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0923 SEA VIEW AVENUE - MISC STREET FILE
a3 Se-&yv 1 L.cj-c�I I (� S',A e- � 1 TOWN OF BARNSTABLE 1ARISTLU _ OFFICE OF TOWN ATTORNEY r�e9. i699• 367 MAIN STREET °e�ata. HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D. SMITH, Town Attorney TEL. (508)775.1120 Ext. 128 RUTH J. WEIL, Assistant Town Attorney NIGHT LINE-AFTER 4:30 P.M. CLAIRE R. GRIFFEN, Legal Assistant (508)775-7570 EILEEN S. MOLLICA, Legal Clerk FAX #(508)775-3344 July 11 , 1990 Barbara Gruenthal, Esq. Attorney at Law Goodwin, Proctor & Hoar Exchange Place - 53 State Street - oston, Ma. 02109 Re: Carmen W. Elio and Elaine Elio v. Foy, et al = -•= Land Court (Barnstable County) , C.A. No. 1322-681; ``.'Re-scheduling of Deposition of: Joseph Daluz, B1dg.Cmsr. File Ref. : 88-0083 Dear Ms. Gruenthal: This is to confirm our conversation of July 3 , 1990 regarding the continuation of Barnstable Building Commissioner Joseph Daluz 's deposition in the above matter. I advised you that Mr. Daluz is scheduled to go to NAACP Convention on that date. You agreed to reschedule the deposition for sometime in August, 1990. Would you please advise us at your convenience what date said deposition has been rescheduled. Thank you. Si r�c erely, 1� RJW:cg Ruth J. Weil; Encs . Assistant Town Attorney t,-c-c': Joseph Daluz, Building Commissioner O ,iLd Tomummealf4 of a,iflttr4nutts Barnstable 9S& Land Court Docket No. 13 2-6 81 CARMEN W. ELIO, et al. , Plaintiff(s) `& NOTICE OF RON S. JANS SON, et al. , TAKING DEPOSITION Defendant(s) Ruth J. Weil, Esq. Assistant Town Counsel Barnstable Town Hall To: 367 Main Street Hyannis, MA 02601 Please take notice that,at 10 o'clock a•m,on Tue sday, Julv 17 , 19 90 ,at the offices of_ Goodwin, Procter & Hoar Exchange Place Boston Massachusetts the plaintiffs in this action,by XX (ka') (its) attorney(s),will take the deposition upon oral examination of Joseph D. Daluz Mitchell Way Barnstable , Massachusetts , pursuant to the applicable provisions of the Massachusetts Rules of Civil Procedure, before Notary Public in and for the Commonwealth of Massachusetts, or before some other officer authorized by law to administer oaths. The oral examination will continue from day to day. ' until completed. You are invited to attend and cross-examine. Respectfully, -ffarie Lefton Attorney(o for CARMEN W. ELIO, et al. CERTIFICATE OF SERVICE I hereby certify that on June 28 , 19 90 , I served the above notice on the defendants in the above-entitled action by mailing a copy thereof, postage prepaid, to 151Y,(MX) (its) counsel of record, Ruth J. Weil Barnstable Town Hall, 367 Main Street, Hyannis, MA 02601 Marie e OU ''7Z2'T��— CC. Attorney(Q for CARMEN s ELIO, et al. LAWYERSSTATIONFV? ^.O. Form y60 f3-721 BOSTON,MASS. J�A, (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: TORT MOTOR VEHICLE TORT CONTRACT EQUITABLE.RELIEF OTHER COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT NO. 88-610 CARMEN ELIO et al vs. TOWN OF BARNSTABLE , BUILDING COMMISSIONER TOWN OF BARNSTABLE, and KATHERINE A. FOY SUMMONS AND ORDER OF NOTICE �ZJI'Y ATTEST �~ To the above-named Defendant Q DEPUTY You are heresy summoned and required to serve upon. Richard J . Yurko , Esquire . . . . plaintiff's attorney, whose address is .Sixty State Street , Bs�st.on, . Mas.sach.usett.s. . . 0.2I0.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • . . . . .. an answer to the complaint which is herewith served upon you. within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, 1 judgment by default will be taken against you for the relief demanded in the complaint.You are also required to ' file your answer to the complaint in the office of the*Clerk of this Court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. WE ALSO NOTIFY YOU that application has been made in said action,as appears in the complaint,for a preliminary injuction and that a hearing upon such application will be held at the Courthouse at . . . . .Barnstable. . . . . . . in the County of . . . . . . . . .Barnstable. . . . . . in the first session without jury of our said Court on . _ . .Thursday. . . . . the . . . . . thirt.ieth. . . day of' . . . . . . . June. . . . . . . . . . A. D. 19 8 8 at. . . U ;0 Q. . . . . . . . . o'clock A.M., at which you may appear and show cause why such application should not be granted. Witness,THOMAS R. MORSE, JR. • Esquire, at Barnstable, the . ,twenty—ninth day of . . . . . . . . . . . . . . .June. . . . . . . . . . . . . . . . . . in the year of our Lord one thousand nine hundred and eighty-eight Clerk NOTE: When more than one defendant is involved,the names of all defendants shall appear in the caption..11'a ! separate summons is used for each defendant, each should be addressed to the particular defendant. f *NOTICE TO DEFENDANT You need not appear personally ;n Court io answer the cornpiaint but it viiu claim to have a defer e, either you or your attorney must serve a copy of your written answer within 20 days as specified herein and also file the original in the Clerk's office. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss . SUPERIOR COURT CARMEN ELIO and ELAINE ELIO, Plaintiffs, Civil Action V. No. TOWN OF BARNSTABLE, JOSEPH D. DALUZ, as BARNSTABLE BUILDING COMMISSIONER, and KATHERINE A. FOY, Defendants . . . . . . . . . . . . . . . . . . . VERIFIED COMPLAINT AND r APPLICATION FOR INJUNCTIVE RELIEF PARTIES 1. Plaintiffs Carmen Elio and Elaine Elio are the owners and residents of the premises at 905 Seaview Avenue, Osterville, Massachusetts (hereinafter the "Elio property") . 2 . Defendant Town of Barnstable is a body politic organized under the Laws of the Commonwealth of Massachusetts . 3 . Defendant Joseph D. DaLuz is the Building Commissioner of the Town of Barnstable. At all times pertinent hereto, DaLuz acted in his capacity as building commissioner . 4 . Katherine A. Foy is the owner and one of the occupants of the premises at 923 Seaview Avenue, Osterville, Massachusetts (hereinafter the "Foy property") . The Foy I property is located adjacent to the Elio property. 4 FACTS 5 . The Foy property is situated within the RF-1 Zoning District in the Town of Barnstable. 6 . Section 3-1.3 of the Town of Barnstable Zoning By-Law (hereinafter "By-Law") provides that " [t]he following uses are permitted in the . . . RF-1 . . . Districts : A) Single-family residential dwelling (detached) " . Section 3-1.3 of the By-Law does not allow the use of property in the RF-1 Zoning District for commercial purposes . Section 3-1.3 of the By-Law is attached as Exhibit A. 7 . Section 7 of the By-Law defines a "Dwelling, Single Family" as " [a] detached residential building designed for and occupied by a single family. " Section 7 of the By-Law is attached as Exhibit B. 8 . Section 5-1. 1 of the By-Law provides that " [t]his by-law shall be enforced by the Building Commissioner of 'the Town of Barnstable or his designee. " Section 5-1. 1 of the By-Law is attached as Exhibit C. 9 . Rather than using the Foy property as a single-family residential dwelling, Foy is renting various rooms and buildings on the property to assorted tenants and lodgers, in direct violation of the By-Law. The property contains (a) a main house, (b) a garage with an associated apartment, and (c) a tool shed which has recently been converted into yet an additional apartment. 10 . Prior o to May 5, 1987, the plaintiffs requested that the building commissioner enforce the By-Law with respect to 2 - the Foy property. On or about May 5, 1987 the building commissioner wrote to the attorney for Foy, advising counsel for Foy that the "renting of rooms is not permitted in this area under the Town of Barnstable Zoning By-Law. " Attached as Exhibit D is a copy of the building commissioner ' s letter. Despite the evident violation of the By-Law, the commissioner took no enforcement action. On information and belief, the building commissioner was unwilling to take any action, or even to issue a decision declining to take action, because he did not choose to displace Foy' s unlawful tenants . 11. Foy continued to use her property in violation of the By-Law confident that the building inspector would fail to enforce the By-Law against her. In particular, Foy has from time to time rented out both the apartment over the garage and the rooms in the reconverted tool shed, all in violation of the By-Law. 12 . Foy has previously violated the By-Law by renting her property for commercial use for wedding receptions . 13 . Foy has now stated in writing, Exhibit E, that she will be renting the main house to tenants for two months beginning on or about July 1, 1988 . On information and belief and based upon her recent practice, Foy intends to live on the property in the apartment over her garage during July and August. Such rental of the main house while she- continues to live on the property directly violates the By-Law. This violation is both knowing and wilful . 3 • 4 14 . By letter dated June 14, 1988, plaintiffs ' counsel again requested the building commissioner of the Town of Barnstable to investigate the situation and to enforce the By-Laws of the Town of Barnstable. A copy of this letter is attached as Exhibit F. 15. The building commissioner has failed to enforce the By-Law with respect to Foy. By letter dated June 21, 1988, a ol copy of which is attached as Exhibit G, the building commissioner simply stated that he would respond to the request for enforcement at some unspecified later time. 16 . Repeatedly in the past, the building commissioner has refused to enforce the By-Law as to Foy and others, claiming that although their activities are in violation of the By-Law, he would not enforce the laws to eject unlawful tenants. On information and belief, the building commissioner plans to take the same approach in this instance, intending to wait until Foy' s tenant moves in and then declining to take enforcement action on the grounds that he will not disturb even, an unlawful tenant. 17. Counsel for plaintiffs contacted the Zoning Board of Appeals and was advised by the Secretary of the Zoning Board that the earliest the Zoning Board could hear an appeal from the building commissioner ' s inaction was August 11, 1988 . Without some preliminary injunctive relief, such an appeal would be to no avail because the unlawful tenancy would be at an end before the Zoning Board could decide the issue. 4 - 18 . The failure to enforce the By-Law will cause the plaintiffs and the public irreparable harm. The harm to the Elios and to the public at large of the failure to enforce the By-Law cannot be compensated by damages or other monetary relief. If the building commissioner follows his consistent practice, the By-Law will never be enforced against Foy because Foy' s violations during the summer months will always be accomplished and in place before any response on enforcement action will be made. 19 . Although the Elios shall continue to seek relief from the building commissioner and the Zoning Board, such relief will be nugatory unless the Court preliminarily enjoins the wilful violation of the By-Laws by the unlawful rental of the main house to tenants on July 1. WHEREFORE, the plaintiffs request that the Court grant the following relief: (a) Temporarily restrain and preliminarily enjoin defendant Foy from renting her property to Mr. O'Keefe on or about July 1, 1988; (b) Restrain the Town of Barnstable and Joseph D. DaLuz, as Barnstable building commissioner, from failing and refusing to enforce the By-Laws and direct that said parties require defendant Foy to comply with said By-Law; (c) Enjoin the Town of Barnstable and Joseph D. DaLuz, as Barnstable building Commissione r, from failing and refusing to enforce the Town' s Zoning By-Laws 5 - o concerning the use of single-family residential premises for any other use; (d) Enjoin the defendant Foy from renting portions of her property to other excepting,ersons rental P P g any of the entire Foy property to a single family; (e) Alternatively, issue a writ of mandamus requiring the Barnstable building commissioner to enforce the Zoning By-Law as provided therein; and (f) Order such other relief as may be just. CARMEN ELIO and ELAINE ELIO, By their attorneys, ichard J. o WIDETT, SL E GOLDMAN, P.C. Sixty State S eet Boston, MA 02109 (617) 227-7200 Dated: June 29 , 1988 VERIFICATION I hereby certify, under the pains and penalties of perjury, that the facts alleged in the foregoing complaint are true to the best of my knowledge, information and belief . CARMEN ELIO 4833m 6 - q ALLSTATE LEGAL SUPPLY CO.ONE COMMERCE DRIVE,CRANFDRD,NEW JERSEY 07016 (2) EOR11 • x � 3 Q D i m x r.: D ` . • EXHIBIT A ZONING- r3 BY-LAW e - 0� TN %o . P Q BARX s TABLE, p MASS. 16,3 TOWN Or BARNSTABLE MAS SACIIUSE'ITS Adopted: Special Town Meeting April 7, 1987 Approved: Attorney General September 14, 1987 As Amended ,; PRINTED ON CAPE COD AT THE PATRIOT PRESS, HYANNIS, MASS. EXHIBIT A (CONT) 3-1 3 RC, RD, RF-1 and RG Residential Districts 1 ) ' Principal Permitted Uses: The following uses are permitted in the RC, RD, RF-1 and RG Districts: A) Single-family residential dwelling (detached) . 2) Accessory Uses: The following uses are permitted as accessory uses In the RC, RD, RF-I and RG Districts: A) Keeping, stabling and maintenance of horses subject to the provisions of Section 3-1 . 1 (2) (B) herein. 3) Conditional Uses: The following uses are permitted as conditional uses In the RC, RD, RF-1 and RG Districts, provided a Special Perm i t It first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3.3 herein and subject to the specific standards for such conditional uses as required in this section: A) Public or private regulation golf courses subject to the provisions of Section 3-1 . 1 (3) (B) herein. B) Keeping, stabling and maintenance of horses in excess of the density provisions of Section 3-1. 1 (2) (B) (b) herein, either on the same or adjacent lot as the principal building to which such use is accessory. C) Family apartment subject to the provisions of Section 3- 1 . 1 (3) (D) herein. D) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use... . 4) Special Permit Uses: The following uses are permitted as special permit uses in the RC, RD, RF-1 and RG Districts, provided a Special Permit is first obtained from the Planning Board: A) Open Space Residential Developments subject to the provisions off Section 3-1 .6 herein. 5) Bulk Regulations: ZONING MIN.LOT MIN.LOT MIN.LOT MINIMUM YARD MAX111UM OLDG. DISTS. AREA FRONTAGE WIDTH SETBACKS IN FT. HEIGHT IN FT. SQ. FT. IN FT. IN FT------------------ FRONT SIDE REAR RC 43560 20 100 20 # 10 10 30 " . RD 43560 20 125 30 # 15 15 30 " RF-1 43560 20 125 30 N 15 15 30 " RG 65000 20 200 30 # 15 15 30 " " Or two and one-half (2-112) stories whichever is lesser. # 100 Ft. along Routes 28 and 132. 12 ALLSTATE LEGAL SUPPLY CO.ONE COMMERCE DRIVE,CRANFORD.NEw JERSEY 0701E (2) EDRII m x Q m co SECTION 6 ZONING MAP AMENDMENT PROCEDURES Any voter or group of voters seeking to amend the Zoning Map by petition to the Planning Board shall provide the Planning Board with necessary plans according to required specifications. SECTION 7 DEFINITIONS In the interpretation of this bylaw, the following words and terms are to be used and interpreted as defined herein unless the context otherwise requires: Apartment Unit: That portion of the floor area of a multi-family dwelling designed for occupancy by a single family and containing one ( 1 ) kitchen. Boathouse: A building used solely for the storage of boats and related equipment. Building Height: The vertical distance from the ground level to tiie plate. Dwelling, Single-Family: A detached residential building designed for and occ6pled, by a single family. Dwelling, Two-Family: A detached residential building designed for and occupied by two families. Family Apartment: A living unit, complete with kitchen and bath to supply a year- round residence for a family member. Family Member: Any person who is related by blood or marriage. d Intensification of U^,e: Any new construction, reconstruction, alteration, remodeling, repair, enlargement, change in use, increase in capacity, or addition of service resulting in greater off-street parking demand. Lot: A single area of land in one ownership defined by metes and bounds or--- boundary lines, no portion of which Is bisected by a street. Lot Width: The width of any lot shall be measured wholly within the lot at the building setback line along a straight line parallel' to a line connecting the Intersection of the front boundary with the lot side lines, except that an owner of land may establish his own setback line at a distance greater than that required and the lot width may be determined at the setback line so established. Retail : The term "retail", shall not be construed to Jnclude "restaurant." Setback: The distance between a street line and the front building .line of a principal building or structure, projected to the side lines of the lot. Where a lot abuts on more than one street, front yard setbacks shall apply from all streets. Shape Factor (Lot-Shape Factor) : The numerical value resulting from: (a) division of the square of the perimeter In feet of a lot by the area in square feet thereof; or b 82 ALLSTATE LEGAL SUPPLY CO.ONE COMMERCE DRIVE,CRANFORD.NEW JERSEY 07016 (2) EDR11 m x Q n i m x Q n � " r • - ' SECTION 5 ADMINISTRATION AND ENFORCEMENT 5-1 Enforcement Violations and Penalties n 5-1 . 1 Enforcement: This bylaw shall be enforced by the Building Commissioner of the Town of Barnstable or his designee. 5-1 .2 Violations: For any violation of this bylaw. the Building Commissioner or his designee may, 'where the situation requires, cause a criminal complaint to issue from the First District Court of Barnstable or may institute proceedings in Superior Court to enjoin the construction, alteration, enlargement, reconstruction or use of any building or the use of any premises in violation hereof, or further may Institute proceedings to enjoin the construction, alteration, enlargement or reconstruction of any building which would result In a use in violation Hereof. 5-1 .3 Non-conflicting Remedies: The use of one of the remedies described in Section 5-1 .2 above shall not preclude the use of the other remedy for the same violation or a continuing violation. 5-1 .4 Verification/When Required: The Building Commissioner or his designee may require any plans, documents or sworn statements to be filed with his office to verify the intended use of a building or premises. 5-1 .5 Penalties: Anyone convicted of a violation under this bylaw shall be fined • not more than one hundred dollars ($100.00) for each offense. Each day that such violation continues shall constitute a separate offense. 5-2 Bonds And Permits 5-2. 1 Performance Bonds/When Required: A performance bond of not less than four dollars ($4.00) per foot of frontage against possible costs due to erosion or damage within passable street rights-of-way shall be required by the Building Commissioner prior to authorization of any new building, and a bond or cash security may be required by the Building Commissioner for other construction, such bond or cash security to be held by the Town Treasurer until an occupancy permit is granted as provided for in Section 5-2.2 herein. Prior to the proceeding with construction above the foundation, a registered Land Surveyor shall certify that the structure has been located in compliance with all yard requirements. 5-2.2 Occupancy Permits: No premises and no building or structure erected, altered o0 in any way changed as to construction or use, under a permit or otherwise, shall be occupied or used without an occupancy permit signed by the Building Commissloner. Such permit shall not be issued until the Premises, building or structure .and Its uses and accessory uses comply in all respects with this bylaw. 5-3 _ Zoning Board of Appeals 5-3. 1 Establishment of the . Board: The Zoning Board of Appeals established by Chapter 215 of the Acts of 1984, as amended by Chapter 295 of the Acts of 1984 and as may be further amended from time to time, is the Zoning Board of Appeals referred to herein. 79 ALLSTATE LEGAL SUPPLY CO.ONE COMMERCE DRIVE,CRANFORD,NEW JERSEY 07016 (2) EDR11 m x Q r.: v m x v r.: v '� I- snn in TOWN 4F BARNST/ BLE MUILDIN+Q 1H8PZCT0ft TOWN Orr= WAUM"q � H7ANNts<, Mw�• t , MAI 3. 1907 Mv. .7amsa A. Brink mil* b UoYr 66 State Strset Roston, HA 02109 AEi A-90-5 923 $eat Yigx Avenue, Oatarvillet MA KAthaxi.ne S. Toy Dear Hx. Brink: . I hays received a request for enforcement aotioa under MA.L. c. 40A, 67. • ro order removal Of' posti6" of atruetures located at 923 $eA Viev Avenue ' char encroach an property loeatad at 905 Sea View AY*nue, Osterville, oWn04 by Mr. and Mrs. C.armar% Z.lio. The records in this department da not 1adiCAte that.parnits viers iasu*4 for the structures alleged to bit iA violatiod. ! In order that a determination aAA bo properly made I as*requasting that u certified plot plan ba submitted to my attention its veil as copies Of permits authorizing the st"atvxes involved- It is also allsged that Mrs, toy is ranting zooae to lodgers. The tenting of rooms is not permitted is this area under the Tova of larnstable Zoning By-lAu. I am, therefore, requesting permission to pAke an on site insp*atio,a of tbya dv%ll%aS. I Appzatiata your prompt.attAtion in this matter and further request a roply within fourte►en (14) diy■ of receipt 04 this letter. Th4uk you for your ooaperattom. Peaces Joseph D. DaLus , Building Coeaai.ssioner cc: Patrick C. Tcomap, taquira O CX1tTI71= HAIL RRR1•• P 610 564 002' ALLSTATE LEGALSUPPLYCO ONE COMMERCE DRIVE.CRANFORD,JEW JERSEY 07016 (2) EDR11 m x s Cr m m. x z cr r.: m ..GRANLI" i KIP lh4fj#A a- ht; Y@ vepi4e .. weeL f-b o Theit W:l( be a re Cap ate Mail f)a't a�6 4 teAc : COW A II dlvi+ ki4dl IeA� Ic r)vm CM,., 40 � o lhg" wit 1 ;ll 1 te4. im '51'^C* NA &a&44*;2. 0 94 &A4wid o;&"A/ 7AW �:J r o- m x 3 Q �-r -n 3 i 6 0 a 0 U ¢ f I O U 2 O O U J Q O Q f Q M m x a' r.; -n - - -- , GA]]SI3Y & HANNAH ONE POST OFFICL SQUARE 1747 PENNSYLVANIA AVCNUC. N.w. A37 MA01$004 AVCNUC gOETON. MASSACHUSETTS 02104 1 wA6r11NGTON, o.C. 2000s NEW TONA. N.T. 10022 . 1 40171 357-0700 .20z1 AIRY-9000 .1021 759.903Q .-- � TCLCf AX:1t0l1.12 9-D 0D4 1 TCLCX'♦�7101.LAw 11.11 T(LCX:46176•2 GAO~4 6/N TC1,C,AX:10171 317.71*0 1 June 14 , 1988 VIA FEDERAL EXPRESS 1 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis, MA 02601 Re: 923 Sea View Avenue, 0sterville, MA Katharine S . Foy Dear Mr. DaLuz: . We represent Carmen and Elaine Elio of 905 Seaview Avenue, Osterville . The Elios property abuts the property located at 923 Seaview Avenue, osterville, which is owned by Katharine S. Foy. We understand that William Brady spoke with you on June 9 on behalf of the Elios concerning the rental of the Foy property in violation of the Town of Barnstable Zoning By-Laws (hereinafter . referrred to as the "Zoning By-Laws" ) . You informed Mr. Brady that you would take no 'action until a letter was sent requesting you to enforce the Zoning By-Laws . By this letter, the Elios hereby request investigation and enforcement action pursuant to M.G .L. Chapter 40A, Section ? concerning the matters detailed below. It is our und6tstanding on information and belief that Mrs . Foy is renting rooms to tenants and/or lodgers at 923 Seaview Avenue in violation of the Zoning By-Laws. The information known to us reveals the following: a. The former shed (which has recently been converted to a dwelling by an addition to the structure) located near • the Elio property line is being rented to a tenant and/or lodger; b. The apartment above the garage structure is being used for rental purposes and is currently being rented to tenants and/or lodgers; and C. Katharine Foy intends to rent her property to a certain Mr. o'Keefe during July and August. See the letter from Mrs. Foy. 4-o Judge Keady attached hereto as Exhibit "A" . v 1 ' Mr. Joseph D. DaLuz June 14 , 1988 0 Page Two d. Furthermore, the Elios have been informed that the main house will be rented to Mr. O'Keefe and that Mrs. Foy will occupy space in another building on the property . '. The Foy property is located within the RV-1 Zoning District. ning By--Law permits only a "single-family Section 3-1 .3 of the Zo residential dwelling (detached) " in the RF-1 District. Section 7 al defines "Dwelling, Single pamily" as " [a] detached ly.res11 Where building designed for and occupied by a single family. " ,Where more than a single family is living on the Foy property in separate buildings, we request enforcement of the provisions of Sections 2-3 .1 and 3-1.3 of the Zoning By-LaW. Our records show that you commenced an inquiry Min this matter See your May letter dated May 5 , 1987 to r. in attached hereto as Exhibit "B" . Also, Mr. Brady inquired in May 1987 . into this matter in his letter to you dated November 4 , 19$7 , Mr. Brady informs us that he attached hereto as Exhibit "C" . never received a response to his letter. We respectfully request that you act immediately mediatteelyst�tear vent any continuing violation of the Zoning By-Laws . Katharine Foy intends to rent her property in Julcause Any a monedelay in enforcement of the Zoning By-Laws until July May _. difficult and time-consuming resolution of this matter. please do not hesitate to contact me should you require any additional information. In any event, I shall contact you on June 17 to discuss this matter. Since5ely, /L uren E. Duca LED/llw cc: Board of Selectmen, Town of Barnstable f EXHIBIT A K ha vt ren4d. week p 7A1i 1�% arijoy 4`4 It be r n • • q J�r�c�1: �c,+r n��h� l�r�� kid� ri roa h r , p wav art. Cm- no Q �� ' 6 0 kpfthas eerlh� /�rtitr�GlL4'��' 943 a �jt�p oet�,3' P 1 EXHIBIT B t NT 11M TOWN 4F PARNS' AOLS DUILDINQ tHaPUCTO t t TOWN Oran+ ItJ UMNA + HYIANN�4 MN�. f . Nar 3 1967 Kr. Jamea A. Brink aa1R b Dorr ' 66 !Mate Street boaton, bA 02109 AEI A-90-3 923 Sea VL*v Avenue, Ostorvilleo MA . l,AthAXiQ* S. I'oy Dtar Mx. BriuM I b.A.vs received a request for anforcement sdtion under M.Q.L. c. 40A, j7. • to order removal of portidn,I of structures located at 923 $aa V'iev Avenue ' that anctoach on property Located at 905 Sea View Av*due, Oste"ille, own*4 by Hr. and 2Sra. Carmen Elio. The records in this department da not indicate that permits were issued for the structures alleged to bit in -violation. In order that a determinatidu eau ba properl-I made I aa'requasting that a certified plot plan be submitted to ml attention as well as capita of permits authorizing the •truotvxaa Jnvolvad. It ire also alleged that ?ire. Toy is ranting zoos to lodgers. The renting of rooms is bot permitted in this aria under the Tosra of larnstAble Zoning By-law. I am, therefore, raq,uasting permission to tasks an on site inspsotiot+ of tM droll , I I►ppraciata your prompt;&ttahtiou in this ratter and further request a rMplT vithin fouxta&A (14) days of rsasirt Qf 014 letter. Th4ak you for your 000paration. Place, Joseph D. Dplus Building Commef.ssioner JDD/fir ' ct: Patrick C. Toomap, Zsquira C&ATITUM MAIL - Auv.• p 410 564 002' . l_ • EXHIBIT C One Post Ottke Square . I'ANEUIL HALL CAPITAL GROUP B05t0n,Mfj11achU1M%fA02109 TelRphone:617423.6566 xovember' 4, 1497 Mr. Joseph D. DaLuZ Building .Comminsioner Town of Barnstable Town office building I1yannia, MA .02601 Rai Foy j V)923 sea view Avellue, Ast;ervilla Dear Mr. DaLu$: I represent Mr. and Mrs. CArmah Elio, the owners of land .adjacent to 923 Sea View Avenue. I have recently been informed that a structure that encroached on the Elio' s land this summer has been moved to another location on the Foy propearty. As we discussed on the ti�tjaphono today, Wit request that you make An onr-sitQ inspection of the Foy property to determine (1) whether any struQturOR or parts+ of otrutpturas encroach on the Elio.-property, (2) whether the recent removal of the structure bringer the portion of tho building now remaining at that location into camplianae with the - zoning setback requirements, and (3) Whether each atruature (including they newly-relocated otructure) on the FOY property complies with the existing setback roVi.rements And, it not, whether there are building permits on file to show that an existing condition is lawfully nonomforAi.ng. I also note that in your I*ttor to Katharine Foy dated May B , 1987f you asked permission to inspect the premiSGS for lodgers. Would you kindly notify ma of the result of this inspection and the inspection regarding cQmplianae with zoning. Thank you. Ve y tr ly s, William F. brad wFB/lm u' a m x , � r.: Q 0 U O U I f O 2 O O V F Q 6 m x o� �.; •, >. JOSFPH D. DALUZ TELEPHONES 775.1120 Building CommissionerEXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS. MASS. 02601 June 21, 1988 Attorney Lauren Duca Gadsby & Hannah One Post Office Square Boston, MA 02109 RE: 923 Sea View Avenue, Osterville, MA Katharine S. Foy Dear Attorney Duca: I am in receipt of your letter dated June 14, 1988 re the property located at 923 Sea.View Avenue, Osterville. I will respond to the issues outlined in your letter as soon as humanly possible. Peace, J sep D. DaLuz uilding Commissioner JDD/gr cc: Board of Selectmen 1 _. I AV' !I TOWN OF BARNSTABLE ZONING BOARD OF APPEALS ENFORCEMENT ACTION „ ' k '4 . r A, ,. :'. . DETERMINATION ; L 3 __9 P 4 :0 APPEAL NO: 1989-04 APPELANT: CARMEN AND ELAINE ELIO At'-a regularly scheduled hearing of the Zoning Board of Appeals, held on January 19, 1989, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of the Commonwealth of Massachusetts, the petitioners, Carmen and Elaine Elio, through attorney, Lawrence Kaplan, appealed a decision of the Building Commissioner pursuant to Chapter 40A, Section 8, of the Massachusetts General Laws. The property involved is a 2.23 acre 140' wide lot on the south side of Sea View Avenue which extends 697' southerly to Nantucket Sound on which it also has 140' of frontage. It is in an RF- I , one acre, single-family, 125' width zoning district. The petitioners are seeking enforcement action by the Building Commissioner to stop activities taking place at the above described premises adjoining the Elio residence, -owned by Katharine S. Foy. The petitioners contend that there are three separate structures on the property consisting of a !, main dwelling house, a smaller, free standing dwelling house and a garage with a second story apartment, not allowed in . an RF- 1 zoning district. Any one or all of these buildings are being occupied by the Foy family and other rent paying tenants, throughout the summer. The petitioners contend that several gala wedding receptions take place on the site each summer for which they believe Mrs. Foy receives compensation. Katharine Foy, owner of the property involved, through attorney Bruce Gilmore, stated that the buildings on the property existed as accessory buildings to the main house prior to World War I and constitute pre-existing non- conforming uses . Mrs. Foy will be willing to stop allowing the use of the site by her friends for wedding parties. r The Zoning Board of Appeals requested that the petitioners supply affidavits to support the enforcement action extending the time for submission of such documents for a two (2) week period to January 26, 1989. FINDINGS OF FACT Based on the evidence submitted, the Zoning Board of Appeals made the following findings of fact: No factual evidence was presented to refute the existing non-conforming use of the buildings existing on the site. Review of the petition, testimony presented at the January 19, 1989 hearing and the affidavits requested by the Board to be submitted to the file have not presented any factual evidence that would warrant the enforcement action being sought. Based on the above findings, the Zoning Board of Appeals, at a public meeting held on January 26, 1989, by a motion duly made and seconded, voted to deny the appeal from the decision of the Building Commissioner. The vote was as follows : AYES: JANSSON, MCGRATH, WIRTANEN, HORTON, BLISS NAYES: NONE Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts by filing a Complaint in said Court as well as a notice of action with the Barnstable Town Clerk, within twenty (20) days of the filing of this decision with the Barnstable Town Clerk' s Office. :YJW i Chairman I , Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and sealed this day_ of 19 under the pains and penalties of perjury. Town Clerk OSFPH-•b. DALUZ TELEPHONE% 7715.1120 !, Building Commiisioner EXT. 107 r TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 Janaury 17, 1989 TO: Chairman, Board of Appeals FROM: Joseph D. DaLuz, Building Commissioner RE: Katharine Foy 923 Seaview Avenue, Osterville First, the letter for enforcement is somewhat unexpected, based on the meeting held in my office on November 9, 1988 re the above referenced. In attendance at the meeting were Attorney Lawrence Kaplan for Mr. and Mrs. Elio, Attorney Bruce Gilmore representing Mrs. Foy, Attorney Ruth Weil for the Town and my- self. Following considerable discussion one of the possible resolutions was that Attorney Kaplan would ask Mr. Elio ,to talk with Mrs. Foy to try to resolve this neighbor difference. Mrs. Foy, through Attorney Gilmore, would be re- ceptive to a resolution to Mr. Elio's concerns. The second was that an "Approval Not Required" plan would be prepared to show each of the two dwelling units on its own lot. Attorney Gilmore informs me that such a plan will be submitted to the Planning Board for approval in early February. I might add that during these discussions Attorney Kaplan agreed such a plan would resolve the issue. It is my opinion, since so many attorneys have been involved over a period of many months, Attorney Gilmore with his information and new plan may pro- vide the only solution to finally resolve this dilemma. ak et q t � ..It-_ - 7A- �— !/ � e_ s o c,J�� u � �o u n S , -�!-r-_.___ _ ___. tt -ter}- yf _- � �. y s In O-vr ai b/ 7 LOY — r crud---IlttAr- cam. icy, G�� iAm Awn c� 42) h°�� ^ AIi2vJ �-+-- - ra _ __ ..a r �. �_ GOODWIN, PROCTER & HOAR (A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS) COUNSELLORS AT LAW EXCHANGE PLACE BOSTON, MASSACHUSETTS 02109 TELEPHONE (617) 570-1000 DIRECT DIAL NUMBER TELECOPIER(617)523.1231 TELEX 94-0640 (617) CABLE-GOODPROCT,BOSTON December 6 , 1988 Board of Appeals Town of Barnstable Town Hall Hyannis, Massachusetts 02601 Re: Katharine S. Foy 923 Seaview Avenue Osterville, Mass . Map 90 - Lot 5 Ladies and Gentlemen: _ On behalf of Carmen and Elaine Elio, an appeal is hereby taken due to the failure of Joseph D. Daluz,. the Town' s Building Inspector, to take the enforcement action requested in the October 25, 1988 letter from me to Mr . Daluz. The requested enforcement action was made pursuant to and in accordance with Section 7 of Chapter 40A of the Massachusetts General Laws. I should note that at the time I sent that letter to Mr . Daluz, I was a partner at Rackemann, Sawyer & Brewster . Since that time, I have become a partner at Goodwin, Procter & Hoar which is now representing Mr . and Mrs . Elio in this matter . The Town' s Board of Appeals Petition form. contemplates an application for a special permit or variance, rather than an appeal pursuant M.G.L. Chapter 40A, Section 8 . Nevertheless, we are enclosing the Town' s Petition form on which we have made a good faith attempt to provide the information relative to this Section 8 appeal . In that regard, I should note that the information provided for the numbered items on the Petition form relate to Mrs. Foy's property which is the subject premises for this appeal . ' Mr . and Mrs . Elio are direct easterly abutters to Mrs. Foy' s property. On the reverse side of the Petition form, we have provided information regarding abutters and persons across the street from the Foy property. I am also enclosing five copies of a January 22 , 1957 plan showing the Foy property as lot 82 , and depicting what the three structures on Mrs . Foy' s property were as of that a •r �f - GOODWIN, PROCTER & HOAR Board of Appeals December 6 , 1988 Page 2 date . Also enclosed are five copies of this letter and the Town's Board of Appeals Petition form. Finally, I enclose a check payable to the Town of Barnstable in the amount of $75 for the filing fee . Mr . and Mrs . Elio would appreciate being placed on the Board of Appeals ' hearing agenda at your earliest convenience. If you have any questions or comments, or if you require any further information at this time, my direct dial telephone number is (617 ) 570-1423 . Working with me on this matter is Mary T. Feeney of this office whose direct dial number is ( 617 ) 570-1427 . Thank you for your attention to this matter . Sincerely, i Lawrence E . Kaplan Attorney For Carmen & Elaine Elio LEK/co Enclosure XP-0556/v cc: Mr . and Mrs . Carmen W. Elio (w/enclosure) - DELIVER William F. Brady, Esq. (w/enclosure) - DELIVER Joseph P . Daluz (w/enclosure) - FEDERAL EXPRESS Bruce P . Gilmore, Esq. (w/enclosure) - FEDERAL EXPRESS Barnstable Town Clerk (w/enclosure) Mary T. Feeney, Esq. i � 001 to.., 0. APPEAL 1V0. i IIAM\�IwM1.1.. ' TOWN OF BARNSTABLE PETITION FOR ENFORCEMENT UNDER THE ZONING BYLAW To the Board of Appeals, Town Hall, Hyannis, MA 02601 DAe December 6 19 88 enforcemeer�gned petitions the Board of Appeals tgxxrW, in the manner and for the reasons hereinafter set forth,the xIIli " of the provisions of the zoning bylaw to the following described premises. Applicant: Carmen W. Elio and Elaine Elio (Full Name) (Telephone Number) Address: 905 Seaview Avenue in Osterville - Map 90- Lot 4 Owner: Same as above (Full Name( (Telephone Number) Address: Prior Owner of record Tenant (if any): (Full Name) (Telephone Number) If Applicant other than Owner of property - state nature of interest Abutter 1. Assessors map and lot number Map 90 — Lot 5 2. Location of Premises 923 Seaview Avenue Village Osterville (Name of Street) (What section of Town) 3. Dimensions of lot 140 feet 697 feet + 2.23 acres (Frontage) (Depth) ISquare Feet) 4. Zoning district in which premises are located RF-1 Zoning District 5. How long has owner had title to the above premises? 6. How many buildings are now on the lot? three 7. Give size of existing buildings Proposed buildings 8. State present use of premises See October 25, 1988 letter to Joseph Daluz 9. State proposed use of premises rhP Riii 1 riing TnSPPrrnr frnm T gwrnnre E Kaplan 10. Give extent of proposed construction or alterations: 11. Number of living units for which building is to be arranged 12. Have you submitted plans for above to the Building Inspector? 13. Has he refused a permit? 14. What section of zoning bylaw do you ask to be varied? appppeal• 15. State reasons forxabIcjMJ5gjxFpMy&gb*Mjt: Failure of ToGeph Dalu7., the Riii 1 ding 7nczp errnr to take any of the enforcement action requested in the attached letter to him, dated October 25, 1988 from Lawrence E. Kaplan (over) I I The following are the names and mailing addresses of the abutting owners of property and the names and adr,'resses of the owners of property abutting the abutting owners of property and the names and addresses of the owners across the street all with their corresponding map and lot numbers according to the records in the Assessor's Office at the date of this application: Please type or print only. Map Lot # Name Address Zip Code 90 2 Georgia M. Spenlinhauer 878 Sea View Avenue Osterville, MA 02655 90 3 George B. Kilborne, Jr. Pilgrim Investment Co. Prado Veroe, Inc. Santa Fe, New Mexico 87501 90 4 Carmen & Elaine Elio 905 Sea View Avenue Osterville, MA 02655 90 6 David & Gretchen McCargo 3210 Grant Building Pittsburgh, PA 15219 90 7 Thelma Dinkeloo 145 B1ue,Hill Trail Hamden, Connecticut 06514 90 12 John A. & Catherine F. 13 Largay Judd Hill Road 14 Middlebury, Connecticut 06762 91 3 Sheila K. Largay Terrell Road Woodbury, Connecticut 06798 91 4 Elizabeth M. Mattison 936 Sea View Avenue Osterville, MA 02655 91 5-1 Frances Schaefer 924 Wianno Head Road Osterville, MA 02655 Use additional separate sheet and so note if necessary There must be submitted with the application at the time of filing, a plan of the land, (Five [5) Copies) showing: 1. The dimensions of the land. 2. The location of existing buildings on the land. 3. The exact location of the improvements sought to be placed on the land. (All three of the above drawn to scale) ti Applications fiiCu without such plans will be returned wiihuut actlun by the Board of Appeals. Respectfully submitted, (Signature yi` �Z" } 'Z==T (Address) '+ Ci . z-1 fey ; Tel. No.0 * Please submit 5 copies of petition form. * Filing fee of required with this petition f G - = RACKE�IAN S��`'�"ER S. BRE��'STER ON E FINANCIAL CENTER Itt>ti'I'Q\. >IASS.�CHT SF:'r'rS - October 25, 1988 Mr. Joseph D. Daluz Building Inspector Town of Barnstable Town Office Building Hyannis, Massachusetts 02601 Re: 923 Seaview_ Avenue. Osterville Dear Mr. Daluz: As you may recall, our firm has been retained by Mr. and Mrs. Carmen Elio, residents at 905 Seaview Avenue in Osterville, to represent them in connection with an ongoing controversy with a neighbor, Mrs. Katharine S. Foy, who resides at 923 Seaview Avenue. For some time, the Elios have been attempting through various legal channels to confine Mrs. Foy's activities to those which are allowed on her property under the Town of Barnstable Zoning By-Law. In that connection we have been asked to write this letter to you requesting enforcement of certain provisions of the Zoning By- Law which have been repeatedly violated by Mrs. Foy, as described below. Your efforts to date, particularly in writing to Mrs. Foy to advise her of her transgressions, have been appreciated. Notwithstanding your efforts, however, Mrs. Foy has continued to lease buildings on her property for single-family residences (while residing herself in other buildings on her property) and has allowed her property to be used for commercial purposes (i.e. , weddings and other social functions) , both in violation of the Zoning By-Law. As a result, you will note in our request for enforcement which follows that we are asking you to take certain additional steps which, unfortunately, have become necessary in light of Mrs. Foy' s failure to comply with earlier warnings which have been issued by your office and from the Barnstable Superior Court. h t t R.1CKE\1ANN.5_ \V_1 ER BRE\t TER Mr. Joseph D. Daluz October 25, 1988 Page 2 We hope that you will consider carefully taking the enforcement actions which are requested below: I. THE SMALL RESIDENCE It is our understanding that a small structure on Mrs. Foy's property (which is believed to have formerly been a tool shed) was converted into a separate residence by the addition of a kitchen to that structure within the past eight years. We have been unable to locate a building permit for that addition in your department's records. Given the fact that the kitchen addition was constructed so as to encroach on the Elio property, it is likely that the addition was, in fact, built without a building permit, since your department undoubtedly would have required that a plot plan showing the addition be submitted either prior to the issuance of a building permit or a certificate of occupancy for the addition. Even if a building permit. was issued for the original kitchen addition (which is unlikely) , that addition would have required a special permit pursuant to Section 4-4 . 2 of the Zoning By-Law and M.G. L. Chapter 40A, Section 6 for the extension of an existing non-conforming structure, including a finding by the Board of Appeals that the non-conforming . structure as extended would not be "substantially more detrimental" to the neighborhood. (The structure to which the kitchen addition was added was quite clearly non-conforming, being located within the 15-foot side yard which is applicable in the RF-1 Zoning District where both the Elio and Foy properties are located. ) We found no evidence of such a special permit in a search of the records of the Barnstable Board of Appeals. Therefore, the original kitchen addition was invalidly constructed, and the legal status of that structure, for zoning purposes, remained that of a non- residential structure without kitchen facilities, since the construction of the original kitchen addition was unlawful . On August 20, 1987, you issued a building permit (No. 31108) allowing the kitchen addition to be reconstructed so as to eliminate the encroachment on the Elio property. As discussed above, the structure to which the kitchen was added pursuant to that building permit quite clearly was a non- conforming structure located within the 15-foot side yard setback requirement which is applicable in the RF-1 Zoning District, and the legal status of that structure was as a non- residential building. Therefore, as with the original kitchen addition, extension of that non-conforming structure by construction of the new kitchen addition should have been allowed only following the issuance of a special permit for e - b k�C KEMNNN.SAWYER & BREWSTER Mr. Joseph D. Daluz October 25, 1988 Page 3 the extension of a non-conforming structure pursuant to Section 4-4 . 2 of the Zoning By-Law and M.G.L. Chapter 40A, Section 6. However, a search of the records of the Barnstable Board of Appeals has revealed no special e p permit issued by the Board in advance of the issuance of the above-referenced building permit. Therefore, that building permit and any certificates of occupancy issued p y in connection therewith wer e invalidly issued. In addition, we have been advised by our clients that Mrs. Foy has, on a regular basis, been leasing the small residence to tenants wh ile one or both of the other residences on her property have also been occupied. As you have you rself rself Y Y pointed out in a letter to Mrs. Foy's attorney, it is a violation of the Zoning By-Law provisions applicable to the RF-1 Zoning District (which provide that single-family residential use is allowed as of right) for Mrs. Foy to lease the small residence while either of the other residences on the property is being occupied by Mrs. Foy's family or by another tenant. Because a valid building permit was not issued for the construction of the kitchen addition, and in view of Mrs. Foy's leasing of the small residence to tenants despite warnings to the contrary issued by your office, we now request on behalf of our clients that an order be issued requiring the removal of the kitchen addition. Although this may appear to be a somewhat harsh remedy, it is, in fact, the only remedy which will resolve both the ongoing structural violation and the use violation which has been occurring in connection with this particular structure. The. removal of the kitchen addition, which was not validly constructed in any event, will presumably render the small residence uninhabitable, requiring you to revoke any certificates of occupancy which may have been issued for this structure as a residence, thereby preventing the illegal rental of this residence in the future. II. THE GARAGE APARTMENT AND THE MAIN RESIDENCE We acknowledge that the apartment above the garage on the Foy property has long been in place, and that so-called "family apartments" are allowed, under certain circumstances, in the RF-1 District. We also acknowledge that the main residence on the Foy property is an allowed single-family structure. Nevertheless, in view of Mrs. Foy's practice of leasing out the main residence and the small residence on her property while residing in the garage apartment, we request, on our clients ' behalf, that an order be issued prohibiting o R_V'KEKk_NN. SAWYER & BREWSTER Mr. Joseph D. Daluz October 25, 1988 Page 4 future occupancy of either the garage apartment or the main residence by anyone other than Mrs. Foy, her family, and her short-term guests. The order may make exception to allow Mrs. Foy and her family to vacate and rent out the entire property, including the two residences thereon (the former tool shed no longer being available for residential use for the reasons set forth above) , but we request that the order specify that, in that event, Mrs. Foy should give notice of the leasing of the entire property to your department. Unfortunately, we have concluded with our clients that steps such as we have proposed are necessary to insure that Mrs. Foy will discontinue her practice of leasing out the main residence and the small residence on her property while residing in the garage apartment. Although the Elios have never objected to use of the main residence and the garage apartment on the Foy property by family and guests of the owner, the commercial enterprise that has existed on the property in recent years is clearly in violation of the Zoning By-Law. We have advised our clients that the only apparent solution is that which is proposed above, and we request that such action be taken at this time. III. WEDDINGS Notwithstanding repeated warnings from your office, as well as from the Barnstable Superior Court, Mrs. Foy continues to use her property for weddings and other large functions. Mrs. Foy is, of course, free to host social gatherings on her property as long as they do not disturb the peace of the neighborhood or rise to the level of noxious or offensive uses prohibited by Section 2-6. 1(1) of the Zoning By-Law, provided that those activities are non-commercial in nature. The difficulty for all involved has been establishing whether or not the various functions which have taken place on the Foy property have, in fact, been non-commercial activities involving merely family and friends of Mrs. Foy. In this regard, it has been specifically suggested by our clients that a fair resolution would be to require Mrs. Foy to execute, prior to any social gathering on the Foy property, an affidavit to the effect that: 1. The event involves her family and/or friends and acquaintances only; and r J H_kCKE>L�\N.SAWYER & BREWSTER Mr. Joseph D. Daluz October 25, 1988 Page 5 2. She is receiving no monetary or other consideration for the use of her property for the function (including, without limitation, the receipt of rent for the property for the period preceding or following the event in question) . On behalf of our clients, we request that you issue an order to this effect at this time. In light of the past activities on the Foy property, this would seem to be a very fair solution addressing the needs and concerns of both parties. In addition, the issuance of such an order at this j time will hopefully avoid future situations where a wedding has already been planned and you are placed in a difficult position of having to decide whether or not to prevent the anticipated event from taking place. In conclusion, on behalf of Mr. and Mrs. Elio, we request that the following actions be taken immediately: 1. Issuance of an order requiring removal of the kitchen addition on the small residence, and, in connection therewith, revocation of any existing certificate of occupancy for use of that structure as a residence; 2 . Issuance of an order directing that the garage apartment and the main residence on the Foy property are to be used solely by Mrs. Foy, her family, and her short-term guests; provided, however, that Mrs. Foy and her family shall be allowed to vacate and lease the entire property, including the residences thereon (which would include the main house and the garage apartment, but not the former tool shed which will no longer be available for residential purposes) , upon giving notice of this fact to your department; and 3 . Issuance of an order requiring Mrs. Foy to execute an affidavit prior to holding any social gatherings on her property stating that the function in question is for her family and friends and that she is receiving no consideration for use of her property in connection therewith. M a i� RACKE>LkNN.SA\%- "ER < BRE\%�-ER Mr. Joseph D. Daluz October 25, 1988 Page 6 We appreciate very much your time in reviewing this letter, and your consideration of the matters discussed above. You will note that, in light of their past assistance, and cooperation, we are forwarding a copy of this letter to the Board of Selectmen and the Town Counsel 's office so as to keep them apprised of our activities. We will be happy to discuss the above with you at your convenience, and look forward, as do you, to a satisfactory resolution of this matter. Your response within 14 days, as provided by M.G.L. Chapter 40A, Section 7, would be much appreciated so that we can plan any further course of action which may be necessary. Very truly yours, Lawrence E. Kaplan LEK nkr cc: Town of Barnstable Board of Selectmen Town of Barnstable Town Counsel Mr. Carmen Elio William F. Brady, Esq. r 2 66 4;''7 •SUBDIVISION PLAN OF LAND IN BARNSTABLE T. H. Stegmaier, C. E. January 22, 1957 R D L.C. 266A,44-54- f o SEA V / EW A VE. 90 /4 0. 00 , ,c.e 20a 00 CA c---B.--- 4/4 E of line P. Coast•Post A 25 W of lira 820 82. Q ►t'sflint Plan 2664 I- Plan 2664 v Cert 120 Cert. 205 ce.aao Coen.Bstr ^ t0 b i Cone. Post ' II9 It'sf line ;.G ., Conc.fbsto I �59 N'afLae $.8 1.01 E.of hn. — � ' sera ►v.n ' A I Rhin Wo/l . i NANTUCKET SOUND. 01 Su'bdivislon of Lots Bl� B17and B�9 Shown on plans 2664M, 26642, 2664U Filed with Carts . of Title No.133, 166 & 205 fleg! ntry. Di!trice.: of Barrstable. County s4wvte certificates of title may be issued for land he''''e'°''r es__GEC..132.----------------------- By bha Court: �'�'a�of•d+n --AArd Nr • UND RE6/STRAT/ON Of17C.F t4i?-4�-- W f�rtov+ciir CAS Aa sm tbvbw&Cbrt t NOTICE OF APPEAL BARN`- _ ` A S S -88 DAD -7 A10 :38 December 7, 1988 Town Clerk Town of Barnstable Town Hall Hyannis, MA 02601 RE: Appeal of Carmen W. Elio and Elaine Elio Notice is hereby given that- the undersigned has this day . filed with the Board of Appeals an appeal and a petition for an Enforcement Action under the Zoning By-law. The form of this appeal and petition is attached hereto. The ground for the appeal is the failure of Joseph Daluz, building inspector for the Town of Barnstable, to take any of the enforcement action requested in the letter attached to the submitted petition. Very Y trul yours, CARMEN ELIO and ELAINE ELIO By: La��(_k Lawrence E. Kapl 'n their attorney XP-2160/f GOODWIN, PROCTER & HOAR (A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS) COUNSELLORS AT LAW EXCHANGE PLACE BOSTON, MASSACHUSETTS 02109 TELEPHONE (617) 570-1000 DIRECT DIAL NUMBER TELECOPIER(617)523.1231 TELEX 94-0640 (617) CABLE•GOODPROCT,BOSTON December 6 , 1988 Board of Appeals Town of Barnstable Town Hall Hyannis, Massachusetts 02601 Re: Katharine S. Foy 923 Seaview Avenue Osterville, Mass . Map 90 - Lot 5 Ladies and Gentlemen: On behalf of Carmen and Elaine Elio, an appeal is hereby taken due to the failure of Joseph D. Daluz, the Town's Building Inspector , to take the enforcement action requested in the October 25 , 1988 letter from me to Mr . Daluz. The requested enforcement action was made pursuant to and in accordance with Section 7 of Chapter 40A of the Massachusetts General Laws. I should note that at the time I sent that letter to Mr . Daluz, I was a partner at Rackemann, Sawyer & Brewster . Since that time, I have become a partner at Goodwin, Procter & Hoar which is now representing Mr . and Mrs. Elio in this matter . The Town' s Board of Appeals Petition form contemplates an application for a special permit or variance, rather than an appeal pursuant M.G .L. Chapter 40A, Section 8 . . Nevertheless, we are enclosing the Town's Petition form on which we have made a good faith attempt to provide the information relative to this Section 8 appeal . In that regard, I should note that the information provided for the numbered items on the Petition form relate to Mrs. Foy's property which is the subject premises for this appeal . Mr . and Mrs. Elio are direct easterly abutters to Mrs . Foy's property. On the reverse side of the Petition form, we have provided information regarding abutters and persons across the street from the Foy property. I am also enclosing five copies of a January 22 , 1957 plan showing the Foy property as lot 82 , and depicting what the three structures on Mrs. Foy' s property were as of that ti GOODWIN, PROCTER 8& HOAR Board of Appeals December 6 , 1988 Page 2 date . Also enclosed are five copies of this letter and the Town's Board of Appeals Petition form. Finally, I enclose a check payable to the Town of Barnstable in the amount of $75 for the filing fee . Mr . and Mrs . Elio would appreciate being placed on the Board of Appeals ' hearing agenda at your earliest convenience . If you have any questions or comments, or if you require any further information at this time, my direct dial telephone number is (617 ) 570-1423 . Working with me on this matter is Mary T. Feeney of this office whose direct dial number is ( 617 ) 570-1427 . Thank you for your attention to this matter . Sincerely, Lawrence E . Kaplan . Attorney For Carmen & Elaine Elio LEK/co Enclosure XP-0556/v cc: Mr . and Mrs . Carmen W. Elio (w/enclosure) - DELIVER William F. Brady, Esq. (w/enclosure) - DELIVER Joseph P . Daluz (w/enclosure) - FEDERAL EXPRESS Bruce P . Gilmore, Esq. (w/enclosure) - FEDERAL EXPRESS Barnstable Town Clerk (w/enclosure) Mary T. Feeney, Esq. a E 4= APPEAL NO. l .�a V AI ' TOWN OF BARNSTABLE PETITION FOR ENFORCEMENT UNDER THE ZONING BYLAW To the Board of Appeals, Town Hall, Hyannis, MA 02601 I);1te December 6 19 88 enf he unci n�)gned petitions the Board of Appeals taxs)xy, in the manner and for the reasons hereinafter set forth,the XgNATUMM of the provisions of the zoning bylaw to the following described premises. Applicant: Carmen W. Elio and Elaine Elio ,Full Name) (Telephone Number) Address: 905 Seaview Avenue in Osterville — Map 90— Lot 4 Owner: Same as above tFull Name) (Telephone Number) Address: Prior Owner of record Tenant (if any): (Full Name) (Telephone Number) If Applicant other than Owner of property - state nature of interest Abutter 1.• Assessors map and lot number Map 90 — Lot 5 2. Location of Premises 923 Seaview Avenue Village Osterville (Name of Street) (What section of Town) 3. Dimensions of lot 140 feet 697 feet + 2.23 acres (Frontage) (Depth) (Square Feet) 4. Zoning district in which premises are located RF-1 Zoning District 5. How long has owner had title to the above premises? 6. How many buildings are now on the lot? three 7. Give size of existing buildings Proposed buildings 8. State present use of premises See October 25, 1988 letter to Joseph Daluz 9. State proposed use of premises rhp Ri,;1 et;ng TncpPrrnr frnm T nw-tome E. Kaplan 10. Give extent of proposed construction or alterations: 11. Number of living units for which building is to be arranged 12. Have you submitted plans for above to the Building Inspector? 13. Has he refused a permit? 14. What section of zoning bylaw do you ask to be varied? appeal- Fa o Jo nh Da 1L17 r h P R nileiing TncportOr, 15. State reasons Cor�]W>3i42f�2f3� }fE<Y ttiiflt: -to take any of the enforcement action requested in the attached letter to him, dated October 25, 1988 from Lawrence E. Kaplan (over) r The foIlowing are the names and mailing addresses of the abutting owners of property and the names and addresses of the owners of property abutting the abutting owners of property and the names and addresses of the owners across the street all with their corresponding map and lot numbers according to the records in the Assessor's Office at the date of ° this application: Please type or print only. Map Lot # Name Address Zip Code 90 2 Georgia M. Spenlinhauer 878 Sea View Avenue Osterville, MA 02655 90 3 George B. Kilborne, Jr. Pilgrim Investment Co. Prado Veroe, Inc. Santa Fe, New Mexico 87501 90 4 Carmen & Elaine Elio 905 Sea View Avenue Osterville, MA 02655 90 6 David & Gretchen McCargo 3210 Grant Building Pittsburgh, PA 15219 90 7 Thelma Dinkeloo 145 Blue Hill Trail Hamden, Connecticut 06514 90 12 John A. & Catherine F. 13 Largay Judd Hill Road 14 g Middlebury, Connecticut 06762 91 3 Sheila K. Largay Terrell Road Woodbury, Connecticut 06798 91 4 Elizabeth M. Mattison 936 Sea View Avenue Osterville, MA 02655 91 5-1 Frances Schaefer 924 Wianno Head Road Osterville, MA 02655 Use additional separate sheet and so note if necessary There must be submitted with the application at the time of filing, a plan of the land, (Five [5] Copies) showing: 1. The dimensions of the land. 2. The location of existing buildings on the land. 3. The exact location of the improvements sought to be placed on the land. (All three of the above drawn to scale) 44 M Applications filed without such plans will be returned without action by the Board of Appeals. Respectfully submitted, (Signature r' (A d d r e 9 s) - = c -3—�-- ) t . Tel No.� ' • Please submit 5 copies of petition form. Filing fee of ' % required with this petition RACKEN[A\N, SAW 'ER & BREWSTER October 25, 1988 Mr. Joseph D. Daluz Building Inspector Town of Barnstable Town Office Building Hyannis, Massachusetts 02601 Re: 923 Seaview Avenue, Osterville Dear Mr. Daluz: As you may recall, our firm has been retained by Mr. and Mrs. Carmen Elio, residents at 905 Seaview Avenue in Osterville, to represent them in connection with an ongoing controversy with a neighbor, Mrs. Katharine S. Foy, who resides at 923 Seaview Avenue. For some time, the Elios have been attempting through various legal channels to confine Mrs. Foy' s activities to those which are allowed on her property under the Town of Barnstable Zoning By-Law. In that connection we have been asked to write this letter to you requesting enforcement of certain provisions of the Zoning By- Law which have been repeatedly violated by Mrs. Foy, as described below. Your efforts to date, particularly in writing to Mrs. Foy to advise her of her transgressions, have been appreciated. Notwithstanding your efforts, however, Mrs. Foy has continued to lease buildings on her property for single-family residences (while residing herself in other buildings on her property) and has allowed her property to be used for commercial purposes (i.e. , weddings and other social functions) , both in violation of the Zoning By-Law. As a result, you will note in our request for enforcement which follows that we are asking you to take certain additional steps which, unfortunately, have become necessary in light of Mrs. Foy' s failure to comply with earlier warnings which have been issued by your office and from the Barnstable Superior Court. 4 A Mr. Joseph D. Daluz October 25, 1988 Page 2 We hope that you will consider careful ly takingthe enforcement actions which are requested below: I. THE SMALL RESIDENCE It is our understanding that a small structure on Mrs. Foy's property (which is believed to have formerly been a tool shed) was converted into a separate residence by the addition of a kitchen to that structure within the past eight years. We . have been unable to locate a building permit for that addition in your department's records. Given the fact that the kitchen addition was constructed so . as to encroach on the Elio property, it is likely that the addition was, in fact, built without a building permit, since your department undoubtedly would have required that a plot plan showing the addition be submitted either prior to the issuance of a building permit or a certificate of occupancy for the addition. Even if a building permit was issued for the original kitchen addition (which is unlikely) , that addition would have required a special permit pursuant to Section 4-4 . 2 of the Zoning By-Law and M.G. L. Chapter 40A, Section 6 for the extension of an existing non-conforming structure, including a finding by the Board of Appeals that the non-conforming structure as extended would not be "substantially more detrimental" to the neighborhood. (The structure to which the kitchen addition was added was quite clearly non-conforming, being located within the 15-foot side yard which is applicable in the RF-1 Zoning District where both the Elio and Foy properties are located. ) We found no evidence of such a special permit in a search of the records of the Barnstable Board of Appeals. Therefore, the original kitchen addition was invalidly constructed, and the legal status of that structure, for zoning purposes, remained that of a non- residential structure without kitchen facilities, since the construction of the original kitchen addition was unlawful . On August 20, 1987, you issued a building permit (No. 31108) allowing the kitchen addition to be reconstructed so as to eliminate the encroachment on the Elio property. As discussed above, the structure to which the kitchen was added pursuant to that building permit quite clearly was a non- conforming structure located within the 15-foot side yard setback requirement which is applicable in the RF-1 Zoning District, and the legal status of that structure was as a non- residential building. Therefore, as with the original kitchen addition, extension of that non-conforming structure by construction of the new kitchen addition should have been allowed only following the issuance of a special permit for f tt\CKE:M NN �;AW ER r BREW;�TER Mr. Joseph D. Daluz October 25, 1988 Page 3 the extension of a non-conforming structure pursuant to Section 4-4 . 2 of the Zoning By-Law Law and M.G. L.- Chapter 40A, Section 6. However, a search of the records of the Barnstable Board of Appeals has revealed no special permit issued by the Board in advance of the issuance of the above-referenced building permit. Therefore, that building permit and any certificates of occupancy issued in connection therewith were invalidly issued. In addition, we have been advised by our clients that Mrs. Foy has, on a regular basis, been leasing the small residence to tenants while one or both of the other residences on her property have also been occupied. As you have yourself pointed out in a letter to Mrs. Foy's attorney, it is a violation of the Zoning By-Law provisions applicable to the RF-1 Zoning District (which provide that single-family residential use is allowed as of right) for Mrs. Foy to lease the small residence while either of the other residences on the property is being occupied by Mrs. Foy's family or by another tenant. Because a valid buil ding permit w no g P as t issu ed for the construction of the kitchen addition, and in view of Mrs. Foy's leasing of the small residence to tenants despite warnings to the contrary issued by your office, we now request on behalf of our clients that an order be issued requiring the removal of the kitchen addition. Although this may appear to be a somewhat harsh remedy, it is, in fact, the only remedy which will resolve both the ongoing structural violation and the use violation which has been occurring in connection with this particular structure. The removal of the kitchen addition, which was not validly constructed in any event, will presumably render the small residence uninhabitable, requiring you to revoke any certificates of occupancy which may have been issued for this structure as a residence, thereby preventing the illegal rental of this residence in the future. II. THE GARAGE APARTMENT AND THE MAIN RESIDENCE We acknowledge that the apartment above the garage on the Foy property has long been in place, and that so-called "family apartments" are allowed, under certain circumstances, in the RF-1 District. We also acknowledge that the main residence on the Foy property is an allowed single-family structure. Nevertheless, in view of Mrs. Foy's practice of leasing out the main residence and the small residence on her property while residing in the garage apartment, we request, on our clients' behalf, that an order be issued prohibiting �a R.a( KEKk.\N SA\N_ER , BRE\\ TER P Mr. Joseph D. Daluz October 25, 1988 Page 4 future occupancy of either the garage apartment or the main residence by anyone other than Mrs. Foy, her family, and her short-term guests. The order may make exception to allow Mrs. Foy and her family to vacate and rent out the entire property, including the two residences thereon (the former tool shed no longer being available for residential use for the reasons set forth above) , but we request that the order specify that, in that event, Mrs. Foy should give notice of the leasing of the entire property to your department. Unfortunately, we have concluded with our clients that steps such as we have proposed are necessary to insure that Mrs. Foy will discontinue her practice of leasing out the main residence and the small residence on her property while residing in the garage apartment. Although the Elios have never objected to use of the main residence and the garage apartment on the Foy property by family and guests of the owner, the commercial enterprise that has existed on the property in recent years is clearly in violation of the Zoning By-Law. We have advised our clients that the only apparent solution is that which is proposed above, and we request that such action be taken at - this time. III. WEDDINGS Notwithstanding repeated warnings from your office, as well as from the Barnstable Superior Court, Mrs. Foy continues to use her property for weddings and other large functions. Mrs. Foy is, of course, free to host social gatherings on her property as long as they do not disturb the peace of the neighborhood or rise to the level of noxious or offensive uses prohibited by Section 2-6. 1(1) of the Zoning By-Law, provided that those activities are non-commercial in nature. The difficulty for all involved has been establishing whether or not the various functions which have taken place on the Foy property have, in fact, been non-commercial activities involvinq merely family and friends of Mrs. Foy. In this regard, it has been specifically suggested by our clients that a fair resolution would be to require Mrs. Foy to execute, prior to any social gathering on the Foy property, an affidavit to the effect that: 1. The event involves her family and/or friends and acquaintances only; and �1 I_kCK[ML�\\ SAW1 ER « BREWIsTER Mr. Joseph D. Daluz October 25, 1988 Page 5 2 . She is receiving no monetary or other consideration for the use of her property for the function (including, without limitation, the receipt of rent for the property for the period preceding or following the event in question) . On behalf of our clients, we request that you issue an order to this effect at this time. In light of the past activities on the Foy property, this would seem to be a very fair solution addressing the needs and concerns of both parties. In addition, the issuance of such an order at this time will hopefully avoid future situations where a wedding has already been planned and you are placed in a difficult position of having to decide whether or 'not to prevent the anticipated event from taking place. In conclusion, on behalf of Mr. and Mrs. Elio, we request that the following actions be taken immediately: 1. Issuance of an order requiring removal of the kitchen addition on the small residence, and, in connection therewith, revocation of any existing certificate of occupancy for use of that structure as a residence; 2 . Issuance of an order directing that the garage apartment and the main residence on the Foy property are to be used solely by Mrs. Foy, her family, and her short-term guests; provided, however, that Mrs. Foy and her family shall be allowed to vacate and lease the entire property, including the residences thereon (which would include the main house and the garage apartment, but not the former tool shed which will no longer be available for residential purposes) , upon giving notice of this fact to your department; and 3 . Issuance of an order requiring Mrs. Foy to execute an affidavit prior to holding any social gatherings on her property stating that the function in question is for her family and friends and that she is receiving no consideration for use of her property in connection therewith. R_kCKE?L�NN �.a«l ER 6RDO-TER Mr. Joseph D. Daluz October 25, 1988 Page 6 We appreciate very much your time in reviewing this letter, and your consideration of the matters discussed above. You will note that, in light of their past assistance and cooperation, we are forwarding a copy of this letter to the Board of Selectmen and the Town Counsel 's office so as to keep them apprised of our activities. We will be happy to discuss the above with you at your convenience, and look forward, as do you, to a satisfactory resolution of this matter. Your response within 14 days, as provided by M.G.L. Chapter 40A, Section 7, would be much appreciated so that we can plan any further course of action which may be necessary. Very truly yours, Lawrence E. Kaplan LEK/nkr cc: Town of Barnstable Board of Selectmen Town of Barnstable Town Counsel Mr. Carmen Elio William F. Brady, Esq. Ar 2 6 6 4" 77 •SUBDIVISION PLAN OF LAND IN BARNSTABLE T. H. Stegmaler, C. E. Jaanuary 22, 1957 4.�z R0 31166 ��0 ?5� �'4 PI Dn A 0 L.C. 2664-54 SEA V / EW A VE. 0 .,i9o• 140. 001" ;s 6sl nosaoo c.e. ce'� I ib Cone. tf Q 2S N'of lira B 20 .82. P a se Ksef/int Pia" 2664 Plan 2664 U Cert. 12C Cert 205 G 9.40 Coar.lbst � •�I m 1.19►Kefliiw p� . _ � � - aft. Fist b CoTc.fbsto A 59 WWM* S.Q 1.01 E•oF hno ek Q x n, WIl1 f NANTUCKE11 SOUND. Subdivision of Lots B1f B17and B19 Shown on plans 9664M, 2664$, 2664U i. Piled with Certs . of Title No.133, 166 a 205 Registry District of Barnstable County �Aerra+tt certiliuhs of title may be issued for land es._GRt..Az..-----------•-------•-- By t* cowt. CW dr Pao of*&* -R AM - UND RE61STRAT/ON OF17W OCT, ,I/ 1958 S —� •..•.... , t d!�idr. pfm 1 fmt to a kxb . l�etoodr C�Aoo�rsa�, iGr Cbrrt JOSF,PH D. DALU2 - TELBPHONEi 773-1120 Building Commissioner EXT. 107 TOWN OF' BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 November 28, 1988 + TO: Board of Selectmen FROM: Joseph D. DaLuz, Building Commissioner RE: Elio/Foy 923 Seaview Avenue, Osterville i On November loth I met with Attorney.Lawrence Kaplan, Attorney Bruce . Gilmore and Town Counsel Ruth Weil re the property located at 923 Seaview. Avenue, Osterville. . All in attendance agreed that a solution could be worked out without further litigation. f; r � r Y,t`r �f i BARNS TABLE, MASS. \� pp t6jq. CFO MAY 36 7 Kin Street, Jdyunnid, Mae,. 02601 November 7, 1988 TO: Joseph DaLuz, Building Commissioner FROM: Board of Selectmen RE: 923 Seaview Avenue, Osterville Please advise the Board of Selectmen as to the disposition on the most recent controversy regarding the above property. Thanks for your consideration. t 110/08/2008 11:.24 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL lao01 - Bamstable TOWN. OF BARNSTABLE h" O BARNSTABLE. 1 OFFICE OF TOWN ATTORNEYMASS I 'off 1639.�a 367 MAIN STREET o HYANNIS, MASSACHUSETTS 02601.3907 2007 RUTH J.WEIL,Town Attorney ruth.wei4town.bamstable.ma.us T.DAVID HOUGHTON,1st Assistant Town Attorney david.houghton@town.barnstable.ma.us CHARLES.S. McLAUGHLIN,JR.,Assistant Town Attorney charles.mclaughlinOtown.barnstable.ma us CLAIRE R-GRIFFEN, Paralegal/Legal Assistant claira.gri fen(gtown.bamstable,ma us PAMELA D.GORDON,Legal Clerk TEL.508-862-4620 -FAX.508.662-4724 October 8,2008 By Fax: 508-428-0096 Stuart W. Rapp, Esq. Attorney at Law 749 Main Street Osterville,MA 02655 Re: Foy House—Memorandum of Understanding Our Ref: 42008-0182 Dear Stu: Thank you for your fax of this morning and as a follow-up,we enclose the signature page with both my signature and that of our tax collector. In response to your question with respect to the Building Commissioner issuing the tent permit upon the delivery of the application to him,kindly forward to us your signature page indicating your approval. Upon receipt of same, I will call Tom Perry to have him issue the Permit. , We await your communication by facsimile. Thank you. Sincerely, c RJW:cg Ruth J. Weil,Town Attorney Encs. Town of Barnstable f [2008-0182\rapp-1 l-100808) _ 10/08/2008 11:24 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL 002 10/00/2008 11.50 5084280096 STUART W RAPP EM PAGE b1 T' HE ' LA* OFFICES OF STUART W . RAPP 749 MAIN STREET OSTERVILLE , MA 02655 P14ONF ; 508 . 428 . 0400 - FAX: 508 . 428 . 0096 FACSIMILE TRANSMITTAL SHEET TO FROM: Ruth Veil Stuart W,Rapp COMPANY: DATE: Town of Barnstable 10-&2008 PAX NUAlBPR TOTAL NO.OF PACES INCLUDING COVER: 5M862-4724 2 PHON8 NUMBER: RR: FOY ❑ URGENT D IJOR REVIEW ❑PLEASk.COMMENT ❑PLEASE R1:PLY ❑PLEASE RECYCLE NOTES/COMMENTS: Ruth Phase find atmclud a com of the Memorandum of Understanding-which I have*ed Stuart 10/08/2008 11:24 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL Z 003 10/08/2008 11:00 5e84280095 STUART W RAPP ESG! F'AUE al THE LAW OFFICES OF STUART W . EAPP 749 MAIN STREET ■ OSTSRVIL'LE , MA 02655 PHONB : 508 , 428 . 0400 FAX: 508 . 428 . 0096 FACSIMILE TRANSMITTAL SHEET Yo. PROM: Ruth Weil Stuart W.Rapp .COMPANY: - DATE! Town.of Bamstable 10`9-2008 FAX NUMBER: TOTAL NO.OP PAGO INCLUDING COVERT 505-M2-4724 2 PHONE NUMBER: KP,;. FOX ❑UAC EZNT Cl FOR RRVIFRW 0 PLEASE COMMLNT O PLEASE RkPLY CI PLEASE RECYCLE NOTES/ComMrhNTS:- Ruth, Please find attached a copy of the Memorandum of Undexstaad4 which has been deed by Louis Foy,jr, I would ask that you please fax a co"of yours and Maumen's kgoatut�es so that we wiD both have fully sipped counterparts. Please also confirm that the tent permit will be issued today upon the delivery of the application to Mr.Perv/s office this morning. Stuart 10/08/2008 11:24 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL fj004 1040_7/2008 16:31 50B428009S STUART W RAPP ESQ rHut °1 This Mc umadum of[Jadar +thug(M o )a ftmd into this 76 day of Odober, 2008,by gad b8tweett G"qp Fey,of 923 Sea View Ave.,&=gable(OstKV&) Mumhowtto,OM55, od l.oaie Fay,Jr.,of 14 1"AM,New York.New YA 10009. (Aemwafter zdarrad to a Vm"Foydl m dwir ca lmoity as the DemSvierua and Tmdas of Ac Ka hmine Se aefer Foy Retained income T"Nw nbcr ODe,7be Kee Scbada Foy RaWoW income Trag Numba Two,sad Tbie Katharine Schaefer Foy Real EyWg Nominee Trait4 thus bmg rho owners of-10 pmpeny known as 923 See Armw Avenue,BuTambie(002V llC),Mas huaotls tt26SS.(hazineLlff ratyured to 4 the_ -Property-) and the Two of bara8ta1r1a,as iW07W8tad mW9dPsliity,MW hPiDg A bttainees a Mmm of 367 Main Sttcd,Bmstobb alyartnld)1VLttaeo]>u is 02601 (but aaftar mvftnvd W m the"TowA').All of*.Above being collectively rent "d w in this MemmsmAum of Uadmat oading as the"Putt ice'. WHEIMAS,this Mmormd=of,Ut>Id "ftmdh*is ctestod for the ptupoec of pauvidics to nacos#sty aatr ecs to 1ho Town ibrA catain activities eompini:ad about by the Town will,Writ Ortoba 15.2M8,net raj a plot st&Wcot to thin Me�oeattdmu of undez%mmHng or w pt m.tnay be permitmd unja Section 3 below. NOW,'I'UMFORL in uoaaWkn ion-)ftM f0mViog the Pwtias agree Its lbhowe: 1. At the time of the ox cufim of this egmm at.tbo Foy#egm to forthwith mkc a payment to the Town a B=jftblo Tax Colkdot in*0 swuont of Tan Tbousand(S l 0,000.00)Dolls rs which§Mall be Applied to the oddest ouumn&*p wpwty tart eserssed Mpind the Pcopmw m the To": 2. The Fop agape that fty will Gntar jaw s W meat plan with the TowWo. wx collector w pay the aaratdy c,utamudvn coal mts:c tmm plus any a=ucd,m%ieat and pm►alfia aresand 8gaittst dlo PmP"p to the Town in or within me year of the-dace o(tht sismift of this lum of Uaderabandiag. The Pard"eclaXwlvdp that aubwqueat to 6t enm eWan of this MOU the Town shill eontimm to asses tu+ca egalast the Pt*PeM in rise normal course and the paints f ndw ao3o4 vAedp tbst this a&+c m apt does eat p wlude the I overt►S m taking wdon in the fdm (k vx to Fen f�r Apayniew of tbow fuftm me nmente,1AW& a$ low OLS ? acdoa is mdstmc wkh and in ca-Wxmity with the Town's mUnary and custom"pru',isoes ngardia�8 the ool3aedOri of»apeid taxes; 3. `Tie Foys ap oa.to net allow asp►wedding#to take place on the moukrttially zoned Propeaty,exc"wWdatgs of mmuediate Willy =gnbeen of Mt,ocurp Pay and M.Louis Foy,Jr.,uaksa the issue 6f whether a woddieg(excap weddb is of immediate fiaon*membars)ceA be mold on the PropsM hats been either lWgated fully wad 6milly in a f 10/08/2008 11:25 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL 2005 10/07/2008 16:09 5084280096 STUART W RAPP ESQ rAUG uc Caurt of oohsWp jw isdicfion and wbiah tesclutfiao would then control as the iota bus been Ally resolwJd olherWrlae; 4. The Foys will accept urviae of p cvoaer is Soy mattes Sled by the Town imiiit t tba P ys rem the imue offt allowaaae of a text being permitted by Town to show t worn to take place on dw Pop"by tamts of dw Fops: 5. The patriaaito thim of UAdeas ndiug fiuthm agree that this document may not be used ere an admisaicm of pwty in AW litieaaob but if aqy of the teems of dais 1Vlcmraodm of Undesstsaa n 15 AM ever violated then tip MOU mny be b=duvod as evidence of the Avvwmw between thug Pardee; 6. 73c Pays the if at any ftum dabs it is darormieW by a Court of oompct�t�cOon that the F("love violated ffie tmma of this D(morandum of Understanding tbm wy�to PUY��aB"is the amount of Bive ThouWd($5,001,1.00)Dollars to the Tovw fot sacb Such C40mil mod violation; 7. The Foy6 bweby dF m dW they have XV&utd romved from dw . = hbm at 905 Sea View Avg leis.O'DonzA.and az 941 Sea View Ave.,Mt. and Mrs.Coleman,t1w.the waddixg erect soi WW@d kw tha weakand of October 11,200L at ft hoper poses D o issue m to what�oevar;and 8. Thu Fartiea agC+ee tlut facsimile si gaatmes to this of Undelfading dWI hxvo dw sect a farce raid moot as Original lines. Dodtp Foy,as*ramdd Louis Foy,Jr.,a afaeseid Dated: October 7, 008 Dated:October 7,2008 Stuart W.RRM,Laquire a9 A,ttorney for G=ge Foy and Louis Foy,Jr. Data& 7o 2008 s . r Weil, as A fot� —- _. E.Ni ' Tax Colleato ibr 'COVUn o lc tha Tow.2=n of Hmns"t Rted: Oc�a yi 200g bated: October 7.2008 r 10/08/2008 11:25 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL la006 10/09/-/008 11:00 5084280696 STUART W RAPP ESQ rkl= uc 10/0712886 t]:�3 58942B899fr STUART W RAPP M paA ®3 Court of cavpatoof ldtlsmadod and whiff aden mould dwn COMMi of da Ism Ina b0W My roaolrod otherwise; 4. 7%0 lays w11t accgM servfae of ptoasa in my nuttw filed by det Town apiaK tbv P4ys rcprding ft Iss]ta of the allowaaa of a teat Salmi pertdteod by the Town to allow M"ll to take place as the Pt PMY by teawle of the Fors: S. The Pettis to flda Memorandum Of Uadatsta k"t bathe @Fee that ode dwU nsnr MW not bo ored as in aQatiRian of coy Party 6a any UtlEttoo UK if any of do kvm of We,humaeandum of Understatdlnh am ova vtatded"n this MOU My be LI)MOdaosd as evidence of the s,ec=tttant between t'be Patties; 6. IU Par aBnse that if at any lbten date It Is deurmitred by a Court of compeum jud"Vetiee that the Rays Bove Violew the lambs dads Mewaandum of UndeMMS6S than they SIM to Pay d MVI in tltt: aftmat of F3.e lhaui ad(s5.000,00)Dollars to the Town for wh war toe�ilrnlo0 vlolatSon; 7. 7'As Foys hmby aff lm that they hr4e sought and mcivad fmm their naighbm at 903 Sea Vioww Ave.hh.O'Dooifelt,WO 111941 Sea view Avv..W.and WIM.Colomm,that dw wedding event ecbeduwd for%be weekend of OiCtoticr 11,200t1.at Qx Pfvpcny pooea ae iatuo to drain wbauocvtr.and B, The Pantes elm that faaitaIC signatures to this MAN m laduos of Understanding shall have the tam lbeft wJ offect w cwlginal dignaftimme. � I Gemp Pay.as aforesaid Loma Foy.Jr..as afarvaW Dahed; may, �ppg Uatod: Oetobor7.2009 Smn W.Rggh P.agaire m Atkxmy f w 0cww Foy ttnd LAW l FDY.)r. D W:Octebor 7.2008 . w�tl,tare se A=IM for Manreaa fr rtleft.TOM Conec0or fvr the To"of lifmomblo tlha lbws►of Benumbla Dread:.0cWW 7.2008 Drtted: CW*bw 7.2008 E•d COEOBt:9tiT0 �N?13H - 3a SNaf laq e00a z910 80 10/08/2008 11:25 FAX 508 862 4724 _ TOWN OF BARNSTABLE LEGAL Ia007 1016©/2008 11:50 5084280096 STUART W RAPP ESQ Court of M Dwp ateut jurisdiction and which Imlution would"a oaattoI or the issua h o been fully resolvad o*osMw. 4. Toe Foys will w4"aMvioa of p tvoesa in my maw 11W by tba Town s8*W dm Fop rung the imm of fo e11OWMe of a teat be*9 permitted by tht Toronto alloy evata to Ww pleco on t o ptopicty by. twumts of the Foyx S. The pu ticsi to this Mamorsa&w of UbdwowndloQ fw dw emw that this docw xw may not be and as an u%nk-a ion of eny Pasty in ow litigation but if my olf tbo uzms of this Wwraodum of Undatstsnrling arc evar violated tben this MOU may be i*odooed as evidence of,do apxeeamm bctw=the Pardee;, 6, T x goys 49w that if at wV fhw ov data it is detatl bW by a Court of compeow*3di►ction that the Fc5m bm vwlatad the teems od to am of Ylndaratad¢ing t ben they o8too to pay dames in the . mount of Dive Thountnd($5X1,00)Dollars m the Town for oa h Each confined V"Ifion; 7. The Foys leleby&fib=that dwy have avtt fht and received fivm tbar w4bbats at 905$ea View Ave.I&O'DMA,sad at 941 Sot Virw Ave.,W.and MM Colomon,duo.do weMmg evw sobadulod&r the wadi ad of 0cwbor 11,2008.at-ft I'tvporty poaeo no issue to them vAmwever,and S. The parties"*A bosimilc lips"to the MomAnandum of i3ri rhall hm the same fume and effW ae ori8,inal 4i8ttaturae. (IOMP Foy,as Louis Foy.Jr., a afoeesand Dated:Ocmber ���7'2� Stttatt squire Ys Atwtttey far awfiG Foy and Louis Foy.Jr. Dewed: OeWber 7,2MB Ruth Nail,Fsgaim as AeozameY.. t a u E Niemi,Tax Collecot for the Tows of Bamstsble the Tarots of Barnstable D OW& OcwbW?,20M8 bated: October.7.2048 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map V G Parcel — Permit# 6 Health Division z7`�/ Date-Issued_ V .-q i Conservation Division 00 t Fee Tax Collector t Treasurer ) Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Pr oject_Street-Address 9.2.3 Village Owner y LJ �cr� �,��.s��r Address Telephone "�� Permit_Request� �,9v� �TE.v r—�� o ) �.,•trg� �� .[3E�i'J..�/� /�®�.S� �g Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Valuation Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting d cumentn. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) ' c i 0�3 Age of Existing Structure Historic House: ❑Yes ❑No On Old King's —'hway: 0 Yes �_>❑ No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other `- Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION h Name � Telephone Number 'Address-1,�ck§coci,_I—An License# /1 ilon AAA ca7.3 g Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO PA SIGNATURE DATE LJ g q � t k FOR OFFICIAL USE ONLY PERMIT NO. q t DATE ISSUED ✓ MAP/PARCEL NO. 'r ADDRESS VILLAGE OWNER DATE OF INSPECTION: ? ` i FOUNDATION FRAME- , INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL a FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. i The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Amlicant Information Please Print Legibly Name(Business/Organization/Individual): ems► (1-,A+-5 Address: UX) City/State/Zip: iu.c, M A pa-�7, " Phone#: So Are you an employer?Check the appropriate box: Type of project(required): 1.V I am a employer with 4• ❑ 1 am a general contractor.and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet.$ ❑Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers' comp.insurance. 9. ❑Building addition [No workers' comp.insurance 5. ❑ We are a corporation and its officers have exercised their 10.❑Electrical repairs or additions required.] 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself.[No workers' comp. c. 152,§1(4),and we have no 12.❑Roof repairs insurance required.]t employees.[No workers' 13.K1 Other Tonne (� comp.insurance required.] r---��-T�- *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. . t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. lContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. 1 am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Pak ,- Insurance Company Name: �'C).tA-'�oc� Policy#or Self-ins.Lic.#: G V �� Expiration Date: 10 1Jr D g Job Site Address: FCY i6j q �AC City/State/Zip: 054e u;11p; A aab►v Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c.152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cent;fy under the ns penakies of perjury that the information provided above is true and correct. Signature: Date: S a Phone#: �O`6 47W (`79 oZ— Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/Iacense# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone M Apr 14 Z888 12:88:21 1866390499 -> 588 748 3997 The Hartford Fax Page 811 TE A CORD. CERTIFICATE OF LIABILITY INSURANCE U022 p4-14 2008 Pgam"R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HARTFORD FIRE INS CO/PAYROLL ASSOC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 250760 P: (877)287-1316 F: (877)287-1315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 308 FARMINGTON AVE INSURERS AFFORDING COVERAGE FARMINGTON CT 06032 avBUREo INMMMA:Twin City Fire Iris Co INSURER B: S PERRY TENTS CORP. INSURER C: 11 MARCONI LN. INSURER D: MART ON MA 02738 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELO ED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWrrH5TANDIRU_ 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AW' LTA TYJlOF61RflAAA� ►' �1 Lmms GEMNAL LLABIITV EACH OCCURRENCE 0 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE IAnY one 016) 0 CLAIMS MADE OCCUR MEO EV IAnY one pesan! e PERSONAL&AOV INJURY e GENERAL AGGREGATE 0 GENR AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG e POLICYjlcr Loc AUTOMOS"UABfbW COMBINED SINGLE LMIT 0 Me ecemm) ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS De person) HIRED AUTOS BODILY INJURYmmem 0 NON•OWNED AUTO$ M'el PROPERTY DAMAGE s [Per se0idert) GARAGE LAIM!" AUTO ONLY-EA ACCIDENT 0 ANY AUTO OTHER THAN EA ACC e AUTO ONLY: AGG e BXCES9tassiry EACH OCCURRENCE a OCCUR CLAIMS MADE AGGREGATE 0 s DEDUCTIBLE s RETENTION e e W0AWffCOA0[N AIDS4r=A X WC A DTH- A EA�01 '"" ' 76 WEG PR5242 10/15/07 10/15/08 E.L.GAC14ACCIDENT $100 000 E.L.DISEASE-EA EMPLOY ES 1100,000 E.L.DISEASE-POLICY LIMIT 05 0 0 0 0 0. Gsiea 098MMMNL!FW8ffAnVAWLOGATIONSfUNAMMIUEXtX6YGOMAIZOW8Y Pwavo ab Those usual to the Insured's Operations. Re: Natalie O'Reilly. Event Date 10/11/2008 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE 00 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE Foy HOUE:e HOLDER NAMED TO TINE LEFT,OUT FAILURE TO DO SO SHALL IMPOSE NO Y BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR 923 Sea View Ave. REPRESENTATIVES. Osterville, MA 02655 ACORD 26-S(7/97) °ACORD CORPORATION 1988 Certificate of Flame Resistance Manufacturer Number • Sperry Sails Date of Manufacture 363 9-Sep-05 11 Marconi Lane Marion, MA 02738 (508) 748 -2581 This is to certify that the materials described have been flame-retardant treated or are inherently non-flammable and were supplied to: Name: Sperry Tents City: Marion 02738 State: MA Certification is herby made that: The articles described on this certificate have been treated with a flame-retardant approved chemical and that the application of said chemical was done in conformance with California Fire Marshal Code equal to or exceeding NFPA 701, CPAI 84 Method of Application: Coated Fabric Color,Type and Weight: Oyster polyester 7.2 oz. Description of Item Certified: 32x70 ft. Pole Tent Flame-Retardant Process Used Will Not Be Removed By Washing And is Effective For The Life Of The Fabric Name of Applicator of FIR Finish Signed { Kolon _� F4 pf THE t Town of Barnstable RegulatorMA y Services Thomas F. ,a3a Geiler,Director Building Division Tom Perry, Building Commissioner. 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 C�I Pro er P ty OwnerMust Complete and n T Sign his Section If Using A Builder 1 as Owner of the r subject hereby authorize 1 Property in all matters relative to work authorized b to act on my behalf, Y this budding permit application for: (Address of Job) Signature of Owner J�IDate Print Name l If Property Owner is a Exemption Form on tlPpte""g eo ldermit please complete the Homeowners License TOWN OF BARNSTABLE TENT PERMIT PARCEL ID 090 005 GEOBASE ID 4341 ADDRESS 923 SEA VIEW AVENUE PHONE OSTERVILLE ZIP — LOT BLOCK LOT SIZE _ DBA DEVELOPMENT DISTRICT CO PERMIT 77512 DESCRIPTION 46X100 TENT FOR JUNE 23RD PERMIT TYPE BMISC TITLE MISCELANEOUS PERMIT CONTRACTORS: ARCHITECTS: Department of � Regulatory Services TOTAL FEES: $25.00 BOND .00 CONSTRUCTION COSTS $.00 � . 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE * BARNSI'ABLE, * i MASS. i 039. A1� ED MAl � •� . ' BUILDING D72,q � BY DATE., ISSUED j�a;"':?5/2004 EXPIRATION DATE U U7 ;! TOGJN OF BARNSTABLE TENT PERMIT » ' PARCEL ID 090 005 GEOBASE ID 4341 ADDRESS 923 SEA VIEW AVENUE PHONE .�, OSTERVILLE ZIP — LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 77512 DESCRIPTION 46X100 TENT FOR DUNE 23RD PERMIT TYPE BMISC TITLE MISCELANEOUS 'PERMIT CONTRACTORS: ARCHITECTS: Department of Regulatory Services TOTAL FEES: $25.00 i BOND N CONSTRUCTION COSTS $.00 � . 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE * 11AMSTABIZ, MASS. a s i639. �� I FD MP'�A BUILDIjNG DIVISION BY "I ATE ISSUED 06/25/2004 EXPIRATION" DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL_CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE'!SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2.PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND M FOR (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. CH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 t 2 2 2 t 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT i 2 BOARD OF HEALTH I I, OTHER: SITE PLAN REVIEW APPROVAL 1 I � I I WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY I VARIOUS STAGES OF CONSTRUC MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. I i i BUILDING PERMIT . �� RICHARD H.LOVELL RACKEMANN, SAWYER & BREWSTER JETS T.RIEDEN L W ILLIAM B.TYLER PETER FRIEDENBERG GEORGE V.ANASTAS PROFESSIONAL CORPORATION RICHARD S.NOVAK PETER W.KILBORN +• CHRISTINE DONELAN HUBBARD HENRY H.THAYER JOHN J.O'BRIEN BRIAN S.MEYER - C O LI N SELLORS AT LAW STEV EN J.MASTROVICH JOSEPH L.SERAFINI JENNIFER S.D.ROBERTS STEPHEN CARR ANDERSON ESTABLISHED 1886 THOMAS R.HOWLEY LAWRENCE E.KAPLAN JAMES A.MORAN ALBERT M.FORTIER,JR. JANE H.PITT MICHAEL F.O'CONNELL ONE FINANCIAL CENTER MARGAR ET L.HAYES JOHN J.GRIFFIN,JR. DAVID A.KELLY STUARTT. BOSTON, MASSACHUSETTS 02111-2659 ANNDANI CLAFEL OESOFF RAYMOND J..BRASSARD BRAS ALAN B.RUSENSTEIN SCOTT J.NATHAN B ARBARA KIND PERRY AREA CODE 617-542-2300 JOHN E.McELHINNEY MARTIN R.HEALY NICOLE LACCETTI RIVES RICHARD TELLER TELECOPIER 617-542-7437 SANFORD M.MATATHIA JAMES R.SHEA,JR. MARY B.FREELEY BRIAN M.HURLEY • STEPHEN M.VOLTZ KEVIN J.TOOMEY NA N CY S.GRODBERG JANET M.SMITH WALT E.MONTAGUE GORDON M.ORLOFF }h KEVIN P.O'BRIEN OF COUNSEL tl� THOMAS JAMES MORRISSEY ALBERT B.WOLFF ROBERT I.GOETZ AUGUST R.MEYER �' (� I o o MARY T.MARSHALL L �IJ�!�JJJ " l`./^'� October 25, 1988 RJAMHESRM GODEC GLY COUNSE HARD LD J.CARROLL 11 ..•/�~m SUSAN WALSH DAVIS KATHARINE F.LEWIS E RIC FLEISCHMANN K RISTIN A.CAMPBELL MELISSA LANGER ELLIS SHERI-LYN SCULLY Mr. Joseph D. Daluz Building Inspector Town of Barnstable Town Office Building Hyannis, Massachusetts 02601 Re: 923 Seaview Avenue, Osterville Dear Mr. Daluz: As you may recall, our firm has been retained by Mr. and Mrs. Carmen Elio, residents at 905 Seaview Avenue in Osterville, to represent them in connection with an ongoing controversy with a neighbor, Mrs. Katharine S. Foy, who resides at 923 Seaview Avenue. For some time, the Elios have been attempting through various legal channels to confine Mrs. Foy's activities to those which are allowed on her property under the Town of Barnstable Zoning By-Law. In that connection we have been asked to write this letter to you. requesting enforcement of certain provisions of the Zoning By- Law which have been repeatedly violated by Mrs. Foy, as described below. Your efforts to date, particularly in writing to Mrs. Foy to advise her of her transgressions, have been appreciated. Notwithstanding your efforts, however, Mrs. Foy has continued to lease buildings on her property for single-family residences (while residing herself in other buildings on her property) and has allowed her property to be used for commercial purposes (i.e. , weddings and other social functions) , both in violation of the Zoning By-Law. As a result, you will note in our request for enforcement which follows that we are asking you to take certain additional steps which, unfortunately, have become necessary in light of Mrs. Foy's failure to comply with earlier warnings which have been issued by your office and from the Barnstable Superior Court. RACKEMANN,SAWYER & BREWSTER Mr. Joseph D. Daluz October 25, 1988 Page 2 We hope that you will consider carefully taking the enforcement actions which are requested below: 10 I. THE SMALL RESIDENCE It is our understanding that a small structure on Mrs. Foy's property (which is believed to have formerly been a tool shed) was converted into a separate residence by the addition of a kitchen to that structure within the past eight years. We have been unable to locate a building permit for that addition in your department's records. Given the fact that the kitchen addition was constructed so as to encroach on the Elio property, it is likely that the addition was, in fact, built without a building permit, since your department undoubtedly would have required that a plot plan showing the addition be submitted either prior to the issuance of a building permit or a certificate of occupancy for the addition. Even if a building permit was issued for the original kitchen addition (which is unlikely) , that addition would have required a special permit pursuant to Section 4-4 . 2 of the Zoning By-Law and M.G.L. Chapter 40A, Section 6 for the extension of an existing non-conforming structure, including a finding by the Board of Appeals that the non-conforming structure as extended would not be "substantially more detrimental" to the neighborhood. (The structure to which the kitchen addition was added was quite clearly non-conforming, being located within the 15-foot side yard which is applicable in the RF-1 Zoning District where both the Elio and Foy properties are located. ) We found no evidence of such a special permit in a search of the records of the Barnstable Board of Appeals. Therefore, the original kitchen addition was invalidly constructed, and the legal status of that structure, for zoning purposes, remained that of a non- residential structure without kitchen facilities, since the construction of the original kitchen addition was unlawful. On August 20, 1987, you issued a building permit (No. 31108) allowing the kitchen addition to be reconstructed so as to eliminate the encroachment on the Elio property. As discussed above, the structure to which the kitchen was added pursuant to that building permit quite clearly was a non- conforming structure located within the 15-foot side yard setback requirement which is applicable in the RF-1 Zoning District, and the legal status of that structure was as a non- residential building. Therefore, as with the original kitchen addition, . extension of that non-conforming structure by construction of the new kitchen addition should have been allowed only following the issuance of a special permit for RACKEMANN,SAWYER &BREWSTER Mr. Joseph D. Daluz October 25 1988 Page 3 I the extension of a non-conforming structure pursuant to Section 4-4.2 of the Zoning By-Law and M.G.L. Chapter 40A, Section 6. However, a search of the records of the Barnstable Board of Appeals has revealed no special permit issued by the Board in advance of the issuance of the above-referenced building permit. Therefore, that building permit and any certificates of occupancy issued in connection therewith were invalidly issued. In addition, we have been advised by our clients that Mrs. Foy has, on a regular basis, been leasing the small residence to tenants while one or both of the other residences on her property have also been occupied. As you have yourself pointed out in a letter to Mrs. Foy's attorney, it is a violation of the Zoning By-Law provisions applicable to the RF-1 Zoning District (which provide that single-family residential use is allowed as of right) for Mrs. Foy to lease the small residence while either of the other residences on the property is being occupied by Mrs. Foy's family or by another tenant. Because a valid building permit was not issued for the construction of the kitchen addition, and in view of Mrs. Foy's leasing of the small residence to tenants despite warnings to the contrary issued by your office, we now request on behalf of our clients that an order be issued requiring the removal of the kitchen addition. Although this may appear to be a somewhat harsh remedy, it is, in fact, the only remedy which will resolve both the ongoing structural violation and the use violation which has been occurring in connection with this particular structure. The removal of the kitchen addition, which was not validly constructed in any event, will presumably render the small residence uninhabitable, requiring you to revoke any certificates of occupancy which may have been issued for this structure as a residence, thereby preventing the illegal rental of this residence in the future. II. THE GARAGE APARTMENT AND THE MAIN RESIDENCE We acknowledge that the apartment above the garage on the Foy property has long been in place, and that so-called "family apartments" are allowed, under certain circumstances, in the RF-1 District. We also acknowledge that the main residence on the Foy property is an allowed single-family structure. Nevertheless, in view of Mrs. Foy's practice of leasing out the main residence and the small residence on her property while residing in the garage apartment, we request, on our clients' behalf, that an order be issued prohibiting RACKEMANN,SAWYER &BREWSTER Mr. Joseph D. Daluz October 25, 1988 Page 4 future occupancy of either the garage apartment or the main residence by anyone other than Mrs. Foy, her family, and her short-term guests. The order may make exception to allow Mrs. Foy and her family to vacate and rent out the entire property, including the two residences thereon (the former tool shed no longer being available for residential use for the reasons set forth above) , but we request that the order specify that, in that event, Mrs. Foy should give notice of the leasing of the entire property to your department. Unfortunately, we have concluded with our clients that steps such as we have proposed are necessary to insure that Mrs. Foy will discontinue her practice of leasing out the main residence and the small residence on her property while residing in the garage apartment. Although the Elios have never objected to use of the main residence and the garage apartment on the Foy property by family and guests of the owner, the commercial enterprise that has existed on the property in recent years is clearly in violation of the Zoning By-Law. We have advised our clients that the only apparent solution is that which is proposed above, and we request that such action be taken at this time. III. WEDDINGS Notwithstanding repeated warnings from your office, as well as from the Barnstable Superior Court, Mrs. Foy continues to use her property for weddings and other large functions. Mrs. Foy is, of course, free to host social gatherings on her property as long as they do not disturb the peace of the neighborhood or rise to the level of noxious or offensive uses prohibited by Section 2-6. 1(1) of the Zoning By-Law, provided that those activities are non-commercial in nature. The difficulty for all involved has been establishing whether or not the various functions which have taken place on the Foy property have, in fact, been non-commercial activities involving merely family and friends of Mrs. Foy. In this regard, it has been specifically suggested by our clients that a fair resolution would be to require Mrs. Foy to execute, prior to any social gathering on the Foy property, an affidavit to the effect that: 1. The event involves her family and/or friends and acquaintances only; and RACKEMANN,SAWYER &BREWSTER Mr. Joseph D. Daluz October 25, 1988 Page 5 2 . She is receiving no monetary or other consideration for the use of her property for the function (including, without limitation, the receipt of rent for the property for the period preceding or following the event in question) . On behalf of our clients, we request that you issue an order to this effect at this time. In light of the past activities on the Foy property, this would seem to be a very fair solution addressing the needs and concerns of both parties. In addition, the issuance of such an order at this time will hopefully avoid future situations where a wedding has already been planned and you are placed in a difficult position of having to decide whether or not to prevent the anticipated event from taking place. In conclusion, on behalf of Mr. and Mrs. Elio, we request that the following actions be taken immediately: 1. Issuance of an order requiring removal of the kitchen addition on the small residence, and, in connection therewith, revocation of any existing certificate of occupancy for use of that structure as a residence; 2. Issuance of an order directing that the garage apartment and the main residence on the Foy property are to be used solely by Mrs. Foy, her family, and her short-term guests; provided, however, that Mrs. Foy and her family shall be allowed to vacate and lease the entire property, including the residences thereon (which would include the main house and the garage apartment, but not the former tool shed which will no longer be available for residential purposes) , upon giving notice of this fact to your department; and 3 . Issuance of an order requiring Mrs. Foy to execute an affidavit prior to holding any social gatherings on her property stating that the function in question is for her family and friends and that she is receiving no consideration for use of her property in connection therewith. RACKEMANN,SAWYER &BREWSTER Mr. Joseph D. Daluz October 25, 1988 Page 6 We appreciate very much your time in reviewing this letter, and your consideration of the matters discussed above. You will note that, in light of their past assistance and cooperation, we are forwarding a copy of this letter to the Board of Selectmen and the Town Counsel 's office so as to keep them apprised of our activities. We will be happy to discuss the above with you at your convenience, and look forward, as do you, to a satisfactory resolution of this matter. Your response within 14 days, as provided by M.G.L. Chapter 40A, Section 7, would be much appreciated so that we can plan any further course of action which may be necessary. Very truly yours, Lav L, YOL-� Lawrence E. Kaplan LEK/nkr cc: Town of Barnstable Board of Selectmen Town of Barnstable Town Counsel Mr. Carmen Elio William F. Brady, Esq. r ROPES & GRAY -225 FRANKLIN STREET BOSTON, MASSACHUSETTS 02110 IN PROVIDENCE: (617)423-6100 IN WASHIN'GTON: 30 KENNEDY PLAZA TELEX NUMBER 951973 ROPES GRAY BSN 1001 PENNSYLVANIA AVENUE PROVIDENCE,R.I.02903 TELECOPIER: (617)423-2377•(617)423-7841 SUITE 1200 (401)521-6400 - (617)423-6905 WASHINGTON,D.C.20004 TELECOPIER:(401)521-0910 (202)626-3900 TELECOPIER:(202)626-3961 August 17, 1988 Joseph D. DaLuz Building Co-,missioner Town of Barnstable Town Office Building Hyannis, MA 02601 Re: Katharine Foy Property Dear Mr. DaLuz: This is to confirm that Mrs. Foy is permitting a friend of hers, as her guest, to use her property for a wedding reception. No charge will be made for the use of the property, and Mrs. Foy will be attending both the wedding and the reception. Since the family giving the wedding will be staying as guests of Mrs. Foy, no strict limits have been set as to when they will arrive or when they will leave. It is likely, however, that they will arrive shortly after Labor Day and will stay about ten days. The wedding itself is planned for September 10. Please let me know if you need any further information; I appreciate your help and cooperation. Yours sincerely, Virginia C. Hall VCH/bg cc: Mrs. Katharine Foy Bruce P. Gilmore, Esq. RICHARD H.LOVELL RACKEMANN, SAWYER & BREWSTER JOHN T.CARROLL WILLIAM B.TYLER PETER FRIEDENBERG GEORGE V.ANASTAS PROFESSIONAL CORPORATION RICHARD S.NOVAK PETER W.KILBORN CHRISTINE DONELAN HUBBARD JOHN J.O'BRIEN BRIAHENRY . EYER COUNSELLORS AT LAW STEVEN J.MASTROVICH JOSS L.SER JENNIFER S.D.ROBERTS JOSEPH LCA RA FI D ONE FINANCIAL CENTER THOMAS R.HOWLEY STEPHEN CARR AN DERSON JAMES A.MORAN LAWRENCE E.KAPLAN JANE H.PITT ALBERT M.FORTIER,JR. BOSTON, MASSACHUSETTS 02111-2659 MARGARET L.HAYES M ICHAEL F.O'CONNELL DAVID A.KELLY JOHN J.GRIFFI N,J R. DANIEL J.OSSOFF AREA CODE 617-542-2300 ANN CLAFFEY STUART T.FREELAND SCOTT J.NATHAN RAYMOND J.BRASSARD TELECO PIER 617-542-7437 JOHN E.MCE LHINN EY ALAN B.RUBENSTEIN NICOLE LACCETTI RIVES BARSARA KIND PERRY C (� SANFORDFREEL M. TATHIA MARTIN R.NEALY Tugus•t 1J, 1708 STEPHEN M.VOLTZ RICHARD TELLER t] 0 NANCY S.GRODBERG JAMES R.SHEA,JR. WALT E.MONTAGUE BRIAN M.HURLEY GORDON M.ORLOFF KEVIN J.TOOMEY KEVIN P.O'BRIEN JANET M.SMITH THOMAS JAMES MORRISSEY ROBERT I.GO ETZ M ARY T.MARSHALL OF COUNSEL Federal Express RICHARD J.GALLOGLY ALB ERT B.WOLFE JAM ES M.GODEC AUGUST R.MEYER SUSAN WALSH DAVIS KATHARINE F.LEWIS ERIC FLEISCHMANN COUNSEL Mr. Joseph D. DaLuz KRI STIN A.CAMPBELL HAROLD J.CARROLL MELISSA LANGER ELLIS Building Inspector SHERI-LYN SCULLY Town of Barnstable Town Office Building Hyannis, Massachusetts 02601 Re: 932 Seaview Avenue, Osterville Dear Mr. DaLuz: My firm has been retained by Mr. and Mrs. Carmen Elio to represent their interests with regard to certain nonconforming uses of the premises located at 932 Seaview Avenue, Osterville. Because I have not been able to reach you by telephone this afternoon, I am writing to inform you that my clients learned this weekend that Mrs. Foy's property will apparently be the site of another wedding reception during the weekend of August 20-21. As you have already pointed out to Mrs. Foy in your letter to her of May 16, 1988, this proposed use is in direct contravention of the Zoning By-law of the Town of Barnstable. On behalf of the Elios, I request that you take prompt action to prevent the unauthorized use of Mrs. Foy's property. I also understand that the Elios' previous counsel, Mr. Yurko, recently wrote to you regarding Mrs. Foy's continued residence at her property while her house is rented to others. I request that your response to Mr. Yurko's letter be directed to me. In view of the short period of time before the proposed wedding reception, I would appreciate your contacting me at your earliest convenience regarding whether your office will undertake enforcement proceedings. Vjetruly yours ll� Jfe D. Roberts L - - BRUCE P. GILMORE ATTORNEY AT LAW 1064 ROUTE 6A WEST BARNSTABLE, MA 02668 P.O.BOX 714 TELEPHONE 362.8833 WEST BARNSTABLE,MA 02668 AREA CODE 508 July 6, 1988 Joseph D. DaLuz, Building Commissioner TOWN OF BARNSTABLE 367 Main Street Hyannis, MA 02601 Re: Katherine Foy Property Seaview Avenue, Osterville Dear Mr. DaLuz: I have been retained by Virginia Hall of Ropes & Gray to represent Katherine Foy concerning her property in Osterville. The purpose of this letter is to respond to your letter of June 29, 1988 and the allegation that a zoning violation may exist. The property has been in the Foy family for many, many years and is typical of the oceanfront summer homes with out-buildings and servants quarters constructed over the last 75 to 100 years in the more affluent sections of our town. Some 35 years ago Mrs. Foy purchased the inherited interest of her brother and sister in the property. Initially to finance this purchase she rented the main house for the months of July and August and moved herself and her family into the residential quarters above the four-car garage for the summer, this apartment had previously served as servants quarters, this practice has continued through the present and is a valid, protected, prior ron-conforming use. The small cottage between the main house and the garage houses a caretaker. I am currently investigating the status and use of this building from the 1950's to the present, but it is not currently under lease. We would be happy to provide affidavits or additional information in support of the above. Should you have any questions, please contact me. Very truly, Bruce P. Gilmore BPG/ahg cc: Attorney Virgin.ia Hall f:,�,.�TrLq I . .JOSF,PH D. DALI TELBPHONE: 773.1120 Building Commitsiontf EXT. 107 A ..TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 29, 1988 Lauren E. Duca, Esquire Gadsby & Hannah One Post Office Square Boston, MA 02109 RE: 923 Seaview Avenue, Osterville Dear Attorney Duca: I have had an opportunity to view the property at 923 Sea View Avenue, Osterville re the issues outlined in your letter of June 14, 1988., On Tuesday, June 28th the only persons on the property were electricians repairing a sprinkler leak. Two automobiles were parked at the garage apartment. a. The shed undoubtedly is being used for living quar.ters' and would be a violation of zoning if Mrs. Foy is renting to a tenant/lodger: I have no evidence to substantiate that she is renting for some monetary figure. b. The same would apply to the garage apartment. There are several complexes in this area, as in other areas of the Town, which at one time provided maids and chauffers quarters. Mr. Elio has such an apartment over his garage that was in existence when he purchased the property. What I am relating is that the use of these units is the issue that would involve zoning. Should Mrs. Foy decide to use the units for non-paying guests, she would certainly be entitled to do that, as would anyone with the same circumstances. c. There is nothing in our by-law to prohibit leasing of the main house. d. Mrs. Foy could not, however, move into one of her units while leasing the main house. 1 Lauren E. Duca, Esquire June 29, 1988 ' Page 2 This matter has been discussed at length with Mrs. Foy's attorney and a resolution has commenced as of this writing. I trust this will resolve the issue. Peace, 7?oseph D. DaLuz Building Commissioner JDD/gr cc: Town Counsel Board of Selectmen Certified mail P-53.9 082 846 R.R.R. JOSF,PN D. DALuz Building Commissioner TELBPHONE: 773.1120 EXT. 107 TOWN OF BARNSTABLE ' BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 29, 1988 Virginia C. Hall, Esquire Ropes & Gray 225 Franklin Street Boston, MA 02111 RE: Katherine Foy Property Dear Ms. Hall: This letter. is to confirm our telephone conversation of June 28th re the complaint filed by Attorney Laruen Duca, Attorney for Mr. Elio. It is imperative that this issue of zoning be dealt with immediately. It simply means that Mrs. Foy cannot rent her units to tenants, in either or both units. She may lease her main house, but must not live in her other unit while renting the main house. As per our conversation she may wish to apply to the Board of Appeals to change the non-conforming use of maids and/or chauffers quarters to rentable units. However, until such relief is granted by the Board of Appeals there is a zoning violation. The Town of Barnstable Zoning By- shall be enforced. I trust that you will notify your client of the issues and that litigation will not be necessary. Should you have any further questions, please contact this office. Peace, r, (( J seph D. D u Building Commissioner JDD/gr cc: Town Counsel Board of Selectmen I JOSF,PH D. DAL1.12 TELHPHONE: 775.1120 Building Commistiontr EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 21, 1988 i Attorney Lauren Duca Gadsby & Hannah One Post Office Square Boston, MA 02109 RE: 923 Sea View Avenue, Osterville, MA Katharine S. Foy Dear Attorney Duca: I am in receipt of your letter dated June 14, 1988 re the property located at 923 Sea View Avenue, Osterville. I will respond to the issues outlined in your letter as soon as humanly possible. Peace, J seph D. DaLuz� uilding Commissioner JDD/gr cc: Board of Selectmen f GADSBY & HANNAH ONE POST OFFICE SQUARE 437 MADISON AVENUE BOSTON, MASSACHUSETT502109 1747 PENNSYLVANIA AVENUE, N.W. NEW YORK. N.Y. 10022 WASHINGTON, D.C. 20006 l 2 1 2 1 7 59-9030 (617) 357-8700 l (202) 429-9600 TELEX:667291-LAWRIP - TELEX:68177,12 GADHAN BSN 1 TELEFAX:(202)429-9894 TELEFAX:(617)357-7180 {. June 14 , 1988 VIA FEDERAL EXPRESS Mr. Joseph D . DaLuz Building Commissioner Town of Barnstable: Town Office Building Hyannis, MA 02601 Re: 923 Sea View Avenue, Osterville, MA Katharine S . Foy Dear Mr . DaLuz : We represent Carmen and Elaine Elio of 905 Seaview Avenue, Osterville. The Elios property abuts the property located at 923 Seaview Avenue, Osterville, which- is owned by Katharine S . Foy . We understand that William Brady spoke with you on June 9 on behalf of the Elios concerning the rental of ''-ic Foy property in violation of the Town of Barnstable Zoning By-Laws (hereinafter refer--red to as the "Zoning By-Laws" ) . You informed Mr. Brady that you would take no action until a letter was sent requesting you to enforce the Zoning By-Laws . By this letter, the Elios hereby request investigation and enforcement action pursuant to M.G .L. Chapter 40A, Section 7 concerning the matters detailed below. It is our understanding on information and belief that Mrs . Foy is renting rooms to tenants and/or lodgers at 923 Seaview Avenue in violation of the Zoning By-Laws . The information known to us reveals the fcllowing: a. The former shed (which has recen'L:.ly been converted to a dwelling by an addition to the structure) located near the Elio property line is being rented to a tenant and/or lodger; b. The apartment above the garage structure is being used for rental purposes and is currently being rented to tenants and/or lodgers ; and C . Katharine Foy intends to rent her property to a certain Mr . O'Keefe during July and August. See the letter from Mrs . Foy to Judge Keady attached hereto as Exhibit "A" . I Mr. Joseph D . DaLuz June 14, 1988 Page Two d. Furthermore, the Elios have been informed that the main house will be rented to Mr. O'Keefe and that Mrs . Foy will occupy space in another building on the property . The Foy property is located within the RF-1 Zoning District . Section 3-1 .3 of the Zoning By-Law permits only a "single-family residential dwelling (detached) " in the RF-1 District. Section 7 defines "Dwelling, Single-Family" as " [a] detached residential building designed for and occupied by a single family . " Where more than a single family is living on the Foy property in separate buildings, we request enforcement of the provisions of Sections 2-3 .1 and 3-1 . 3 of the Zoning By-Law. Our records show that you commenced an inquiry in this matter in May 1987 . See your letter dated May 5, 1987 to Mr . James A. Brink attached hereto as Exhibit "B" . Also, Mr. Brady inquired into this matter in his letter to you dated November 4 , 1987, attached hereto as Exhibit "C" . Mr. Brady informs us that he j never received a response to his letter. I We respectfully request that you act immediately to prevent an continuing violation of the Zoning y g onin, By-Laws . As stated above, Katharine Foy intends to rent her property in July . Any delay in enforcement of the Zoning By-Laws until July may cause a more difficult and time-consuming resolution of this matter. Please do not hesitate to contact me should you require any additional information. In any event, I shall contact you on June 17 to discuss this matter. Sincerely, L uren E . Duca LED/llw cc : Board of Selectmen, Town of Barnstable EXHIBIT A K4 Jar;,, boy ha vt vem4d f . .2 week f� a omf b to or+joy ,� Thee ' w:11 be a reGep kon 01 7vAG 411 1 Wkf'CA 4 j,-ce de-fall iw 4Jw �► i �ph A ler4ed: w n��h�✓ his e cCaryo 1�+s , kiJil IfO ur W .mocf- r'ap"r4b lh �It CM- rP 01461 04 a !A- o la* has svlr *-4lewl. r� - sir► A6 1, t e� n 1b1ouJ 943 0 ox" t EXHIBIT Bt1s� R dALil� a". SSW a.rr�r..► TOWN OF BARNSTABLE BUILDING iNSPRCTCR TOWN omex "nummo 1 MYANNW* MAM& GMt Ksy S, 1987 • �I Mr. James A. Brink Hale b Derr ' 66 State Street Boston, MA 02109 RE: A-90-5 923 Sea View Avenue, Osterville, MA Katharine S. Foy Dear Mr. Brink: I have received a request for enforcement action under K.G.L. c. 40A, §7, to order removal of' portions of structures located at 923 Sea View Avenue that encroach on property located at 905 Sea View Avenue, Osterwille, owned by Mr. and Xrs. Carmen Elio.. The records in this department do oot indicate that permits were issued for the structures alleged to be is violation. In order that a determination can be properly made I am requesting that a certified plot plan be submitted to my attention as well as copies of permits Authorizing the structures involved. It is also alleged that Mrs. Foy is renting room to lodgers. The renting of rooms is not permitted in this area under the Town of Barnstable Zoning By-law. I am, therefore, requesting permission to make an on site inspection of the duelling. I appreciate your prompt.attAtion in this matter and further request a reply vithin fourteen (14) days of receipt of this letter. Thank you for your cooperation. Peace, Joseph D. DaLuz Building Commissioner JDD/gr cc: Patrick C. Toomey, Esquire✓ CERTIFIED MAIL - RRIV.• P 610 564 002' r . ! . EXHIBIT C FANEUIL HALL CAPITAL GROUP One Post ssac Square Boston,Maassachusetts 02109 Telephone:617-423-6566 November 4, 1987 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis, MA 02601 Re: Foy; 923 Sea View Avenue, Osterville Dear Mr. DaLuz: I represent Mr. and Mrs. Carmen Elio, the owners of .and adjacent to 923 Sea View Avenue. I have recently been informed that a structure that encroached on the Elio's land this summer has been moved to another location on the Foy property. As we discussed on the telephone today, we request that you make an on-site inspection of the Foy property to determine (1) whether any structures or parts of structures encroach on the Elio property, (2) whether the recent removal of the structure brings the portion of the building now remaining at that location into compliance with the zoning setback requirements, and (3) whether each structure (including the newly-relocated structure) on the Foy property complies with the existing setback requirements and, if not, whether there are building permits on file to show that an existing condition is lawfully nonconforming. I also note that in your letter to Katharine Foy dated May 5, 1987, you asked permission to inspect the premises for lodgers. Would you kindly notify me of the result of this inspection and the inspection regarding compliance with zoning. Thank you. VeW_ _ urs, 44 Willia . brad WFB/lit TMEBABBSTABIt TO� � rAss. `� � `• pp 1639. �f0 MAY 61' 36 7 Kin Sireel, Jd "nnid, Mau. 02601 June 21 , 1988 TO: Joseph DaLuz, 'Builloing Commissioner FROM: Board of Selectmen Je)fr-- Attached is a copy of the latest letter from Lauren E. Duca of Gadsby & Hannah Law Firm regarding the property at 923 Seaview Avenue, Osterville. What is the status of this at this point. We .are in receipt of your correspondence regarding the wedding on the site. Also Mr. Flynn would like to meet with your regarding Bob Hayden' s site in Cotuit. , r GADSBY & HANNAH TOW OF" NSTABLE ONE POST OFFICE SQUARE SELFF!I!(C[( 437 MADISON AVENUE 1747 PENNSYLVANIA� BOSTON, MASSACHUSETTS 02109 VENUE. N.W. NEW YORK. N.Y. 10022 WASHINGTON. D.C. 20006 16171 357-8700 1212, 7 59-9030 �-'• 15 ,M409600 TELEX:667291-LAWRIP TELEX:68175-2 GADHAN BSN TELEFAX:12021 429-9894 TELEFAX:16171357-7180 June 14 , . 1988 VIA FEDERAL EXPRESS Mr. Joseph D. DaLuZ Building Commissioner Town of Barnstable Town Office Building Hyannis, MA 02601 Re: 923 Sea View Avenue, Osterville, MA Katharine S . Foy Dear Mr. DaLuz : We represent Carmen and Elaine Elio of 905 Seaview Avenue, Osterville. The Elios property abuts the property located at 923 Seaview Avenue, Osterville, which is owned by Katharine S. Foy. We understand that William Brady spoke with you on June 9 on behalf of the Elios concerning the rental of the Foy property in violation of the Town of Barnstable Zoning By-Laws (hereinafter referrred to as the "Zoning By-Laws" ) . You informed Mr. Brady that you would take no action until a letter was sent requesting you to enforce the Zoning By-Laws . By this letter, the Elios hereby request investigation and enforcement action pursuant to M.G.L. Chapter 40A, Section 7 concerning the matters detailed below. It is our understanding on information and belief that Mrs. Foy is renting rooms to tenants and/or lodgers at 923 Seaview Avenue in violation of the Zoning By-Laws . The information known to us reveals the following: a. The former shed (which has recen-cly been converted to a dwelling by an addition to the structure) located near the Elio property line is being rented to a tenant and/or lodger; b. The apartment above the garage structure is being used for rental purposes and is currently being rented to tenants and/or lodgers ; and c. Katharine Foy intends to rent her property to a certain Mr. O'Keefe during July and August. See the letter from Mrs . Foy to Judge. Keady attached hereto as Exhibit "A" . - CI r s Mr. Joseph D. DaLuz June 14 , 1988 Page Two d. Furthermore, the Elios have been informed that the main house will be rented to Mr. O'Keefe and that Mrs . Foy will occupy space in another building on the property. The Foy property is located within the RF-1 Zoning District. Section 3-1.3 of the Zoning By-Law permits only a "single-family residential dwelling (detached) " in the RF-1 District. Section 7 defines "Dwelling, Single-Family" as " [a] detached residential building designed for and occupied by a single family. " Where more than a single family is living on the Foy property in separate buildings, we request enforcement of the provisions of Sections 2-3 .1 and 3-1 .3 of the Zoning By-Law. Our records show that you commenced an inquiry in this matter in May 1987 . See your letter dated May 5, 1987 to Mr. James A. Brink attached hereto as Exhibit "B" . Also, Mr. Brady inquired into this matter in his letter to you dated November 4 , 1987, attached hereto as Exhibit "C" . Mr. Brady informs us that he never received a response to his letter . We respectfully request that you act immediately to prevent any continuing violation of the Zoning By-Laws . As stated above, Katharine Foy intends to rent her property in July. Any delay in enforcement of the Zoning By-Laws until July may cause a more difficult and time-consuming resolution of this matter. Please do not hesitate to contact me should you require any additional information. In any event, I shall contact you on June 17 to discuss this matter. Sincerely, I IV 'L uren E. Duca ,p LED/llw cc: Board of Selectmen, Town of Barnstable EXHIBIT A K 4 lgrin ar. AF- hA yC vCh4d Q 23 .Swvr�aw AK, �q .2 week o �am�Ja to a►�joy w••�A Theat � w�l1 be q reoep��on on 7W+G 4 bt t h W WCA qC t do-fo 1 4 eon Q 1er4ed: naokv fl ecaroo }�s , kMly Ienf us. 1us �+►; pvem t a►� ,�r, �+d +,n 9001 C 40 01;ref 1"41V 04Y ay . 0 I=& has 116-4fewl, I F � !r �/l�1, tee „►e �w 8� �7 9. 3 004 a ' r I s' EXHIBIT B ��� 3e 0. eat.ae a TOWN OF BARNS'T'ABL E BUILDING 1MSPZCTCR TOWN 0MC= 9tJ MM4 MYAMMM eWa• SMI May S, 1987 Mr. James A. Brink We 6 Darr 66 State Street Boo ton, YA 02109 RE: A-90-5 923 Sea View Avenue, Osterville. MA Katharine S. Foy Dear Mr. Brink: I have received a request for enforcement action under K.G.L. e. 40A, 17. to order removal of' portions of structures located at 923 Sea View Avenue that encroach on property located at 905 Sea View Avenue, Osterville, owned by Mr., and firs. Caen Elio. The records in this department dV not indicate that permits were issued for the structures alleged to be id violation. In order that a determinations can be properly made I am requesting that a certified plot plan be submitted to my attention as vell as copies of permits authorizing the structures involved. It is also alleged that Mrs. Foy is renting room to lodgers. The renting of rooms is not permitted in this area under the Town of Barnstable Zoning By-law. I am, therefore, requesting permission to make an on site inspection of the dwelling. I appreciate your prompt.attAtion in this batter and further request a reply vithin fourteen (14) days of receipt of this letter. Thank you for your cooperation. Peace, Joseph D. DaLuz Building Co=.issioner JDD/gr . cc: Yatrick C. Toomey, Esquire✓ CERTIFIED MAIL - RRR;.• P 620 564 002' . m ' • EXHIBIT C FANEUIL HALL CAPITAL GROUP One Boston,Post aOffice ch Square Telephone:617423.6566 November 4, 1987 Mr, Joseph D. DaLuz Building Commissioner Town of Barnstable Town office Building Hyannis, MA 02601 Re: Foy; 923 Sea View Avenue, osterville Dear Mr. DaLuz: I represent Mr. and Mrs. Carmen Elio, the owners of land adjacent to 923 Sea View Avenue.. I have recently been informed that a structure that encroached on the Elio's land this summer has been moved to another location on the Foy property. As we discussed on the telephone today, we request that you make an on-site inspection of the Foy property to determine (1) whether any structures or parts of structures encroach on the Elio property, (2) whether the recent removal of the structure brings the portion of the building now remaining at that location into Compliance with the zoning setback requirements, and (3) whether each structure (including the newly-relocated structure) on the Foy property complies with the existing setback requirements and, if not, whether there are building permits on file to show that an existing condition is lawfully nonconforming. I also note that in your letter to Katharine Foy dated May 5, 1987, you asked permission to inspect the premises for lodgers. Would you kindly notify me of the result of this inspection and the inspection regarding compliance with zoning. Thank you. Ve y tr ly urs, William F. Brad WFB/lm r V HAYDEN BUILDING MOVERSt INC. FALMOUTH AVE. TOWRW�,,*t BQE635 TEL.Sft1ff40 $4;'S OFFICE WHEEL WORK A SPECIALTY MR 1 • All A2 REFERENCES,INSURED,BONDED Board of Selectmen April 5 , 1988 Town of Barnstable 367 Main Street Hyannis , MA 02601 Dear Sirs, Please find enclosed dopies of two letters , one dated December 2, 1987 and January 28 , 1988 . There may be other correspondence that the Town is aware of but as yet no copies of those letters have been made available to me. I am in no way inferring that they are unavailable but am merely stating that I have not seen copies of any correspondence regarding the unsitely conditions on Industry Road. I am sure I need not enclose any pictures of the "Treasure Highland" business location as did exist next to Route 28 for approximately 35 years . However I feel it safe to say that much of that debris has been cleaned up, though some of it was actually saved by Robert F.. Hayden Sr. and actually transported to one of his then adjoining lots . As the above mentioned party was not adverse to the lifelong collecting of "antiques , uniques and collectibles" it comes as no suprise that this family found it hard, if not impossi- ble, to rest from the senior Hayden some of his attachments . And as you are also aware probably ,the party writing this letter has collected a few things himself. As regards the subject matter of some of the old buildings , vehicles etc. , it has not been my desire to avoid both the Town through its Selectment and/or the Building Inspector. The Hayden family is at the end of an approximately 5 year period trying to deal with some the subleties regarding the "Cotuit Landing Shopping Center" , one of which is a question of ownership of the lots in question located on Industry Road. Those lots are referred to as lots 109 and 101. Had a deter- mination of ownership been made years ago there is every liklihood to believe I might have made an improvement on either of those lots similar to the improvements on lot 102 which contains the businesses of Art Waves , Bow and Arrow and Back- yard Antiques . However that was not the case and in fact some of these older buildings which might have been renovatable, due to the escalating cost of the land on which they are placed, has probably resulted in some cost ineffectiveness regarding such structures . However I have remained the eternal optimist that upon obtaining ownership they could have in fact been rehabbed. You have viewed the structures first hand and HAYDEN BUILDING MOVERS, INC. FALMOUTH AVE. COTUIT, MASS. 02633 TEL. 428-6380 WHEEL WORK A SPECIALTY REFERENCES,INSURED. BONDED Pg. 2. probably the average party would feel they have no signifi- cant value in 1988. Realizing that we are in the throws of a law suit I would beg the Town' s indulgence to give whatever latitude is possible regarding this matter as well as provide some help if possible regarding their removal. I have made numerous inquiries to Mr. DaLuz and the Fire Department con- cerning the burning of both the debris and any structures that could be torn down and left in small piles. I would prefer not to fill up the Town Landfill and feel that we are in an area where a control burn could be undertaken. I would request whatever help you could give me in that matter. I'm sure all parties would probably welcome this event pro- viding it was on a one time basis . And I also would request that the Centerville-Osterville Water Co. enjoin with me in cleaning up the debris that exist on their land just to the North of lot 109 (the most Easterly lot on Industry Road) . The burning season ends very shortly and I feel that I could make an accomodation to the Town regarding the above matter by the 15-20 of April. I do wish to resolve with the Town and the Building Inspector the right to save those structures which are not derelict in nature and on the verge of falling down. And again I feel that Mr. DaLuz and I can reach a concensus on that issue. I believe if I am not allowed as a house mover to store buildings at any time which may subsequently be transported and relocated then in fact I an running the risk of cutting off the very source of my livelihood, that being the moving of structures . Respectfully, Robert F. Hayden Jr. Enclosures cc Town of Barnstable Mr. Joseph DaLuz Mr. Bruce Gilmore f0 INAIRISTASL �W 1639. 36 7 Main S1ntl, A"otxra, Nam. 02601 December 2, 1987 Robert Hayden Jr. f : Industry Road ' Marstons Mills, Ma. D2648 Dear Bob, r This office is in receipt of a letter from Jim Curtis, Presi.dent of the Huntingest Group regarding some apparent unsightly building and debris on your property. Although this does not normally fall under our jurisdiction, we would s hope that you would follow the example of your father's tradition of accomod- :r ating the Town rather than ignoring it. :wtiT'y�`af. We would hope that you will cooperate with the various agencies and departments. , as soon as possible. Sincerely yours, in J. Fl forfi 111011 Francis I. Broadhurst Board of Selectmen :; : Town of Barnstable r "N v • �^ x ' T S• S l Ran, fi. JOSEPH D. DALui VVL[PHONEi 778-111tC - Brildieg Commiirionn KXT. 107 r TOWN OF BARNSTABLE r BUILDING INSPECTOR TOWN OFFICE BUILDING {` HYANNIS, MASS. 02601 January 28, 1988 { Hayden Land Development Company, Inc. - } State Street Bank S Trust Trust Real Estate Development r `' P. 0. Box 351 :.- Boston, MA 02101 ' RE: Industry Road, Marstons Mills (Hayden Moving Enterprise) Assessor's Map 058-0273_. Gentlemen: For many years Bob Hayden conducted his moving and storage business from Industry Road. The office and storage of buildings has been the history of this once se- cluded area. As you are well aware the landscape of the Cape is. changing. And- r_ so too, is this area. There are new buildings being constructed and this area is becoming populated. In' light of these changes, so too must this operation change. No longer can we allow buildings in disrepair, unregistered automobiles, buildings open to the weather and accessible to children to exist. In general, the entire area must ' protect the health, safety and welfare of the owners of the property surrounding this site. YJ, Attempts to remedy this situation have been made but the results are, very honestly, unacceptable. Therefore, I am asking that you take immediate action, given weather conditions, Y to clean the area of unregistered automobiles which are subject to Police Depart- g J12 ment and Town By-law regulations, remove any derelict buildings, remove on site debris, board and secure all buildings from unauthorized entrance and fence in from view those items necessary in the moving operation. { I trust that legal action will not become necessary to accomplish what I believe ' you will agree is necessary. Peace ' J se h D. DaL ilding Commissionerk JDD/gr '' S. cc: Board of Selectmen ;. Town Counsel Barnstable Police Department _- .T G-ADSBY & FIANNAH ONE POST OFFICE SQUARE 437 MA DISON AVENUE 1747 PENNSYLVANIA AVENUE, N.W. B OSTO N, MASSACHUSETTS.02109 NEW YORK. N.Y. 10022 WASHINGTON. D.C. 20006 (2121 759-9030 1E171 357-8700 (202) 429-9600 TELEX:667291-LAWRIP TELEX:68175,2 GADHAN SSN - TELEFAX:1202)429-9894 TELEFAX:i6171 357-7180 June 14 , 1988 VIA FEDERAL EXPRESS Mr. Joseph D . DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis, MA 02601 Re: 923 Sea View Avenue, Osterville, MA Katharine S . Foy Dear Mr. DaLuz : We represent Carmen and Elaine Elio of 905 Seaview Avenue, Osterville . The Elios property abuts, the property located at 923 Seaview Avenue, Osterville, which is owned by Katharine S. Foy . ' We understand that William Brady spoke with you on June 9 on behalf of the Elios concerning the rental of the Foy property in violation of the Town of Barnstable Zoning By-Laws (hereinafter referrred to as the "Zoning By-Laws" ) . You informed Mr. Brady that you would take no action until a letter was sent requesting you to enforce the Zoning By-Laws . By this letter, the Elios hereby request investigation and enforcement action pursuant to M.G.L. Chapter 40A, Section 7 concerning the matters detailed below. It is our understanding on information and belief that Mrs . Foyis renting r is g rooms to tenants and/or lodgers at 923 Seaview Avenue in violation of the Zoning By=Laws . The information known to us reveals the following: a. The former shed (which has recen�ly been converted to a dwelling by an addition to the structure ) located neap the . Elio property line is being rented to a tenant and/or lodger; b. The apartment above the garage structure is being used for rental purposes and is currently, being rented to tenants and/o lodgers ; and c . Katharine Foy intends to rent her property to a certain Mr . O 'Keefe during July and August . See the letter from Mrs . Foy to Judge Keady attached hereto as Exhibit "A" . Mr. Joseph D . DaLuz June 14 , 1988 Page Two d. Furthermore, the Elios have been informed that the main house will be rented to Mr. O 'Keefe and that Mrs . Foy will occupy space in another building on the property . The Foy property is located within the RF-1 Zoning District . Section 3-1 .3 of the Zoning By-Law permits only a "single-family residential dwelling (detached) " in the RF-1 District . Section 7 defines "Dwelling, Single-Family" as " [a] detached residential building designed for and occupied by a single family. " Where more than a single family is living on the Foy property in separate buildings, we request enforcement of the provisions of Sections 2-3 .1 and 3-1 . 3 of the Zoning By-Law. Our records show that you commenced an inquiry in this matter in May 1987 . See your letter dated May 5, 1987 to Mr . James A. Brink attached hereto as Exhibit "B" . Also, Mr. Brady inquired into this matter in his letter to you dated November 4 , 1987, attached hereto as Exhibit "C" . Mr. Brady informs us that he never received a response to his letter . We respectfully request that you act immediately to prevent any continuing violation of the Zoning By-Laws . As stated above, Katharine Foy intends to rent her property in July. Any delay in enforcement of the Zoning By-Laws until July may cause a more difficult and time-consuming resolution of this matter . Please do not hesitate to contact me should you require any additional information. In any event, I shall contact you on June 17 to discuss this matter . Sincerely, JLI E . Duca ,p LED/llw cc: Board of Selectmen, Town of Barnstable JOSF,PH D. DALU2 TELEPHONE= 775.1120 Building Comminioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 May 26, 1988 TO: Board of Selectmen FROM: Joseph D. DaLuz, Building Commissioner RE: 923 Seaview Avenue, Osterville Attached please find a copy of my letter to Mrs. Katherine A. Foy re her property located at 923 Seaview Avenue, Osterville. You may want to confer with Town Counsel about this matter. r I DARNSTADL . 1619, 36 7 Vain Slree(, A"nnce, ///am. 02601 May 25, 1988 TO: Joseph DaLuz, Building Commissioner Thomas Geiler, Licensing Agent FROM: Francis I. Broadhurst, Chairman Board of Selectmen This office is in receipt of a second letter regarding the property at 923 Seaview Avenue, Osterville and a planned event on June 4th. We originally sent you :a copy of the first letter on May 3rdh and you have not responded to us as to the legality of this event. We know that you are busy as are we, but this could lead to litigation. We would expect a timely response so that we can respond in writing to the parties involved. If you have responded, please copy us with a letter that you have sent to all parties involved. Thank you for your consideration. s C�TN TO D A i 11 18 � rasa 36 7 //�ain �traet, Annie, N m. 02601 May 25, 1988 TO: Joseph DaLuz, Building Commissioner Thomas Geiler, Licensing Agent FROM: Francis I. Broadhurst, Chairman Board of Selectmen This office is in receipt of a second letter regarding the property at 923 Seaview Avenue, Osterville and a planned event on June 4th. We originally sent you 'a copy of the first letter on May 3rdh and you have not responded to us as to the legality of this event. We know that you are busy as are we, but this could lead to litigation. We would expect a timely response so that we can respond in writing to the parties involved. If you have responded, please copy us with a letter that you have sent to all parties involved. Thank you for your consideration. r t+� Z lAIll]7ApL • CAW- 36 7 Main Sbrel, A"nnw, X". 0260/ May 10, 1988 Gadsby & Hannah Robert A. Trevisani, Esq. One Post Office Square Boston, Ma. 02109 Dear Mr. Trevisani, Thjs office is in receipt of ,your letter dated April 29th regarding property located at 923 Seaview Avenue, Osterville. We have forwarded your letter to our Zoning Enforcement Officer Building Commi.sioner Joseph DaLuz and our Licensing Agent, Thomas F. Geiler fir their response. If the above two gentlemen do not get back to you, we will reply as soon as we get their response. Thank you for keeping us informed of possible zoning violations. Sincerely yours, �M tin J. Flynn • • JAO Wi iam T. FriTe Francis I. Broadhurst Board of Selectmen Town of Barnstable a�StA�LE GADSBY 8c - 1 •- ONE POST OFFICE SQ 437 MA DISON AVENUE 1747NSYLVANIA AVENUE, N.W. BOSTON, MASSACHUSETTS 02109 Y 11 NEW YOR 022 (6I7) 357-6700 FAQ �11 r� � 1 006 2121 759-9030 1202 429-9600 TELEX:667291-LAWRIP TELEX:68,7512 GADHAN 6SN TELEFAX:12021 429-9694 TELEFAX:16171 35 7-7180 April 29, 1988 CERTIFIED MAIL RETURN RECEIPT REQUESTED Board of Selectmen Town of Barnstable Hyannis, MA 02601 Re: 923 Seaview Avenue Osterville, MA Gentlemen: The following situation has come to the attention of my clients, Mr. and Mrs . Carmen W. Elio of 905 Seaview Avenue Osterville : 1. Each summer there have been at least one or two wedding receptions at 923 Seaview Avenue. This has been going on for several years. 2. Katherine Foy is the owner/occupant of the premises at 923 Seaview Avenue Osterville, which is located in a single family residential neighborhood. 3. We have been informed that a Barnstable police detail has been engaged to cover a wedding reception to take place on June 4, 1988 at 923 Seaview Avenue and the billing for the police detail is to be issued to and paid by a Miss Kathy Pastori of Somerville, Massachusetts. In view of the foregoing and of statements made to my clients by third parties, it appears that the premises at 923 Seaview Avenue are being utilized for commercial purposes i.e. the letting out for wedding and other private receptions, in violation of the zoning laws of the Town of Barnstable. We would appreciate it if the Selectmen could make an appropriate inquiry into the matter and assure that the zoning laws or other laws of the Town of Barnstable are not being violated. Very truly yours, Robert A. Trevisani RT:ls cc : Lt. Arthur Barnstable Police Department Mr. and Mrs. Carmen W. Elio 'Ct 84 State Street FANEUIL HALL CAPITAL GROUP Boston, Massachusetts 02109 TOWN OF RARNUABL.E Telephone: 617-589-0500 SELECT+"i::r' OFFICE May 1#4; 1?88410 *28 Overnight Delivery Board of Directors Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Planned Event in Violation of Zoning Laws at 923 Seaview Avenue, Osterville, Massachusetts Gentlemen: Mr. Trevisani of Gadsby & Hannah, who represents this company and Mr. and Mrs. Elio of 905 Seaview Avenue, Osterville, has given me a copy of your May 10 letter which indicates that a response to Mr. Trevisani' s April 29 letter would be forthcoming from Mr. DaLuz, the Town's Zoning Enforcement Officer. Mr. DaLuz has responded by telling us that he will allow the function planned on June 4 at 923 Seaview Avenue, Osterville, even though it will be an illegal use of the property. During telephone discussions with me and an attorney from Gadsby & Hannah, Mr. DaLuz told us the following: 1. he received a copy of the letter dated April 29 from Mr. Trevisani to the Selectmen regarding possible past and planned zoning violations at 923 Seaview Avenue, Osterville, which is located in a single-family residential neighborhood; 2. he inquired into the matter and found that East Bay Lodge was planning to hold a commercial function at 923 Seaview Avenue on June 4; and 3 . he acknowledged that this planned event is in violation of the Barnstable zoning laws but, nevertheless, he stated that he had made the decision to allow this event. The attorney from Gadsby & Hannah and I offered a practical and legal solution: to have East Bay Lodge use its own commercial facility for the planned commercial event. East Bay Lodge is located near 923 Seaview Avenue and it will not be inconvenient for guests to be redirected to East Bay Lodge by a police detail which the Elios will pay for if necessary. Even though this is a reasonable alternative which would comply with the zoning laws, Mr. DaLuz told us that he would do nothing to disrupt the planned event. Because Mr. DaLuz will not act to enforce the zoning laws, the Elio's are requesting your assistance in resolving this matter. We hope that you will exercise your authority and that no further action will need to be taken. The Elio's certainly prefer not to litigate, but if forced to do so, they will take legal action against Mr. DaLuz to seek enforcement of the Town's laws. The planned event faces another problem in addition to the illegal use of the property. I have been told by the Police Department that police details are not provided at functions where alcoholic beverages are being sold for profit. Initially, the Police Department was not aware that a detail had been reserved for 923 Seaview Avenue on June 4 . The Police Department is now aware of the nature of the event and I assume that a police detail will not be used for a commercial function at 923 Seaview Avenue. Past events such as the one planned for June 4 have resulted in damage to the Elio's property. If this event is held at 923 Seaview Avenue with or without a police detail, the Elio's will exercise their legal rights and remedies if any damage occurs to their property. In view of the acknowledged illegality of the planned event and the practical and reasonable solution to relocate the event to the proper site, we ask that you enforce the laws of the Town in this matter. Since time is of the essence, I will call your office on Friday, May 20 for your response. Thank you for your anticipated assistance. Very truly yours, William F. Brad WFB/sab cc: Robert Smith, Esquire Town Counsel Town of Barnstable 367 Main Street Hyannis, MA 02601 IOSF,PH 'D. DALUZ rELOPHONEs 775-1120 Building Gammistiontr EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 May 16, 1988 Mrs. Katherine A. Foy c/o Virginia C. Hall Ropes &Gray 225 Franklin Street Boston, MA 02110 RE: 932 Seaview Avenue, Osterville Dear Mrs. Foy: Our attention has focused on your property by a complaint underlining summer wedding activities at your location. Although picturesque, our zoning by- laws prohibit any commercial ventures in a residential district. I have been alerted to the fact that wedding receptions have been held on. your premises in past years. It is also known that East Bay Lodge services these receptions. I have notified East Bay Lodge that the practice ceases after the June 4th date. To force a cancellation of the already scheduled June 4th wedding would only penalize the innocent participants of the wedding/reception and disrupt the tranquility of the joyous occassion. However, any further use of the premises for such activities will cause me to seek a complaint in the First District Court for a violation of the Town of Barnstable Zoning By-law. I would hope that any such litigation be avoided by conforming to the Town of Barnstable zoning regulations. Peace, ds7eh D. DaL Building Commissioner JDD/gr cc: East Bay Lodge Attorney Robert A. Trevisani Certified mail P 539 082 827 R.R.R. �w GADSITY 8c HAPjaP#nr ONE POST OFFICE SQI Pf -•`'l� 437 MAD150N AVENUE 1747 NSYLVANIA AVENUE, N.W. BOSTON, MASSACHUSETTS 02109 - NEW YORK. N.Y. 10022 � �3 A11 • HINGTON, D.C. 20006 0 (617) 357-870 rAQ - 12121 7 59-9030 l 202 1 4 29-9600 TELEX:667291-LAWRIP TELEX:6817512 GADHAN BSN TELEFAX:-2021 429-9894 TELEFAX:16171 3S7-71BD S ,I April 29, 1988 CERTIFIED MAIL _ RETURN RECEIPT REQUESTED Board of Selectmen Town of Barnstable Hyannis, MA 02601 Re: 923 Seaview Avenue Osterville, MA Gentlemen: The following situation has come to the attention of my clients, Mr. and Mrs. Carmen W. Elio of 905 Seaview Avenue Osterville : 1. Each summer there have been at least one or two wedding receptions at 923 Seaview Avenue. This has been going on for several years. 2 . Katherine Foy is the owner/occupant of the premises at 923 Seaview Avenue Osterville, which is located in a single family residential neighborhood. 3. We have been informed that a Barnstable police detail has been engaged to cover a wedding reception to take place on June 4, 1988 at 923 Seaview Avenue and the billing for the police detail is to be issued to and paid by a Miss Kathy Pastori of Somerville, Massachusetts . In view of the foregoing and of statements made to my clients by third parties, it appears that the premises at 923 Seaview Avenue are being utilized for commercial purposes i .e. the letting out for wedding and other private receptions, in violation of the zoning laws of the Town of Barnstable. " , . l We would appreciate it if the Selectmen could make an appropriate inquiry into the matter and assure that the zoning laws or other laws of the Town of Barnstable are not being violated. Very truly yours, Robert A. Trevisani I RT:ls cc: Lt. -Arthur Barnstable Police Department Mr, and Mrs . Carmen W. Elio One Post Office Square -FANEUIL HALL CAPITAL GROUP Boston,Massachusetts02109 Telephone: 617-423-6566 November 4, 1987 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis, MA 02601 Re: Foy; 923 Sea View Avenue, Osterville Dear Mr. DaLuz : I represent Mr. and Mrs. Carmen Elio, the owners of land adjacent to 923 Sea View Avenue. I have recently been informed that a structure that encroached on the Elio' s land this summer has been moved to another location on the Foy property. As we discussed on the telephone today, we request that you make an on-site inspection of the Foy property to determine (1) whether any structures or parts of structures encroach on the Elio property, (2) whether the recent removal of the structure brings the portion of the building now remaining at that location into compliance with the zoning setback requirements, and (3) whether each structure (including the newly-relocated structure) on the Foy property complies with the existing setback requirements and, if not, whether there are building permits on file to show that an existing condition is lawfully nonconforming. I also note that in your letter to Katharine Foy dated May 5, 1987, you asked permission to inspect the premises for lodgers. Would you kindly notify me of the result of this inspection and the inspection regarding compliance with zoning. Thank you. Vs y tr ly - urs, William F. Brady WFB/lm kl ' IJ 1 ROPES & GRAY 22S FRANKLIN STREET BOSTON, MASSACHUSETTS 02110 IN PROVIDENCE (617)423-6100 IN WASHINGTON 30 KENNEDY PLAZA TELEX NUMBER 9405I9 ROPGRALOR BSN 1001 TWENTY-SECOND STREET,N.W. PROVIDENCE,R.I.02903 TELEX NUMBER 951973 ROPES GRAY BSN WASHINGTON,O.C.20037 (401) 521-6400 TELECOPIERS: (617)423-2377 - (617)423-7841 (202) 429-1600 TELECOPIER:(401) 521-0910 - INTERNATIONAL:(617)423-6905 - TELECOPIER:(202) 429-1629 May 27, 1987 Joseph D. Daluz, Building Commissioner Town of Barnstable Town Office Building Hyannis, MA 02601 Re: Katherine S. Foy 932 Seaview Ave. , Osterville Dear Mr. Daluz: In response to your letter of May 5, 1987, I am pleased to enclose a copy of a plan showing Mrs. Foy' s property on Sea View Ave. Mrs. Foy was not .personally involved in the construction of any of the structures on her property; the work was done by builders whom she trusted to obtain whatever permits were necessary and to comply with any other applicable requirements. Accordingly she has no permits in her possession. The most recent construction, the addition of a kitchen and bath onto a small structure known as the "laundry" , was done about twelve years ago by a firm named Marney & Latheine which now does business under- the name of Silva & Silva. It is possible that their records would provide further information. Mrs. Foy does not and has never rented rooms to lodgers. If you wish an on-site inspection, I would suggest you call Mrs. Foy after Wednesday, June 3, when she will be at the property, to arrange a convenient time. Her telephone number is 428--7643 . I r. ROPES & GRAY Joseph D. Daluz, Building -2- May 27, 1987 Commissioner Please let me know if we can be of further help. Yours sincerely, Virginia C. Hall VCH/chr CC: Mrs. Katherine S. Foy ���i'r ^v ti`+��••;foj„'; t. a ' ..d'P ' ; ,fpt ii tf s�`.` F F`e""��fm •�i^:t,.• � _ '! -SUBDIVISION PLAN OF LAND IN, BARNSTABLE ^� T. H. Stegmaler, C. E. January 22, 1957 1 A O 664'�Z N A L.C, 2664.54 SEA V / EW A. VE. o 140. 00 ce 20a00 C.B. ce. COMM Cone.fbsf a 25 W of/ine B 20 82. /� 1 Coawssf P/.v 2664 Plan 2664 U a 18 N[ef/int Cart. 120 ' Cert. 205 • GB.444 - ,� /fin Cow..&t fig W 60 _ e 1p , Gne. fist 6i9 W of lil ► �.v.,,...L� Cone.fbsto A 59 WdIaye ' S.8 )XI E.of Fin• won,' ;1 RIIin Wo/l 1 • r NA NTUC /KET S0UNff s { Subdivision of Lots 1111 B17and B19 Shown on plans 2664M, 266489 2664U Filed with Certs. of Title No.133, 166 do 205 Registry Distriot of Barnstable County , S4wvte certil`Kates of title may 6e issued 15r land &%W/k+m ss..40V..A?.--y--...---- B�►dk of plan vow LAND 4916ISTRAT/ON O1*17CE ---- Oc r 1 /958-- ,0 ? l83B I�eco�dir CMCAnafrr�aA. ioari6�rGWt .. I r , ROPES & GRAY 22S FRANKLIN STREET BOSTON, MASSACHUSETTS 02110 IN PROVIDENCE (617)423-6100 - IN WASHINGTON 30 KENNEDY PLAZA - TELEX NUMBER 940SI9 ROPGRALOR BSN 1001 TWENTY-SECOND STREET,N.W. PROVIDENCE,R.I.02903 TELEX NUMBER 951973 ROPES GRAY BSN WASHINGTON,D.C.20037 (401) 521-6400 TELECOPIERS: (617)423-2377 • (617)423-7841 (202) 429-1600 TELECOPIER:(401) 521-0910 - INTERNATIONAL:(617)423-6905 TELECOPIER:(202) 429-1629 May 11, 1987 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis, MA 02601 Dear Mr. DaLuz: Reference is made to your letter of May 5, 1987 to Mrs. Katherine S. Foy, which was sent to Mr. James A. Brink at Hale & Dorr in Boston. We now represent Mrs. Foy, and we received the letter only today; we will respond to it as soon as possible. Please address any future correspondence in connection with this matter to me at the address on the letterhead, with a copy to Mrs. Foy at,333 East 68th Street, New York, New York 10021. Yours sincerely, V Vi inia C. Hall VCH/jp CC: Mrs. Louis A. Foy I � 0 JOSEPH*D. DALu7 TELEPHONE: 773.1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 May 5, 1987 Mr. James A. Brink Hale & Dorr 66 State Street Boston, MA 02109 RE: A=90-5 923 Sea View Avenue, Osterville, MA Katharine S. Foy Dear Mr. Brink: I have received a request for enforcement action under M.G.L. c. 40A, §7, to order removal of portions of structures located. at 923 Sea View Avenue that encroach on property located at 905 Sea View Avenue, Osterville, owned by Mr. and Mrs. Carmen Elio. The records in this department do not indicate that permits were issued for the structures alleged to be in violation. In order that a determination can be properly made I am requesting that a ,certified plot plan be submitted to my attention -as well .as copies of permits authorizing the structures involved.. It is also alleged .that Mrs. Foy is renting rooms to lodgers. The renting of rooms is not permitted in this area under the Town of Barnstable Zoning By-law. I am, therefore, requesting permission to make an on site inspection of the dwelling. I appreciate' your prompt attettion in this matter and further request a reply within fourteen (14) days of receipt of this letter. Thank you for your cooperation. Peace, Joseph D. DaLuz Building Commissioner JDD/gr ' cc: Patrick C. Toomey, Esquire CERTIFIED MAIL - RRR:. P 620 564 002' N GADSBY & HANNAH ONE POST OFFICE SQUARE 437 MADISON AVENUE B OSTO N. MASSACHUSETTS 02109 1747 PENNSYLVANIA AVENUE, N.W. NEW YORK, N.Y. 10022 WASHINGTON, D.C. 20006 (6I7) 357-8700 (212) 759-9030 (202)429-9600 TELEX: 667 291-LAW R I P 7Wx:710-321-6905 CABLE:GAOHAN January 27, 1986 - CERTIFIED MAIL - RETURN RECEIPT REQUESTED Joseph DaLuz, Building Inspector Town of Osterville Box T Hyannis, MA 02601 Dear Mr. DaLuz : I represent Mr. and Mrs . Carmen Elio, the owners of property located at 905 Seaview Avenue, Osterville, Massachusetts (Lot B-13 ) ., Mrs . Foy, the owner of the adjoining property (Lot 82 ) ,. has built one or more structures which encroach on my clients ' property. Based upon a review of Building Department records, no building permit was issued in connection with the construction of such structures . Pursuant to M.G.L. c . 40A, §7, request is hereby made that you take all necessary and appropriate enforcement action to cause the removal of those portions of the structures which encroach upon my clients ' property, and require that any resulting structures comply with setback and other requirements as set forth in the Barnstable Zoning Ordinance. It is also my understanding that one or more structures situated on Mrs . Foy ' s property are used for the renting of rooms to lodgers . Please determine whether such use constitutes a violation of the Barnstable Zoning Ordinance, and in such event, please take appropriate action to abate such use. I appreciate your prompt attention to this matter and trust that a satisfactory resolution is forthcoming. Sincerely, Patrick C. Toomey, Attorney for Carmen and Elaine Elio PCT/eef cc : Mr. Carmen Elio i . b .. .. _ r• .- �x y. . . sl±.,s� r- •iww. - t3 .> ry�',•r f� yy�.:.. ..u. 1,�nt oC}^_,,.. •:v.=w t y, uwsxr:'} �.. ?a � s .t1 c"a� (o tt7 't; �t spk4 e. a to <,^ .✓.va?` :� �' * - +'��.,�`�.`�--+F.ro;r.. X •..�r'. �h . s Is�,,. 4 ,.,,f,. x,: u. .., ., _:° ,�.,. .Ha� «..,. ,... . :.1a> -e. ..t :i v a�*t;=, :;X`.:. ::."�,�,. :c_, •+*. r� t 7: r.. -�" t ."s�, :.` y}-'`�.i{0q tb:'� ,A-`��.,2+k,],^tyty+'•.:.�+ >.'�•`^� �i✓:�}.. t-,,�,rk.Y" 'T f 1ihc... •9�K••,�� �. d� ,y� 1�i' ��. i vt'. � gl?t Sibs, �E i' . .- '� .,�I��•'6... � ,�.::... �ti.. ..a�r�`e�s �C'-.. . ✓:, �,." �1' °t., K:"." .,;, d 6 v : '•,,.r+?, .! ��-:. «r. vF'- ., ..;.: -o. y,, ,,.,., 'wr.;£; 'if' �'..;;a y. x.,, .:t,'s•`` -��%- v t d? '��• . '�•". '::� 't :'i �. •¢eta� �'7,Cxwsf � >�:�:.x e- .s; 4 <>t{:a,✓ytFk<, ?' '�''-"z.;',��`'d 6k.•",A,. "`,d• E'+!,'�r �:t n- E FJ1�'....sJF:4 .E s r i -aa,. .� +i,.: ':t•� .a. B.OS� Ll.�ir. � �.�+2:���.��' �r'. n,v x+=: s e..°' ,4^ �;a•.:.v .a., �.,,.v 'E:: • n^ ....L�`. ..,.-. , , d,.i. ...t4 .:.4. j\ �, h.: ; '•fii,. 9 .4..k`:. �, ..i,..... \f„ .. i'r.• . •,? .' RESIDENTIALi PROPERTY :,.. -., �,., ;:,. ,,. ,a, -,: .,,:°' ,. 'wNx hR..'w'L v:; �. vrst",.+• .: .,u*?� s4 .�. .;9.. .1 �,rYr,.t s `� 4 :.:. ....� ........�'.. e a x •.: �V.i' ..f.. �. t.<.�A:�. ."."{4''- •)S.J:1'�.' ^YL�a. ,. :f, �^1.,.r...`^rL' ,.�:p,...,.�,�.Ni'7,•�.+.. .,��A.:4 Y..�.r�.�, ;;ee4++ A y g is y t M zx"n £ FIRE DISTRICT Sir kMAP NO.:x 'LOT,NO SUMMARY 4 STREET ` 9?3 „;Sea view AvE!• ,y r. wlann0 : Esc t.".f`4tt3p �j C-� 73 LAND o x: 5 „ '.' `"x=- +a : �, c`i_•c: 5ta';r+ h < i s.._ ' _ li ,� BLDGS. ,.8:�'✓�� E" x4 y Y lt{ PS,; :OWNER TOTAL. R} sS Y /y y rr fi iq F LAND RECORD'OF TRANSFER ": DATE BK PG I: REMARKS: BLDGS. t t m�a � .a. t,,.l'+ 2 k _ TOTAL' # tr4M athamne ..S _ z 10. 6 :28 76 y' - :'' xx k s ._+, s' b K 5' a ..k t,�' •.'^' } _ '� s LAND BLDGS. TOTAL t LAND �tst- .7 ; c -=.,�R `Rk.-\ r r ',^.,.. + -.- •r,,;y°s �:-` J'. 1c :t I. ., ,�4°Ct' `,.' v fi: .b ,, ,7/S •.t. - rs �� nfi•L ,ay ?., r BLDGS. +1 i TOTAL LAND + 1J ." ^'-e. y''t`w-'-+"` ' kv,:s s -Qe. G �•. BLDGS. y> I TOTAL ' X o• * 4,Mfi�a.r... r. .c t f.t / �JSS BLDGS. : r - TOTAL LAND BLDGS. cl TOTAL LAND INTERIOR INSPECTED: BLDGS. ,;... TOTAL DATE: u LAND i` ACREAGE COMPUTATION St q BLDGS. LAND TYPE .- OF ACRES PRICER,TOTAL •DEPR. VALUE - TOTAL - `; HOUSE LOT O /OOooa /O b o n O O p 0 pip LAND CLEARED FRONT (7 OOoa '0 000 00 BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND i REAR BLDGS. i. 01 WASTE FRONT TOTAL REAR LAND BLDGS. 01 TOTAL Re i LAND BLDGS. LOT COMPUTATIONS LAND FACTORS — TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FF.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND v ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND __ SWAMPY NO RD. BLDGS. _.. J1,l IL UJyff�li�y:-ep ,:O.y rW i-,.�-ue VAT.liv...;ts: �.«.�:•erf•�—u.iti�u guy.,,, : �ika.��raa:�s�e«,,..'j:.i.� ... .. ...... .g A _...• .:;• LAND COST- rre:;WaIts Pk s� 7 ?w' fin.,Bsmt Area ^rr� r, 'Bath'Rooml t• ;-I Base° Ary " p . . D BLDG.COST y COs✓C »•k 5 f .., :.i.: • ....�. �. .�.yam. .St. � �,d""'Y' - �y -�•�.-� te- t F'^•F F• • 'Blk:Walls" -.� IMF Bsmt,Ree Room. � Shower- ath rle.'.. �'� '. �€�,. .. ,. ,.. B -.ti f-.:, z...-,- t.. t. ...der. +. .x,•: ... - ,•'s .a d „�..Y PORCH DATE _-�. ,..�0 G' a+ t ,,, �. �'"':' sui s Bselt.:Garsgs - 'x' -PORCH.PRICE. '�• Attu FI:&Stabs. ,, -,.Toilet Room. riNiWalls,�n� � "+r s»- - .6,. �..'{•: ..>."g:.. ;>..- v.• ;„. ..da.. -,s :.. ':, ,..; �,-, .r ,:,-..; 7�,. - ,s, ton, Wall,0, 4s " -yr,• Fin:rAtt�e ,ak,, .L,...<c Two Flxt.'Bath'.... r , :, Floors ' iers 'INTERIOR'-FINISH lavatory Extra ` `- rlp.� ig7la.a smt F �: " 1'' 2- Siok '3 v ` •�Bi rA Piaster Water Cie Extra Attic- 3 EXTERIOR WALLS. Knotty Pine Water Only x Bsmt Fin s"� y4 f k a �7 OJD t .39 Double Siding Plywood, No Plumbing. st �1041N J / Plasterboard } Single Siding _ int Fln LING 'Shrngtes!;� :� •TI L'� . i `�•. ti h ram, G .'f P 'Bath FI �. Heat i y'. �` D x ,•; -------------- { Bath Fl.a Watns fees Brk On InL.Cayout 3 ys Auto Ht:Uoit `.-`,�j D !!�� D J u' _ Veneer Int.Cond. Bath F1.&Wails Fireplace Q t Cam Brk:Qn "' ;: .HEATING Toilet Rm.41 ,.�. >y 4 a -a; , . Hof Air Toilet Rm.FI.&Waina: � �_- Solid Com:Brk ! Tiling ' y _ a pAa 147,Steam Toilet Rm.Fl.b Walls � � ��� _ Blanket lns �J�i Hot Water St.Shower - Roof Ins Air Cond Tub Area Total: $ `c e.. Floor.Fum _. To .; /8 ;.COMPUTATIONS B o2f� 1 FT ROOFING ` . - `Asph.Shingle Pipeless Furn ...S F. O Wood Shingle a No.-Heat •' Asbs.Shingle r Oil Burner �+ Slate _ r Coat Stoker ,N D ,Si F, s y S �= IT o r:BSI�IT No�,IT.'IMAT�R O;VA V .Tile Gas, '• OUTBUILDINGS ROOF TYPE Electric -f S.F' S.F. S 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED Sable-.,. Flat S.F. Pier Found. Floor C Nip Mansard FIREPLACES �0 �f 1 Aambrel Fireplace Stack ;.ay • Wall Found 0.H.Door LISTED FLOORS fireplace - Sgle.Sdg. oofing ,Cone. LIGHTING Dble.Sdg. Shingle Roof Earth _ No Elect. DATE �.: Shingle Walls Plumbing .Hardwood ROOMS Cement Blk.Pine V 1/1 Electric TOTAL Brick Int.Finish EPRICE-7D 'Asph.-Tile Bsmt. 1st �+ f /3 /3Single 2nd t 3rd 3t FACTOR REPLACEMENT,: OCCUPANCY.:.', .CONSTRUCTION.'; SIZE ,AREA CLASS AGE REMOD. COND. REPL.pVAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. - D-WLG...- - B,f A. , NO. I3`/ / 3 0 9'S�y�Y •Za ��d'4Z'J 3 /p/��R V i i N X 9 e2 6 O :: to ? - 'live iG li o a/la O a .;. . 5 _ 'r 6 7. B i n 10 TOTAL LFOjNDATION. ;,WBSMT.eJ&ATTIC; ? Y.P.Li1MBING' 3 °t2 a""KPRICING` H ND '. ` > _,$ .R aim. r_. - y.' .SL. Kh�„ r.M .j ...n,•. .. ath.Room. -cva ,fi"..,, Base+ t< ,•., ,.�. .., `+� "'„ ,4 ''44 +'.^#, _ Wails: Fip.,.Bsmt.-Aree.ar . 6._ :,..,. ,c�.+ `.ie : ., P. ?� 3 F7i , • + w:l: z ^,.9 fi BLDGrCOST; / �• Cr t,. ,.r. .r,^, .y. .o. r«• -9 :k: ;C'ptvx 'N.f�. ' > L"fN . ee?,Room:. t ,S}:pShower Bath- �,.:., . ,.fkb:. r r Y�• - r.r Bsmty S �y,� c4 �,Y `=•1-w�„ � �., r�:. nC:.. ,'7��k�•,�,.- .b - _ . . .. ,.......;.'A�r3; �1•'JF« �r�,^'�trn�,.'•�>`-=5F� ^�a*°-as z•3. �+.�'�..,� ;�`:.�; '�P URCH DATE ., err .�'Fx, � r .�;. r+a a W v� �♦t p i''t'i t'� „�r5, ' 'Y.h' I ir` 'ay`v, X. r• �•, a ::. +�t ,Y� ', �' ?_ r.• � t., homer."Ext:; Kw,, ..w � Garage,uA. w, S ,S �4a.,'� .:...� Walls: ,:�•n^ „h � ''°r a��• >S� . `a• '�S .. .... ,. .#` ' '',YW..'$+e'��v-� "u'"c:,d r��% RCH`'PRICE c..r �k�' f• r'�ir 4 �* ,t is ..r` �` �.ia. v�`' - ��gg�� U ti?73 a "a r k Watisr,. y...� T`i �,-' rte ,,,,r' ..+M -,. -. :Root:. .,.�'4:tl� 1�/jo ':".r.' 'RENT .t��<��, "-;rt;.%aF +^, e�K": .r•r „•r.,,,b.,l. :t? o'-: s r .ts", a : , tone WaIIs Fn.Att c,,. .KJv.. . flo0rsia o .' ,,.,..,pp, t'.y,i:.",r: ,>.. L �r,�' •yrr- ti ., A ;A ..-INTERIOR FIN15H:'. lavatory Fxtre,,.5 , r, rers ."f�" v x'.F'r., x-.tK; 't v .•+v5s'*an ¢'v:,.1 2 .3- Sink V � 'v Bsmt, .. F ' i. : 7 a S• r, .... .: t AtbC +1t;SWt,... 'r-M.e r;ti-- .'t#ry' .e. pax .'z,. ° ?-V .z 4. 3k..-'s,• -G Water Clo..Entra. ° �� e:rswxF'ts� �z�xY •e f t�!-v� {a{ t9 ��a ,�. !r s' v��L:-. .z' ."�"�n•�f' �'.,AJ� x`�' y�X;' ; , WALLS Pine S> Water Doty. >:i.i „x + .a Ci1.. "'.:F b i 1 :`e r 1 . f Jn w '^ .EXTERIOR:WA • �.,� '� $ .� _... .-. -� . ..,-...-- ,, .. r .M Ma r,„+ .�,3� +''� ,pr•,i � ��.+�:>,• r k;-�` E"?� y,es s� z .� M �' ,�,'� � -'t .�,� %m, +`�",ti K�, t 4':�"'��'. . . - :. ... ,..�-.. a. :•..,,. .p,.,d., s. . . P 1: ,a. :'NO Plumbingl'k. �C�rd y „. .-.:. „•,. •,.,..t ....,.-_ s«K .«°•• •�."x d ? 5 -<a+ d .; 3. r '?' uDIe:Sldrng..9-74 a ,£ .lywoo4 n z.a wS: s v ":a "" ^•1 r r:+i . z - '�: a ; r ,,:•. c.,�. :Szt } 3,s t _ 'x`. .F.' 'z �7'"I. € Plasterboard' 1 :;m SmBIe Srdrng u _:. _� .. �.; •.t: - t a:µ Y Ys+F a v�; �'s� j�s • .:..-" a;Y.v :r:, ,.ti,, .. •;. ,n ,.trt a.,.... _:_ .,- ;c-�` •�i*- '+r' 3. ..,. ^r � ,>• a ai'' "c: n ;. ,r +,-TILING T,. ry '-"•r :c .. p ,tt /,9a. a a rtk :.., 101Shin les,.. ,.. ...�'`r s:i. a_� ... „„; .�:Y`•+r�.:�'kF-»ava;.�;rt�:.:t#?'�5.4�•.,.:.r..an..�iv��, •,.^<. ,.s,r rik'. n, �3t �,r3 �'`c�, ��.. at'. , g �� .�,.. y .:�»'3".Cif K:q..0 d ,�..y�• r a*- i a�z,;_ ;yx -'.�'t`q .y;w•.., }�h iF y,4 t°s/� r r .2- l.v... .$..P ,I.:;:: , d..t:,. '4.. .nq.�•-•S$ +..xh „u, 1h M'3 , ..Y e„E 3` " Y. .4,y,:';,: ;R' to P• BathFls „. tr -, ne.=BIk. Fg ..: ..a -Heat ., r,x_, .: .. ..} _�..� .. .r - .... .�...: ... ,r. - �,a �, � ��r _�• .;fix -`� •, t _. '�' ''w"{ ..... ..-. �.,.' .. i� t•,: A 7 r "... -a" scM f +y B ut -,� .: rBath F.1 Wales ,Int:� •,«k ;'rr+ ..- .,.. Int.Cond. Bath Ft b Walls Flreplaee 3YAr• ,M,,: n Yr h. j,. _.*..,'}'",.. �� §.. Y.-� 1Fn �' .b"-:�:•.t','t M,. .HEATING•ts+sa�i..r .:Toilet Com.rBrk.,Onx,r"�., :... _ � ,.::. Plumbin �, g�",M' _,� .:t. U Ri•- �f�i� a rc�r*�? �a �, �-� ,.�., r�r,,,,..e�/$ �,�,.��'�;ti>, .n, �r, , ;b.,e :K.x.€•...x. :u:;. •,'t, vim n, ,.,. Hotlur. < TorletRm.:F1.8Wa id Co a; ±'- w t. 7 0 •,.. ., Titrng s : f•+ y k .t_,ny ty�` ,:1� f , ..a • ' ,t; r c <. ,.t.:;r cz*•.. R m.:Fl.b Walls •:s '�.` Steam.'r Toilet R » �t r <.; :•. az .ate c:'` kt,a,....., .- 8 ,. �4'",a.„y;,,at �Y ' •x, � sii t YF;' F ^+ .. Blanket Ins Hot Water ` :x St.Shower. 't } _..;� ... ..,,,e« ,.,ta.., w:t ;,fir: ':TUD Area ':u. 1'...,ma '"i'�T`:$:,�Si,'•-. 'Roof Ins yi:u s«.,, Au-Good r �� 3 � I H. Total -- s;�r��Kyy�,,,�����.��r xz ':� ; Al v a _ „ .g ...r anc., s.: a 3. ,�"° 1'� ; .r: a N': r h .X:X x ,•x,F. 4 >H+ '+ i,p ,�... a. M: rn. .. :,. p. ..•.-?s.. ,_ $.ycj".5:+.'..c raa:^! i. .., ..x.,..'S.- .4 ,I. ?y. 3s..e.,*t Floor.Fu ,,,�c,.e:a;s .•S r. .. .,. . t .. _..r .�' 1+..�._ ,>,«,:? d i, ,v '.'tca 33s �:+w s- F ,• > t ..1 -'ROOFING .,,•_.;t, xr. 3• + zr` - r'•_ ., .t ,`COMPUTATIONS 4� n s. • 1 't.� i # .ra^' ;• :i f, f" t '� 'xt�,t-'^'— _;t-„ '4f •r, .t, ,t° -.f" rAsph:Shingte Prpetess Furn.. .. 6`-7/vr .. ,...... ;.v s. r ' ..+: ,...p.H..,'k. 'x �vn. ,4. ..:Y .. .,.K. .,..c:. �e. y {:. , .fi , -..vti., ,? , +� a, x .r '. .'f:?.r.. N ,. .... _ r"'Sa".: t ...>^s r ,-5- e•7,s" r 't. ,E t r.,.;.. • No Heat . 3 s3 F-* R 1.,::,, wm -a R. t :='t, t.: ,Wood Shingle f .: } ..:" -..z=,' t ,., „-,� ,Aabs'Shingle .;. -. 0 surrler •,.. ,, r: is t.6 za:.S F gi4 t , tSlate ^as*�'^$ • il�"�:§a C081 Stoke �i".f' �t �+� -w c ��, a c..,.F F <*'t �'<�•y.gq ' .. 3 ,w- ..p�' Y::-.:'s, ��-• :���. t 'tt',. :•w �,., '1 d tom;. Gas v S m:F, :i. "r w.,u €r e Tile kra ,r"':r'" �n ei:S F '? 4. a' OUTBUILDINGS ,.:ROOF TYPE' Electric. y S.F Gable '•s,` Flat 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 718191101 MEASURED Hip Mansard FIREPLACES • ✓ S.F. Pier Found. Floor r q a •: �1 " " w , :< y*r Wall Found., 0-H.Door L`IS ED Gambrel Fireplace Stack-.:;' d *a .5» rK<._:.�.. k i'" Y FLO RS ,:•,x: Fireplace ' 1 ';r .`. :2? #. Sgle.Sdg: Roll Roofing Cone:'., LIGHTING Dble.Sdg. Shingle Roof , Earth No Elect DATE Pme ' ' Shingle Walls Plumbing Hardwood ROOMS Cement Blk. Electric l.3--7Z : r AsDh.Tile- Bsmt..• 1st ir.4 � '.TOTAL ` " /G 7/S` Brick Int.Finish PRICED -Single,: 2nd —fc.G':.. 3rd `r'' .FACTOR". . - _ ..REPLACEMENT i`• vs OCCUPANCY' _,CONSTRUCTION "SIZE .-.. AREA - �• CLASS, .AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. • - rDWLG.. y.> �$ �' /1 •'SK ? �Ua /G 7/S �/0 i00� Z 7/50 - 2 a 6 7 8 9 10 �� TOTAL Assessor's offioe .0st floor): V E T� 1�>''.Assessor's map and lot number .............. ....... ............... Q� ` Board of Health (3rd floor): Wi T L,�E 5 �+ e Sewage .Permit .number S� `a�� �� il-c°®®� i...... „.t BARNSTODLE, Engineerm$'; epartm.nt (3rd floor): TM REGULATIONS 'oo,e�rb39. 0� House nY�mber .. ............................9� ...� .�... £DNA lip APPLICATION'S R POCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only i r. ,J TOWN OF BARNSiT�ABLE 6 U I L D 1 H G..,-. [N S,P'E C T OAR APPLICATION FOR PERMIT TO ........./1tU c............... rl . .l.. '.?a.............................................................. } j TYPE OF CONSTRUCTION ..........r ............................................................................................ PTO THE.f INSPECTOR OF BUILDINGS: The upder'signed hereby applies for a permit according to the following information: ;;,k rc ......on ................................................................................................................................................................................. 'ro ( 1� ' roposed Use ....... .1.�. ......f�....c:.... ....�. .....Q�. . ... . ..... ... ...................... Zoning District ...................°.\.. .. .........................................Fire District ...... r- _ r. Name of Owner ......... '�� �.....�?. Address ........... ...... .................`✓r!:�!.. ..... � ..... Name of Builder I ...........'�pw+."X.g J v -CUB 2� 6C �N. ...............................Address ......................z .. ........... ..�..... Q.6�t.....�1.... Nameof Architect ................ ......................................Address .................................................................................... Number of Rooms ................... ..:....................Foundation ............ / -� r /� // s.......................... Exterior .........................�� ..�.................................................Roofing .............r....4........... h / ,ter Floorsf2. .a� ins !•.......:.....................................Interior .................................................................................... Heating ..................................................Plumbing................................. .................................................................................. l Fireplace Approximate Cost �U ✓ . . ...... .. ... . ..... jY Definitive Plan Approved by Planning Board --------------------------------19-------- . Area .. ..... . . . `.. Diagram of- Lot'and Building with Dimensions Fee SUBJECT tTO APPROVAL OF BOARD OF HEALTH 3 i OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ......................................./..�.`..... Construction Supervisor's License ............................. FOY, L. No ..3.1.108 Permit for Mcae Additi0n Sing le Famil • Dwell ing • ` .. .. ......................�.............. ...... .... .a3 Location,-_.{— ...Sea View Avenue ......................................... ....................Ostervilie s a o .............................................. •, Owner ....... .....F'.qY............................................. Type of Construction .......F..'Ume ........................ ............................................................................... . r Plot` Lot Permit Granted .......AugU5.1l...2ks.......19 87 Date of Inspection f ........... 19 _ Date Completed ............... .................... 19 t • t� � i ".` �: 'TOWN OF BARNSTABLE, MASSACH.USETTS A o9U"005 DATE ` August: 20, 1g 87 PERMIT 1 APPIL Ahi,' Thomas JOIZIIS'OIZ - ADDRESS. 28 t3e4chwav'_ E._ S7 -R (N0.1 , ' (STREE - LCONTR'.S.LICENSEJ ti` NUMBER OF: PERMIT TO_11Q(T AdditionF IMPROVEMENT) OVEN (_I STORY .cil T)CE I E•� )I'iilTtl }V nTA7f��_ pWEL�_ING UNITS "(TYPE OF IMPROVEME NTI NO. (PROPOSED USE) .ZONING. AT (LOCATION) 921 Slr a View Ayen F`��- l}�,'('L�"j71'l le � 0ISTRICT_R �R•�= (NO.) _(STREET) ., BETWEEN' AND (CROSS STREET-) - .(CROSS STREET) LOT S: SUBDIVISION - - LOT .BLOCK ,. - SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION IT PE) REMARKS: - �F'@7T AREA OR - PERMIT::" n VOLUME No AY i3 _11$Tlg'P ESTIMATED COST $ � 0 f_0o0__0-Q FEE •� LLD�09 (CUBIC/SOUARE FEET) OWNER T._ Vntl ,. . BUILDING DEPT. ADDRESS A}� C,PaV�E'4l7 7>V�'I1Llf'y ()oi Arm; LlL, BY I 9{ 1 � I ,- / .. .;'��7y�` ,.�. , •- '•. ... .r' .. 1.-.r,�•}�. - tip, ,+ �-� 2 6 64'' :77 •SUBDIVISION PLAN OP LAND IN BARNSTABLE T. H. Stegmaier, C. E. January 22, 1957 Ion 31266+ 0 N E i14 r L.C. 266,A.5A 8 SEA V / EW A VE. o S S • /40. 0fA 3 " ,ca zoa00 c.e. Gene. Fbtf a 2S ►f of line 20 82. � G.a fbtt � Plin 2664 U Q sd wofCne /a t. SS4 Cerf 205 cg aao 120 loer.fbst � i.I . !./9►Kor6f p� b cone. 'Post Cox.As Ile 59 WWI S•a 1.01 E.of hne _ Lil(in Will NANTUCKET S0UND. , Su�dlvision of Lots Blf B17and B19 Shown on plane 9664m, 2664$, 2664U Piled with Carts . of Title No-1 &egictry District of Barnstable -County tag tt certifcites of title mey be Issued fw land LtND ROISTRATION 0177CC � Z Su4�lBJB ... .---•-- .�, a— �+�Ocrjv /919—� 0 l ffft to rn I+4h - /�corc�,► C� , �Carr!� , \/ 1 IiL 17 7 � r ' r � r � 1 METe2 -77 kP7-EGVS,�'� t ° I 1 � ' ° r ° 10 SHED r �141 + Q r ij, i aNea S z/vf ....oat mew.. �, R, 1 G ,axlER No on r - f