way called Old Falmouth Road except the area now cleared and shown on the above mentioned plan as an entrance and an exit. 3. After this area has served its usefulness, it is a condition that William Thew or any successor shall regrade and plant the area with rye, vetch, wheat, legumes or other soil improving plants,or plant with permanent cover crop or reforest the area. It is further stated that this permission is granted for the above mentioned pur- poses and will expire on December 31 , 1976 and therefter permission must be re- applied for. Boar of Selectmen Towli of Barnstable I BArNSTAM 0 FLAY p. ' �tvn�:rt� .itriav6. O.d60> MARTIN E. HOXIE,'CHAIRMAN PAUL C. BROWN WILLIAM H. ESHBAUGH January 10, 1975 PERMIT At a meeting of the Board of Selectmen, it was voted to grant to william Thew of Route 149, Marstons Mills, Massachusetts a permit to dig and remove loan, fill , sand and gravel from the parcel of land owned by him and located on Old Falmouth Rd. , Marstons Mills, Massachusetts as shown on a plan entitled, "Sketch of land in Marstons Mills, Mass. for Manuel H. Moniz, et ux,. scale 1"=100' , date August 29, 1972, Charles N. Savery, Inc. , Registered Civil Engineers and Land Surveyors. This permission is granted in accordance with Article XIII of the Town By-Laws and carries the following restrictions: 1 . There shall be no removal of trees, top-soil , sub-soil , or sand4k�, . within fifty (50) feet of the property lines on the west, north and east. 2. There shall be no removal of trees, top-soil , sub-soil or sand 4' from within 100 feet of a public way called Old Falmouth Road except the area now cleared and shown on the above mentioned plan as an entrance and an exit. 3. After this area has served its usefulness, it is a condition that William Thew or any successor shall regrade and plant the area with rye, vetch, wheat, legumes or other soil im- proving plants, or plant with permanent cover crop or reforest the area. It is further stated that this permission is granted for the above mentioned pur- poses and will expire on December 31 , 1975 and thereafter permission must be re- applied for. Board of Selectmen �' f Town of Barnstable rY, Tn. SPRIHO 5-1787 DAN I EL J. FERN ATTORNEY AT LAW 430 MAIN STREET HYANNIS, MASS. November 16, 1959 Mr.Harry J.Gerrior, New Phinney' s Lane, Barnstable, Mass. Dear Mr.Gerrior: I suppose .you have noticed in the most recent issue of Barnstable Patriot that there will be a ,petition requesting a special Town Meeting to rezone your area into an industrial district. As a member of the Planning Board, Philip Jones is instrumental in trying to have this put across, so that his brother' s plant will be validated. I believe this is a rather odd thing to do for several reasons. In the first place I believe Philip Jones is so closely interested that he should have disqualified himself from sitting on the Planning Board where it affect his brother' s business and where he has been attorney for the case itself. Second, I feel it is unfair to try to sneak such legislation through at a special town meeting when the annual meeting is not so very far away. Finally, our town has .previously indicated that an indus- trial district is not wanted and the Planning Board has seen to it that industries were excluded from this town. I therefore suggest that you keep in very close touch with these little affairs in order that your interests may be fully and adequately protected. Very truly your djf/rm Daniel J.Fe t, December 30, 19;2 At a meeting of the Board of Selectmen held on this date, all memoers being present and voting, it was unanimously voted to grant permission, in accordance with Chapter III, Article XIII of the By-Laws of the Town of Barnstable to tiYILLIC! A. JONES, INC. of Barnstable, Mass. to remove sand, gravel m and wood-loam from the land of Allan F. Jones lying on the westerly side of C.. old Hyannis-Barnstable Road about 1000 feet south of ItKidds Hill', so-called, as shown on a plan on file in the Selectmen 's Office, lVannis entitled nPLUN OF WOODLAPdD TIT as surveyed for Allan F. Jones, November 25, 1952. This action was taken after a public hearing held on December 29, 1952. Recorded by 4- 4aj"t_"A:4�9UA3 C erk of Selectmen a 1 ' j i i, i PAGE 8 Zbe 38drn5table Patriot _ MAY 15, 1997 _ _ _ _ — �J I _ '�C B E R ► P` R 'T H l M !E S C .A►. P E I � I � E 11.11, _---------------- - ---- --- - —-„r= .L r— — �__ W— A LETTER FROM ROY G. BIV ..... ............P. 5 at ravelpit* • . Home decorataGrowingE LINES .......................................... .��1 BHS girls tennis, rig DRIVE P. 9 � 3 1. q . I-L s �.. 3 .. , Littl - L u , , nd e ea a , ti s or the :,.: as �:• ;, - EDITOR�AL,......z.... .....P:4 VILLAGE BRIEFS....,....P. t4 from page 1 lot of heatbum. "I've done a lot of research on this and l e Continued P g ,_. x „ ' : ,1r,,; I „ ,,. „ a p f information is there McDonough1. y BM5 HONOR ROLL.....P:'7 RELIGIOUS SERVICES.p t5 In 1986 87, Keyes acquired about the g :� .� ;�. . : much more.... ffi ;..-:.� ( Sensor Set... i permit. 60 acres of land in the south west said. ;-" ` SPORTSRIDES............P. lU REVIEW..... P. 15, gravel pit p .. { N.. ...' --- ------ - -- - ---- - EVENTS. .. .. . 4 BUSINESS BRIEFS.... . h town is corner of Brewster known as Belmont "There's laws on the books,but no I _ � E EN s.......... . ... P t Bu N ss I . R 16 As a result of that case,the , SEE PAGES 10- 11 one is enforcingthem McDonough i ;_ SEE PAGES 13- 1 PATRIOT PUZZLE........P. 14 OBITS..:.::... . ..:... .,..P, 16 in the process of drafting procedures Park. The park had been divided in g '. � .,.,,� - � .. --�.. >.� -..ram ,n. .. ..: ..... ... .. .., , - rn ....., .. 1. .w...,.. .... 6.. - - ,..said. _ s 2 00 sq uare- s ,. T , 1914 into hundreds , for the ordinance already o n the books. q .. x..,. .<: ;;:. ;<�: �. .; �.,..,.,v "",.:r - - ,. Accordingto Assistant Town Man- foot lots as part of a promotional One of his main problems is figur- �... . �� ager Mary Jacobs,the draft document scheme by a Boston haberdasher(buy ing out who to bring action against. is currently under review by the legal a suit,buy a piece of Cape Cod).With :, p �� department. Keyes has said that he deeds to these minuscule lots flung far The tortured history x= " ' dip Y ;, w �, . : would comply with the regulations and wide, the suit owners had long It's a complex case rooted in the ,I . 11, 1, 11� "'W when written. forgotten about such real estate obli- disintegration of one family over _ ' ' ' The draft procedures,which should gations as taxes and the like,leaving a money and land-ownership interests '° ,` " ' �' 4 '"` ' be ready for public presentation within rich area for the taking for anyone but the morass goes beyond the con- ' " the next month, focus on such things willing to settle up with the town,which fines of such internal disputes. �E F w. a as remedial activities. is precisely what Keyes did. Barnstable Superior Court Judge "' .� Town Attorney Robert Smith said According to DiGregorio, in early Elizabeth Dolan noted in a decision `" " "� � •.. , .� " - that there is no randfatherin rovi- 1988 Keyes started clearing the land summary, Absent the tortured his- �" g g P y g D' w" '. ,- ' m. L. Sion for general ordinances or admin- using large timber skidders without tory of this case,normal implements - _ &, �� . 166th Year No. 45 Barnstable • Centerville Coti it Hyannis + INDEPENDENT & LOCALL'! OWNED SINCE I g3� + Marstons Mills Osterville West Barnstable May 15, 1997 75 Cents istrativeprocedures adopted by the any kind of regulatory review. lion would take the form of simple µ ` _ "� m' _' " — - w ;;� U town,which means gravel pits permit- DiGregorio located one small area of declarative orders by the court." But I _ % �- ted under new regulations would be wetland on the entire parcel, which few things in this case are simple. k"�L ..' u a 1 � ` - "�' ,. immediately subject to all aspects of was used to put a stop to the immedi- The battle over rights and profits "� I .W Council, schools to cuts the law.At the same time,he said it is ate clearing.The land,part of which is and shares in the gravel pit property, 1. '" not reasonable to expect that the land now the Belmont Park affordable 11 situated on the Marstons Mills/Mash- .u ;,, �, kJrOO OOO identified, waitln till last minute with hope O more aid Pg P f would be returned to what it was be- ing project,was eventually purchased pee line, would have remained a pri- N''; I'll ;. �y 1 'LL I __ tuted into the current budget. tial school budget deadline. While fore the gravel pit operation.The regu- by the town through eminent domain, vale affair had it not been for the way ;; By Chris Price g lations talk about reve etatin and sta- with the proceeds going to Keyes. in which Christopher Keyes,president DAVID STILL II PHOTO The other$85,000 is a combination Town Council President Richard Clark g g bilizin ,not restoration. In a Jan. 15, 1988 Cape Codder of Gifford Bros. Sand and Gravel, ALTERED VIEWS-This three-strand barbed wire fence delineates the boundaries between the Darstons Mills gravel Barnstable Town Council's sub- of things. Eight teachers are sched- has indicated that they would like to g a agent Jack Gillis article, officials from the towns of elected to run his operation. Starting r Keyes and the residential neighborhood that abuts it. committee on schools was scheduled tiled to retire this year, and their re- Townwait until the last possible minute licensing g P pit operated by Christopher ey gh ,• 1. said that within the current ordinance, Brewster,Dennis and Harwich specu- two years ago,the excavation of sand "M to meet this Thursday afternoon to placements will be paid accordingly. before making many final decisions the town manager would have the abil- lated on two possible motives for went from a casual,family business to discuss approximately $500,000 in In addition,one maintenance man will (to see how much more state money g " , Keyes'action:profit or vengeance for a full-blown mining operation under non-payment,the Giffords attempted At the same time, Keyes,using the The dispute between Bortolotti and cuts from the 1997-98 school budget. be resigning. Dever, who said that becomes available for schools),teach- ity to impose restrictions of his own y p g g p an earlier planning board denial for the direction of Keyes. The extent of to remove Keyes, who remained on power of attorney granted to him by Keyes centers on the amount of ma- According to the Superintendent's they were"conservative"in their es- ers must be notified by June 1 of their for the operation of gravel pits. Ac p g y land use. the sand removal more than 100,000 the property. After the death of the Priscilla Gifford,wants an accounting terial Bortolotti was removing.While ,, recently released quarterly report,ap- timates,believes that the sessions will school's plans for next year. With cording to Gillis,the town has identi • will The vengeance theory is again be- tons worried neighbors and raised elder William Gifford, Keyes' in- of any of the profits off the property Patricia Gifford was content to take proximately$285,000 in cuts have al- be productive. Senator Henri Rauschenbach indicat- fiedfourworkingpitsintownand i g ry g g volvement in the land grew. He had since 1967. Bortolotti's accounting on the tt` ready been identified.Superintendent "We've brainstormed a bunch of be calling the owners of each in for ing bandied about by those abutting questions within town hall over the g g �11, I" ea y p ing that the final state budget will not Gifford Bros. property. rt struck a friendship with William P. According to Judge Dolan's sum- amount,Keyes wanted weigh-in slips, �� of Schools Dr.Russell Dever says ap- things already,"he said."We'll make be completed until mid-June, both review when the procedures are in the G p p y use of the prope y Ownership of the land is the crux of Gifford, who was living with his mary,"The taking of soil by any of the eventually enjoining Bortolotti in a 1, proximately $200,000 will come in the counselors aware of what we've sides are working with a diminishing place. P t•- „ Frustrated Neighbors and the crux of the legal mother at the time. William Jr. was tenants in common triggers in a duty restraining order with the Giffords 3• 1. the"pre-purchase of math textbooks already done,and we'll bring in some timetable which leaves many school While Keyes has reportedly ap- the problem g handed the reins of the family sal- to account to the remaining tenants in from interfering with the operation for grades five through nine-books other thins [on Thursday]. That coached owners of adjoining parcels It was the intensification of the pit argument for the Gifford family,who e Y g g P I g g g Y administrators in the middle. P J g P va a and and ravel it business, common for profits derived from a of the it. t' k` that were originallyscheduled to be $285,000 is art of the$500,000 that « t '+i ,• g Y g P P P ,l{, P To count on any more money from about possible purchases, he cannot activities, which brought the opera- live on Wakeby Road directly adjoin- ��' expand the gravel pit use beyond the lion right to the backyards of the abut- ing the gravel pit. which his mother claims he floun- source of common ownership. In the It was this income that Patricia q�4 purchased this year will be done next we will talk about." the state would not be a good thing," help a the back ^ ear.Dever indicated that if mone is In the meantime the clock contin- existinproperty. The non-conform- tin neighborhood,that starting draw- U until the death of William dered at, putting the family in debt same respect,expenses must be shared Gifford used to e p pay � Y Y g g g g P for non-payment of bills and poor m a similar manner." taxes. She is now in default for not made available, this will be remsti- ues to tick when it comes to a poten- Continued on page 2 ing status applies only to the lot in ing complaints from residents. Gifford, Sr. there were three ownersP administration of the business. Dolan ordered both sides to produce only the gravel pit property,but also question and expansion beyond those Neighbors who have complained to of the property, William, his brother s ��. ". boundaries is prohibited. Keyes de- the town, and to Keyes himself, be- Maynard and his sister Priscilla, al- Keyes' friendship with William the relevant accounting records, but her home. .11 11 ' • properties for it actions have prompted though there is some dispute on the eventually led to the formation of neither side has done so. It gets even more complex. Au- Downtowns BID for self-reliance tries looking into other prop lieve that the p p g P I I' ' LL - . Gifford Bros. Sand and Gravel, with Patricia Gifford views this as a block- thenticity of the signatures on the 1967 ,� . ;� :. .." L "I" , L . L L L ' . .�, � , L , L L purchase. reprisals from the gravel pit operators. last. ` Christopher Keyes appointed rest- in tactic b Keyes to delay distribu- deed that assigns a one-third interest �2 I �- - � , 444 �° , art of the bi-annual tax billing, is sessment and rants could also be used Keyes was also successful in stop- When James McDonough raised During William Gifford, Sr.'s life- P Y PP P g Y Y Y g . ( B David Still II P g g Y P g dent and William Gifford vice rest- don of the more recent proceeds from in the land to Priscilla Gifford have u Y then used specifically for improve- in leveraging additional funds. in court action b the Giffords to questions with the town about the ex- time, the property was used as a sal- P P � t " 1 P Y P g g ping Y q the Route 44 Sand and Gravel con- also been brought into question. At I � a In a continued effort to find ways s to merits within thee district's boundaries. The s endm guideline in the BID halt the work until the ownership ues- anion of the it,within the next few vage yard and gravel pit, one of the dent. g 9 �6; y spending g P q P P f the tract. the time there was an ongoing legal �, . keep the downtown's star rising,local Quickly definted the district includes literature went to f the trees near his property famil s rims sources of income. Keyes located,with the help o g g g lions were settled.Theparties weeks all o y primary { p g, Q y proposes$110,000 in physi- P P Y a a " ` s F•=> r in Regarding the back taxes the obit- proceeding that created ill-will and ,. officials n sin 1 are m k- all properties pith Main Street front- - hi The issues that cloud an clear path Younger Gifford,Priscilla Gifford b g p g F, , ` '-:1 and business ess people e a a e es w t ront cal improvements,$25,000 in su le court twice and both times it was the were cleared and stacked along s y P - ; r - P P P P P PP According to a deed on file ation to a falls with all of the own- an adversarial position within the fain- A m a bid to take full-reign of their age between thie East and West End mental services Giffords who were ordered not to in ro ert line."The nearest tree is 2,000 to resolution began after the death of Colorado.Acco g g pay P �,z „_ t g g g ices and $45,000 in ad- P P Y in 1991. His wife at the Barnstable Registry, she be- ers,which means the default of one is ily. "Why would we give her any- t collective future. rotaries.Excludied are non-profit enti- ministrative costs. terfere. feet away across the canyon, William Gifford came one-third owner of the 16 acre equivalent to the default of all.Patricia thin at this time when all that was 1 The move to create perhaps the first ties such as chuirches and government The important thin about h Since the contract with Route 44 McDonough said,referring to the bowl- Patricia Gifford, was advised by her q g t j P P g p g t the money g g parcel with her brother William Sr. Gifford had worked out a payment going on? Patricia Gifford asked in a a Sand and Gravel ended not much has shaped crater of the it. attorney at the time,Jim Stathopoulos, P P Y g g , business improvement district in the buildings. raised through the BID process is that P 1? and Maynard Gifford in 1967.Keyes schedule with the town,but has since recent interview. k state is a combined effort of the Hyan- The legislation that allows for BIDS it is sustainable,according to HAEDC gone out of the pit,but it has been far The move that neighbors view as not to apply to the Probate and Family Y Y bought her interest for $40,000. He fallen behind because her main source In separate affidavits on file in the 9 , nis Area Chamber of Commerce, the is specific as to)the town's continued Executive Director Ed Lambert. from quiet. Keyes has cleared new the realest slap was the installation Court for disposition of the estate.Al- g P q Y g also purchased rights from some of of income has been cut off. Barnstable Superior Court, both Hyannis Area Economic Development responsibility im maintaining the level The BID would be managed by one access roads along the perimeter, of athree-strand barbed wire fence though William Gifford left no will,it P w Statho oulos' opinion that there the estranged children of Patricia Keyes has denied access to Bortolotti Maynard and Patricia Gifford claim 1. Corp., the Hyannis Main Street Wa- of service withiin a BID district. The full-time person. Because BIDS have stripped and stockpiled much of the around the entire perimeter of the prop as p p not enough value in the estate to Gifford,who gained ownership rights Construction, which had an arrange- no recollection of the deed and deem terfront Association,the Town of Barn- programs initiatted under BID districts grown in popularity,there is an exist- remaining topsoil, and, according to erty.In a March interview,Keyes said was g make those proceedings worthwhile. after their father's death.Patricia and � merit with Patricia Gifford to buy sand. the signatures of William, Sr. and "i I stable and soon of the property owners are intended to lbe supplemental to the ing pool of professional managers, the town's zoning enforcement offic that the fence was requested by the ma p g to keep people Patricia Gifford took the advice,but Maynard Gifford question the legal- Bortolotti had been renting part of the Maynard to be forgeries. F �11 within the area. existing town services. actor-ling to Penn, ers,is hauling material from elsewhere town and was an attempt p p P it of these purchases since the estate property for equipment storage and Keyes did not want to comment on Main Street is a microcosm of Cape "If the town sweeps the road once a "We don't regulate anything,"Penn into the pit for future use. off the property. He said his concern has since regretted that decision. Y P R P P g had never been settled through Pro- was making small,but regular,use of an of the issues relating to the ono Cod, and BID committee chairman year now, it will continue to do so," stressed."We are a managing entity." Back taxes on the property amount was for liability purposes,as the slough- Probate action would have clarified g g g Y g g - 11 f the ownership interests in the bate and Family Court. Keyes now the sand,paying$1.20 per ton. ing suits. L. 11 l Richard Penn of Puritan Clothing Co. Penn explainedl. The BID proposal calls for an addi- tosome$17,600 with interest and pen- ing walls of the sand pit can be dan- a o P claims 48 percent ownership in the x lained, "We have a fantastic abil- If approved, BID money could be tional assessment of 3 mills, or three allies. At the end of March, Town of gerous,especially to curious children. land, assigning percentage shares of P P P PP Y land. ty here to take that and run with it." used for streetsscape designs, annual tenths of one percent over and above Barnstable Treasurer Waldo Fraser McDonough is increasingly frus- William Gifford's interest in the land. Lodge. . . He believes the Without the benefit of such court ac- In addition to the ownership rights, East Bay Business improvement districts, plantings, addeed security, promotion the regular tax rate.The assessment is started foreclosure proceedings for non crated at his situation. Keyes was also given power of attor- commonly known as BIDS, are self- and marketing for most anything else based on the town assessed value of payment. response from the town has been triad- lion, the estate is divided using state ne Y b Priscillag o recover one-third help areas created by property owners the board of diirectors determines as individual properties.There were other Taxes are outstanding for the years equate and the response from Keyes prescribed percentages for the imme- Y Y Continued from page 1 of relief would be made when the P P P P 1990-'96,which are the subject of the vindictive. diate heirs. of the proceeds derived from the use project was forwarded. Crocker con- i1. 11 to essentially target tax themselves. spending prioritties. ways of calculating the assessment, tax title action.There remains another "He was out there clearing on Eas- Adding to Patricia Gifford's frus- of the property since 1967. Priscilla that of a special permit.Ford's clients, firmed that such a filing would be The money derived from the added The estimatetd $180,000 a year the $2,600 for the current year's taxes. ter Sunday morning,"McDonough said tration over the probate decision, Gifford, according to Patricia and as opponents of the project,would like made when the project was ready. assessment, collected by the town as BID would gemerate through the as- Continued on page 3 with exasperation. Stathopoulos soon went to work for Maynard Gifford,as well as her own to see the more burdensome standards The appeal was continued to June 11 tt g planning g Y Y Y affidavit on file at the courthouse, g Y ^w :_ Deeper history Y McDonou h is lannin some le al Ke es.Shortl thereafter,Ke es started of a variance o forward before the 25 to allow time for the town attorney • • • Several towns have had similar regu- action of his own, although he does buying interests in the property. had nothing to do with the property zoning board. to give a decision on whether the in- East BayLodge OsltlOn begins olatory dealings with Keyes. not want to be specific at this point.He While William Gifford,Sr.was still dunng any part of that time. She did At a site plan review meeting,attor- fornation in the letter was something , 2. Mario DiGre orio, former cover- did indicate that the property's history alive, the family leased a portion of not participate in the management, trey John Alger,representing Crocker, the board could make findings and11 g nor did she assist in the payment of vation administrator for the town of is more interesting than the town,the the property to Christopher Keyes for P Y said that an application for both forms take action upon. While Ford cconsistently referred to the ZBA.That has yet to happen. Brewster,recalled Keyes"giving me a Giffords or Keyes makes it out to be. equipment storage. After a period of taxes. By David Still II the letter from(Crossen as a decision, According to James Crocker,who is . The zoning board of appeals got a the board was not inclined at this point proposing redevelopment of East Bay �' 111 glimmer of the opposition to the pro- to consider it as such.Because there is Lodge with Bayside Building Co.,the ".,^ 1 R •� I posed razing and redevelopment of no application Ibefore the board and plans are being changed.Asked about u S 7 -.`l ' the East Bay Lodge site in Osterville because no action has been made by the demolition possibilities, Crocker . ' last night. Crossen relative to the issuance of any said that several options are being con- New Engineered ROB SENNOTf PHOTO Attorney Michael Ford, represent- permit, zoning board members were sidered and that the razing of all build- CLEAN SWEEP-Students from Grade Five's Main Street Learning Program along with Baybridge Clubhouse and .ing area residents, argued for an ap- inclined to view,the information in the ings is not a foregone conclusion at 40x60x12 was$15,50o now$8,940 local merchants participated last Friday in Operation Clean Sweep,tackling Main Street in Hyannis.The brooms, peal of what he contends is a decision letter as an opinion. this time. He expects a new set of OUR HOME EQUITY LINE RATE IS 50x100x16 was$26,200 now$17,931 which the kids were aIli allowed to keep,were donated by Bradford's Hardware. by Building Commissioner Ralph A set of plans;to demolish all of the plans to be before site plan review in Crossen on the type of zoning relief existing buildings and construct 22 the next 60 to 90 days or so. He did NOW 6 was$62,500 now$39,972 • • the project will require. units of upscale condominiums on the mention that the originally proposed Manager finalists to be re1eased It was Ford's contention that the site was reviewed by the town's site 22 units will likely be reduced. letter from Crossen, prompted by a plan review committee earlier this year. The requirements for obtaining a 1 1-800-406-5126written request by Ford, was cause The project received site plan approval, variance are much more rigorous than point,the screening committee,which allow for the council to say how man which then allowed the developer to By David Still II Y Y for an appeal to protect the interests P consists of the personnel board and people have been interviewed. All of his clients. Because Crossen indi- file an application for zoning relief to' Continued on page 8 Candidates for Barnstable's new two town councilors, has conducted Clark would say is that he does not cated the he was"of the belief"that a town manager could be announced to- interviews of an unspecified number expected the list of finalists to be special permit was the only zoning -- — - - - morrow, according to Town Council of applicants and is set to make rec- long. relief needed for the project, Ford President Richard Clark. ommendations on who should be for- Acting Town Manager James Tins- suggested that his clients'rights could Clark said that the council is going warded to the next level. ley has made it known that he is will- be diminished when the project came Hvannis West to begin to meet tonight in executive session to Once the slate of finalists are for- ing to stay on in the capacity of town before the ZBA. Ford believes that a v NOTICESLEGAL review the candidates who were culled warded,the council will schedule pub- manager. He said he would accept an • P g P use variance is also needed to allow crime watch program- . Commonwealth of Massachusetts from the field of 110 applicants to see lie interviews as part of the next step. appointment of up to three years,which the project, as originally presented, i � Barnstable, SS. if any merit another look. Up to this The rifles of disclosure do not even would bring him to retirement age. to go forward. ______ _ The Trial Court B Chris Price mittee. The kickoff ceremony, Probate and Family Court Dept. • • Y ___ which included several school and a® Racket No.97P0447EP-7 Agrowing at M• Mills avelpit T •gw �L� problem � The 35-year old Hyannis West town officials, featured the stu- In the ESTATE OF Anne E.Goodale. Elementary School building has dents in a school grounds cleanup 0 ,VR To all persons interested in the estate of been beset by many troubles over as well as the presentation of Hy- purposes over the past fifteen years restraining order that prevents the town and Gravel for sand over the course of Anne E.Goodale late of Barnstable(Oster- By David Still II the years, but has experienced annis West Crime Watch bumper ville) in the Count of Barnstable. Date of without so much as a warning from the from interfering in the ongoing opera the contract.Gifford Bros.was one of Y something of a architectural re- stickers to members of the PAC ' Death January 14, 1996. The manner in which a Marstons town. "I'm a landscaper,"Keyes said tion,Crossen said,"We have not thor- three suppliers for the project. Under naissance in recent months. A leadership team. A petition has been presented in the above Mills gravel pit has been operated in Tuesday."I haul brush to the site from oughly reviewed the legal aspect of the operating name of Gifford Broth- faulty lighting system was recently Guy, saying that the "trouble captioned matter praying that the will may be the past two ears has led to court different jobs and take it away when an of those issues, but will address ers Sand and Gravel,Keyes began a - provedandallowedandthatPeterC.Goodale P Y y Y Y g g improved,and Principal Jerry Guy spots" for vandalism at the school proceedings, town involvement and there's enough of a load.It's just more those at a later time. gressively mining the sand in new ar- indicated that the planning for a are on weekends, is working with of Glouester in the County of Essex be p g appointed executor thereof without giving raised the frustration levels of the economical that way.' According to Health Director Tom eas of the property,greatly expanding new roof was recentlyroved, other neighborhood residents to surety of bond. g g neighborhood that surrounds the prop- Crossen said that in talking with McKean, the cease and desist order the pit area. and is scheduled to be approved, ensure the successof the program. `, If you desire to object to the allowance of erty. people who have hauled to the site he prevents the operation from expand- His right to do so was challenged by this summer- "We sent a letter out to all the (A0 w s t atfo n e eq o e n e s e.7 ?-) said petition you or your attorney must file a Last Friday,Building Commissioner determined that loam screening,mix- ing into other areas, such as the pro- the town,which claimed the operation The latest step appears to be a neighbors of the school askingthem written appearance in said court at Bam- Ralph Crossen issued a cease and de- in and stockpiling for future sale has cessin of materials into loam. Keyes lacked the proper permits to operate stable on or before t 0:00 a.m.on May 27, P g P g g Y P P P P neighborhood crime watch program to keep an eye on the property," 1997. list order for the "new commercial gone on at the site.He also said that in had approached the town about the and raised questions about the opera- that Guv hopes will cut down on Guy said."We'll also need parents In addition you must file a written affidavit of use"of the property.Crossen believes a site visit last month, he toured the possibility of such activity,but he said tion under the area's zoning,which is the recent wave of vandalism that of students to register as crime' As a community bank,we want to keep our customers happy.After all, �]�� Ce`]�T ��T 0 objections to the petition,stating the specific that transporting matelrial into the site site with Keyes and videotaped the he has not done anything along those strictly residential. beset'lie school, watchers if we are to be success � Homeowner's Ready CreditPLYM0UM►�[ ,V i1�GS BL ]L�K facts and grounds upon which the objection is a new use for the property and does entire property."We have seen all the lines. Keyes succeeded in proving the ".Last summer and fall we had ful." you're our friends and neighbors. So now,we're offering a special 6.99% is based,within(30)days afterthe return day not conform to the area"s zoning,which uses on the site and can clean see an ravel it was a use that re-dated (or such other time as the court,on motion Y Y Some history g P P quite a bit of vandalism done to our In addition, the have worked Na Fees. fixed rate" for one year on our Homeowner's Ready Credit equity line. roBig Bank Products, S m a 11 Bank Caring. is strictly residential. The ravel it new uses,"Crossen said. Y zoning and also succeeded in prevent- Y m remodelin or 'Homeowner's Ready Credit has ofxedAPRof6.99%forthefimyear.Onthel-ear anniversary date,the APR with notice to the petitioner, may allow)in y g p g P school,from graffiti broken Our with the Barnstable police depart- ing �,}� If you need money for your children's education,home g y operation is allowed because it pre- The cease and desist has no bearing The pit operation intensified in the ing the town from interfering with his doves,' .said Principal Guy. "Our went in trying to make No •✓1QSln �©J W, y becomes a variable rate equal to the Prime Rare,as published in the Wall Street Journal,plus to/.(As of March]0, accordance with Probate Rule 16. g Witness,Robert E.Terry,Esquire,First Jus- dates zoning and is a grandfathered, on the continued operation of the sand fall of 1995 when Keyes secured a operation, enjoining it as part of an parent group,decided to become rounds more police-friendly. e their school L� any major purchase,you have the security of knowing that you can have 1997,the Prime Rare was 8.25%,which would result in a 925%APR.)This equity line of credit is available for owner- occupied,one-to two-family houses.There is a S50 maintenance fee unless payments are automatically deducted from a tiee of said Court. non-conforminguse,as is the salvage removal operation. The town is aetu- contract with Route 44 Sand and Gravel ongoing suit. The town, although it g P e friendly. access to credit when you need it.With no fees and no closing costs.To find out more about Plymouth Savings Deposit Account AU other fees are waived Offer applies to new lines only.Races subim to change.A g P g g g active in trying o solve the funds to "Part of what we've done playground try prepayment penalty apples sthe loan is closed within two years. Date: May 1, 1997 yard operation. ally enjoined as part of an ongoing as a supplier of sand for a large project. had adopted a by-law in the 1950s,and lem, and they solicited funds. to to reconstruct the la round so Homeowners Ready Credit,call us at 1-800-4ANSWER(1-800-426-7937). One of your Plymouth Christopher Keyes, resident of lawsuit from interfering with the ravel Route 44 was the low bidder for sand updated in the 70s, had never en- p Yg Member FDICtDIF Equal Housing Lender Frederic P.Clausen P Y P g g help fix the.broken windows." that police now have a 'drive- Savings Bank friends and neighbors will be very happy to help you. q g Q Register of Probate Gifford Bros. Sand and Gravel which pit. on the town's multi-million landfill forced it.In fact,the town has no regu- This week, the Crime Watch through' area where the can eas- is operating the ravel it,denies that Crossen is also not convinced of the capping project. lations under which it could issue a Y P g g P PP g P j project was launched by the fly monitor what is going on,"Guy —_ 1 Cotuit _7almouth Mashpee Sandwieh -7eaticlet — The Barnstable Patriot there is any new use at the pit.He said overall zoning status of the site.With According to town records, some school's Parent Activities Com- said. May 15, 1997 that he has used the site for similar regard to the issues contained in the $272,000 was paid to Route 44 Sand Continued on page 8 1 PAGE 2 Zbe j6arn5tabte Vatriot MAY 15, 1997 MAY 15, 1997 rttgtae � PAGE 7 - ,,v .. ..,, ,r=£ .....:<: ..•..; :-:: ': .. .•COMM NOTES .. .: •:; .;'f ,n.... �'�-.Y;^Y.�o' rY'. ! x N � 3�; �v4 s .. �H Grade Six High Honor Roll:Audra McFarlane, Sean Murphy, Rebecca Arthur Maddalena, Megan Maguire, Farnezi,Albertson Ferreira,Scott Field, w Snell Tops COMM spenders $266 dollars, all of his own funds. speaker phone,but was denied. called for a minimum size of three by Callo, Vanessa Clark, Katherine Norton, Jillian Pacheco, Nicole Cailyn McDermott, Michele Bradley Framson,Patrick Friel,Lauren Continued from page 14 Coonamessett Inn,Falmouth,at 11:30 The first financial reports are in for His money went into signs and some five inches. Driscoll, Kaitlyn Dunn, Matthew Pacheco, Elise Parker, Amanda McKinnon, Jane Medeiros, Kell Glaser, Tyler Gold, Carrie Golden, a.m. Cost is $15 per person. Lillian literature. Libel Suit Filed According to DEP spokesperson Eames,William Erhard,Am Ferrari, Pearson, Amanda Pires, George Messias Erica Murphy,Jessica Norris Diana Golden, Mark Griffin, will be held The Courtyard Restaurant Colavecchio,State AAUW President, the Centerville-Osterville-Marstons Y g rp y, G a G fin, Joshua r district election and the In the other races, the remaining O'Donnell has also been active on Theresa Baroa,publication had not been Jennifer Garrett Kevin Porte inCataumet.Formoreinfoimationcall is the special guest. For reservations Mills fire d st y us,Jennifer Powers,JenniferProc, JaclynO'Brien,Shauna-marieO'Brien, Hall, Kristin Hatton, Brian Higgins, 563-1865. - tell an interesting tale on how the cam four candidates have used primarily the legal front,filing a libel and defa- made within the time specified.The no Golding, Claire Hawley, Christopher Jacquelyn Rawding,Casey Rocheteau, Clare O'Keeffe, Thomas O'Toole Raymond Hill Ethan Hinkle Philipand menu choices call 385 5926 or s� their own personal funds.The excep- mation suit against Samuel R.Nicker- tice appeared in today's Cape Cod Times. Holcombe, Kaitl n Johnson, Jaclyn Lily Rockla e, Charles Rowland, Elizabeth Pease Andrea Peace, Hinkle Mea han Hubler 'Phili parsons to Speak 385-5043. paThe are being waged. tion if Jeffrey Chase, who is running son of Centerville for statements made The violation was for failure to moni- Y Y Y g y' g P Dr.Carol Ann Parsons,pastor of the Defonseca Interview g 1, The top money raiser by far was Y g Lindberg,Nellie Lukac,Rebecca Mor- Meghan Scherbarth, David Schrader, Catherine Rockwood, Elliott Rufo, Jones,Daniel King, Kate Klim,Jamie ' for fire commissioner.Chase accepted in a letter to the editor published in for for volatile organic compounds an,Elizabeth Morse; Rachael Nolan Caitlin Shield rited Methodist Church in Putnam, Cape Cod Writers' Center presents . Glenn Snell, who has raised $2,290 g s, Corey Silk, Marcus Michael Scarpato, Jeremy Schilling,Sctulhng Koss, Jason Kossman, Alexander 9 a$200 donation from his father,spend- this paper.The letter,published in the during the third quarter of last year. Ltsa Po n B Conn.will speak at the Bourne United Misha Defonseca,author of"A Mem- thus far in his bid for water commis o Bonnie Schreiner,Richard Skapars, Stephanie Small, Katrina Matthew Shechtman,Alexander Sisson, Lagadinos, Lindsay Lague, Meghan ing $798 for signs and lumber for April 24 issue,made certain references O'Donnell said he was never made Scudder Kat h Methodist Church at 3 p.m. The sub- oir of the Holocaust Years"in an inter- 15 stoner. As of Monday, when lie filed ey Shanahan, Deacon Strikis, Mandy Thew, Alexis Upton, Leigh Scares,Meredith Stevens,Liana Lavoie, Anthony Leonardi, Adrienne signs. Prudential committee incum- to O'Donnell and his management aware of the new testing schedule that Silva Jeffrey Silvam Erin Sinclair, Sarah ject of the speech will ro Parson's view on the "Books and the World" a his papers,Snell had spent$833.43 on y S a Wenzel and Thomas Whelan. Strikis,Caitlyn Sweeney,Katie Sylvia, Lindberg, Cara Lombardi, Catherine a bent James Crocker ($588), pruden- style.Nickerson is the father of one of required the VOC monitoring. Tests David Soares Lindsey Sorok Zachary Grade Seven High Honor Roll: Kimberly w work counselling child prostitutes in television program.Call Sally Coombs signs,printing and other miscellaneous Y/ a ry g b ly T grog, Jeffrey Williams, Lortie, Paul MacDonald, Jocelyn Sri Lanka. Call the Rev. Ellen C. at 430-1626 for more information. expenses. A look at the list of con- tial committee challenger Gary Lo the department employees suspended conducted in March showed no traces Tillo, Grace Trull, Dlanielle Veseskis Colby Bateman, Adam Beard, Maire Elizabeth Winters, Devin Witter and MacRoberts,Leah McGoni le,Kristin .." u .. tributors, 33 in all, shows man who Pez($491)and fire commissioner can- as art of the water meter tampering of an VOCs. g Chahey at 7751-5073. - - Y didate Richard Andres $209)all used investigation. P g Y and Elizabeth Wade. Casey, Nicholas Dunn, LeeAnn Jacqueline Zick. Monroy, Kathryn Norton, Thomas Canal Open House WEDNESDAY MAY 21 CHERYLEASTWOODPHOTO are associated with the fire district. ( g Chlorination Not Likely Grade Six Honor Roll: Emily Hennessey, Mark Kozma, Sarah E. Grade Eight High Honor Roll: O'Brien, Autumn Ohlsen, Zachary The U.S. Army Corps of Engineers MAKING NEW FRIENDS-The new Friends Market in Cotuit celebrated its This is not unexpected as Snell is run- their own personal funds. Accrocco, Kristin Anderson, Tara L'Heureaux,Anthony Mazzeo,Jessica Jacqueline Ballou,Maryfrances Britt, Orcutt,Julia Peck,FlaviaPeixoto,Adam g Senior Supper Club Harassment Complaint Filed Water Commission Candidate Glenn will hold t ions, house, with tours Rehabilitation Hospital of the Cape Grand Opening on Tuesday witha ribbon-cutting ceremony.From leftare Jirn ning against one of the harshest critics An Odd Exchange Andrews, Virginya Aronson, Peter Morgan,Robin Morse,Andrew Nelson, John Dean, Tyler Eldredge, E. Tho- Platt, Crystal Powers, Brenda Raitto, and presentations, from 10 a.m. to 4 P P g Also filed within the last two weeks Snell announced to the 100 or so people Askew, Jenna Bale P and Islands, Sandwich, is the site of Wingren, store manager; Jim and Claire Junkins, store owners; Cynthia of the district and the fire district sys gno, Adrienne Sean O'Connell, Kathleen O'Toole, mas Finan, Daniel Gilmore, Louis Cynthia Richardson,BrookeRobinson, m. at the Field Office in Buzzards Acting COMM water Superinten- was a sexual Harassment complaint attending Monday's candidates night Banet, Kathleen Beasley, P the Senior Supper Club from 5-6:30 Hayden,plaza owner and Bob Bancroft and Bill Hoskins of Associated Grocers tem in general,Anthony Alva. dent John O'Donnell chose an odd against O'Donnell and another water that the water department could be on Y, Amanda Ashley Platt, Justin Riley, Amber Golden,Alexis Johnston,Kathryn Kan, Diane Rossi, Kevin Roy, Katrina Bay, and at the Bournedale Herring PP of New England. Alva, on the other hand, has spent g P Bennett, Justin Bennett, Chandra Rowe,Veronica Russi,Claire Schultz, Annemarie Klotz,Andrea Maddalena, Sacchetti,Walmya Santos,Robert Scott, Run. Programs are free and open to Brain "How to recognize the Signs e a forum to address some internal issues. department office worker. Stacey the path to chlorination under the En- Bibeault,Erika Birch,Ashley Bishop, Peter Smedberg, Laura Smith, Ryan Michaelle Messias, Lindsey Olander, Jessica Scudder,Elizabeth Stephenson, g P Brain Attack or Stroke" is the sched- As a caller to the Gino Montessi show Neale, one of the office workers who vironmental Protection Agency's sani- Courtney Brady, Rory Britt, Casey White and Jennifer Yessin. Matthew Riley, Alyssa Ringler, Jef- Eileen. Stirling, Kimberly Sullivan, all. For additional information please sled topic.The cost,including acom- on WXTKlastni night,O'Donnell,whose remains out on leave, filed the com- tation standards. He said that if the call 508-759-4431. fete dinner,is$5. Seating is limited. CELEBRATION for fun, safe rom g Collopy, Melissa Correia, Elizabeth Grade Seven Honor Roll: Jeremy fray Simonetti, Timothy Smith, Sebastian Vaneria, Jason Verissimo, P g one-year contract as acting superin- plaint with the Massachusetts Com- violations in the district over the past Curley, Sean Dacey, Danielle Acker,Andrew Barron,Karen Cahill, Stephanie Veseskis, Julie Wentworth Camila Virot, Justin Waskiewicz and MONDAY MAY 19 Call 833-4008 for reservations and tendent expires on May 21, asked a mission Against Discrimination. two years continued, it could trigger DeStefano,Christopher Donovan,Taya Daniel Chaprut, Chelsea Clarke, Le- and Katie L'Heureaux. Andrew Wirtanen. more information. By Chris Price at the end of the night.) ing.She adds that events like this help question regarding a recent executive this requirement. K.Dwyer,Heather Eldredge,Kather- La Cloutier, Michael Daigle, Mara Grade Eight Honor Roll: Kate Golf Tournament "The main reason we do this is to combat teenage drinking. session of the COMM rudential com- Violation Publication After checking,Baroa said that this For the benefit of the Sarah Wood- THURSDAY MAY 22 Over the last couple of ears,CEL- save lives.We reap believe that this "Parents and schools have to say no P g' ineEleftherakis,LauraFramson,Alex Davidson, Sophie Davis, Michael Acton,Erin Beasley,Michael Bednark, P Y Y Y mittee. A previous caller, an office The Department of Environmental is not likely to happen. She explained Gibson, Alicia Gold, Michael DiBona, Kelly Donahue, Danielle Jason Bravman, Patrick Cahill, Alex- land Memorial Scholarship Fund, a Poetry Reading EBRATION has been famous for hold- saves lives,"Johnson said,explaining together to the idea of drinking on prom oat y ead g P g g g P worker at the water department,asked Protection notified the COMM water that the EPA guidelines have yet to go Goldberg,Courtney Greene,Amy Grif- Drew, Victoria Dyka, Patrick Evans, ander Carey, Michelle Carme, Sophia llti>rs#parts 11t11 golf tournament will be held at the T 1 W i ing some of the biggest parties in Barn- that this year's gathering is dedicated night," Johnson said. "When kids are the same question with more specific department that publication of a no- into effect and that the types of viola- Y P he Sat Wind Poets continue their q P P P YP fin, Gregory Hall, Cheryl Harary, Michael Favreau,Simon Fornari,Laura Christakis, Nathan Clark, Matthew Corretioaa to 1EIo>ul4a Rolls: Ocean Edge Golf Course in Brewster. open reading series at Sea Street Books stable High history. But the to the memories of Jeremy Lang and able to buy alcohol as easy as ciga- reference to denied requests for the tice of noncompliance printed in this tions in COMM do not appear to be Aaron Hemmila Steven Heslin a Giacobbi Allison r • Added.tri lfhrade°lei hL P P g g G amen,Anna Heick, Clement,Whitney Clifford,Reed Cole- Sign-in is at noon,with a 1 m. start. coordinators of the alcohol-free,drug- Pat Swift,two former Barnstable High rettes, then there is something wrong. meetingminutes. newspaper on A ril 24 did not meet the kind that would trigger an chemi- Y in Harwichport at 7 p.m.All poets are pY Meagan M.Hildreth,Maegan Hurley, Sean Higgins, Christine Hunt, Laura Tucker,David Condon,Erin Costello, $o>prorl�oth aticnt " ;lxr 'iill>4ft, Cost is$400 per foursome, which in- invited to participate but should call free afterprom party at BHS say that students who lost their lives in drug We have to start saying no together.By Crocker said that the meeting was the public notification requirement.Ac- cat disinfection requirements.The two Julia Kurker,Sarah Lackey,John L fi x ' dudes a round of olf with cart, din- P P aka, Hutchinson, Keny Johnson, Brian KimberlyCuccia,BridgetCurley,Rob- �th�r' oul J � a . g 432-6661 to register. The reading i this year's party will top them all. and alcohol related accidents over the not saying no,we are really saying yes an executive session and the issues cording to a May 1 letter to Acting violations issued to COMM dealt with Daniel Lancaster,AshleyLeca Nicole Jones Kristin Kelley, Kurt Kelley, ert Curran, OrCatt dKutel tt A cAck g package. g g s ner, and a gift acka a For more tn- Accordin to Cathy Johnson, Cel last year. to the idea of teen drinking." y, y> Cu an, Katharine Cyburt, Sarah ,_ y free and open to the public. g Y Y g addressed at the meeting have yet to Superintendent O'Donnell, DEP Wa- administrative and reporting violations, L. Lopes, Jeanne MacDonald, Jason Sarah Kennedy,Daniel Kremer,Chris- Daigle,San aL.Daniels,ElizaDelane Acldltl=to tlto Frd +ah '' formation call Patrick O'Connor at 508- r f Workshop ebration`97 Chairperson,the$10,000 Modeled after similar events held Johnson also stressed that donations be resolved. As such, Crocker said it ter Supply Section Chief Lawrence not actual water contamination. Ac- g Y Yr Cat PP Y Maguire,Jared Malin,David Manning, lima Lafontaine,Michael Liimatainen, Lauren Dinkins,Kiley Donovan,Erica lEtotlxoar 1!IRiI„lcl%iei Wtsennan 430-2927. party is scheduled to kick off at 11:30 around the country,Johnson says that are still needed, and can be sent to was not a ro riate to release the min- Da tan informed the de department that cording to Baroa, the EPA chlorin- g g Y The Thornton W.Burgess Society is m.on June Sth,shortly after the BHS the have received the full endorse- CELEBRATION `97, c% BHS, 744 appropriate Y P g Andrew Marcantonio, Tanya N. Kristen MacKenzie,Stephen Macedo, L.Eisnor,ElizabethEleftherakis,Jozane offering a craft workshop for adults at P Y Y utes at this time. publication need to be made in a daily tion standards address problems in TUESDAY MAY 20 senior prom wraps up.A free event for ment of Mother Against Drunk Driv- West Main Street,Hyannis,MA.02601. The person who requested the ex- newspaper of general circulation.The existing disinfection programs. the Green Briar Nature Center, East _., ..0 University Women Society Sandwich from 7-9 .m.The scheduled all seniors, whether or not the at- 2 ;` `N i m� :-. . , Y Y P y ecuhve session was Water Commis- letter also indicated that the depart- She did add that once implemented, k:xfif ,. 6. P sioner Carl Reidell. Fellow commis- ment had five working days to comply maintaining regular reporting standards .��.^"^ Luncheon project is creating a "dreamcatcher. tended the prom (prom dates are also g Y P Y g g P g � P J g welcome), it will run until 5:30 the The American Association of Uni- The fee is$15 for Society members and sioner Anthony Alva requested to take with such publication. will become increasingly important for following morning,but most partygoers , part in that executive session via A further requirement of the notice all water departments. varsity Women's Cape Cod Branch $20 for non-members. Call 888-6870 won't catch a wink of sleep. Afully- wil10ov 6 l have its Spring Luncheon at the for more information. stocked buffet, featuring food from „, Barbyann's,Sam Diego's and Chili's, r , along with a plethora of events like h�" Council, schools to discuss cuts . . . The Bestvari ofthle r g, gos, 01 20% OFF laser to a bun gee run and a moon bounce will keep students happy well r Continued from page 1 take a look at the operation and make ers of superintendents throughout the ; , into the wee hours. �i some suggestions,"Dever said."They state of Massachusetts),and adminis- � F ep,, onl Braxton Storiewide Sale II ill n, In addition, several prizes will be j �, ' � � � Dever said. "That doesn't mean we did an analysis. If we decide to do trators indicated that a screening com- � ,.BQyt �nS.,,Ce raffled off, including a car, mountain s, z still aren't looking." this-and we haven't right now-they mittee would be established early next I BQltop' Frill Collins Mlle Diop Now thru May 19 bike, CD's, moneyand concert tick- '' „s According to the same report, the would have to make a request for ur- week. : Br MlChae ton' ) g P q P ,.Bryan Adams... Tic Clap rapt„,Hall&Oates„ We have ai wonderful selection of ets. Parents should be aware that that : cafeteria budget for the entire Barn- chase to see if we could save moneyIn other school news,the Barnstable • Alr Chicago"' Amy outfits for'boys s & girls from basics ( g w T Association n h min- lah Carey,.,Chicag od Mac �Qhp Kenny loggias Y g this year, the staff will be making a stable school system,once thought to when it comes to working with an Teachers Associat o and the ad ,•,� IBetWQ ItOn to dressy. SSizes infant to 16 for boys call home to let the parents know that be in the black,has narrowly averted a outside vendor." istration have reached atentative agree- -Gloria EStefan...F 0Qel„'E ltt Uonel Rlchle...seal, &up to prmteen for girls. the student is ready to leave early. deficit and"may be balanced"by the With school business manager ment in their ongoing contract talks. "'Whitney Houston...Bllly 8Qpn1e Rai oSs...Vanessa Willia •�, ., `' Once the student leaves,they will not end of the year. In addition, prelimi- Gardner Howes set to retire this Au- What effect this will have on the re- Madopp Richard Mar% then Vandr ms' T H be readmitted. Johnson says that this nary talks have begun with the Marriott gust, Dever says they are looking to quest for more funds is unclear at this a"' t �u o , will hopefully encourage kids to stay Corporation as the school system looks get someone to replace him as soon as time, but sources indicated this week on Secada...Rod Stewar r until the end when the prizes are FILE PHOTO into the possibility of contracting meal possible. As of this week, they had that the proposal will go before the S t Dip E N Photograph by Brenda Saw Thomson awarded.For those without cars,buses SOBER SUMOS-Post prom partygoers indulge in some Sumo wrestling at last services as another way to save money. received approximately 30 resumes Barnstable School Committee on May r u p t j Q n will be available to take students home year's successful CELEBRATION,which took place at BHS. "We asked Marriott to come in and (including 16 from buisness manag- 21 and union members on May 22. f e e r i n t e( S N 0 r 27 Wianno Ave. 515 Main St. Osterville Chatham "Our 42nd Year" 428-9458 945-0234 ��'ca i a ,.. {,,,.-�-,a� " .,,• e,.:: ,•,:7....`:r?;<., � �.�,.-'�`s�sb�rr� s�� �:.Z; �.T^�"k �:'f���s��•;yr���c''� X���. ATTENTION, AUTO OWNERS: SHOPPING FOR CD 's?. FREE report reveals how to avoid costly Please VOTE for both candidates to mistakes when you insure your auto! RE-ELECT JOHN E. 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MASSAC ENT OF m DEPARTMENT OF Member FDIC.•f�r Equal Housing Lender.Citizens Circle Account available for personal accounts only.Combined minimum balance of$5,000 to avoid monthly fee.ATMs must be pan of the Citrus°°or NYCE°°networks. No Citizens charge on ATM usage,other banks may impo their own charge.Citizens Circle CD available only with Citizens Circle Checking Accounts.Minimum CD opening balance is$1,000.substantial penalty for a Iywithdrawal. SOCIAL SERVICES - Hyannis - I se Annual Percentage Yield effective as of May 7,1997.APY may vary by state.Must qualify for credit card and loan discounts. Member FDIC 1 4 PAGE 6 19be 36arngtablt patriot MAY 15, 1997 MAY 15, 1997 The �Sarttgtable i3atriot PAGE 3 �. Northside station stud approved by votersY �p I A building needs committee of seven needed repairs and repaint it. All of commissioner, incumbent Anthony By David Still II worked the past two years and deter- the funds for this project will come Alva of Marstons Mills is running I w Plovers sighted on port of several town unions,including in the town as a scenic roadway.Such own consultants noted the potential such Continued from page 4' miss" based upon an unprovable g Barnstable Fire District approved mined the department's space require- from existing pools of money. against Glenn Snell,also of Marstons the police,according to Poyant. a designation would provide for pro- a plan could have in jeopardizing the issue...alleged meter tampering. It , Kalmus fireworks barge the formation of a building committee ments, which has been calculated to Elections: Incumbent prudential com- Mills. In order to get on the ballot,«mini- tection of remaining trees through an entire Cape air service.The same con- often and my office is sponsoring a is plausible that a wire(seal)could Friendly Visitor��r• p�• r• tan in progress to investigate options for fire station be some 1,100 square feet short. The mittee member Charles Fuller beat out Alva believes his two years on thel og a m P P $`r mum of 4,500 signatures is required expanded review process. The Barn- sultants also suggested that at its worst, free monthly lecture series on this be broken over the years, that the There have been sightings of at least to be certified b the town clerk's stable Planning Board is the body the effect of Cape-based aircraft traffic topic. Your readers may call 771- pin could be out,but with the regis- expansion,authorizing$60,000 for that primary needs are for better living quar- Sturgis St.Peter for another three-year board have lead to meaningful changes one piping lover on Kalmus Beach Y purpose. ters for the full-time personnel and term. at the water department, from a 10 "A road to a friend's house is never The Friendly Visitor Program will P P g P office. Town Clerk Linda charged with conducting public hear- on delays at Logan is minimal. 6808 for more information. ter still in place.. the water would this year, making all of the acrimony Paul R. Skiarew,M.D. continue to be measured. And, in the funding was reduced from the installation of a wash-down room for Incumbent Clerk Burton Eddy re- percent water rate drop to making hard long" represent a community that values and Y g Y Hutchenrider said that just 400 names ings under the Scenic Roadway Act. Klimm bill seeps to $100,000 printed in the warrant. Ac- contaminated equipment. tained his seat over Debra Traugot for decisions on employee firings.He said shows compassion for its senior mem- over what to do with the annual fire- have been submitted and certified. Although Route 28 is not a locally expand property Hyannis the case of the employees involved. overcording to Chief William Jones, III, The building committee,which will a one-year term. that the board has undertaken some By Jemima Lambert bers. There is no doubt that the town works display worthwhile. Po ant said there are another 400 to recognized historic district,it is clear one hears that their averarc water Y g one promote who served on the buildingneeds com- be appointed b the prudential com- Running unopposed were Lauchlan financial reforms that clear) identify of Barnstable will have this represen- Assistant Town Manager Mary Ja- 500 signatures collected but not turned that we need the protections allowed abatements for seniors p usage corresponds to average us- PP Y P g PP Y i Y For the past hwo weeks now,under State Representative John Klimm misinformation age in COMM'. Also troubling mittee,the lower amount will be more mittee,does not have a time certain to Crocker,who will serve his 15th term, the water department's funds. the headline of Silver Linin s [oin u i we call out to volunteers to cobs said that the town has filed the in.The deadline for signatures is July under the Scenic Roadway Act," P g g is Linings, oin us in this program. necessarypaperwork with the U.S. Lucien Klimm said in recent testimony before (D-Barnstable)testified before the leg- It bothers me that the present the fact that the legal action on this than adequate to meet the needs of a report back with findings,although a and Jeanette Jones for a one-year term Snell is running his campaign "to have been readinig about the Barnstable J P g P P 29.For more information,call Luce Y islative Committee on Taxation on his majority on the COMM Water building committee. report is expected by this time next as the district's treasurer. bring integrity back to the district." Council on A im and the good work Coast Guard to allow for the barge Poyant at 7750-2371, the local affairs committee."We want j Y issue will come long after the eleo- g• g g Who can be a friendly launching of the annual display and to make sure that ro er notification is bill to expand the property tax abate- Board(the"Re-callers" )still pro- lion. In the meantime, the issue Primary opposition to the article year. He views Alva's two years on the board and activities that happen here as staff visitor? Senior center funding proper ment allowed to senior citizens in motes the same misinformation re came from Prudential Committee in other action,the fire department's Hyannis Fire Elections as being harmful to the district's im- expects to hear back sometime in June. , given to the town,civic groups and the should be referred to as "alleged." � P g and volunteers vwork together to meet you can,if you: There have been no indications that could be OK'd tonight general public when planningan re- Massachusetts.The Klimm Bill would I garding the Water/Fire tax rate in Fairness dictates, in addition, that Chairman Richard Clark,who believed request to replace its 198 r ambulance There are two seats up for election age and infrastructure. Snell said that the needs of semiors-from health is- the plan,which calls for regular,loud The town council could take final mount of trees along Route 8."Y double the current tax abatement for 1994,To paraphrase what they have there should have been a neutral the amount was excessive and would was approved. The $100,000 for this on the board of fire commissioners his main interests lie in the future wa- sues to great actdvities like line danc- older people eon 1 understanding and/or like P action on the$1.5 million a ro ria- g P P e fireworks,will not receive approval. PP P The bill is fashioned after the suc- seniors from $5,500 to $10,000 and been saying: "The District did not observer. lead to a foregone conclusion that one request will come from the ambulance this year. One seat will be open as ter supply, which he does not believe ing and oil paintting classes. •have a sense of humor Jacobs also said that the Figawi tion for construction of a new senior cessful 1992 Route 6A Scenic Road- lower the eligibility age by ten years REDUCE the tax rate when the There are many unanswered ques- of the two grandest options offered by billing fund and will have no impact Robert DeGrace has chosen not to seek Alva has paid attention to. Well, now that you have gotten to .are patient and kind steeringcommittee has agreed to do- center as early as tonight. After a from 70 to 60 ears of age. Water Department no longer was the building needs committee would on the tax rate. another term. The candidates are in- Incumbent fire commissioner Jef- know us a little better, we thought it g way legislation, which was also sub- Y g P g lions{and more since writing this) g •accept people as they are nate additional money to bolster the public hearing,scheduled for the start muted b Klimm. In testimony Klimm said that,"our supported(in pan)by tax revenues." and many things to consider as the be pursued.It was Clark's motion that The water department's $180,000 cumbent John Mitchell of George frey Chase of Marstons Mills will might be a good time to introduce a .are able to adjust to new situations fireworks display. Fireworks have of the meeting, the council is free to Y program of property tax exemptions The implication was that somebody election approaches:our slide from amended the dollar amount to the re- request to refurbish water tank#1 was Street, Joseph Hoffmann of Daisy seek another three-year term against program we are working on-The J Mass port fees jeopardize are sensitive to the needs of others closed the annual Figawi activities vote on the money, which would be P p for seniors is woefully inadequate given managed to hide or "divert" duced level.The voting on the article also approved. The work will consist Bluff Road, John Rosario of Richard Andres of Centerville. Friendly Visitor Program. are honest y• q g• g number 1 in the Commonwealth to g PP on Memorial Day weekend, but the borrowed. local air service the trends of inflation and property $800,000-$1,000,000 in revenues. number 40 overall--which in fact was close, coming within three votes of stripping all of the lead paint,which Mitchell's Way and Paul Sullivan of Chase, who is seeking his second Friendly Visitors are a group of •are cheerful committee decided that adding to the In addition to the$1.5 from the town, Proposed increases in landing fees values over the past several years. I The fact is that there was no may have been the direct result of of failure, according to Clark. requires additional preparation, make Long Pond Drive in Centerville. term in the post,was the first ever fire volunteers(of course,who else would •are dependable town's Jul 4 effort would be a better another$300,000 has been committed at Logan Airport are causing concerns believe we must give some consider- $800,000-$1,000,000 and therefore our voting in an entire Board inex- The election will be held Tuesday, commissioner in the district under the be so compassionate?)who visit regu- P Y g are a good listener investment.Jacobs did not know what through the Community Development to local air service companies. The ation to our seniors, many of whom no diversion. perienced in the intricacies of run- b i ` May 20 between 3 p.m. and 8 p.m. at 1994 bylaw changes. He has a back tarty with elders who are isolated and v � , � ;._. Block Grant program.This is the fed- increases which seek to discourage The reason. It goes back to your the fire station on High School Road round of 23 ears on the Barnstable _ amount the Figawi committee planned P g g are on very limited fixed incomes." g Y Wing a water department. 1.1111111m, ;. F g g Y lonely. Weekly visits are made to se What is expected of the to donate. eral money made available to the town the use of the Hub airport between 2 Currently,cities and towns may pro- property's assessed valuation in The computerized pumping, de- y .. , Ext. Police department and believes his niors in their homes or in nursing friendly visitor? would assess higher "i',= iir e o.r.' ki through the Department of Housing p.m. and 8 p.m., g vide tax exemptions to seniors 70 years 1993 which dropped by 10 percent- veto in pro actions of future wa- :: 1st " ,t•, The annual meeting will be held the commitment to public safety served homes to provide friendship, com- A friend) visitor mu Charter commission drive P g P J p��Jua I, i�. y must make an ini- and Urban Development each year. premium for landings within this time or older at a maximum of $500 or 18 percent townwide because the �T +-" following evening beginning at 7 m. the district well over the past three anionshi and assistance with tasks stalled P ter demand, reporting to the the g g g• g P• P P P tint commitment of at least six months, .M A new senior center is planned for frame.The policy,known as peak ric- v P P Y> P P $4,000 of taxable valuation. In addi- real estate market dropped. {Real state DF_.P the number of gallons � M at the Barnstable Grade 5 building au- years. or other activities. 1 or 2 hours a week, visiting with an The effort to place a charter com- an 8 acre parcel on Route 28 next to ing,has been suggested and fought in tion,one must be a Massachusetts resi- estate assessments are supposed to pumped in order to remain in com- x ditorium. Andres is also running on something Other friendly visitors (Telephone elder at their home or in the nursing mission question on the fall ballot the Hyannis Middle School.The loca- the past by local air carriers because of dent for at least 10 ears and have an reflect fair market value.) When pliance flushing the system,care- ` �` <;' rJ�,f- :>• of a reform campaign.He believes that Friends) phone seniors on a sched- home r ' Y p g y o ,if you are a telephone friend, has stalled, but it is not dead. Orga- tion is being called the Dunn's Pond the dramatic effect it would have on income of less than$15,000 a year. your assessment drops, generally fully administering the federally- COMM Fire District there are dollars to be saved within the uled basis in order to provide reassur- telephoning an elder as scheduled. nizer Lucien Poyant said that the sig- site because it abuts the pond. local fares. Companies worry that if In addition to the tax exemption Ian- the rate per thousand increases- required otassiurn hydroxide (a Elections: Incumbent James fire department and that billing for ance, social contact, security and Trainingis provided and must be com- nature drive will be renewed this week- Testimonyon Route 28 such costs had to be absorbed into ua a Klimm would seek to increase otherwise there wouldn't be enough deadly in the wronguanti- t°°°°' Crocker of Osterville will face Gary ambulance service should be instituted. friendship. leted. end,with volunteers collectingnames g g ' q � : P scenic road designation ticket costs they would effectively price the amount of funding to towns that money (taxes) to pay fixed costs ties), balancing rates with known . Lopez of Centerville for a three-year He is retired, which he said gives him These two groups of friendly visi- The town of Barnstable is home to at post offices and with plans to be at themselves out of the market, or go grant the tax abatement so that the (salaries,lights,heat,upkeep.),But supply as the water table rises and term on the prudential committee. the needed tame to delve into issues. tors will make up the Friendly Visitor man frail homebound seniors who the Centerville The removal of trees along Route PP Y bankrupt trying to eat the cost them- local loss of tax revenues to towns will in this case the District did not have falls, kee .i ng u the infrastructure Crocker's campaign is rooted in the Andres is also something of a munici- Program of the Barnstable Council on would benefit read from a friend] Mills polls on Monday. Poyant ex- 28 in Centerville two years ago is still selves. to RAISE the Di strict tax rate since p P will of the voters.He does not shy away al meeting junkie and enjoys artici- Aging. The program will brio to greatly Y discussion. be mitigated.Last year cities and towns and water towers (presently flak- �. . Y Y P g JPP g g call and a friendly face.Please join us plained that the core group of volun- prompting As a result,the transportation com- this was the precise moment in from questions on consolidation or the ating in government rocesses. homebound elders-who have little or Short) after the removal of near) P received P ing and peeling and long overdue), 4. I P P in making this program a success for teers hasn't been too active over the Y e mittee of the Cape Cod Commission which COMM Water Department regular �� I� � �., ,,- � €' district's spending policies, but rather The election will be held on May no f - all trees within the state layout of the p upon municipal budgets as result of P water testing on a r �ular basis,not `< ,< P g P Y contact with amity or friends the our community.Call Rose DiGregorio ast month, but should not remain Y s says s he will follow the direction of the with h polling hours at he fire - P has written a letter to Massport urging the tax break.The Klimm amendment voluntarily ceased to take rt, share to mention being able to adminis- g,; Y 19, t po g o s t re sta comfort of being wanted and liked and at the Barnstable Council on Aging at dormant much longer. road, state Rep. John C. Klimm tiled k g g g the agency not to institute the higher increases that figure to$25 million. of tax revenues-planning to oper- trate equitably with employees. �� . •r A.; voters of the district. He has also ex lion from 8 a.m.to 7 p.m. of having a friend who cares. 790-63365. The charter drive has gained the sup- legislation to designate all of Route 28 landin fees."Air travel is a vital art g ate sole) on what we a for our 1 ended considerable energies trying to g P In addition to increasing the tax Y P Y But it is the tirstpoint-that imagi- 1.1.111,11-111, P g ry g of our transportation system,"the let- abatement to adjust for years of infla- water.(So,we paid a little more on native, non-existent $800,000 to s,11 debunk his opponents financial claims NOTICESLEGAL • ter to Massport executive director Pe- tion,the Klimm bill would allow indi- one hand but did not have a tax $1,000,000 which kicked off the W,w� & about fire district spending. Downtown's BID ter Blute reads. visuals 60 or over to ualif instead of increase on the other.)But there is Recallers"smoke-and-mirrors cam ' xy Lopez is running on a platform of for self-reliance. . . Commonwealth of Massachusetts Commonwealth of Massachusetts The letter also notes that Massport's the present age of 73. Y the point: There was no dollar ex- paign of two plus years ago in 11 fire district reform and consolidation, Barnstable,SS. Barnstable,SS. cess which "disappeared." What KRISTEN VONHENTSCHELPHOTO contending that Barnstable's fire dis- Continued from page 1 From a timing point of view,Lam- pared for the impact. With Mall ex- PP COMM and is now thy.perennial re- g The Trial Court The Trial Court would have one to Water,went to RUNNING THE WALL-Marstons Mills pooch Bridget loves to see the ducks trict structure makes for the most ex bert also believtes that it couldn't be pansion now a year or two away, the g run which should be evaluated 1'or P g Y Y� Probate and Family Court Dept. Probate and Family Court Dept. other ways of calculating the assess- better. The creation of the Hyannis added benefit he believes a BID will Docket No.97PO605AD-1 Docket No.97PO625EP-1 Fire in lieu of a tax rate increase. what it really is. and runs on her back lugs along the wall at Mill Pond to get a better view.With pensive service in the state. ment,but this was the easiest to imple- Historic Districtt,due to come on-line + . To think there should have been a This is the time to think long and Bridget is her owner,Ruth Grim. For the three-year term for water ment and easiest to explain. in October, and the expansion of the bring will better position the down- In the ESTATE OF David H.Crowley. In the ESTATE OF Vivian B.Sherman. ]Discount ill rine tax DECREASE.makes no sense. hard on the votes we cast f<�r Water P P town for the increased competition. To all persons interested in the estate of To all persons interested in the estate of . , It concerns me that the COMM The maximum assessment that any Cape Cod Mall make the move all the David H.Crowley late to Barnstable(Hyan.of Vivian B.Sherman late of Barnstable in the Commissioner.Fortunately,we have single property could be charged is more important„he said. Main Street is the only area in town Supplies• Water "Re-callers" do not under- a choice-one who is experienced in under consideration for a BID dis- nis) in the County of Barnstable. Date of County of Barnstable. Date of Death De- $4,000. stand this and they continue to the supply and delivery of unlit TM Looking back.to when the mall first trio, although there has been talk of Death March 20, 1997. cember 5, 1996. Compare our prices to the large chain stores. Their prices PP Y ` quality Honda Harmony Lawn Mowers The estimated revenue from the self- opened in 1970„which began a major other areas, such as the Route 132 this misinformation. A petition has been presented in the above A petition has been presented in the above have gone way up this year. Hyannis Marina Ship Store project water. y3v 114( assessment is $150,000 annually. shift of the retaiil center of the town captioned matter praying that Lois Crowley captioned matter praying that the will maybe It also is a concern that the Carolyn Garbutt • Corridor. "We need to get this one up of Barnstable (Hyannis) in the County of proved and allowed and that James L. is lower with a huge selection. "Recallers" are so ready to "dis- 'vlar tons Mills �� 9 Honda 5h OHV commercial grade engine When first resented to a select group and Cape, Maim Street was un re- g Barnstable be appointed administrator with Sherman of Barnstable (Hyannis) in the �iS nt �< • • p g g of property owners in early April,the p Y LP H,I�annis Marina Remains Low! Durable, rust-free XenoyO deck P and running first, Penn Said. sureties on his bond. County of Barnstable be appointed executor �t� �x proposal called for a two tenths of If you desire to object to the allowance of thereof without giving surety on his bond. 0 > HYANNIS A'IARINA ________________1 � �r il •Mulch bag or side discharge a with optional kits P g - -- said petition you or your attorney must file a If you desire to object to the allowance of 21 Arlington Street (behind Cape Cod Hospital) C ' g g p one percent char e, but there were "° written appearance in said court at Bam- said petition you or your attorney must file a ctpE coo g (508)771-7171 SUBSCRIBE t. HRM215SDA requests to bump it up from the prop- We're ready-for summer! stable on or before 10:00 a.m.on May 27, written appearance in said court at Bam- TODAY arty owners. r 1 gg7. stable on or before 10:00 a.m. on May 27, ,; •2 Speed, Self-propelled "The response was fantastic,"Penn We've got a large selection of In addition you must file a written affidavit of. 1997. �� �, - ;aid. BID proponents are hoping for 1lshorts tops,sneakers Jellies, objections to the petition,stating thes specific' In addition you must file a written affidavit of � 1 g bagger u p ' in equally positive reaction today. ` `' � cotton specialty sweaters, 1 P 9 P CHILDWEN'S BOUTIQUE,INC. facts and grounds upon which the objection objections to the petition,stating the specific �p/ �545 is based,within(30)days after the return day facts and grounds upon which the objection All remaining property owners were beautiful dresses and much more invited to attend an informational Bell Tower Mall (or such other time as the court,on motion is based,within(30)days afterthe return day • • eNOTICES MSRP MSSP meeting this afternoon at Penguins f Faalmouth Rd.,Rt. 28•Centerville•790-0770 ' with notice to the petitioner, may allow) in (or such other time as the court,on motion `� accordance with Probate Rule 16. with notice to the petitioner, may allow) in Sea Grille. Mon.-Sat.9:30-5:3a-Sun. i2:oo-s:oo P y Commonwealth of Massachusetts TOWN OF BARNSTABLE TOWN OF BARNSTABLE TOWN OF BARNSTABLE r In order for the BID to et off the Witness,Robert E.Terry,Esquire,First Jus- accordance with Probate Rule 16. "-- g Barnstable,SS. CONSERVATION COMMISSION CONSERVATION COMMISSION CONSERVATION COMMISSION round, a minimum of 60 lice of said Court. Witness,Robert E.Terry,Esquire,First Jus- The Trial Court NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING g percent of Date: May 5, 1997 tice of said Court. I l * the property owners need to sign a Probate and Family Court Dept. 1111 r Date: May 1, 1997 7. t petition agreeing to the concept. The Docket No.97P0628EP-1 Acting under the provisions of General Law Acting under the provisions of General Law Acting under the provisions of General Law M i I P g g p . Chapter 131,Section 40,and Article XXVII Chapter 131,Section 40,and Article XXVII Chapter 131,Section 40,and Article XXVII properties represented by those own- **X.*. : Frederic P.Claussen Frederic P.Claussen ( * .' ? v Register of Probate Register of Probate In the ESTATE OF Jeremiah H.Collins. of the Town of Barnstable Ordinances,the of the Town of Barnstable Ordinances,the of the Town of Barnstable Ordinances,the ers also must exceed 51 percent of the h la .���VWW. ZOUS.CQ;E2 To all persons interested in the estate of Conservation Commission will hold a public Conservation Commission will hold a public Conservation Commission will hold a public � total assessed value in the district. ' Jeremiah H.Collins late ofBamstable(Hyan- hearing on the application of Cotuit Bay hearing on the application of Charles hearing on the application of Paul & Amy � ' The Barnstable Patriot The Barnstable Patriot nis) in the Count of Barnstable. Date of Shores Association, Inc., P.O. Box 810, Tardanico,39Island Ave.,Hyannis Port,MA Marshall, 496 Elliott Rd., Centerville, MA While these are the minimum Stan- May 15, 1997 May 15, 1997 County Bards, Penn and Lambert are hoping Death April 8, 1997. Cotuit,MA(to permit 175 cu.yds.of beach (construct and maintain a single family dwell- (mow nuisance vegetation and remove dead " A n A petition has been presented in the above nourishment now existing)at Map 74 Parcel ing,driveway,sewage system and appurte- trees)at Map 226&227 Parcel 191 &120, o's for much greater support. captioned matter praying that the will maybe 20, Point Isabella Rd., Cotuit, MA. The nant utilities)at Map 20 Parcel 134&portion 496 Elliott Rd.,Centerville,MA.The Hearing HRM2t5SDA Q �for 01� "We'd like to see 70,80 percent of NOTICES roved and allowed and that Laura McDowell- Hearing will be held on Wednesday,May 28, of 108, 321 School St., Cotuit, MA. The will be held on Wednesday,May 28,1997 at nil + the owners sign on,"Penn said."There 1 `" <'?> "<~ `` LEGAL P �+ Q May f/Wa Laura M.McDowell of Barnstable 1997 at 7:30 P.M. in the Hearing Room at Hearing will be held on Wednesday,May 28, 6:45 P.M.in the Hearing Room at Town Hall, has to be a strong mandate." i 111111, K " Town of Barnstable Zoning Board of Appeals (Hyannis) in the County of Barnstable be Town Hall,367 Main St.,Hyannis. Aplan of 1997 at 8:15 P.M. in the Hearing Room at 367 Main St., Hyannis. A plan of the pro The existence of a managing entity i Notice of Public Hearing Under The Zoning Ordinance appointed executrix thereof without giving the proposed project is on file with the Con- Town Hall,367 Main St.,Hyannis. A plan of posed project is on file with the Conserva- for May 28. 1997 surety on her bond. servation Commission. the proposed project is on file with the Con- tion Commission. Honda Harmony TM Lawn Tractors on the street is also seen as a market- If you desire to object to the allowance of servation Commission. ing asset for potential investors.Lam- To all persons interested in,or affected by the Board of Appeals under Sec. 1 1 of Chapter said petition you or your attorney must file a Dr.Eric Strauss,Chairman • Honda 13hp OHV commercial grade engine bert said that he has spoken with some 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments written appearance in said court at Bam- Dr.Eric Strauss,Chairman Dr.Eric Strauss,Chairman '' • Heat/ -But 38"twin blade mowin deck with commercial real estate brokers who thereto you are hereby notified that: stable on or before 10:00 a.m.on May 27, The Barnstable Patriot , . �x y y g saw the potential of a BID as a nice 4 ` 7:30 P.M. Ko en Appeal Number 1997-55 1997. The Barnstable Patriot The Barnstable Patriot May 15, 1997 antl-SCaI rollers standard PP pP f p draw for people looking to locate or Jane R. Koppen has petitioned to the Zoning Board of Appeals for a Special Permit for a In addition you must file a written affidavit of May 15, 1997 May 15. 1997 day141. • 7 height adjustments , invest in the Downtown. Family Apartment in accordance with Section 3-1.1(3)(D)of the Zoning Ordinance. The objections to the petition,stating the specific w Assessor's Ma 214 Parcel 070 and is common) addressed as 338 facts and rounds upon which the objection ' a„ M • 1/ I property is shown onp Y 9 P J <,.< '.::;::> ,.4 ;:. , TOWN OF BARNSTABLE TOWN OF BARNSTABLE H2O13HDA t...:... ' .. ::::W ' Pleasant Pines Avenue,Centerville,MA in an RF-1 Residential F-1 Zoning District. is based,within(30)days aftertheretuinday TOWN OF BARNSTABLE CONSERVATION COMMISSION CONSERVATION COMMISSION __ ` "a,. :s: ""`'`' " 7:45 P.M. Brown Appeal Number 1997-56 (or such other time as the court,on motion •Inflnitel variable Hydrostatic ;.,;r<••:•... .. €:;�-- i PP CONSERVATION COMMISSION ARIN IN y Drive ,,f��,,;; ,,,;„,,,, a f NOTICE OF PUBLIC HE G NOTICE OF PUBLIC HEAR G f Appeals for a Variance to Section 3-1.3(5) with notice to the petitioner, may alto �' tit David E.Brown has applied to the ZoningBoard o e t y „...<f, <.:„,,,, .« NOTICE OF PUBLIC HEARING BUS drlVerS rP, Ulred for trans Ortln ^ls €:=�%M;ss I>�» '" jlrf i r back. The property accordance with Probate Rule 16. q transporting � ,. h «.:... ...::,..::_.1__: ;s<>:>.:s»:, :<>,;.;:;::;;.mt Bulk Regulations to permit construction within the 15 foot side yard set p p y accord« c Actin under the provisions of General Law Actin under the provisions of General Law a,<,,. H1011SA U59.5� 21 95 ,>.,..,•. r:,•r,•:. is shown on Assessor's Ma 288,Parcel 011 and is common) addressed as 416 Scudder Witness,Robert E.Terry,Esquire,First Jus- 9 P 9 P �,,, Steamship Authority patrons to and =__�� ;:.::•:::..: .: Acting under the provisions of General Law Chapter 131,Section 40,and Article XXVII Chapter 131,Section 40,and Article XXVII Avenue,Hyannis,MA in an RF-1 Residential F-1 Zoning District. lice of said Court. Chapter 131,Section 40,and Article XXVII MSRP MSSF from off-site lots and Hyannis Terminal. 8:00 P.M. H annis ort Club Appeal Number 1997-57 Date: May 1, 1997 P of the Town of Barnstable Ordinances, the of the Town of Barnstable Ordinances,the y P pP y of the Town of Barnstable Ordinances,the Must have valid Class 2 driver's license The Hyannisport Club has petitioned to the Zoning Board of Appeals for a Special Permit Conservation Commission will hold a public Conservation Commission will make a De- TM Conservation Commission will hold a public hearing on the application of William&Ruth termination of Applicability on the application Honda Harmony H2o13HD11 ,, with CDL endorsement.Minimum one � pursuant to Section 4-4.5(2)Expansion of a Pre-Existing Nonconforming Use.The petitioner hearing on the application of D.M.Griffin,Jr. seeks to construct a 20'x 24'pro shop with 10'x 7'toilet all with variable width,deck and g pP Cutcliffe, 10 Beech Ridge,Clifton Park,NY of Evelyn Waldron, Lot A. 882 Main St., year's experience operating school bus Frederic P.Claussen 70 Crestview Circle,Centerville, MA(con- (construct single family dwelling and garage Cotuit, MA(relocate&transplant shrubs& • ramp on three sides as shown on plan.The property is shown on Assessor's Map 266,Parcel strut parking spaces,drainage system,rip- � person- I N Register of Probate c P 9 P ,d 9 Ywith retaining walls and septic system,land- trees)at Map 35 Parcel 82,Lot A,882 Main Riding Mowers t or heavy equipment.Must it 031 and is commonly addressed as 2 Irving Avenue,Hyannisport,MA in an RF-1 Residential rapretaining wall and littercontainmentfence) p g appurtenances) p 9 sca in and all a urtenances)at Ma 98 St.,Cotuit. The Determination will be con- • able and able is get along with travel- F-1 Zoning District. The Barnstable Patriot at Map 294 Parcel 62. 20 Independence Parcel 23-3, 1837 South County Road,Os- sidered at the Conservation Commission • Honda 11 hp OHV ing public.Seasonal position,starting 8:05 P.M. Hyannisport Club Appeal Number 1997-58 The H annis ort Club has petitioned to the Zoning Board of Appeals for a S eclat Permit May 15, 1997 Drive,Hyannis,MA.The Hearing will be held terville, MA. The Hearing will be held on Meeting on Wednesday, May 28, 1997 at y immediately, 40+ hours per week, y p p g App p Commercial grade engine pursuant to Section 3-1.3(3)(A)Conditional Uses-Public or private regulation golf courses on Wednesday,May 28,1997 at 7:15 P.M. Wednesday,May 28, 1997 at 8:00 P.M.in 6:30 P.M.in the Hearin Room at Town Hall, g g in the Hearin Room at Town Hall,367 Main y y g � `z $8.00 per hour. subject to the provisions of Section 3-1.1(3)(B)and Section 3-1.1(3)(B)Conditional Uses- g the Hearing Room at Town Hall, 367 Main 367 Main St., Hyannis. A plan of the pro- • Heavy-duty 30" St.,Hyannis. A Ian of the proposed project •• Public or private regulation golf courses,or in the alternative Section 4-4.5(2)Nonconforming TOWN OF BARNSTABLE Y P P P P J St.,Hyannis. A plan of the proposed project posed project is on file with the Conserve- Interested patties Should Contact Phllllp Use-Expansion of « Pre-Existing Nonconforming (see Appeal Number 1997-57). The CONSERVATION COMMISSION isonfilewiththeConservationCommission. is on file with the Conservation Commission. tion Commission. mowing deck De erS petitioner seeks to construct a 25'x 40'storage shed in connection with the golf operation. NOTICE OF PUBLIC HEARING • 6 height adjustments J.Parent,Personnel Manager,Steam Z O T U S We U Sl rs/Cons AllL nts :::. The property is shown on Assessor's Ma 266,Parcel 031 and is common) addressed as Dr.Eric Strauss,Chairman Dr.Eric Strauss,Chairman g ship Authority, P.O. Box 284, Woods p p Y P Y Dr.Eric Strauss,Chairman "+:1.� Hole,MA 02543 Technologies, Inc. 2 Irving Avenue,Hyannisport,MA in an RF-1 Residential F-1 Zoning District. Acting under the provisions of General Law H1011 SA 8:15 P.M. Jasset Appeal Number 1997-59 Chapter 131,Section 40,and Article XXVII The Barnstable Patriot The Barnstable Patriot YER I "I N T E R N E T ADVERTISING S P E C I A L I S T S IP John P. Jasset(d/b/a Off the Beaten Path Cafe)has petitioned to the Zoning Board of of the Town of Barnstable Ordinances,the The Barnstable Patriot May 15, 1997 May 15, 1997 •Electric start EQUALAN OPPORTUNITY � • Appeals for a Modification of Special Permit 1985-54,the condition"no liquor license". The Conservation Commission will make a De- May 15, 1997 petitioner is seeking a liquor license in conjunction with the food service. The property is termination of Applicability on the application •5-speed Shift-Onl-the-go transmission shown on Assessor's Ma 307,Parcel 046 and is common) addressed as 167 Sea Street, of Donna Parker,149 Grove St.,Cotuit,MA TOWN OF BARNSTABLE �� t' p y TOWN OF BARNSTABLE Hyannis, MA in an RB Residential B Zoning District. (unpermitted garden shed)at Map 19 Parcel TOWN OF BARNSTABLE CONSERVATION COMMISSION 8:30 P.M. Larson eat Number 1997-60 022,149GroveSt.,Cotuit. The CONSERVATION COMMISSION NOTICE OF PUBLIC HEARING CONSERVATION COMMISSION $1�,r1�� $1599EvidsMlay • , 1 Appeal NOTICE OF PUBLIC HEARING ����++���`++ Carolyn S. Larson has petitioned to the Zoning Board of Appeals for a Special Permit tion will be considered at the Conservation NOTICE OF PUBLIC HEARING19011111111111111ft" pursuant to Section 4-1.2 Special Permit Re wired/Certain Accessory Uses. The petitioner Commission Meeting on Wednesday, May Acting under the provisions of General Law MSRP MSSP • p p q ry P Actin under the provisions of General Law Ton] Russett can11 seeks relief to obtain a building permit to construct a new 24'x 32'storage/garage on a lot 28, 1997 at 6:30 P.M.in the Hearing Room Acting under the provisions of General Law Chapter 131,Section 40,and Article XXVII 9 P separate from the lot it serves. The property is shown on Assessor's Map 124,Parcel 055 at Town Hall,367 Main St.,Hyannis. A plan Chapter 131,Section 40,and Article XXVII of the Town of Barnstable Ordinances, the of Town oer 131,SBamstableection 40,aOrdnd n Ordinances,thecle • • and is commonly addressed as 40 FairAcres Drive,Marstons Mills,MA in an RF Residential of the proposed project is on file with the of the Town of Barnstable Ordinances,the Conservation Commission will hold a public f hearing on the application of Richard P. Conservation Commission will make a De- Get It Over With. reduce your 'n tcF Zoning District. Conservation Commission. Conservation Commission will hold a public g PP termination ofA Ilcabilit on then lication (I p ClOsll1 COs W _._ hearing on the application of Chris Bullock, Callahan, Trustee, c/o Oxbow Realty Inc., PP Y PP Your authorized Honda Power E ul ment dealers: Get a Honda. r 8:45 P.M. Carter Appeal Number 1997-61 of Susan Falkson,132(129)Lakeside Drive Jack Carter, Trustee for Jabil RealtyTrust(d/b/a Hyannis Toyota)has petitioned to the 2S3 S.E.Wells Road,Stuart,FL(construct 775 Canton St.,Norwood,MA(extend con- Y y P single famil dwellin subsurface septic s s Crete patio,second story deck overhang at West, Centerville, MA (install post & rail Zoning Board of Appeals for a Special Permit in accordance with Section 4-4.5(2)Expansion Dr.Eric Strauss,Chairman g y g' p Y existing beach house, remove & replace fence,planting and vista pruning)at Map 232For a limited time, apply for any One Point ARM of a Pre-Existing Nonconforming Use. The petitioner is seeking to expand the existing tern&perviousdrive)atMap227Parcel143, 9 P 9 9 P g P g 61 Pheasant Way, Centerville, MA. The dead pine tree, reinforce existing plantings Parcel 75, 132(129)Lakeside Drive West, Crowell's The Village Shop program and pay only 1/2 point. For more information,automobile business by an addition of 5,598 sq.ft.for use as a service area. The property The Barnstable Patriot Flearing will be held on Wednesday,May 28, with indigenous grasses&plantings)at Map Centerville. The Determination will be con- give Tom a call. is shown on Assessor's Map 294,Parcel 003 and is commonly addressed as 1020lyanough May 15, 1997 70 Parcel 14, 177 Sea uit River Road,Os- sidered at the Conservation Commission g Road(Route 132),Hyannis, MA in an HB Highway Business Zoning District. 1997 at 7:00 P.M. in the Hearing Room at P Lawnmower and Rentals 411 Route 6A Town Hall,367 Main St.,Hyannis. A Ian of terville, MA. The Hearing will be held on Meeting on Wednesday, May 28, 1997 at These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367 y p Wednesday,May 28, 1997 at 7:45 P.M.in 6:30 P.M.in the Hearing Room at Town Hall, Main Street, Hyannis, Massachusetts on Wednesday, May 28. 1997. All plans and - the proposed project is on file with the Con- 2O7 I anou h Road Rte. 28 East Sandwich y y y p 367 Main St., Hyannis. A Ian of the pro- may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, servation Commission. the Hearing Room at Town Hall, 367 Main Y P P Y ` ) The Sandwich St.,Hyannis. A plan of the proposed project posed project is on file with the Conserve- Hyannis •7755-2036 888-4136 J. Planning Department,230 South Street,Hyannis,MA. 9 out of 10 mice prefer the Consumer tion Commission. ��.Co-operatiye Bank g P y Information Catalog online.Catch it is on file with the Conservation Commission. Gail Nightingale,Chairman t www.pueblo.gsa.gov. Zoning Board of Appeals a Dr.Eric Strauss,Chairman Dr.Eric Strauss,Chairman Dr.Eric Strauss,Chairman The bank you can count on. A 'Finanang is available on approved coedit via the Honda Power Equipment MasterCard credit card issued by Dial National Bank.No linance charge 4 purchase is paid in full within 6 months;otherwise u U.S.General finance charges accrue from date of purchase.The APR may vary.As of 111/97 the APR was 15.1%.See your participating Hord&Power Equpmnt Dealer for details. T0111'3 direct line:(508) 771-0302 .it Services The Barnstable Patriot The Barnstable Patriot The Barnstable Patriot tManufacturers Suggested Retail Pric:e/Manufacturem Suggested Sale Price.This offer is good through 4/30197.Not aN dealers carry all products.Consult your local Yellow Pages. 1 The Barnstable Patriot Administration Ma 15, 1997 For optimum performance and safery,please read the owners manual before operating your Honda Power Equipment.01997 American Honda Motor Co.,Inc. www.sandwichbank.com May 8&May 15, 1997 � May 15, 1997 May 15, 1997 Y Member FDIC PAGE 4 The �3arngtabte Patriot MAY 15, 1997 MAY 15, 1997 The JSarngtable J)atriot . PAGE 5 --— - ----- ------- ------- ', 'Jbe �1 i,_ Patriot � EARLY FILES • • • 11 �. — Founded in 1OJO — I ,�F4—Z—O�A�-J t .:�s' , I'' 1907 Furniture and equipment for the new � - - - ;;26 V 4! re ve%t ,:4, . ., I 1i Ice formed hereabouts on Saturday town building in Hyannis arrived this Published Weekly night,ht, full one- uarter inch thick. week. 11. of math as nothing more than a te- field,after all,is mnemonics, ing, decent people have been sent b g Y q May Day Festival:The biennial fes- By Paul Duffy � dious minor skill useful only to gro- Is it true,they ask,that only seven into the world well knowing who y Sunday was a beautiful day but cool. I Cornerstone Communications Co.,Inc.at Pupils of Principal Johnson of the tval given by Hyannis Normal school z Dear Friends: sets doing sums on brawn paper bags, Catholics in all the world can name made it, but unable to identify its 326 Main Street Hyannis,Massachusetts P P will take place under the campus wil- Once again I am moved to write to it was unlikely you would conceive the primary colors? Is it true that principal colors. ` Y Training School hung a May basket to lows tomorrow. Its theme is those of you who came up through a passion for the elegant turns in most Catholics are color blind?Is it And these are the same unfortu- Tel:(508)771-1427 Fax:(508)790 3997 E-mail barn at@ca e.com him Wednesda ni ht and teats ort ,; P P Y g g P "Springtime's Call to Us to Grow." < ' the Catholic school system and have calculus.And if all the mysteries of true that most Catholics think the nate people who think Cortez went to was the result.After being caught,the Miss Annie Crowell teacher of h si- 11 now reached a certain age without the natural world could be explained, primary colors are black and white? x' t collect i f - PUBLISHERS bo s and iris s ent a leasant hour P Y ., g P P ry Mexico 0dimes or his mite Y g P P cal education,is directing the festival. = % the earl benefit of disci lines the Wore or less b reference to Scri Is it true that Catholics think c I i h t Robert F.Sennott,Jr. Toni Gile Sennott e g e y p y p o or s box,and, God elp hem, will never J with Mr. and Mrs. Johnson m their = xs �; rest of us took for granted.I'm think- ture,then who cared about the evo- a sin?' And on and on in this vein. know how long it took a boy pad- home. 1937 t"� a EDITOR David Still II mg particularly of mathematics,ge lution of species,the violent birth of And of course the .answers are no, dung a canoe at four miles an hour to ; A special town meeting was held by .- EDITORIAL ADVERTISING About 250 members of the WPA �: -- ography,history,and science. stars or anv of that other trendy non- no,and no again.But I fear that my go three and a half miles up a stream Barnstable citizens Tuesday and it was , s, Lucinda S.Harrison Representative - * _ - M purpose, as always, is not to sense? answers fall on ears that have be- that is flowing against him at a rate of i Jeff Blanchard Reporter p voted to have the State Highway Com- executive office staff gave a testimo • g Y f YP � Y gg la blame, stir contrivers or o en But ou mi ht ask who am I come dee 1 re udiced. one and a half miles an hour. s - .:1 Christopher D.Price Sports/Schools Cheryl Eastwood Representative mission build a section of hi hwa in nial dinner last night in Hotel Mellon, z. Y Y P Y g deeply prejudiced. „1`i'4 i g Y s w ;=a,. Sue Young Editorial Assistant Fall River,for Robert F.Cross of Os- aF:> old wounds but to suggest to you that Roy G.Biv,to speak of these things What is true is that the name Roy These same people,I am told,areR„s„ the town.Edward L.Chase was mod_ r ,_ geometry was never just a board game m the first place?I am the product of G.Br✓was unknown to at least two usually no less ignorant of HOMES, i speak- terville, who retires at the end of this g tr J g P P g -iF OFFICE MANAGER LEGAL ADS/BILLING erator of the meeting and chief spe for rainy afternoons. And that while public schools and am not,myself,a generations of Catholic schoolchil- that warm and friendly mnemonic Anne M.Stucke Barbara J.Henni an ers were:Selectman E.W.Lovell,John week as Regional WPA director for J g this district.It was a great surprise for -''; > ,; ` '� . it is tnie that Bolivia has long been a Catholic. This is a question I have dren..And my own random research by which the rest of us are so readily DESIGNlPRODUCTIONMRNAGER D.W.Bodfish;J.Milton Leonard,M.N. I:' f:.'. ma•ortin-tin-producing country,the stud worried over, and can find the only suggests that very few,if an Catho able to name the Great Lakes-Huron = Harris, John Bursle and Andrew Mr.Cross as not only his staff but staffIff's ( J P g Y Y gg rY Y> Kristen E.vonHentschel y members from Hyannis,Brockton and F i. of the world's geography has yielded answer in my curious name.For it is lies can name all the primary colors. Ontario, Michigan, Erie and Supe- Lawrence. insi hts that su ass even this coin- in m name, considered as an acro- And, es,it is true that man Catho- riot. How can one ex eet to live Pub. No. USPS O44-480 Boston also attended. g rP Y Y P 1917 Louis F. Swift, former president of pelling fact. nym,that one meets the perfect mne- tics think black and white are two of successfully in today',s world with- Periodical Postage paid at the Buzzards Bay Post Office When Sister Mar Ignatius'world monk for the primary colors. And the primary colors,although quite a out this knowledge?and at additional entry offices. In Cape Cod Bay at the breakwater the great Chicago packing house and a 1 Y b P Y P Y g q g Terms:$21.00 per year in advance near the Canal,two good-sized whales native of Sagamore died Tuesday in history review failed to mention the so it was that millions of public school few also name puce and magenta. As a child of the century, my re- y S Spanish In Inquisition or the true ur- children came to know me,in a man I am too modest to argue that this mainin time in this colorful lake- We assume no financial responsibility for typographical errors in were recently seen feeding on herring. Chicago. He was son of Gustavus — P q P g g FROM THE BARNSTABLE PATRIOT,MAY 18,1967 pose of the Conquistadors' activi- ner of s eakin ROY G BIV-red, appalling ignorance of the primary filled world is short.But I can assure advertisements,but we will reprint that part of the advertisement A fisherman got the scare of his life Franklin Swift, founder of Swift and P q P g- pp g .g p � ry in which the error occurs. when one of the whales came up along- Company. Louis followed his father JUNIOR PROM-Everyone agreed that Barnstable High School's Junior ties in the New World,there was no orange, yellow,green,blue, indigo, colors among otherwise well-edu- you I will spend what time is left to send address changes to side of his boat.His first thought was in the meat business,first on the Cape Prom wasa greatone .Shown here are Prom Queen Cynthia Haynes(seated) dissembling on her part. You can't violet. sated Catholics is dearly related to me doing what I can to help the mne 111111 - POSTMA POSTMASTER: g and her court,from left,Karen Bednark,Dorothy Britto,Robin Zimmerman withhold what you don't have; no- A strange fate, and an honor. But an with m name.And, monically-challenged ed overcome their' THE BARNSTABLE PATRIOT it was a German submarine. and then in the mid-west. Y g Y Y g ,. P.O.Box 1208,Hyannis,MA 02601 L.B. Boston, manager of the Cape Danforth misses Disaster! William and Kathryn Thifault. body had told her, you see. stranger still that many of these chi I- frankly, I am now too old to care misfortune. PHOTO COURTESY THE CAPE COD CHAPTER OF THE RETIRED OFFICERS ASSOCIATION Cod Farm Bureau, and Miss Elsie H.Danforth of Newton,summer resi Harbor-Mussel Point area on the North The same sort of thing was at work age, now well along into middle very much. Vanity, even h mne- e Gi.G6'L2+ CONGRATULATIONS-Barnstable High School graduate dent of Oyster Harbors, was one of 1957 in the teaching of mathematics and age,have turned to me,Roy G.Biv, monies,is for the young.What.mat- e4iL42GZr�e� g g duate Lindsay Bateman I Member New England Press Assoc., National Trabue, secretary of the home eco- Y side. is presented with a$1,000 scholarship by COL Ruth L.Simmons,USA Ret.of Newspaper those who had booked assa a on the Firemen from several de departments science. If you were taught to think for answers that I do not have. My ters is that legions of intelligent,car- nomicsdepartment,gave talks on what passage P Hyannis Attorney Richard O. Staff X a# 0, 16r u the Cape Cod Chapter of the Retired Officers Association at the annual dinner agriculture should be practiced here ill-fated zeppelin "Hindenburg." He in the Town of Barnstable were among was confirmed by the Governor's meeting on May 1. had been booked to travel with A. thousands who responded to calls for — -- - and what can be done to help the coin- P Council yesterday as associate judge The right stud makes sense munit in the resent crisis of food Linde Fowler,Boston golf writer and volunteers to fight the devastating of Barnstable First District Court. y Y P shortages,before the monthly meeting Francis Ouimet,noted golfer. woods fire in Plymouth. Betty McDonough of High Street, +� � � � � WV - I We have always supported a proper study of the services offered by of the Hyannis Board of Trade. 1947 Birds from the lofts of Steve Maslanka Cotuit, is president of Women Radio the town's five fire districts. Such a study would need the involvement Trustees are making a few changes and Fred Seaman of Centerville came Operators of New England. of all five districts as well as the town in forming the request for in the interior of the Hyannis public Lt. Thurlow Baker Bearse of the in first and third, respectively, in the Frederic Clausen will read a paper 0d'J7AN 104 wants to sen d yo a to Las Vegas!!!proposals. library building in order to get addi- United States Naval Reserve has been first race of Cape Cod Homing Pigeon on"Charles L.Gifford:Cotuit's Own t` In the "deal" brokered in 1995 to remove a non-binding referendum tional room which the increased growth awarded the Bronze Star Medal by the Club held Saturday. Congressman for 25 years" at this 4 `' of the library demands. A partition is President of the United States formeri- week's meeting of the Santuit-Cotuit 4 �y� `�" � '(('� I Is from atown-wide ballot,representatives from all five fire districts,mostly 1967 11 #v employees, bargained for withdrawing the question in exchange fora to be taken down between the chang- torious service. Lt. Bearse is the son Historical Society. • + . commitment to chip in for an independent study.That deal conveniently ing room and the other side o the house. of Mr. and Mrs. Harry Bearse. Mr. Dana W. Wingren, a former foot- �' fella art in the chip in months because the Alliance had l authority to It is planned to make the front door the Bearse is proprietor of Bradford's ball star at the University of Maine, 1987 AHEAD�t U E N S �N/101UIF 'V*AA`� Ir CI vieCA�P g Y main entrance. Hardware Store. has been named to the football coach- A public hearing Tuesday,May 26, speak on behalf of the individual districts and the employees who sus- Word has been received from Wash- ing staff at Barnstable High School. will be held to obtain public comment 44, N" " ,, seeded in killing the question failed to support the study concept. 1927 ington of the appointment of George He will also teach English. on cablevision performance and fu- While it's true that four out of five districts voted down the idea of Enlargement of Hyannis fire district F. Swansey as the new postmaster of Barnstable Fire Department is now ture cable needs. The hearing is re- 41 , studying consolidation, it's also true that commitments made on behalf by the addition of Hyannisport is to be Hyannis effective immediately. garaging a 1952 brushbreaker,replac- quired by federal cable law as part of Just listen to Ocean 104 for the sound of the Roulette Wheel and then it's time to play With your help, of the districts were not kept. voted on at the annual meeting of the With its cast complete, "The Dam- ing the 1942 model it has been using. the refranchising process. 40 cc » MDA is building a tomorrow P Guess y our Way to Vegas without neuromuscular diseases. Enough history. district. Hyannis has a valuation of ask Cheek," final stage presentation Miss Bea Gordon of Osterville has Selectmen today formed a "Man- The numbers that COMM prudential committee candidate Gary Lo- $4,388,650,Hyannisportof$1,199,000. this season of the Barnstable Comedy purchased the Little Fan Gift Shop on agement Advisory Board"of 1 I mem- 1 Mom® It is assured that the change would ben- Club is well into rehearsal. Doris St. Main Street,Hyannis. hers to assist them in long-range plan- Muscular Dystrophy Association pez have presented give a skewed look at the true cost of fire districts. y P g policy - .- Then, Ocean 104 will play a popular song sung by someone you wouldn 't klnow for their Included in his numbers for Barnstable's districts are all costs that could efit insurance rates in H annis ort as Coeur, director, states that she feels 1977 Win and olic formation. r 1-800-572-1717 well as reduce the tax rate in Hyannis. that this sparkling comedy of New The Cotuit Grocery Co., a fixture � = �Y,' z possibly be thrown into the till - street lighting, capital debt, building Irving Nelson Linnell, son of Jo- York in 1909 will round out the sea- Natural Resources Officer TyRanta on Main Street,Cotuit for 80 years,is s -V singing ability. If you 're the correct caller with the name of the mystery siinger, y02d ll 4 maintenance,diesel,utilities,benefits and all sorts of other costs that are � �,"' p 7 p y seph Linnell,has been appointed United son well started by"Fresh Fields"and reports he's located close to 80 to 100 being sold.Arcadia Realty of Marstons W In a air 0 movie aSSE,S t0 HO t'S Cinemas, Patriot Square, South Dennis. not reflected in the costs pulled for comparison to other towns. States Consul General to Canada. "Ladies in Retirement." acres of blue mussels in Barnstable Mills is handling the sale. F, 1 _ The figures used for other districts represent, almost exclusively, per- 4 I °* S, •1 sonnet costs associated with the districts. As town departments, some . " Then, you'll be entered to win the grand prize, a four night stay for two in Las Vegas 9 out of 10 mice regular operational costs to keep buildings standing, lit and heated are "" caLried in other municipal budgets, as are insurance costs and the like. CAPE , 1I'll g�- courtesy of TNT Vacations and Cape Cod Carlson Wagonlit Travel Prefer the Consumer At Monday night's candidate forum, sponsored by the civic associa- )„ a Information Catalog tions of the district,many took the opportunity to skewer Lopez and his AROUND THE COMMENT BEAT: Now that remember dancing in the Rainbow Room, West the organizers of the program are sure to see more 47 .1Online. Catch it at numbers. the feisty Mary-Jo Avellar has stormed back into the Yarmouth. interest when people learn there is at least one regis- APETravel" C AN 104 , The room was indeed stacked with people loyal to the districts and political arena in Provincetown,Cape-enders should ••• tered offender, a child molester, known to frequent COD ~ r 1 l Puebla.g .gOV. their continued existence. Most of the questions were asked in such a be prepared for warfare between the columnist- NEWSQUOTES: "We just don't have the man- ball fields in the village of Pocasset...Just Wondering 4 Carlson TN wayas to resent the"reform"candidates in a bad light while bolstering turned-selectman and the publisher of the Province- power to sit there and babysit people at the fish Dept.: Whatever happened to the newspeople who Wa Opllit VACATI S U.S.general P g g g WOCN 1(k3.9 FM Services -1 candidates with an interest in prolonging the districts. It seemed more town Banner, rival of Avellar's former boss, the ladder."-Harwich Natural Resources Officer Tho- wrote under the following well-known bylines on the Administration like a gang mugging than a candidates night, but that's part of the Provincetown Advocate.It was Avellar who led the mas Leach on juvenile eel poaching at herring run Cape: Ray Rogers, Art Ristau, Helen Egan, JoeiYl9 � ��� drive to win voter acceptance to decide the Cape In Cape Cod Chronicle Sherman and Peter Owens...A clarion call for youth —� democratic process.The world is run by those who show up.When there P P ( p )• Y are organizations and unions involved, it's much easier to rally. Cod Commission's future in Provincetown by refer- "...Dennis selectmen looked political correctness to step forward and sound off.A Chathamite is con- endum sometime in 1988. During the campaign, in the eye and didn't blink." - Lisa Shilo Chase's cemed that youth is not blossoming in the town's That said,the 2,000 or more voters expected to turn out for the COMM "- _ ` - - ------- Banner publisher Alix Ritchie ripped Avellar by lead of story on Dennis Braille Trail controversy. government.Dean Glick,in a letter to The Cape Cod %1111, bs Instruction in A�I Instruments Voice election on Monday cannot, by the sheer number, all be affiliated with describing her as a candidate who has"either a poor (In The Register.) Chronicle,stated"an objective in electing selectmen ,c t +: l7erirag Professions the district. memory or chooses to distort the past; either can't ••• should be to have some young,well-qualified people. I N�1 r11 GROVER �r O �t 1 What is clear is that there is a well defined schism between those who read or purposely distorts the facts and is leading the CHOWDAH BOWL: What do Mother's rings At present,the average age is almost 70, and that is HEN IT COMES TO QUALITY CARE, -_ _ F Enroll now in our 8 week support the districts and those who do not. What is also clear is that charge for Provincetown to return to the 1950s, and a jewelry store have in common with a crematory much too old."... Earlier this month there was a WE'RE SETTING HIGHER STANDARDS. P R 0 P E R T I E S summer program without an independent study of fire district operations in the town, it Republican-style isolationist, Cold War attitude." and a cemetery?Absolutely nothing,unless they are mention here of the 70-year old Orleans jogger who Z) I -e ss sM.,.,. .. At Cape Comprehensive Subacute asses ;,, Opera, ea will be a recurring and divisive debate. Ritchie concluded her slap by describing Avellar's advertisement items and wind up with each other. completed the Boston Marathon's 101st run. Last 'Q n Group CI p Theater&Instrumental Regency Part and parcel to the study is a commitment from individual districts, take-charge as "demogogic retro leadership into That's what happened when a newspaper published a week we learned that 71-year old Alice Salos of Services CIJMMAQiJ ID shoo grandstanding instead of serious problem Mother's Da advertisement for rings adjacent to a Chatham" owerwalked"thecourseandraised$3,500 Nursing and Stunning contemporary overlooking from those with the authority to act,to accept the recommendation such a Y g g P Y g J P I.V.Therapies-central lines, g p y g solving. Oh well, guess nothing has changed. Ex- jewelry store ad,both of them laced next to adver- for hospice. Rehabilitation Center,clinical Call 508-778-4517 study would generate. The ultimate decision would remain with voters, g g g g J rY P P antibiotics and hydration. Cape Cod Bay. 2 acres of privacy and ... excellence and absolute but it takes a willingness to put the question properly before them. cept that this is coming from someone I thought was tisements for a crematorium and a cemetery... If Chronic Respiratory Care/ exceptional views. $825,000. �: "Post: Office Square"30 Camp Opechee Road, Centerville, MA 02632 g better than that."Avellar,in her column prior to the college rowing is your favorite spectator sport,skip PRESS SPEAKS OUT: "Take a look at the bal- attention to detail distinguish and Harwich Junior Theater DS II Tracheostomy Care 508.362.1155 election, explained that the reason for her disen- across the Cape Canal to Bournedale where the popu- lot for the May 20 town election... there are no our subacute healthcare . Wound Management , .11 chantment with the Cape Cod Commission was its lar Massachusetts Maritime Academy women's crew contested races... Those who have chosen to make services:We are Medicare It'll be a well read report • Dialysis _-_ P action in the Patrick family land issue. "They trains every Wednesday on Herring Pond.Get there Truro their primary residence in recent years are and Medicaid certified, This year, the annual reports of the town of Barnstable will likely be [Patricks]asked CCC for help.Instead of help they early because the crews are rowing at the crack of right to be concerned about what goes on in their handle all third party Chemotherapy/Radiation Specializing in Village, Golf&Wager Oriented Properties one of the hottest commodities going. Why? The last 40 pages, which were kicked around and humiliated,"she wrote."As dawn... So you always thought Chatham had the town and how it affects them, but far too few are insurance billing,and are Comprehensive Rehabilita- detail department by department the salaries of all municipal employ- the commission stonewalled... the Patricks were dubious honor of being the foggiest spot on the Cape winning to contribute their own time and energy."- Blue Cross and Harvard forced into bankruptcy." Avellar charged that the and Islands?No way!Nantucket?Wrong again.Au- Provincetown Banner. tion Services ees, from police to teachers to the part-time gate beach attendants. .0• Pilgrim Health Care Interdisciplinary commission's failure to work with the Patricks"calls thor Noel Beyle, who pens the"Rear Window"col- p lnary Team Approach The inclusion of the salaries, the first time in generations that such into serious doubt its real mission."Thus,the stage umn for The Cape Codder, says Maine is the Fog ANSWER TO QUERY: Martha's Vineyard approved. To find out more . Physical Therapy P information has been published by the town, was something of a last is set for shootouts between two powerful rivals on Capital...Many towns are complying with demands ••• about Cape Regency,contact Your Trees? Call Occupational Thera Attacking' Are Insects and Disease ' a Barryminute addition. Actin Town Mana er James Tinsle ,Assistant Town us throw hi our c py g g Y the Provincetown waterfront. for registration of convicted sex offenders.Bourne is QUOTEBOOK: "Tears are the silent language g • Speech Therapy Manager Mary Jacobs and town council administrative assistant John ••• among them.So,when Bourne Police called a meet- of grief." Admissions Director, . Respiratory Therapy Allenby-Davey has been caring for trees and shrubs in the Anderson were attending a cable meeting in Yarmouth and were im- YOU KNOW YOUR CAPE AND ISLANDS if ing of citizens to discuss an information program on Cape Regency, ICape Cod area for over 40 years. Our certified arborists pressed that the salaries were included in that town's report. you can locate the Felix Neck Wildlife Sanctuary. the issue only THREE persons bothered to attend. Ed Semprini is a retired newspaper, TV and radio 120 South.Main Street, General Medical &24 Hour have the expertise to bring With some extra pages available in the printing bid, a decision was Answer below... You're up there, Morris, if you Sergeant Charles Noyes told the Bourne Enterprise newsman living in Hyannis. Centerville,MA 02632; M p g your trees and shrubs to life. � : Nursing Care quickly made to put all employee earnings in the report.Questions were or call(508)778-1835. See us for: w posed to the town attorney regarding fair labor practices, and the word Restorative Nursing • Insect and Disease Control 0� #.a came back OK, because town salaries are part of the public record. Touehin Hearts... Hospice • Deep-hoot Fertilization �i/f/1 Knowledge of the publication was not widely known throughout town r = Enriehiin Lives g, • Quality Pruning - - °i hall and the school department, but word spread fast. Comments of g Respite Care . Large Tree Transplanting / ", employees we talked with ranged from "It'll be interesting read" Alva lacks skills to manage following picture: The water depart- for that same project, $250,000 more The major symptoms of allergies p gr3 l .z g y g COMM Water ment faces a $250,000 water income than two ears ago. include sneezing;an intchy,runny and Long-Term Geriatric Care g, + Cabling, Removals and More, � ( s 11. Y:ro<.g to "It's a waste of paper." Regardless of what employees think, the Y g �� ` ; k a;` a a: Two years ago Anthony Alva,Tom shortfall this year,but Alva still wants The current caretakers of the stuffy nose;itchy,watery,swollen eyes, ,: � residents appreciate the information. After all, it is their money. Dolbyand Jack Bergin engaged in a to make good on a campaign romise district's water manage b crisis.Alva and symptoms of asthma-sou hin ham. ggP g Yg g> Cali 508-548-2662 The inclusion of salaries will be an annual item in the town reports, nasty recall campaign that removed a to reduce water rates.The"secret"wa- has neither the ability or management wheezing,chest congestion and short- 19 ��NBY'DAr G i perhaps with a better break down of base and overtime earnings. It's an COMM Water Commission. The trio ter rate stud (secret because no other skills to protect and oversee our water ness of breath.Headaches,sore throat, /j p �j�j/` 996 E.Falmouth Hwy,E.Falmouth MA Or. 800-439-2662 important step for the town and de-mystifies the whole subject of town Y P GG G �/(i(i l P P Y J levied charges and innuendoes against district board has et to see a final system and its work force. When in sinus pressure, malaise, fatigue and �l Joint Commission ,I MM ,1 salaries.Although employees are understandably uncomfortable with the gy that board and its water superinten- copy) must have concluded that a 10 crisis (which is daily) he runs to the difficulty concentrating are not major on Accredla,on of Hedthc.n Orye r.Non. new practice, after a few years it won't be as traumatic. It will just be. dent of land deals, profiteering, etc. percent reduction would be put in place. local press for a sympathetic ear-which symptoms but often occur as a result I NURSING AND REHABILITATION CENTER DS II For the past two years Alva's board The plan: 1.no discount on the first$60 appears is always given. of the major allergy symptoms. Barry Tate is a &T Mortgage cis has conducted its own"investigation" (sixty dollars) minimum use. Over 40 On the upbeat side I would like to Treatments for allergies and asthma .< : CCB M rt e Specialist who can provide you with over 75 money saving trying to make these charges stick. percent of COMM water users fall into relate that the Prudential Committee are safer and more effective than ever P Y y g Y Y Y category. g P Y g majority options ona home mortgage. He will be happy to The have not! Why? Because the this sate o So-no reduction for the is continuing its rodent ways as the and allow the overwhelming ma'orit i Next Week in Tbe Patriot were contrived and false to begin with. small user; 2. the median residential district's executive branch,and for the of allergic people to live normal,com- FOR THE NEWS THAT AFFECTS YOU, SUBSCRIBE TO... Not one legal charge was ever brought user will save a whopping$3.50(three fourth consecutive year has reduced fortable lives. Alternative treatmentsLettersmeet with you at your convenience. against that board. dollars and fifty cents) per year; 3. your tax rate.What other governmen- for allergies are being tried much more r - Just call him at 1-800-458-5 1 00, Ext. 104. Now attorney Alva has conducted large users will benefit most.This plan tal body, town, county, state or fed- Tbr �arw5table Vatriot , editor 9 another"investigation"into employee encourages heavy,wasteful use,rather eral,can make that statement? Continued on page 6 It could be the most rewarding financial Barnstable High Schools Insight... water meter tampering.A self-appointed than a conservation of water approach. Carlton Crocker leners to the editor. Please 4,,,/,- g jury judge. P g Box 1208, HYANNIS, MA 02601 meeting you will have this year. investigator, u and •ud e. But the Another point. At district meeting Prudential Committee Member, The Barnstable Patriot welcomes y The voice of Barnstable High School in the pages of The truth is, we still don't know the facts several years ago voters approved a COMM letters to the editor.Please keep themprint them neath% Patriot. Stories and OpiriioriS from the Student newspaper... because he has kept them secret. Was $350,000(three hundred and fifty thou- Allergy Clarification brief(250 word limit)and either type ❑ $21.00 ONE YEAR ❑ $40.00 TWO YEARS there "just cause" to fire employees? sand dollar) expenditure to refurbish I was pleased-and surprised-to read or print them neatly. Include name, 5ZTO� Real Sales... One Water Commissioner says no. the water storage tank on Shoot Flying the article on allergies in the May 1st address and telephone number.Anony- NAME — � will not be but CAPE COD BANK Our bi-weekly real estate section will feature a 10-year- Alva claimed COMM water rates Hill Road. In spite of warnings con- issue of the Barnstable Patriot.I would mous letters will not be published,but STREET _ were among the Cape's highest(a false ceming escalating costs,Alva's board like to clarify one of the quotes as- names will be withheld upon request. AND TRUST COMPANY Old Colonial on the road to Sandy NeCk... statement uncovered at district meet- said the work was unnecessary at that cribed to me. Corrections I had made We reserve the right to edit all submis- TOWN _ __STATE Z1P ----- ing), and promised a rate reduction. time. Now that board is asking the to this article were omitted and I'd lions. The Barnstable Patriot, P.O. TELEPHONE '01 _ Now you tell me what's wrong with the year's voters to approve over$600,000 like to set the record straight. Box 1208, Hyannis, MA 02601. Ivtember FFDIC - LENDER