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HomeMy WebLinkAbout1989 MAIN ST./RTE 6A(W.BARN.) - PINSKE COMPLAINTS 1995-1998 - 2 OF 3 - MISC STREET FILE i ns ke- Cornpl0-1v4s I �� S IGq8 � 31es OxgardNO, 152 1/3 ORA SLUE 10% 0 p © 0 e t •... - _k• r ` yr` 4' tw r �+<� ..p. *r�/��/ / O � . 3 h , °k i i 1. #' F ;' vt"F r * fi'y" "i ,Y,q, _ •` ,+r :'€.� '. r *^•p �`• '�} t•¢ 3 ri AUGUST gib,9 inske oSe s:, ::eal� �� �nm% t1 _ •t 3 , . , ',, y�� F l y, A � L#' %" h9 k..i, � i.� sr=' signed to hi case was on.vacation� s By David Stall II:. , this week,•but Phiske'plans an ap ' The cease'and desist order,dehv ' peal ered to West Barnstable artist Barre Pinske who"representedihimseif `nske'by Building�Cominissioner' befor"e the ZBA,admits that he prob ' Iph'Crossen was upheld last week 'ably should:have hired aalawyer to,'- �..........�� y"the zoning board of appeals., present lus case., j s The order prevents Pinske from ,*In upholding the;commissioner's corking anywhere outside' hi deso 'th 'bi ii , e� oard ruled, hat the: roperty, requiring'all'work to,be intentof the bo:Ad Whenissuing the r'r rformed within the confines of the`'-1992-special pennii.that allows the i ti orkshop or gallery. : " operaoonj�as tha ,all work Would,., L Pinske understands that some of `be conducied.indoor's.,t% I he work he-does,such as roughing r I.think people 4orget what the r,j ut log"sculptures with ga's=powered, deal was; ,Pinske csaid: "I bought r hainsaws,can be noisy,but it wasn't this building and put it to use:" nti'I the,ride-home from the hearing` Heyi believes that it is more the at he fully understood the effect of t,content ef�•his art than the actual 4A e decision:` , r:`(making ot.hisVart thatisTat t}ie heart "I can't do anything outside,'_' of ihe`problem. 'w inske said: "Tf'I painted in my "It really comes down to the na �a ; f arden, I_ would'be in violation,of;, -lure of mwrart that'-some people have on,Jig• a-problem, witth,s',Penske: said. . y Pinske had been in contact with 'There's aot'to be some sort of bal he American Civil Liberties Union ' ince between all of that"A rior to thb'hearin-g,'a fact the-he The si` he erected on his alle �n w 4 anted to'keep low-key., but plans , calling flu support at the meeung,�,_ eaviesnua MOTd o follow,through with the organ=- +which generated three"rethoval city . 'A B ID,SIGN FO PII�SI�West Barnstable ardst.Barre Pinske was told y y ^» ti anon. hons.and'fines, was taken*down a J:by the zoning board that he must perform all work inside his Route;6A� He said the ACLU ,law er as- da after the heann ' -` € g , gallery,or,despite what the sign says,making art will be a crime. _ _. :..:, .^,gin-s•.•+e-..;+.;�-,.uvs..y..._ --":...a.,��.F:-�-e�«w«.n.. ': .. .. r Jim Tinsley Town Manager Town of Barnstable 367 Main Street Hyannis, Mass 02601 November 23, 1.998 Dear Mr Tinsley ; We are sure you must be aware of the problems we have had with the Pinske business at 1989 Route 6A, West Barnstable. We have tried for years to work within the town. We have been harassed and threatened by Mr `Pinske. The court has placed a stay away no contact order on him. He has a one year probation period placed on him. All steming from the zoning problems. On July 29, 1998 the 28A held up the building commissioners cease and desist order that Mr Pinske was in violation of his special permit 1992-11 . Mr Crossen has worked very hard to correct this situation. Mr Pinske appealed the ZBA decision (appeal #98-556) . We have been told by Mr Shernig of the planning department and in Atty. Smith response letter of 9/18/98 to our Atty. Kevin Kirrane that the appeal did not meet Section 17 Chapter 40A. Mr Smith wrote he will soon be moving to dismiss . . There was a second letter from our attorney on 9/30/98 to Atty. Smith asking for relief for us. There has been ►ione.Checking with the court as of 11/ie/98 nothing has been filed as to dismiss. Now . things are completely out of control . There are now three work areas, two in back and one in front of the building . We have been reporting violations to the building department and police department . In addition to previous police reports there is report 98034947 of 11 / 16/98 and 98035473 of 11/21/98. The weekend of 11 /21 acid 11 /22 war continued all weekend into the night , 11 /23 chainsawing began again. Police speak to Mr . Pinske but he just continues on. The town and Atty . Smith hiive known since the beginning of September that the appeal does not meet Section 17 Chapter 40A. Nothing has been done. With these problems dating back several years we would like to know when we as full time residents of Barnstable get to fit into Atty. Smith 's schedule. We have documented and have video tapes since May 1997. Verbal complaints since 1996. It is time for them to be viewed. Enclosed are recent pictures of the work areas. This business continues seven days a week and into the night . Mr . Glynn at the ZBA meeting of 7/29/98 said this operation has become a manufacturing business . In Mr .Pinske' s special permit 1992-11 the findings were: " no more detrimental to the neighborhood, decision: " RETAIL ART GALLERY" . Mr . Pinske' s special permit 1992-11 should be rescinded . What was presented to the planning dept . ,ZBA,OKH, has not been carried out in any way . He is not only in violation of working outside,chainsawing is also performed right under an open garage door in front .We have constantly stated and documented that the noise is unbearable. This area is zoned residential . At the ZBA meeting of 11 / 18/98 Atty . Bruce Gilmore made a statement , " EVERY PERSON IN THE TOWN OF BARNSTABLE HAS A RIGHT THAT ZONING BE ENFORCED' . Our problems cannot continue, we want our rights, that these problems stop and the Barnstable zoning laws are enforced . Continuance over the years have destroyed our home, health , and safety . This matter- needs to be immediately resolved . We would like to meet with you as soon as possible. Would you please set up rneeting time with us. Sincerely, Donald & Rita Paxton 1996 Route 6A P.U. Box 265 West Barnstable, Mass. 02668 362-4913 CC: R. Crossen A. Loughnane E. Glynn R. Smith R. Schernig Town Councilors Th. . ; e Town of Barnstable MAM 9�A , ,0�' Department of Health, Safety and Environmental Services �FDMA'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM TO: Emmett Glynn Chairman of Zoning Board of Appeals FROM: Ralph Crossen Building Commissioner RE: Pinske Request Attached is all the correspondence from my office since 9/2/98 as you requested. It includes: 1. My letter of 9/2/98 to Pinske. 2. E-Mail (read from bottom to top). 3. Letter of 9/16/98 from Attorney Kirrane. 4. Letter of 9/18/98 from Bob Smith.in response. If I can be of any further assistance, please do not hesitate to call. g981116a r �Q� sserpP PUB us sumo •+ . The Town of Barnstable spam�i ip ayi of• : iy6u qrls �' iARNffitABIE. • Department of Health Safety and Environmental Services �W Md9. m Building Division °* 367 Main Street,Hyannis MA 02601 Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner j September 2, 1998 Barre Pinske 1989 Route 6A West Barnstable,MA 02668 Re: 1989 Route 6A,West Barnstable,MA Dear Mr.Pinske After receiving complaints,on September 1, 1998,we inspected the rear of your business,on September 2, 1998 and found evidence that you have been working outside again. The work included more than merely cutting logs into lengths as you had previously maintained. It included full fmish work as you were doing out front. You were told by Zoning Board of Appeals action recently that you may not work outside the building. At this point I must inform you that,by ignoring the decision of the Board,you risk losing your special permit altogether. I am,at this time,referring this case to both our legal department and the Zoning Board of Appeals to schedule a hearing. Sincerely, Ralph M.Crossen Building Commissioner RMC/km cc: Robert Smith,Town Attorney Mary Jacobs,Assistant Town Manager Emmett Glynn,Chairman,Zoning Board of Appeals via certified mail P 339 592 435 R.R.R. Q980902A i Crossen Ralph From: Schernig Bob To: Crossen Ralph Subject: RE: Pinske Date: Wednesday, October 14, 1998 4:31 PM As an initial response-since you did not send a copy of the attached letter to the Planning Department(always recommended when communicating with the ZBA), we had no knowlwdge of your request. From: Crossen Ralph To: Traczyk Art Cc: Lavoie Debbra; Schernig Bob; Smith Robert Subject: RE: Pinske Date: Wednesday, October 14, 1998 3:09PM <<File Attachment: Q980902A.DOC>> Attached is the letter I sent to ZBA on September 2, 1998. As you can see this was over a month ago. A show cause hearing is the same thing Bob Smith asked for in the Vierra case. A hearing to see why the ZBA shouldn't just totally revoke the conditioned permit altogether. If he did not timely appeal, and is ignoring the ZBA special permit, I believe there are grounds to revoke his permit. This should be easy for you to set up. Please let me know what you decide as I need to get back to Audrey and others. Thanks. From: Traczyk Art To: Crossen Ralph Cc: Lavoie Debbra; Schernig Bob; Twarog, Alan Subject: RE: Pinske Date: Tuesday, October 13, 1998 3:39PM Ralph: I will bring your request to the Chairman's attention. A check of my files did not show any request from your office, to my attention, during the last three month. If you could pease sent me a copy of;hat prior request, I will include it to the Chairman also. The permit issued did not specify any"show cause hearing". I do not know exactly what a"show cause hearing" is, nor the process-except that it may be that you pull the permit issues and that action would trigger an appeal be the applicant of your action. MGL Section 14 does permit the Board to change or modify any order or decision it made. Those have always come from the applicant themselves. I do not know what outcome ycu are expecting from a future action by the Board. The Board did uphold your earlier decision (Appeal No. 1998-91X)and MGL Section 7 delegates enforcement to you. Further, the Zoning Ordinance-Section 5-1.5 Penalties, provides for a$300.00 fine for a conviction of a violation zoning per day. Art: From: Schernig Bob To: Traczyk Art Cc: Lavoie Debbra; Twarog, Alan Subject: FW: Pinske Date: Tuesday, October 13, 1998 1:27PM Please respond to Ralph's request and advise me on the status of the appeal. From: Crossen Ralph To: Schernig Bob Subject: Pinske Date: Tuesday, October 13, 1998 12:16PM A month ago I sent a request tc Planning asking that a show cause hearing be set up on Mr Pinske because he Page 1 has ignored the ZBA decision that he not work outside. I also understand that his supposed appeal may not have standing. I am re-newing my request for this hearing at this time. Page 2 r DUNNING & KIRRANE7 L.L.P. COUNSELORS AT LAW MICHAELA.DUNNING' SIIELLBACK PLACE 508-477-6500 KEVIN M.KIRRANE 133 ROI. IT 28 LOWER CAPE 508=255-7916 ELIZABL'ni A.MCNICHOIS Box 560 rAX 508-477-5697 BRIAN r.GARNER MA31111T,MA 026-19 DMIL df-t y cnpccal.let PAIVIC'IA MC'GAI IIXY 'Also mhuilled Illinois Par September 16, 1998 Robert Smith, Esq. Barnstable Town Hall r" Legal Department 367 Main Street / 1 Hyannis, MA 02630 Re: Rita and Donald Paxton Dear Bob: I recently had the pleasure of meeting with Rita and Don Paxton to discuss a long standing problem that they have been enduring as a result of alleged zoning and other violations of local ordinances by a neighbor, Barre Pinske. It is my understanding that the Paxtons requested enforcement of local zoning and/or the terms and conditions of an existing Special Permit with regard to the property which Mr. Pinske occupies. It is my further understanding that the Building Commissioner took appropriate action in connection with their request for enforcement and issued certain cease and desist orders, which were appealed to the Zoning Board of Appeals. That Board upheld the Building Commissioner's determination and I am advised that Mr. Pinske has subsequently appealed their decision to the courts. It appears, that Mr. Pinske is well versed in how the system works and continues to operate his business without restraint pending an ultimate determination by our court system with regard to the alleged violations of his Special Permit. This has and continues to cause a significant interference with the Paxtons' use and enjoyment of their property and in addition is taking its toll on Mrs. Paxton's physical well being. It appears that in the past the Paxtons have attempted to seek redress through the police department for alleged violation of the town's anti-noise regulation. In seeking this relief, they have been advised by the police department that it has been instructed not to enforce this noise regulation with regard to Mr. Pinske and further that this directive has emanated from your office. Obviously, the Paxtons would not have pursued these various courses of action were not the conditions under which they have been forced to live intolerable. The Paxtons have asked that I communicate with you to make you aware of these issues and to solicit your assistance in taking Robert Smith, Esq. September 16, 1998 Page 2 whatever action possible to expedite the appeal process and clarify the town's position with regard to the enforcement of the local noise regulation in regard to Mr. Pinske's manufacturing business. Additionally, my clients would like to make you aware that they believe the evidence, which they have gathered, is substantial and would be of critical importance to the town's defense of Mr. Pinske's court action. It would be appreciated if you would get back to me with regard to these issues at your earliest convenience. Very truly yours, Kevin M. Kirrane KMKAs cc: Rita and Donald Paxton \%—IWoscl@dlwork\d&t'Twinwor&faxton-smith Undoc r TOWN OF BARNSTABLE SAIMSTASM. • OFFICE OF TOWN ATTORNEY MAS& t639• .�� 367 MAIN STREET rE01A1�' HYANNIS, MASSACHUSETTS 02601-3907 ROBERT 0. SMITH, Town Attorney September 18 1998 TEL. (508)790-6280 RUTH J. WEIL. Assistant Town Attorney NIGHT LINE.AFTER 4:30 P.M CLAIRE R. GRIFFEN. Legal Assistant (508)790-6283 EILEEN S. MOLLICA. Legal Clerk FAX N(508)775.3344 Kevin M. Kirrane, Esq. Dunning & Kirrane, L.L.P. Counselors at Law Shellback Place Box 560 Mashpee, Massachusetts 02649 RE: Barre Pinske Matter Our File No.: 98-0108 Dear Kevin: / Thank you for your letter of the 1611 regarding the Pinske/Paxton matter. The recent spate of communication on this subject involved the question of whether the police should arrest Barre Pinske for violating zoning. The response was no, but if his conduct would, in their official discretion, constitute a breach of the peace warranting arrest independent of the zoning violation, that they could proceed notwithstanding the zoning controversy. The anti-noise ordinance was no- the focus of the discussion. In any event, the anti-noise ordinance was never intended to be applied to noise generated collaterally by otherwise useful machinery. Mr. Pinske appears to have filed something with the Superior Court which purports to be a zoning appeal. It does not appear to meet the jurisdictional requirements of Section 17 of Chapter 40A. We will soon be moving to dismiss. I trust this is responsive to your letter. Please be in touch. We genuinely welcome your assistance in this matter. Very t ours, obert D. Smith Town Attorney Town of Barnstable RDS/tmc kirrltr Pails rdmil Properties C/O Glenn Pauls PO Box 426 Piwerville CO 81430 970-729-6350 fax 72&3540 11,/13/98 Town Of Barnstable 230 South Street Hyannis MAC. 02601 Attn.: Gwen Brown RE: House at 1989 Rt. 6A West Barnstable (Pinske An Center) I am the owner of the property and buildings that are presently being used as the Pinske Art.Gallery. I understand that the house on the property is considered historic and protected from demolition because of this classification. Barry Pinske has been asking for removal of the house for some time now, I have not had much concern ether way. Now our Insurance company, (Fredericks Insurance, Osterville) has :informed me that our policy is probational because this house is.more liability than the company wishes to risk. This house was ready to fall down when I bought the property and has,gotten worse since. They realize that it is only a matter of time before somebody gets hurt in this crumbling structure. My legal council advises me to inform the Commission/ Town in writing, that you will soon be the liable party for any personal injures in the house. This is due to the fact that you have successfully blocked all attempts made to remove the problem. I am presenting this with my official application.for its removal. I hope through this application we can come to a.final.'solution to this hazard. Thank you, Glenn Pawls BARNSTABM _ fD MPS� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-91X-Pinske Appeal Decision of Building Commissioner Summary: Upheld the Building Commissioner Applicant: Barre Pinske Property Address: 1989 Route 6A,West Barnstable Assessor's Map/Parcel: Map 216, Parcel 038 Area: 1.26 acres Building Area: Art Gallery-6,640 sq.ft. Single-family dwelling-736 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of 1.26 acres and is located at 1989 Route 6A in the village of West Barnstable. It is improved with a 6,640 sq. ft. art gallery and a 736 sq. ft. single-family dwelling.' The site is located within an RF Residential F Zoning District. In February of 1992, the Board granted a Special Permit(No. 1992-11)for a change of a nonconforming warehouse use to a retail art center on the property. The applicant is appealing the decision of the Building Commissioner as defined in a letter dated June 1, 1998 which states, "Please be advised that you are in violation of your Special Permit(1992-11)from the Zoning Board of Appeals. Specifically, you assured the Board that the garage would be your work space. On numerous occasions, we have witnessed you or your associates doing work outside. Activities witnessed include carving statues, fiberglass work and metal work. You must cease and desist all outdoor artwork to stay in conformance with your Special Permit." The applicant is appealing this decision of the Building Commissioner under the opinion that Special Permit No. 1992-11 does not limit work space to just the garage area. The following is a brief history of events from the issuance of the Special Permit in 1992 to the present situation: June 12, 1991 -OKH approved a Certificate of Appropriateness to allow conversion of an existing warehouse structure to an art gallery. Exterior changes and a sign were approved. January 27, 1992 -Site plan found approvable by Site Plan Review Committee with the following conditions: 1. Issuance of a Special Permit from the Zoning Board of Appeals. 2. Acquisition of a Certificate of Compliance from the Old King's Highway Regional Historic Committee. 3. Issuance of a curb cut permit from the Massachusetts Department of Public Works. February 20, 1992-Zoning Board of Appeals granted a Special Permit(No. 1992-11)for change of a nonconforming warehouse use to a retail art center subject to the following conditions: 1. That the petitioner shall receive an approval from the Old King's Highway Committee. According to assessor's records dated 7/21/98 r mstable-Zoning Board of Appeals-Decision and Notice mber 1998-91 -Pinske ision of Building Commissioner 2. That the petitioner shall receive a curb cut permit from4he Massachusetts Department of Public Works. 3. All the work shall be done in accordance with the approved site plan. March 4, 1992-OKH approved a Certificate of Appropriateness to allow the existing cottage to be re- shingled. June 29, 1994-OKH approved a Certificate of Appropriateness for a new sign on the property. May 17, 1995-OKH approved a Certificate of Appropriateness for a new sign to be placed on a"giant mail box"with the condition the existing wall sign be removed. June 1, 1998- Building Division notifies Barre Pinske that he is in violation of Special Permit No. 1992-11 and must cease and desist all outdoor artwork. petitioner applies to the office of the Zoning Board of Appeals for an appeal of an June 12, 1998-The e g PP PP P PP administrative official's decision. Both the Health and Building Divisions have received complaints from neighbors concerning the activities taking place on the property. The Barnstable Police Department has received complaints about the noise levels from this site as well. The Board should note that there have been several Notices of Violations issued to the applicant by the Town for sign violations on the property. Due to a complaint from a neighbor on July 14, 1998, alleging Mr. Pinske was working outdoors causing public health violations, the public Health Division (Tom McKean) inspected the property and determined that the carving activity was not a public health hazard to the neighbors. On June 8, 1998 the Barnstable County Department of Health and Environment(BCDHE), with the West Barnstable Fire Department, conducted a technical audit of the property. The BCDHE, in conjunction with local fire and health officials, have been providing non-regulatory compliance assessments/audits to small businesses for about 5 years. They do this to help assure the safe and proper use/management of hazardous materials and/or processes. No major problems were identified during this visit. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 12, 1998. A 60-day extension of time to file the decision was executed by the applicant and Board Chairman. A copy of that extension is contained within the file. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened July 29, 1998, at which time the Board upheld the Building Commissioner. Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn. Barre Pinske represented himself before the Board. Mr. Pinske submitted a memorandum in support of this appeal to the file. Chairman Emmett Glynn reported this is an appeal of the Building Commissioner's Decision regarding a violation of Appeal Number 1992-11 in which the Building Commissioner told Mr. Pinske, he"must cease and desist all outdoor artwork to stay in conformance with your Special Permit..." because "...you assured the Board that the garage would be your work space. On numerous occasions, we have witnessed you or your associates doing work outside..." 'Chairman Glynn reminded everyone that is the only issue that will be discussed this evening. Mr. Pinske addressed the Board stating he believes this violation is,without question, based on a very vague interpretation of his Special Permit Number 1992-11. In reading the Special Permit, in his opinion, it becomes apparent that the statement, "I intend to use the garage area as a work space,"was in 2 own of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-91 -Pinske Appeal Decision of Building Commissioner response to the Board asking about the use of each floor in the building. There was never any indication made that the garage area would be the only work space or that work would not be performed outside the garage area. The use outside the garage was never addressed and therefore can not be regulated. Mr. Pinske reported that everyone at the Zoning Board of Appeals hearing in 1972 was well aware of his intentions. Mr. Pinske said, "making art is not a crime" and he should be allowed to work outside his garage. The Building Commissioner reported this came to his attention through complaints from a neighbor about noise, dust, fiberglass dust and late night activity outside the building. These complaints date back quite a few years but were mostly from 1997 and 1998. After Mr. Crossen reviewed Special Permit 1992-11, he felt the statement, "I intend to use the garage area as a work space" means he will only work within the garage. After witnessing Mr. Pinske working outside, the Building Commissioner issued Mr. Pinske a citation. Mr. Crossen stressed the citation does not say anything against art, but is about the disturbance and noise generated from his work outdoors. To be in compliance with his Special Permit, the Building Commissioner believes he must work indoors. Board Member Richard Boy reviewed the minutes from the hearing of Appeal Number 1992-11. The minutes refer to where the work will be done, however, there is no specific mention in the findings nor the conditions of the motion that there should be a restriction as to where the work can be done. There are only three restrictions in Appeal Number 1992-11 and the work area is not one of these restrictions. Gail Nightingale reminded the Board that in 1992, the findings and conditions were not always as well defined and not as clearly written as they are now. It has been through experience that the Board now is specific in their findings and motions. She stressed that in the findings of Appeal No. 1992-11, there is a reference to the proposed use and that use is described in the minutes. The Board asked Mr. Pinske if there would be a hardship if he must work indoors. He replied the "hardship"would be trying to determine what is"outdoor artwork" and what is not. There would be a question as to what would be allowed and what would not. Mr. Pinske stressed he has made efforts in response to the calls from the Building Commissioner and recited all the things he has done-at the request of the Town -to mediate the noise level, such as putting a muffler on the machinery, insulating, sheetrocking, moving the carving area, etc. This was all done to appease one neighbor. The Building Commissioner explained he interprets old Zoning Board of Appeals Decisions differently than the more recent Decisions. He explained his approach. "Level one is where something is specific in a condition." "Level two is when it is in a finding but not a condition." "Level three is where it is mentioned in the decision somewhere, but not in the findings or conditions." and"Level four is where it is in the minutes of the hearing but not mentioned in the decision." In his opinion, "if it was in anyone of those four [levels], it was part of the process that lead to the decision." Chairman Emmett Glynn referred to the report from the Barnstable County Department of Health and the Environment and the letter from Thomas McKean (Health Inspector). Both of these agencies went to the site because of a complaint by a neighbor. Mr. McKean's letter states, "I determined that this carving activity was not a public health hazard to the neighbors." [Mr. Glynn stated he would like that in the record.] Public Comments: Trish Savage, a neighbor, questioned the citation and stated other businesses have outdoor activities. She asked why Mr. Pinske is being singled out because other people are allowed to work outdoors. Sam Barber, an artist and friend, spoke in support of Mr. Pinske's activity and praised the work of Mr. Pinske. Judy Slade spoke on behalf of her mother who is an abutter. She stated that although she admires his work, she felt it should be done in an industrial area. Don Paxton, an abutter who lives diagonally across the street, spoke in support of the Cease and Desist. He stated Mr. Pinske's business has changed over the years and the noise level is unbelievable. This is"not about art-this is about noise." He said the noise can be heard inside his house. Ray Bartlett stated he grew up in this area and spoke in support of Mr. Pinske. He feels the neighbors are complaining because they don't like Mr. Pinske's form of art. Kevin Roland stated Mr. Pinske is sensitive about working outside and creating high levels of noise. He feels he can work through the conflicts with his neighbor and is in support of Mr. 3 wn of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-91 -Pinske Appeal Decision of Building Commissioner Pinske. Rita Paxton spoke in support of the Building Commissioner. She stated the work outside of his house is detrimental to the area and that he is not working in accordance with his Special Permit. She said the noise can be heard inside her home which is 150 feet from the front of his art gallery. Ms. Paxton feels Mr. Pinske should apply for a new Special Permit. Janice Collins spoke in support of Mr. Pinske and stated she would be blessed to have him as a neighbor. She feels he should have the right to work outside his gallery. Mark Wirtanen spoke in support of the Building Commissioner's Cease and Desist and signed a petition, which is in the file. Pat Bartlett spoke in support of Mr. Pinske and asked what the term"the garage area" means. Can he work"in and around the garage"and can he work"in the garage with the door open"? Many questions need to be answered. Helen Wirtanen stated she supports the Building Commissioner and signed the petition. Randy Bartlett stated he can sympathize with some of the neighbor's issues but he is concerned with the"vagueness"of the wording in the 1992 Special Permit. He stated he likes to see Mr. Pinske working outside-it is interesting. Kelly Shastaney spoke in support of Mr. Pinske. She stated he does not work outside as much as people say he does. She questioned what is the garage area, does that mean inside or outside the garage, and she felt there should be a compromise. No one else spoke in favor or in opposition to this appeal. For the record, in the file is a letter from Arlene Oppenheim in support of the Cease and Desist Order and a petition signed by 11 people who are in opposition to Mr. Pinske. The Board discussed whether the statement"the garage area will be his[Pinske's]work space." is actually part of the decision and a restriction. Gail Nightingale reminded the Board that this Special Permit was a change of use from a use that was previously done in the building. When the Board allowed that change, Mr. Pinske stated he would work in the garage area. She agreed this is not specifically a condition of the Special Permit but it is included in the minutes. Findings of Fact: At the Hearing of July 29, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-91X: 1. The applicant is Barre Pinske. The property that is the subject of this appeal consists of 1.26 acres and is located at 1989 Route 6A, West Barnstable, MA as shown on Assessor's Map 216, Parcel 038. The applicant is appealing the decision of the Building Commissioner as defined in a letter dated June 1, 1998. 2. The applicant was advised that he was in violation of Special Permit 1992-11 from the Zoning Board of Appeals. At that time, the applicant applied to and petitioned for a Special Permit to change an existing non-conforming warehouse use to another non-conforming use to that of an art center, pursuant to section 4-2.2 of the Zoning Ordinance. 3. In the"Summary of Evidence" in Appeal Number 1992-11, Mr. Pinske was asked about the use of each floor of the building and Mr. Pinske responded that the"garage area will be his work space." 4. At that time, the intent and the spirit of the Board when making their findings, motion, and decision, was that they assumed that area would be his work space-the"garage area" itself. 5. The Building Commissioner was correct in advising Mr. Pinske that he is in violation of his Special Permit. The decision may be flawed but the intent of the Board was that the garage would be the work area. 6. In the decision of Special Permit 1992-11, the Board did not grant any extension of space. They only granted the change from one non-conforming use to another non-conforming use in the same building. 7. In the findings of fact in Special Permit 1992-11,#3 states"the proposed use would not be more detrimental to the neighborhood affected than the existing warehouse use." Decision: Based on the findings of fact, a motion was duly made and seconded to Uphold the Decision of the Building Commissioner in Appeal Number 1998-91X. 4 I wn of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-91 -Pinske Appeal Decision of Building Commissioner The Vote was as follows: AYE: Richard Boy, Gene Burman, Gail Nightingale, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1998-91X,the Building Commissioner has been upheld. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the To Clerk. , 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. A-JC/ Signed and sealed this day of 199 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk A TRUE CORY ATTEST Town`Clerk BARNSTABLE i� 5 r 7. BAR 49910 A Q� t STA DP `,�} Lv MVI MB REGISTRATION NUMBER T MASS CL .�� -x 'MICINTMIB. +/sare a 'f TMk¢i TIME AND AVE OF YIOLA LOCATION T W -NOTICE OF (A. M.)ON — ,1s E SIGMA o @IFORCIN BADGE NO. N VIOLATION ..:. V1W, 20� OF.TOWN cxx 1 HE ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE Unable to obtai ignature of offegilpr. THE NONCRIMINAL FINE FOR THIS OFFENSE IS O•DO J i� , ;ill f Date mailed — W OR r�f ! YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LU REGULATION rA You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4 00 P.M.,Monday through Friday,legal holidays efe ted W fore The Barnstable Town Clerk,367 Main Street Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk, :.r P.O.Box 243D,Hyannis,MA 02601,WITHIN TWENTY-0NE(21)DAYS OF THE DATE OF THIS NOTICE d Ttl ti you desire to contest this matter in a noncriminal proceed' ,You may do so by making written roquest to DISTRICT COURT DEPAATMENi FIRST BARNSTABLE DIVISION,COURT COM POUND,MAIN STREET.BARNSTABLE,MA!&.Aft 21DNoncriminalHearingsandencloseacopyofthlscitatlon ;7 e� 11 for a hearing. (e)If you fail to pay the above offense or to request a hearing within 21 days,or U you fail to appear for the hearing or to pay any One determined at hearing to be due,criminal complaint may be issued against you. I�. t , r a ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of S it l i ' Signature s 49911 TOYYN OF g AD GFGF BARNSTABLE CITY ATE _ t :zl' � ►o,_ 'i ' MVIMB REGISTRATION NUMBER +1p��{]1�Yfy 'R6 0. W 3 . at CL ? eMd 7 //1 > . TIME AND 0 OF VIOLA LOCA710N OF VIOLATION W NOTICE OF P.M.)ON .19 CIPG ENFORCINGDEPT. BADGES_ N o OF.TOWN j t- n...{, I H EBY ACKNOWLEDGE RECEIPT OF CITATION X r` a ORDINANCE ble to obtain si It of offender r— THE NONCRIMINAL FINE FOR THIS OFFENSE IS i W Date mailed — - u, OR„ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. N REGULATION (II You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4-00 P.M.,Monday through Friday,legal holidays excepted before:The Barnstable Town Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk, a° g PA.Box 2430,Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE a crr l H you desire to contest this matter in a noncriminal pproceeding,you mayy do so by making written request to DISTRICT COURT DEPARTMENT ! t s �RSTBARNSTABLEDIVISION COURT COMPOUND MAIN STREET.BARNSTABLE MA02630 Att210 Noncriminal Hearings and enclose a copy of this citation , ;tee .. forahearing. 01 If you fail to pay the above offense or to roquest a hearing within 21 days or It you fail to appear for the hearing or to pay any fine determined at the a hearing to be due criminal wmplaint may ba isalNM against you s��9,, t 1 HEREBY EFCf the that option above contess to the otfenee charged and enclose payment in the amount off. /,(,El'�F4�E A����: r}>�-,i.f�igllatUfe '�1'[ .i!Fii1�,'1:i1.�r.,.,.fi:n�J�XE:�t rya}:t4 �J��j.7 ,.. ;r ,.. i .•r r ,.}_ � A }.'.. f.,r:: a ti. apt a P { si:: '1.'I`l.';��11r1 y3t�•;�,r +"�iF":�'tv 2'f' .:""„.fir r. .l {�^,�t�','-0�"fya i , r , +�' I�Y"c f� �-. c, r{.4 , .,tl l�>ta" �1 �•N �fi�,;"ri�ti�8' cK'»�w�� r'��o:�_dfr�,z�ci}�,�'�';iaP,.n,4�;.:t�gt xak>e..::�,rrw,l.Nr:,f.� ,�s. qi r:sY�l;.y _ l� NA FOFFEND BAR 49912 II TOWN OF All SS OF OFFENDER BAR ._ ABLE CITY,ST CO _ G G/ 1NE MV/MB REGISTRATION NUMBER LLj �NA55. V 16)q• �O ED MKS� OJ Wi TIME AND GATE 0 IOLATIO - LOCATION OF VIOLAT Z NOTICE OF £.? .M .M.)ON ,fs £ W' J VIOLATION SIGN E RCMG ON ENFORCING DEPT.f BADGE NO. w W ; CD OF TOWN ' I H BY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINAN ❑ Unable to obtain signature of offender. Ia— THE NONCRIMINAL FINE FOR THIS OFFENSE IS i.�d.00 J Date mailed w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W RE L IN y ' Ii►You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, U bbefore: The Barnstable Town Clerk,367 Main Street,Hyannis, MA 02601,or by mailing a check, money order or postal note to Barnstable Clerk, J P.O.Box 2430.Hyannis,MA 02601,WITHIN TWENTY-ONE(2p1)DAYS OOFyyTHE DAou yyTE OF THIS NOTICE.. a I / FIRSTIf BARNSTABLEDesire to IVISION,COURTCOMPOUhis matter in a ND,MAINSTREET,BARNSTABLE, A�,Att:21Dby RNo critminalHea ingsanuest to lSTRICT COURT dencl se a copy of thiscit citation for a hearing. 131 If you fail to pay the above offense or to request a hearing within 21 days,or If you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ i / Signature I NAME OF OFF DER BAR 4 9 913 I TOWN OF ADOWSSOF OFFENDER A BLE CITY,WE, CODE dFTHE MV/MB REGISTRATION NUMBER � OFF /� NAN\!il'ANI.F.. • _/ . //�, 1 W LU J T ND DATE OF VIOLAT OCATION OF VIOLATION Z W NOTICE OF (A ./ P.M.)ON — ,3 1s >< SIG - FORCING PERS [ENFORCING 0 T. BADGE NO. VIOLATION — W 0 OF TOWN I H BY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS t a. W j Date mailed�3 Q ,,, i OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL a REGULATION DISPOSITION WITH NO RESULTINGCRIMINAL RECORD. ep N Rtstore:You The Barnstable Tow the n Clerk,3 either ain by appearing Hyanni In s•MA on between 2601 8or8by mailiM.ngg a4ch check,money Monday through po tal note tohBairrnstable Clerk, P.O.Box 2430,Hyannis,MA 02601,WITHIN TWENTY-ONE(2iminal pp1)DAYS OOFyTHE DAyTE OF THIS NOTICE.. a FIRSTIf BARNSTABLEu desire to DIVISON,COURTCOMPOUNtest this matter In a DMAINSTREET,SAIRASTABLE, A02630,Att21D do so by gNo criiminalen Heaingsanuest to lSTRICT COURT dencl se a copy of thisciati DEPARTMENT, for a hearing. 131 If you fail to pay the above offense or to request a hearing within 21 days,or if you fall to appear for the hearing or to pay any fine determined at the earino to be due,criminal complaint may be Issued against You. �•+• ^`?`tiw2.':Y:kw,,.,,m:2`X`vY.`.i);x, 22k222`+ 2:.22?kkk,t, :2`�" "`2`c2k22}2##•``.2###k2y, tkYY:•,. .:.:, '^•.'t•`.22v Y•,.nyYxvxy •:.,,,.w•., ..;y,•.}:,,,::y}}yy}k}}yy}}h,tw}ywy,:: k2#2#:�:,:•:.;:••}.},:,,;;22,tay::}•:;t;:,;:>.2Y2x>:k2?k222xx:?::�^2x:22�:•:.i.•.:,:+. ~: Y...,..,,....::.r,:w„•::.,..,, :••#o.:.,, `} #�?r,,t•::.,,,,t:,,,w::,tr2�:,5?::xwwwYY2+2>.,.#•`:i^:,tw2,vn},;�,,. , w:}:;:;cz}...,w,ww:w..:w.,ww •.,,z,.e>'�2222222k2zz#�.:;}z„ti. .2}?,^;..:,222Ck;: 22t`.y.Y`2<YY„ .k`?k+22}'•2?2?Y.;,•:},�Y,,i,}}�•„�;..y,,,,.,,•.v. ; ,w,\`,?}:22x µ:C+,:.ttt<.:o}:Y'tYY22}ri2:,,•.:<:•:.,,yy..,,,„,•:}:.::,,::•.,• :.,..i::.w„:}•.,,,22 '•.,:.,,^ .�.,Y,..•:;?:: 2.,,}}yww 2?, :22.:YkY?2?22 n„^.Y2YY22>Y'RYx;:ty\,,,}, :, ,,,,,,xt'•:,^w,:,•2222:tt".22:•222222,Y'ty22•.}M1:.2 ,,, }Yx:,}<2`•' 2• yw ••v ...........t,,�,,t„�.,:..,t.;�.,wy}rY,,;;.:•::.:•:. 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'?<2;);kr,2}.YS;222YYYkY2222Y2k :i-`:`>`,,::..,:.•..:,,,:..t..:,,w, t�'•'�:'.`33 A3c .'S#3.+:`•:}}}}C•:•uk5#`x235?3Yi`+#��'S.^'?.:' 3S?L`, ".zk`2." "'�xt2�"^':22�,}:2„�yy'•Y�it 222'•2x:22,.,2}k #•`:2,,,• :::ty+22.'•.2k}k,r.:.,,:,x::2x:k}2x;•Yk2k22:ft::"^"Y .�:�,i5y`?:»33»S}>:�S}``i.}?5......#}}3?.3?n...w4?:?�w.?c��?a:0:3::,r#»x}.r.:.?y}?y}}.<.ri�v:x?}''r�..}}}>.•»}}}?#>?::':?.Yx,+x}}ysy4•:arar}}x'??#� 1 �j 2 2 example, your choice to begin using acrylic paints (non flammable) have reduced your overall liability by decreasing your management requirements in this area. Hazardous'Process Management Some materials you --.use are made hazardous by the process in which you use them. Fiberglassing can cause toxic exposure in the immediate environment in a variety of ways. Liquids, fumes, fibers and particulates can cause inhalation, dermal absorption and ingestion hazards. Clay, foam and wood work can produce respirable dust. Developing methods to reduce these exposures through segregation of process areas, more specific and sophisticated ventilation, down draft sanding areas and specific personnel protection equipment (PPE) and their appropriate use are a necessity to you. There exists numerous resources for you assistance, both public and private, free and for hire. You have to pursue them. Indoor welding has some obvious challenges for you with respect to combustible loads. However, your practice of wetting the floors, etc.. produces an electrical hazard as you have no ground-fault circuitry inside. Improvement of your electrical system will also be beneficial. Remove old electric cables and wires that are dead. Label your circuit box. Keep it clear and unobstructed. Get G-7 IC into any area that may have wet conditions or water present. Some of your power instruments I simply cannot comment on. For example, your microwave wood curing station should be certified safe by a reputable authority who is fluent in its potential hazard and then periodically checked to reconfirm. Several of your power tools have had their safety mechanisms disabled, i.e. guards removed. Improvement in this area will also reduce liability and prevent potential problems. Finally, you need to make improvements in your emergency response equipment, extinuishers fully charged, plainly visible and easily accessible. These are only some .suggestions. The scope of your operation is so extensive that a thorough discussion of every -ing is impossible. My suggestion is educate yourself thoroughly in the areas and media you choose to work. Request periodic audits and follow through with recommendations. Training and conducting self audits, by you and your employees, will be extremely useful and assist in the professional development of all. In response to the town referral, we will be required to return in several months to check on your progress. In the meantime, feel free to call me with any questions, referrals or concerns. In addition the address for the Center for Safety in the Arts is: 5 Beekman Street, Suite 1030, NY. NY 10038. Sincerely, Marina M. Brock - Senior Environmental Specialist REOVEO JUN 25 1998 -� cc. Tom McKean, Barnstable Health Agent Lt. Richard, West Barnstable Fire TOWHE°uTHOEPT. Chief Jenkins, i George Heufelder, BCDHE Y �r... 1- E of.B.4 � BARNSTABLE COUNTY 9� DEPARTMENT OF HEALTH AND THE ENVIRONMENT SUPERIOR COURT HOUSE POST OFFICE BOX 427 9ssACHVS� BARNSTABLE, MASSACHUSETTS 02630 phone:(508)362.2511 Ext.33( Public Health Administration 33Z Environmental Health 381 Water Quality Analysis 337 FAX(508)362.4136 TDD(508)362.5885 Mr. Barre Pinske RO 318y1SNHvd'3.�... . 1989 Old King's Hwy 7. JUN 2 5 1998 .�{ 8661 S z N n P Barnstable, MA 02668 TOwN OF BARNSTABLE 1 HEWHOEPT.. O3lt13J3� June 15, 1998 Dear Mr. Pinske, �.._�.. .� Thank you for allowing us to provide you with technical assistance as. suggested by Tom McKean, Barnstable Health Agent. As you recall the suggestion came in response to some concerns regarding the operations taking place at your art gallery located on Route 6A. As 1 explained the Barnstable County Department of Health and Environmental (BCDHE), in conjunction with local fire and health officials have been providing non-regulatory compliance assessments/audits to small businesses for about five years. We have found this method to be extremely useful in preventing problems by providing technical assistance to business to assure the safe and proper use/management of hazardous materials and/or processes. The technical audit that we conducted at your site on June 8th with the West Barnstable Fire Department revealed some areas of challenge, which I would like to address in this letter. You create art in a variety of media, specifically clay, metalwork, fiberglass, paint, wood and poly foam. As we discussed, the medias you choose dictate the type and degree of management challenges you will experience. Regulatory compliance is not particularly complicated, it is established to protect your health/safety and the health/safety of the environment. In general, poor management (this includes storage, use and disposal practices) of your hazardous materials at any time from purchase to proper demise constitutes an area of civil and criminal. liability to you. To simplify the discussion, I will break down the concerns I have for you and your facility into two areas: hazardous material management and hazardous process management. Hazardous Material )Management Your hazardous materials include a spectrum of flammables paints, thinners, adhesives, waxes, gases and fiberglassing chemicals. These management of these chemicals are particularly problematic to you because you also generate a huge combustible load, i.e..you generate a lot of . material that burns (foam residue, wood shavings). To reduce your potential for a problem these materials need to be stored in an appropriate flammables area and removed only for use. To simplify the storage requirement for your materials the Fire Department will be of tremendous assistance. Your requirements will be dictated by the types and quantities of materials you choose to have onsite at any given time. This can be reduced by making different choices. For THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M ^C&L DATA P 339 592 425 The Town of Barnsi US Postal Service Receipt for Certified Mail ' No Insurance Coverage Provided. i639, 1�' Department of Health Safety and EnviroI Do not use for International Mail See reverse c " Building Division sent 367 Main Street,Hyannis MA 02601 street&Number ' Office: 508-862-4038 Post office,state,&ZIP code Fax: 508-790-6230 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered June 1, 1998 _ Retum Receipt Stowing to Wham, Date,&Add'essee's Address 000 TOTAL Postage&Fees $ C9 Postmark or Date Barre Pinske iu� 1989 Route 6A U) a. West Barnstable,MA 02668 Dear Mr.Pinske: Please be advised that you are in violation of your special permit(1992-11)from the Zoning Board of Appeals. Specifically,you assured the Board that the garage would be your work space. On numerous occasions, we have witnessed you or your associates doing work outside. Activities witnessed include carving statues, fiberglass work,and metal work. You must cease and desist all outdoor artwork to stay in conformance with your special permit. You have the right to appeal this decision or seek a modification to your special permit from the Zoning Board of Appeals. If you decide on either of the above,we will be more than happy to assist you. Sincerely, ® SENDER: ■Complete Rams 1 andfor 2 for additional services. I also wish to receive the Ralph M.Crossen as ■complete Roma 3,4a,and 4b. following services(for an Building Commissioner •Print your name and address on the reverse of this forth so that we can return this extra fee): card to u a ■Attach this torn to the front of the meilpieoe,or on the bads If space does not 1.❑ Addressee's Address permit. RMC/km a► •W,Re'Retum ReCelOf Requested'on the mailpiece below the article number. 2.❑ Restricted Delivery tI e ■The Return Receipt will show to whom the article was delivered and the date delivered. 1 Consult postmaster for fee. CERTIFIED MAIL P 339 59: 3.Article Addressed to: 4a.Article Number 3 sib .y2'5 a �Cs-Y r e �k5�2 E E 4b.Service Type v�89 ❑-Registered rtitied e ❑ Express Mail ❑ Insured f3-Return Receipt for Merchandise ❑ COD O 26 7.Date of Deliver/ 5.Received By:(Print Name) 8.Addressee' Addre (only if requested and fee isWald) i; 6.Signatu : Add g f) X PS Form 11, December 1994 102595-97-13-0179 Domestic Retum Receipt Crossen Ralph From: Maloney Cathy To: Crossen Ralph Subject: Barry Pinske Date: Friday, June 12, 1998 9:39AM Debbie LaVoie reports that Barry Pinske has appealed your decision (about working in the front yard). His application has been clocked in-but the ZBA is all backed up and his hearing date isn't until August 26. He wants to know if he can continue to work as he is while his appeal is pending. Otherwise he loses the entire summer. i � C I Page 1 i oFIME royti Zoning Board of Appeals Town of Barnstable - Planning Department . BAMSTABLE, . 230 South Street, Hyannis, MA 02601 9abpr 639: A1�� (508) 862-4685 Fax(508) 790-6288 FD MA'S 3 July 23, 1998 Ralph Crossen, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Mr. Crossen, As you know, Barre Pinske is appealing your decision as defined in a letter dated June 1, 1998. 3' That hearing is scheduled before the Zoning Board of Appeals on July 29, 1998. 1 rl In accordance with Chapter 40A, Section 15, could you please transmit to the Board, as soon as possible, all documents and papers constituting the record of the case in which the appeal was taken. All information will be included in the packet to be mailed to the Board Members. Thank you, Emmett Glynn, TZ Town of Barnstable Planning Department Staff Report Appeal Number 1998-91 -Pinske Appeal Decision of Building Commissioner Date: July 22, 1998 To: Zonin f � peals From: Approved By: Robert P. Sc rnig, Director Reviewed By: Art Traczyk Principal, Planner Drafted By: Alan Twarog,Associate Planner Applicant: Barre Pinske Property Address: 1989 Route 6A,West Barnstable Assessor's Map/Parcel: Map 216,Parcel 038 Area: 1.26 acres Building Area: Art Gallery-6,640 sq.ft. Single-family dwelling-736 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:June 12, 1998 Public Hearing:July 29, 1998 Decision Due:November 19,1998(this includes a 60 day extension signed by the applicant) Background: The property that is the subject of this appeal consists of 1.26 acres and is located at 1989 Route 6A in the village of West Barnstable. It is improved with a 6,640 sq.ft. art gallery and a 736 sq. ft.single-family dwelling.' The site is located within an RF Residential F Zoning District. In February of 1992, the Board granted a Special Permit(No. 1992-11)for a change of a nonconforming warehouse use to a retail art center on the property. The applicant is appealing the decision of the Building Commissioner as defined in a letter dated June 1, 1998 which states,"please be advised that you are in violation of your Special Permit(1992-11)from the Zoning Board of Appe$ls. Specifically, you assured the Board that the garage would be your work space. On numerous o9cosIgns,we have witnessed you or your associates doing work outside. Activities witnessed include carving statues,fiberglass work and metal work. You must cease and desist all outdoor artwork to stay In conformance with your Special Permit." The applicant is appealing this decision of the Building Cgrmfniassioner under the opinion that Special Permit No: 1992-11 does not limit work space to just the garage area. For the Board's information,the single-family residence located on the property is on the National and State Register of Histolic Places. History: The following is a brief history of events leading up to the present situation: a � Y � ! n June 12, 1991 -OKH approved a Certificate of Appropriateness to allow conversion of an existing warehouse structure to an art gallery. Exterior•changes and a sign were approved. , January 27; 1992-Site plan found approvable by Site Plan Review Committee with the following conditions: 1. Issuance of a Special Permit from the Zoning Board of Appeals. 'According to assessor's records dated 7/21/98 a Town of Barnstable-Planning Department-Staff Report Appeal No. 1998-91 -Pinske Appeal Decision of Building Commissioner 2. Acquisition of a Certificate of Compliance from the Old King's Highway_Regional Historic Committee. 3. Issuance of a curb cut permit from the Massachusetts Department of Public Works. February 20, 1992-Zoning Board of Appeals granted a Special Permit(No. 1992-11)for change of a nonconforming warehouse use to a retail art center subject to the following conditions: 1. That the petitioner shall receive an approval from the Old King's Highway Committee. 2. That the petitioner shall receive a curb cut permit from the Massachusetts.Department of Public Works. 3. All the work shall be done in accordance with the approved site plan. March 4, 1992-OKH approved a Certificate of Appropriateness to allow the existing cottage to be re- shingled. r.... June 29, 1994-OKH approved a Certificate of Appropriateness for a new sign on the property. May 17, 1995-OKH approved a Certificate of Appropriateness for a new sign to be placed on a"giant mail box"with the condition the existing wall sign be removed. June 1, 1998-Building Division notifies Barre Pinske that he is in violation of Special Permit No. 1992-11 and must cease and desist all outdoor artwork. June 12, 1998-The petitioner applies to the office of the Zoning Board of Appeals for an appeal of an administrative official's decision. Staff Review: The property is located in a single-family residential neighborhood. Single-family homes are located to the west and across Route 6A to the north. Both the Health and Building Divisions have received complaints from neighbors concerning the activitie s es taking lace on the roe . The� 9 9 9 P property, p rty Barnstable Police Department has received complaints about the noise levels from this site as well. The Board should note that there have been several Notices of Violations issued to the applicant by the Town for sign violations on the property. Due to a complaint from a neighbor on July 14, 1998, alleging Mr. Pinske was working outdoors causing public health violations, the public Health Division (Tom McKean) inspected the property and determined that the carving activity was not a public health hazard to the neighbors(see attached e-mail from Tom McKean). On June 8, 1998 the Barnstable County Department of Health and Environment(BCDHE), with the West Barnstable Fire Department, conducted a technical audit of the property. JTh BCDHE, in conjunction with local fire and health officials, have been providing non-regulatory con pliance assessments/audits to small businesses for about 5 years. They do this to help assure the safe and proper use/management of hazardous materials and/or processes. Please see the attached letter dated June 15, 1998 for the results of this technical audit. Attachments: Applications Copies: Applicant/Petitioner Assessor Map/Card Building Commissioner June 1, 1998 letter from Building Commissioner June 15, 1998 letter from BCDHE July 15, 1998 a-Mail from Tom McKean Site Plan and Elevation Decision and Notice for Special Permit No. 1992-11 2 ' r TOWN OF. BARNSTABLE zoniiq%,Roae&=.pf Appeals AVVU-dA 3oa''€6r:Other Powers Date Received jj 12 A9 :23 For office use only: Town clerk Office- Appeal $ ct) -- Hearing Date Z Decision Due e 6 *"9d hero y applies to the Zoning Board of. Appeals for the reasons diMeelF � 1 OF:BAR%SIhSL � A R APPEAI.�, .•_ ��r� l 1���Q Phone O'J�Z 53 Applicant Address: )9 8 C( 6 A 16 Property Location: This is a request for: [] Enforcement Action .[� Appeal of Administrative Officials Decision [ j Repetitive Petitions [] Appeal from the zoning Administrator [ ] Other General Powers - Please specify: Please Provide the Following Information (as applicable): Property owner t��.� fy ► te- �r()4 , Phone 7�g 3��53r1 Address of` owner: � Zf applicant differs from owner, state nature ofinterest: n n 1, e -� �S l-YP!V c_r C, U Assessor's Map'/Parcel Number „I!enfsPD P, 6 Zoning District Groundwater overlay District which Section(s) of. the Zoning ordinance and/or of MGL chapter 40A are you appealing to the Zoning Board of Appeals? I Existing Level of Development of the Property - Number of Buildings: Imo` Q �"v Ip Gross Floor Area: � _ sq. ft. Present Use(s) : Application for Other Powers Nature & Description of Request: ► � ►pipe aC Q's Attached separate sheet If needed. Is the property located in an Historic District? Yes,Q�' No [] If yes ORH Use Only: Plan Review Number Date Approved i�lRT/-cr Go�v5f1 NixS (9A Is the building a designated Historic Landmark? es Nox xf yes Historic Preservation Department Use Only: Date Approved Has a building permit been applied for? Yes [ ] No Has the Building Inspector refused a permit? Yes [] No Has the property been before site Plan Review? Yes [] No fj]' For Building Department Use only: Not Required - single Family [ l Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial `of your 11 request: Three (3) copies of the completed application form, each with original signatures. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination. 1 � / q � signature: Date: Applicant or Agent's signature: Agent's Address: Phone: Fax No. p1frTME . The Town of Barnstable 33ARMn11i.E, . � Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 1, 1998 Barre Pinske 1989 Route 6A , West Barnstable,MA 02668 r ' Dear Mr.Pinske: Please be advised that you are in violation of your special permit(1992-11)from the Zoning Board of Appeals. Specifically,you assured the Board that the garage would be your work space. On numerous occasions, we have witnessed you or your associates doing work outside. Activities witnessed include carving statues, fiberglass work,and metal work. You must cease and desist all outdoor artwork to stay in conformance with your special permit. You have the right to appeal this decision or seek a modification to your special permit from the Zoning • Board of Appeals. If you decide on either of the above,we will be more than happy to assist you. Sincerely, z I Ralph M.Crossen Building Commissioner RMC/km CERTIFIED MAIL P 339 592 425 R.R.R. I� The' Board discussed the parking area and reviewed the Plans. Mr. Pinske stated that het intends toe .parking utilize stone retaining walls and landscaping in The Board discussed the runoff from the locus onto Route 6A and property to the north. The Board reviewed the Plan and the location of catch basins . Mr. Pinske stated that all the storm water run-off will be retained on the property. The Board questioned the applicant regarding legality of the existing non-conforming use. Mr. Pinske provided the Board with a copy of the Assessors's Field Card, dated 1989, indicating the use of the building as a warehouse within the past five years. The Board asked the applicant about the use of each floor of the building. Mr. Pinske responded that the garage area will be his work space, the lower level will house his personal work and the upper level will be used to display other artists works that he will be marketing. The Board questioned the proposed lighting on the site. Mr. Pinske responded that he will build the lights in a way so that they will not reflect light to the side properties . Mr. Pinske explained that the lights will provide a full - moon affect in order to provide safety in the parking area . Mr. Pinske summed up his presentation by saying that he has worked very hard on this project and hopes that the Board will find in favor -of h i s project. The following people made comments regarding this petition : Mrs. Messer , who has resided in the area for 25 yearn, commented on the noise that emanated from the o wi hebuilding with its former use as warehouse. She alsospoke her next door neighbor , Ms . Corsa. She and her neighbor are In favor of this petition. Andrew Ojala spoke in favor of the proposed use. Mr . & Mrs . Paxton, close abutters, spoke i ntsapport oftthe petition and hoped that the Boar w ill Pinske . Helen Wirtanen stated that she is not really speaking in favor or against but commented that the existing building is anti anvth i ng would be an improvement. Town of Barnstable-,-, Zoning Board of Appeaf-s Special Permit Decision and Notice Pet If i-on. 01992-..1 1 _ -_. .._. Petitioner: Barre Pinske Summary of Relief Sought: At a regularly scheduled hearing of the Zoning Board of Appeals, held on February 20, 1992, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Massachusetts General Laws Chapter 40A, the petitioner, Barre Pinske, has appealed to the Zoning Board of Appeals and petitioned for a Special Permit, to change an existing non-conforming warehouse use to another non-conforming use that of an art center, pursuant to Section 4-2.2 of the Zoning Ordinance. The applicant's site is shown on Assessor's Map/Parcel Number 216/38, more commonly addressed as 1989 Route 6A, West Barnstable, MA and is zoned RF Residential District. The following Board members heard this petition: Gail Nightingale, Betty Nilsson, Luke Lally, Gene Burman and Chairman Bliss. Summary of Evidence: The petitioner, Barre Pinske, presented his petition before the Board. Mr Pinske discussed the history of the project and stated that a Site Plan was approved for this proposal by the Site plan Review Committee. Mr. Pinske also stated that he appeared before the Old King's Highway District Committee (OKH) . The OKH granted him an informal approval for the proposed changes to the building. Mr. Barre Pinske stated that some alterations were done to the original Plan that had been approved by the OKH. Mr Barre Pinske also stated that he will be appearing before the OKH next week. Mr Pinske further stated that he will apply for a curb cut permit to the State DPW after obtaining a Special Permit from the Board. ` The Board questioned the hours of the art center operation and Mr. Pinske stated that normally an art gallery business is seasonal . It is not like a normal business with posted hours . He owned a Gallery on Route 6A in East Sandwich and had formal business hours from 9 - 6. E The Board discussed the parking area and reviewed the Plans . Mr. Pinske stated that he intends to utilize stone retaining walls and landscaping in the parking area. The Board discussed the runoff from the locus onto Route 6A and property to the north. The Board reviewed the Plan and the-- 1-ecat i on of catch has, �s:_ ... Mr.. _.P_i nsk_.._stated .that al 1 the storm water run-off will be retained on the property. The Board questioned the applicant regarding legality of the existing non-conforming use. Mr. Pinske provided the Board with a copy of the Assessors's Field Card, dated 1989, indicating the use of the building as a warehouse within the past five years. The Board asked the applicant about the use of each floor of the building. Mr. Pinske responded that the garage area will be his work space, the lower level will house his personal work and the upper level will be used to display other artists works that he will be marketing. The Board questioned the proposed lighting on the site. Mr. Pinske responded that he will build the lights in a way so that they will not reflect light to the side properties. Mr. Pinske explained that the lights will provide a full moon affect in order to provide safety in the parking area. Mr. Pinske summed up his presentation by saying that he has worked very hard on this project and hopes that the Board wi l l find in favor -of h i s project. The following people made comments regarding this petition : Mrs. Messer, who has resided in the area for 25 years, commented on the noise that emanated from the building with its former use as warehouse. She also spoke on behalf of her next door neighbor, Ms . Corsa. She and her neighbor are in favor of this petition. Andrew Ojala spoke in favor of the proposed use. Mr. & Mrs. Paxton, close abutters, spoke in support of the petition and hoped that the Board will grant approval to Mr. .Pinske. Helen Wirtanen stated that she is not really speaking in favor or against but commented that the existing building is an eyesore and anything would be an improvement. c! . Melody Ojala spoke in favor of the petition. Mr. Joseph Daluz, the Town of Barnstable Building Commissioner, commented that a Site Plan was approved for this site, with three conditions as enumerated in a letter to the Board. Finding of Facts: At the meeting of the Zoning Board of Appeals held on February, 20, 1992, the Board made the following finding of facts as related to Application # 1992- 11 : 1 . That the petitioner has received a site plan approval in accordance with Section 5-3.3(2) (C) of the Zoning Ordinance, with three conditions. 2. It has been established that there has been a non- conforming use on the premises within the past five years. 3. The proposed use would not be more detrimental to the neighborhood affected than the existing warehouse use. 4. The proposed change is from one non-conforming use to another non-conforming use. The vote was as follow: AYES: BURMAN, NILSSON, NIGHTINGALE, LALLY, BLISS Decision: Based upon the positive findings, a motion was duly made and seconded, the Board voted to grant the petitioner ,a Special Permit for change of non-conforming warehouse use to retail art center subject to following conditions : 1 . That the petitioner shall receive an approval from the Old King's Highway Committee. 2. That the petitioner shall receive a curb cut permit from the Massachusetts Department of Public Works. 3 . All the work shall be done in accordance with the approved site plan. , The vote was as follow: AYES; BURMAN, NILSSON, LALLY, NIGHTINGALE , BLISS THE PETITION IS GRANTED WITH CONDITIONS. Ary pe=sea ago==e•fe- by t_:=s dec=sio= nay appeal- to the E - a=s,.able Su-e--^r c�•, _� desc-^be_ in Sect_orc 1.7 of :apcz- 0� = t`e C' 4 • o Gace_aT La::s of the Ca.=a^^..:z 1 c of F-assac •usects by bra vit t::z^_tf days after the de==5i0:1 has bee f-._ed L the of=_c_ of the Totma Cle_'.t_ n4i1 Clark of the Tou-n of Baruscable, Bar- cable Councy, M.;-=ssachusects, hereby carti±y .that t:.-zacy (20) days have e?aused since the Board of Appeals rendered its decision in the above e=cisled peck=orn and that no appeal of said dec-Siva has been filed i the of lice of the Toum Clerk. Signed and Sealed this 3� day of /f 19 9-: under the pis and.penalt_es of per'ur- . M Dist==buc:on: Toua C:er'.t Toc.-a Cler ti Apgl_cant Perzc—.s Incerestad Bu:L d_=g Irspec_cr Eca__ o: ApmeMls iropeny Location: 1989 ROUTE 6A MAP M. 216/ 038/ Other M: Bldg#: 1 Card 1 of 2 Print Date:07/21/1998 L HIM 'AULS,GLENN D,TRUSTEE Description Code Aggraised Value Assessed Value 19PINSKE,BARRE,PINSKE ART CNTR S LAND 0101 12,21 12,214 801 999 RTE 6A SIDNTL 6101 5,31 5,311VEST BARNSTABLE,MA 02668 t; OM LAND 0361 114,39 114,39 BARNSTABLE,MA 2ccount# 133340 Plan Rcf.v OMMERC. 0361 47,79 47,79 cou Tax Dist 500 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: 181,712 DL 2 r. 'I vs. O ,7U 9,7 'AULS,GLENN D,TRUSTEE 7947/095 3/15/9 U 1 10 F Yr. Code Assessed Value Yr. Code Assessed Value I Yr. Code Assessed Value 'AULS,GLENN D 7947/087 3/15/9 U I 198,5 L ENTRY FEDERAL SAVINGS BNK 7268/261 9/15/9 U I 225,00 L ZEPNES,HAROLD S 4587/285 6/15/8 Q I 300,0 :AVALLINI,MATTHEW 2617/202 Q —To—i—aii 136.600, Total. 136,6001 Total. 136.60( IMMIR �; a ..' This signature acknowledges a visit by a Data Collector or Assessor Year YWelDescrivtion Amount Code Description r Number Amount Comm.Int. INNER`" Appraised Bldg.Value(Card) 52,700 Appraised XF(B)Value(Bldg) 0 Total Appraised OB(L)Value(Bldg) 0 ' r, „�A�_ x _ „ � ,, .• :,. € � Appraised Land Value//mo� 126 600 f G 'F',, <AA hs. ,'- x§'-a�•n. ' ,.9+x r: P +- z ± pP (Bldg) 90/10 Special Land Value 0 Interior inspection 9/97. Artist's workshop. Total Appraised Card Value 179,300 runc4ayout Total Appraised Parcel Value Valuation Method: Cost/Market Valuation Net Total Appraised Parcel Value .., r i',"yI..yFy�``,,t""""az" E Mz. Permit ID Issue Date T e Description Amount Ins .Date %Comy Date comp Comments Date ID Cd Pur oseMesult 4F y 6ex, a. .x . a _ E. t , e�9 k ham•k.:*.a:_5��l2. .??' ,¢, [-�� >.�= '" .'� .��'$�r�, ;:?... � „, 5..,. .•:<,,,.., . ..; :Cd.` ._.w-'i4� ... _. .; '# Use Code Descri lion Zone D Fronta a Depth Units Unit Price I.Factor S.I. C.Factor I Nbad. Ad. Notes-Adf4becial Pricinz Ad. Unit Price Land Value l 0361 ART GAL RF 5 1 LOC AC 100,000.0 0.91 C LOC W1109 1.35303SITE 122,000.0 122,00 l 0361 ART GAL 5 0.26 AC 48,400.0 0.91 C LOC 88AB 0.40 17,424.01 4,50 Total Land Unif4 1,24Aq Total Land Valuid 126,50 Properly Location: 1989 ROUTE 6A MAP M: 216/ 038/// Other ID: Bldg M 1 Card 1 of 2 Print Date:07/21/199S 73tornies Cd. Ch. Description Commercial Data Elements 2 ommercial Element Cd Ch. Description ode6 nd/Comm eat&&AC 0 ONE 26 70 came Type 2 OODFRAME aths/Plumbing 2 VERAGE Stories iling/Wall 0 ONE m4/Prtns 2 VERAGE xberior Wall 1 4 Wood Shingle /o Common Wall 2 ail Height 2 BAS BAS oof Structure 3 able/l ip 0 0 FUS 0 loof Cover 3 ph/F GIs/Cmp , lement ode Description actor terior Wall 1 1 nimum omplex 2 loor Adj ntcrior Floor 1 9 ine/Soft Wood nit Location 2 3 oncr-Finished icaumber of Units 26 ling Fuel 3 as umber of Levels 70 eating Type 3 of Air-no Due /o Ownership C Type 1 one y .1 edrooms 0 ro Bedrooms nadj.Base Rate 9.00 athrooms ero Bathrms tze Adj.Factor .03072 0 Full a(Q)Index .76 otal Rooms Room dj.Base Rate 0.55 Idg.Value New 02,852 ath Type ear Built 958 I en Style ff.Year Built 965 nnI Physcl Dep 2 uncnlObslnc 0 Obslnc 2 Cade pecl.Cond.Code 0361 kRT GAL 90 pecl Cond% 0101 3ingle Fam 10 verall%Cond. 6 eprec.Bldg Value 2,700 Code Descri tion LIB Units Unit Price Yr DpRt %Cnd Apr. Value diffla Lid Code Description LtvinizArea Gross Area E .Area Unit Cost Uncle rec.e Value' BAS at Floor 3,944 3,840 3,84i 30.55 117,31 FUS pper Story,Finished 2,801 2,900 2,80 30.55 85,54 ML Gross L ease Area 6,6401 —6.-6M 6.6401 202,952 Properly Location: 1989 ROUTE 6A MAP ID: 216/ 038/// Other ID: Bldg#: 2 Card 2 of 2 Print Date:07/21/1998 KIM AULS,GLENN D,TRUSTEE Descr Non Code Appraised Value Assessed Value .PINSKE,BARRE,PINSKE ART CNTR LAND 0101 12,21 12,21 989 RTE 6A H) 0101 5,21 5,311801 WEST BARNSTABLE,MA 02668 - OM LAND 0361 114,394 114,391 BARASTABLE,MA ccount# 133340 Plan Ref. OMMERC. 0361 47,794 47,79 ax Dist S00 Land QN er.Prop. #SR Life Estate VISION DL 1 Notes: 181,712 DL 2 AULS GLENN D TRUSTEE 7947/095 3/15/9 U I 10 F . o 179,70 Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value AULS,GLENN D� 7947/087 3/15/9 U I 189,504 L ENTRY FEDERAL SAVINGS BNK 7268/261 8/15/9 U I 225, L NES,HAROLD S 4587/285 6/1518 Q I 300,00 VALLINI,MATTHEW 2617/202 Q _ This re acknowledges 0 Total. 136 60 Total. 136.60( signature edges a visit by a Data Collector or Assessor Year T e/Descri tion Amount Code Descri tion Number Amount Comm.Int. OR Appraised Bldg.Vale(Card) 400 Appraised XF(B)Value(Bldg) 0 T taLh: Appraised e nduld ) Appraised Land Value 126,600 Cottage uninhabitable. Special Land Value 0 Total Appraised Card Value 127,000 Total Appraised Parcel Value Valuation Method: Cost/Market Valuation Net Total Appraised Parcel Value OOZE-My rm ,i1on x Permit ID Issue Date Description Amount Inw.Date I , %Comy. Date Comp Commews Date ID 1 Cd Purpose/Result B# Use Code Description Zone D Fronta a Depth Units Unit Price I.Factor S.I. C.Factor Nbad. Ad. Notes-Ad/S ectal PricingAd. Unit Price Land Value 2 0361 T GAL RF 5 0.01 SF 0.0 0.9c C Lft WB09 1.31 0.00 10 Total Land UnR4 O.OqA4qTotal Land Vafu4 10 aperty Location: 1989 ROUTE 6A MAP M: 216/ 038/ Other M: Bldg M 2 Card 2 of 2 Print Date:07/21/1998 Element Cd Ch Description Commercial Data Elements tie/Type 6 onventional Element Cd lCh I Description adel 1 esidential eat&&AC ade rame Type aths/Plumbing mes .5 1/2 Stories 23 ocupancy DO iling/Wall ooms/Prms tenor Wall 1 14 Wood Shingle /o Common Wall SAS 2 Mall Height of Strucwre 3 able/Mp Hof Cover 3 spb/F Gis/Cmp � - ��`�'� �` - s 23 lenient Code Description Factor erior Wall 1 5 rywall mplex 2 oor Adj erior Floor 1 2 rdwood nit Location 2 umber of Units BAB sting Fuel 2 it umber of Levels 3 FHS 13 ating Type 5 lot Water /o Ownership Type 1 4one x �a. drooms 2 Bedrooms nadj'Base Rate 8.00 throoms Bathroom ize Adj.Factor .60139 0 Full ade(Q)Index .76 tal Rooms Rooms 1•Base Rate 8.42 23 ldg.Value New 7,739 th Type ear Built 910 :then Style ff.Year Built 949 rml Physcl Dep 9 uncnl Obslnc con Obslnc 361 T GAL 90 pecl.Condo Code pecl Cond% 0 101 Single Fam 10 eraU%Cond. eprec.Bldg Value p0 'ode Description LIB Units Unit Pricer Yr. DP Rt YoCnd Apr. value .ode Descri tion Livin Area Gross Area E .Area Unit Cost Unde rec. value 3AS First Floor 431 437 431 59.4 25,53 FM lalf Story,Finished 209 299 209 40.1ig 12,21 Gross LiylLeaw Area 6441 73 64 37.73i `� of t BARNSTABLE COUNTY ova .. _., .9r DEPARTMENT OF HEALTH AND THE ENVIRONME _ � �1 SUPERIOR COURT HOUSE POST OFFICE BOX 427 TO1NN OF BARNSTABLE BARNSTABLE,MASSACHUSETTS 02630 BONING BOARD OF APPEALS 9ssACgtJSti� Phone:(508)362-2511 Ext.330 Public Health Administration 333 Environmental Health 383 / - water Quality Analysis 337 `.41 FAX(508)362-4136 TDD(508)362-5885 h '�► , cb 7d30N�: Mr. Barre Pinske 1989 Old King's Hwy JUN 2 5 199$ stint s z Nnr Barnstable,MA 02668 ftw8 ABLE p3ns�33; HEWN DEPT. J June 15, 1998 Dear Mr. Pinske Thank you for allowing us to provide you with technical assistance as suggested by Tom McKean, Barnstable Health Agent. As you recall the suggestion came in response to some concerns regarding the operations taking place at your art gallery located on Route 6A. As 1 explained the Barnstable County Department of Health and Environmental (BCDHE), in conjunction with local fire and health officials have been providing non-regulatory compliance assessments/audits to small businesses for about five years. We have found this method to be extremely useful in preventing problems by providing technical assistance to business to assure the safe and proper use/management of hazardous materials and/or processes. The technical audit that we conducted at your site on June 8th with the West Barnstable Fire Department revealed some areas of challenge, which I would like to address in this letter. You create art in a variety of media, specifically clay, metalwork, fiberglass, paint, wood and poly foam. As we discussed, the medias you choose dictate the type and degree of management challenges you will experience. Regulatory compliance is not particularly complicated, it is established.to protect your health/safety and the health/safety of the environment. In general, poor management (this includes storage, use and disposal practices) of your hazardous materials at any time from purchase to proper demise constitutes an area of civil and criminal liability to you. To simplify the discussion, I will break down the concerns I have for you and your facility into two areas: hazardous material management and hazardous process management. Hazardous Material Management Your hazardous materials include a spectrum of flammables paints, thinners, adhesives, waxes, gases and fiberglassing chemicals. These management of these chemicals are particularly problematic to you because you also generate a huge combustible load, i.e..you generate a lot of material that burns (foam residue, wood shavings). To reduce your potential for a problem these materials need to be stored in an appropriate flammables area and removed only for use. To simplify the storage requirement for your materials the Fire Department will be of tremendous assistance. Your requirements will be dictated by the types and quantities of materials you choose to have onsite at any given time. This can be reduced by making different choices. For I example, your choice to begin using acrylic paints (non flammable) have reduced your overall liability by decreasing your management requirements in this area. Hazardous Process Management Some materials you use are made hazardous by the process in which you use them. Fiberglassing can cause toxic exposure in the immediate environment in a variety of ways. Liquids, fumes, fibers and particulates can cause inhalation, dermal absorption and ingestion hazards. Clay, foam and wood work can produce respirable dust. Developing methods to reduce these exposures through segregation of process areas, more specific and sophisticated ventilation, down draft sanding areas and specific personnel protection equipment (PPE) and their appropriate use are a necessity to you. There exists numerous resources for you assistance, both public and private, free and for hire. You have to pursue them. Indoor welding has some obvious challenges for you with respect to combustible loads. However, your practice of wetting the floors, etc.. produces an electrical hazard as you have no ground-fault circuitry inside. Improvement of your electrical system will also be beneficial. Remove old electric cables and wires that are dead. Label your circuit box. Keep it clear and unobstructed. Get GFIC into any area that may have wet conditions or water present. Some of your power instruments I simply cannot comment on. For example, your microwave wood curing station should be certified safe by a reputable authority who is fluent in its potential hazard and then periodically checked to reconfirm. Several of your power tools have had their safety mechanisms disabled, i.e. guards removed. Improvement in this area.will also reduce liability and prevent potential problems. Finally, you need to make improvements in your emergency response equipment, extinuishers fully charged, plainly visible and easily accessible. These are only some suggestions. The scope of your operation is so extensive that a thorough discussion of everything is impossible. My suggestion is educate yourself thoroughly in the areas and media you choose to work. Request periodic audits and follow through with recommendations. Training and conducting self audits, by you and your employees, will be extremely useful and assist in the professional development of all. In response to the town referral, we will be required to return in several months to check on your progress. In the meantime, feel free to call me with any questions, referrals or concerns. In addition the address for the Center for Safety in the Arts is: 5 Beekman Street, Suite 1030, NY. NY 10038. Sincerely, .4 Marina M. Brock - Senior Environmental Specialist PECE1VE0 JUN 25 1998 cc. Tom McKean, Barnstable Health Agent/ TOWN OF BARNSTABLE Chief Jenkins, Lt. Richard, West Barnstable Fire HEALTHOEPT. George Heufelder, BCDHE '" ' Lavoie Debbra From: McKean Thomas To: Lavoie Debbra Cc: Crossen Ralph; Geiler Tom Subject: Pinske Art Gallery, 1989 Route 6A West Barnstable Date: Wednesday, July 15, 1998 3:01 PM On July 14, 1998, at 11 A0 a.m., the Public Health Division received a complaint from a neighbor alleging Mr. Pinske was working outdoors causing public health violations. I immediately went to the site, arriving at 12:00 noon that day. There were no workers there; however a young woman named Robin greeted me as I walked inside the Art Gallery. She informed me that Mr. Barry Pinske was away at lunch and will be back shortly. Less than five minutes later, Mr. Pinske arrived. I exlained why I was there, to investigate a complaint. Mr. Pinske was very cordial and offered to demonstrate to me how he carves rigid foam into a nine or ten feet tall bear located outside behind the building using an electric chain saw. I asked if I could take a photograph of the demonstration and he answered yes. As he demonstrated the carving method, I observed small pink colored foam material immediately falling to the ground. [NOTE: This foam material is used in potting soil -its sold in many stores.] It did not travel any great distance. During windy conditions, it traveled less than twenty-five feet before landing on the ground. The neighbor who had complained was located at least one hundred and fifty(150) feet away from the carving site. Therefore, I determined that this carving activity was not a public health hazard to the neighbors. You now have in your possession a sample of the foam insulation material and a copy of the photograph described above. Page 1 :'tlYrrtas r+llitua•=-,�a ? Nrnes: ....-'—. . "f t,i+l•-.-! Mtn J`- 1.1lRf1tAL OAT1M N M961(AM,~ *Mar) ..'��Yr•rAYas .O L Pr At, TO�= 1 CAPE Y6 r9 a m1yr°(5�ob•I&T.. Its pl Wo;:. -AWMsCTM a ''Raara i �►, m[a1w wa m.tor ssMp,IR. a.C-'aft &-VE&-r kMAT~MAW Vn.Tias ft a,-m LGMSTaA jVW. ,.AW F—A=WrM.&bO 15 TMlrla.WAW.,T M N-to QA9l r •. (/`V( s.ALL Mmm Nges&W 4M W ec uNrN Wm 41 SIM. aII`` L•PWOOM-5AT TA BE MAIM TLSTYO P.M KV,4i-F q. ' 1 ,'1j1 fell• -t C—no cftwa s Pat le mi...I—A•L•kill 7.SOMm—40-,'m APE.if 0IAVCptTllanpM aVf MIL Y51s11. J 6.Tatty Wile n AMNAtIa. t t C'• Ta ksftw$nc 4ns, ,.FXW-me, i Mtl I*In A%6ma tt,. i A;ttA]T 4 tJ _ 1j �L- 7s Tt. 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" Cf12B 1.91 orrur•is• •v,n•mYNI Rt�e•IcF•t1A.1 vsa,� A411 I� Y0•a.v.c..NIM a e sTwL(,t'•5-s.Y oral) �K to ram.!`.,, SIR AeeAl Hs.e1s•2.5-m.c (a4)•2,9.1 61b Ffi'( ..1-'17.4Z -- DerrnN + (�a•M•ts,M _.. roTAl-4a,610 'trllsli,.5 7ff�B im0, ::wad m;1 "'fC4 ng_ Ago O ME Ing �Jsi �p��N�w■l�M0MEN lh VA '�'�'� � 1. _�3we•.., �i�� .,}L..�..•. r , - � ,,,,��y�� - y�•tAr_�!.c►�;::-.. `q,,�,, `�dK: "� � _ �r _,4,"ay.. �`�.;t-• .. ! l ►' 4 i ac• _ v tea$_` �d i 17 1 I9W6 50-2 �"1 54 a m cr 15 16 36 6BA 13 14 1 ' 78 40 42 9-1 76WB � c 5WB Barre Pinske a Map 216 Parcel 38 1989 Route 6A w E West Barnstable Scale V = ISO' S f ' Health Complaints 01-Jun-98 Time: 2:58:24 PM Date: 5/26/98 Complaint Number: 1345 Referred To: JEROME DUNNING Taken By: THOMAS MCKEAN Complaint Type: ARTICLE XXXIX HAZARDOUS WASTE Article X Detail: Business Name: Pinske Art Gallery Number: 1989 Street: Route 6A(Main Street) Village: WEST BARNSTABLE Assessors Map-Parcel: Complainant's Name: Rita Paxton Address: 1996 Route 6A, Main Street, Box 265 W. B Telephone Number: 2:62-4913 Complaint Description: 1) Mr. Pinske is sanding and grinding fiberglass, resins, metals, and woods outdoors. Employees are only wearing paper masks. 2) Mr. Pinske is burning wood with some kind of propellent and dark colored smoke spreads through the area; this is a public health hazard according to the complainant. 3) Saw dust and resin dusts are piled up two feet high and the wind blows it into the air(a violation of 310 CMR 7.09 of the EPA Regulations according to the complainant). 4) Fiberglass and resin wastes are washed-off the art product with a hose and the hazardous wastewater runs into the public street (a violation of EPA regulation 5.03 according to the complainant). [NOTE: The complainant suggests that the health inspector go to the Building Department and read her package that was given to Mr. Ralph Crossen on April 27, 1998. Also, she has a a videotape of these violations. If the health inspector would like to see the video, call the complainant at her home]. Actions Taken/Results: JD investigated on 5/28/98 at 3:30 p.m.. None of the following were observed: (1) No water or wastewater observed being discharged into 1 j- Health Complaints 01-Jun-98 the street(2) No resin or fiberglass dusts observed being discharged into the air, (3) No smoke observed being discharged into the air and (4) No fiberglass or resins being hosed onto the ground. JD did detect a very slight paint fume odor at the complainant's property at 3:30 p.m. on May 28, 1998. Also, TM went to the site at 4:30 p.m. on 5/28/98 and detected no odors whatsoever outdoors, and observed no violations of any regulations or of any codes. On 5/29/98, at 10:00 a.m., TM viewed the videotape supplied by Mr. Paxtin at Ralph Crossen's Office. On 5/29/98 at 4:45 p.m. TM reinspected the site and again did not observe any health violations. Mr. Pinske stated that his art business has not increased at all over the years. There have always been three employees working there. TM did however- advise Mr. Pinske that he should upgrade his- paint spray booth to prevent nusiance odors. TM also telephoned Ms. Marina Brock, Environmental Hazardous Materials Specialist for Barnstable County, who will schedule a site visit to the property in order to provide Mr. Pinske any additional recommendations. Ms. Brock stated she will bring a fire inspector to the site. [NOTE: This investigation is currently ongoing. On 6/1/98, TM will recommend to Ralph Crossen that the ZBA decision be reviewed and that we should look for any variations, expansions, or violations of the ZBA decision in regards to Pinske's Art Gallery. Investigation Date: 5/28/98 Investigation Time: 3:30:00 PM 2 R 314 CMR: DIVISION OF WATER POLLUTION CONTROL 5.02: continued Underground Iniection Control or -the program under Section 1421 of the Safe Drinking Water Act(P.L. 93-523 as amended by P.L. 95-190 and 96-502). Unconsolidated Deposits - all non-indurated or poorly indurated soil materials above the bed rock. Unsaturated Zone-that portion of the earth's crust which does not contain sufficient water to fill all interconnected voids or pore spaces. Perched water bodies may exist within the unsaturated zone. Wastewater-sewage, industrial waste,other wastes or any combination of the three. Waters of the Commonwealth - all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds,.springs, impoundments, estuaries, wetlands,coastal waters,and ground waters. a bored, drilled, or driven shaft or a dug hole, whose depth is greater than its largest surface dimension. 5.03 Discharges Requiring a Permit (1) No person shall discharge pollutants to ground waters g the CoMMoo t•��ltt yvithout a currently valid permit from the Director pursuant to M.G.L. c. 21, §43 and 314 CMR 5.00, unless exempted in 314 CMR 5.05. No person shall construct, install, modify, operate or maintain an outlet for such a discharge or any treatment works required to treat such discharge without having first obtained a discharge permit in accordance with 314 CMR 5.03(1) and written approval from the Department for such activity,unless exempted pursuant to 314 CMR 5.05. Any person who discharges or prRposes to._dis_rhLrge to ground waters of the Co^rtmrri ealiE may obtain a pemuf 6y filing the appropriate application forms in accordance with 314 CMR 5.00 and 2.00. t (2) Activities which constitute discharges of pollutants requiring a permit under 314 CMR 5.03 (1)include,but are not limited to: (a) Any facility which discharges a liquid effluent onto or (b) Any facility which discharges a liqut a uent-to a percolation pit,pond,or lagoon; (c) Any facility which discharges a Squid effluent via subsurface leaching facilities including but not limited to: leaching pits,galleries,chambers,trenches, fields and pipes; (d) Any facility which discharges a liquid effluent into a Class V injection well as defined in 310 CMR 27.00;or (e) Any facility with an associated unlined pit, pond, lagoon, or surface im oundment in which wastewaters or sludges are collected, stored,treated, or disposed an from w Ma liquid portion seeps into_Lhe ground;, 5.04• Other Activities Requiring a Permit (1) No person shall engage in any other activity,other than those described in 314 CMR 5.03, which may reasonably result, directly or indirectly, in the discharge of pollutants into ground waters of the Commonwealth, without a currently valid permit from the Director, pursuant to 314 CMR 5.00 and 2.00, unless exempted in 314 CMR 5.05. Any person who engages or proposes to engage in such activities may obtain a permit by filing the appropriate application forms in accordance with 314 CMR 5.00 and 2.00. (2) Such other activities shall specifically include,but not be limited to: (a) Storm Water Discha_rees to the ground as defined herein. "Storm water discharges"means a conveyance or system of conveyances(including pipes, conduits, ditches and channels) primarily used for collecting and conveying storm water runoff, but not including combined municipal sewer systems,and which: 912519i) 314 CMR- 165 L 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION �f 7.09: U Dust. Odor. Construction. and Demolition (1) No person having control of_ dust or odor generating opee,ra o such as. but not limited to asphalt bat ing ptants. asps roofing materials manufacturing plants, asphalt blowing plants, fou ndries. chemical M'a --- utilization facttco eum manufacturing pants, incinerators. fuel products manufacturing plants. aggregate manufacturing plants, food preparation or processing facilities. w plants. dry clearung establishments. paint and_va=kjnanu attuning pl ants. paper manufacturing plants, leather manufacturing plants. concrete hatching plants. metal coatis and treating plants, land clearing operations. construction work. dump operations. agricultural operations and street sweeping shall permit emissions therefrom which cause or caontribute to_a condition of air pollutio (2) No person responsible for any construction or demolition of an industrial. commercial. or institutional building or residential building with twenty or more dwelling units. shall cause, suffer, allow; or permit emissions therefrom which cause or contribute to a condition of air p011utip[}_Said person shall notify the Department in writing ten working days prior to the initiation of said contructioa or dernolitien operation. The ten working day advance notice period will be waived in the event of emergency demolition necessary to prevent a public health or safety hazard. (J) No person responsible for an area where construction or demolition has taken place shall cause, suffer. allow, or permit particulate emissions therefroe to cause or contribute to a condition of air pollution by failure to p cover, wet, or otherwise treat said area to prevent excessive emissions of particulate matte:- (;) No person shall cause. suffer. allow. or permit the handling. transportation. or storage of any material in a mariner that results or may result in ern ssiors therefrom winch cause or contribute to a condition of air pollution. (5) No persons resaorsibie for arry construction or demolition of a structure that ` contains fr.able asbestos material shall fail to comply with 310 C%(R 7.09(2) arc 310 C`(R 7.02. (National Einission Standards for Hazardous Pollutants) (6) No person shall cause. suffer, allow, or pen-rut the operation of mechanized street sweeping equipment that is not equipped with a suitable dust collection or dust suppression system w(uC;:'i is maintained to good opera tuig,co ndition and is operated continuously while the street sweeping equnpmetit is in use to prevent conditions of air pollution. (7) 310 C ..R throgh 7.09(4) and 7,09(6) are subject to the enfo cement ent provisions specifies in 310 tMft 7.52: - 7.10: U Noise (1) No person owning. leasing, or controlling a sour e of sound small ni will' lly, negligently, or through failure to provide necessary eguupment. service. or maintenance or to take necessary precautions cause. suffer. allow. Or permit unnecessary emissions from said source of sound that may cause noise. (2) 310 CMR 7.10(1) shall pertain to. but shall not be limited to. proior,gea unattended sounding of burgular alarms. construction and aemoiiuon equipment which charactersticsll} smut sound but which may be fitted and accommodates with equipment such as enclosures to suppress sour:d or may be operated in a manner so as to suppress sound. suppressable and preventable industrial and commercial sources of sound. and other man-made sounds that cause noise. (3) 310 CN(R 7.10(1) &.hall not apply to sounds emitted dunng and associated with; (a) parades. public gatherings, or sporting events. for which pe^nits have been issued otovidea tnat sma parades. public gatherings or sporting events in one city or town do not cause noise in another c:ty or town: 310CMR - 133 1" yX 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION �: IW f 7.50: continued (2) Variances may be granted when in the opinion of the Department efforts have been made in good faith by such person to comply with 310 CMR 7.00 prior to the petition for a variance; and: (a) when enforcement of 310 CMR 7.00'is considered to be impractical due to lack of currently available technology or available conforming fuel, or 1 (b) when compliance with 310 CMR 7.00 is considered to be impossible due to unavoidable delays in obtaining control equipment,or (c) when compliance with 310 CMR 7.00 is interfered with due to acts of nature, or (d) when the ben eq benefits expected to be derived from ruiring such person to comply with 310 CMR 7.00 would be substantially outweighed by the cost to such person and the loss to the public resulting from compliance,and that granting such a variance would have no i significant deleterious effect on public health. (3) Variances where granted, shall: a be in within ( ) g (b) not extend beyond May 31, 1975,or such later date as may be prescribed by Federal (c) be subject to the approval of the administrator of the Environmental Protection Agency. The applicant shall assume all costs such as, but not limited to, the publishing of legal notices incidental to the application for and granting of a variance. 7.51: U Hearings Relative to Orders and Approvals (1) The Department will grant a hearing, upon application in writing, for the purpose of reconsideration to any person to whom an ORDER has been issued, provided that such application is made within ten days of the receipt of the ORDER (2) Upon receipt of a proposal for the construction,substantial reconstruction or alteration of any facility regulated by the Department of Public Utilities, insofar as the facility may have an im on air quality, the Department shall hold a public hearin pact g prior to consideration for approval or disapproval of said facility. 7.52: U Enforcement Provisions. .r- An lice d artrrxnt, fire d artment, board of health officials, or bui)d�- r or his, esignex�actung wr Junsdiction area is ereby authorized by the Deparuneat to eno�rc as provided for in M.G.L, c. 111, § 142B, any regulation in which specific erence to 310 CMR 7.52 is cited. (7S3 through 7.59: Reserved) 7.60: U Sevembility Each section of 310 CMR 7.00 shall be construed"as separate to the.end that if any regulation or sentrnm clause, or phrases thereof shall be held invalid for any reason, the remainder of 310 CMR 7.00 and all other regulations shall continue in full force. REGULATORY AUTHORITY 310 CMR 7.00: M.G.L. c. I11. § 142A through J. 7/1/9-1 310 CMR - 250.102 i Donald & Rita Paxton P.O. Box 265 1996 Main Street West Barnstable, MA 02668 Mr. Ralph Crossen Building Commissioner Town o f Barnstable 367 Main Street Hyannis, Mass. 02601 April 27,1998 Dear Mr. Crossen, This is a letter of formal complaint in reference to our problems with the Pinske Art Center, 1989 Rt. 6A, West Barnstable, Mass., Map 216 Parcel 38. Our complaints have been expressed to numerous town officials to no avail since 1996. On February 20, 1992 Mr. Pinske appeared in front of the ZBA(petition 1992-11) for a special permit. He asked to change the use at 1989 Rt. 6A from a non-conforming warehouse to a Retail Art Center, reference application for special permit 1/30/92. In the ZBA Special Permit Decision&Notice 1992-11, finding#3 "the proposed use would not be more detrimental to the neighborhood affected." Note, the warehouse was basically an empty building with a few mattresses inside. Decision.: "the board voted to grant the petitioner a Special Permit for change of nonconforming warehouse use to Retail Art Center." #3 "All the work shall be done in accordance with the approved site plan." The business at 1989 Rt. 6A is not only a retail art center, it is a manufacturing business. Mechanical tools such as chain saws, compressor, hydraulic saw, sanding tools, welding equipment, spray painters, hammering of metals, etc. are being used. The work performed with these tools is outdoors and mostly within ten feet of Rt. 6A and approximately 25 feet from our property line. When on occasion work is performed in the garage, the garage door is open. With Mr. Pinske and several employees working with different mechanical tools noise in our home is excessive and unbearable. See attached A t Department of Environmental Protection A310CMR, 7.09, 7.10, 7.52. In article XXI - Anti Noise Regulation, Town of Barnstable, we reference to, as written"or other mechanical," or "instrument", "excessive or unusual noises", "disturbance", "breach of the peace". The American College dictionary defines instrument, "a mechanical devise or contrivance a tool". Mechanical: "having to do with machinery" When sanding, sawing of fiberglass, wood, resin by mechanical equipment the particles are let to blow in the air spread by the winds. Burning of who knows what permeates over the neighborhood. Please refer to 7.09, Department of Environmental Protection. The grinding and pounding on metal is unbearable. The welding creates a fire hazard with sparks flying in relation to the huge amounts of sawdust on the ground and the close proximity to Rt. 6A. There is also the run off of waste water directly onto the roadway of Rt. 6A when items are washed off by workers and run off after rain. Please refer to Division of Water Pollution Control, regulation 5.02 & 5.03 as well.as ZBA discussion 1992-11. There is no environmental protection for abutters, persons passing by, as well as Mr. Pinske's customers that are allowed in and around the work area while work is in progress. These environmental violations pose a serious health hazard. Most of the time the workers can be seen wearing ear covers and face masks. Should they be EPA approved and regulated since all fibers are let to be airborne? This work can go on seven days a week and into the evening hours. See attached police report#9703215 of 10/31/97 at 2300 hours (11PM). In ZBA report 1992-11 Mr. Pinske stated "normally an art gallery business is seasonal, his former business hours were 9-6 PM ". The retail section of his business maybe this, but his manufacturing is not. We reference to other ZBA decisions; Appeal 1997-32, Davis 3/19/97, motion#3. Mr. Janson, structure was to be sound proof, motion#14, any noise, dust and vibration that is generated shall not be detectable beyond a 15 ft. radius. This was referred to by Atty. R. Branch as a manufacturing business and be detrimental to surrounding residence by noise. The ZBA denied this application. The Department of Environmental Protection CMR 310, 7.09, 7.10 regulations were followed. Also,Reference ZBA 1997-112, Cotuit Woodworkers. Finding#14, "the proposed use will not result in an increase of on site or off site noise, dust or odors." Finding#15, increase hours of employees. Finding#17, will not be more detrimental. Decision#6 no outdoor storage of materials. #8 meet requirements of Fire Dept., Health&Building Division. #10 no refinishing done. #11 hazardous materials. #12 re-neighbor. #13 hours.. #14 dust abatement equipment to preclude dust from filtering to outside area. This was II granted with terms and conditions. Environmental Protection 7.09 - 7.10 EPA regulations were followed. Also Reference - ZBA 1997-80, 1611 Corporation, withdrawn without prejudice, manufacturing was questioned. ZBA 1997-90-91 1611 Corporation 8/20/97. #2 retail uses limited, not to include any on site manufacturing, assembly, finishing. #3 no hazardous materials or chemicals. #4 no signs internally illuminated. #9 requirements of Health Division, Conservation and Fire District must be met. #10 all drainage must be contained on lot. See 314CMR- 5.03 (2 a& e) any facility which discharges a liquid effluent onto or below the land surface. #12 no external display of any type shall be permitted. This was granted with terms and conditions. EPA regulations were followed. The same terms and conditions of the ZBA and Department of Environmental Protection rulings of sound proofing,toxic materials, noise, dust, vibrations, and run off should apply to the business at 1989 Rt. 6A after they have applied to the ZBA for a new special permit for manufacturing. Precedence has been set by the previous ZBA rulings and laws are in effect by the EPA. No where has there been approval for the work now being carried out at 1989 Rt. 6A. As an abutter we have not been informed of any use change from the Special Permit 1992-11 issued to Mr. Pinske as a Retail Art Center. Mr. Pinske has not complied with the proposals of his letter of 1/30/97: "change current use to Retail Art Center", "create an art center complimentary to Rt. 6A", "a special place we can all be proud of", "renovating existing structures". In fact Mr. Pinske has destroyed a historic home on his property by chainsawing our the windows etc. When he became angry with the Old King Hwy. He never carried out his proposed building alterations dated 2/18/92. It is obvious to the eye where the work is performed. The debris is piled up, outside, infront of the building. We have VCR film of the work, noise and runoff in progress. The recording is taken on and from our property as well as in our home. Jack Gilles, Audrey Loughnane and Mr. Crossen came to our home to see and hear our first recording. A copy was given to Mr. Crossen. We have an ongoing film recording sawing, sanding, grinding welding and runoff etc. The video recordings have been taken to show proof of our allegations. We have spoken with, written to, and met with Barnstable Town officials for years now to no final corrections of these violations. We were told to A the police for noise problems. After town officials or police speak to Mr. Pinske we are then harassed and threatened by Mr. Pinske and have had property damage to our home. I refer to police reports Ws, 97032135, 97033283, 97033356, 97033530, 97035955, 98010002. These violations have affected us in our home and on our property. It has affected our health and value of our property. There is no where in our home or on our property where we can escape these violations. These violations defy ZBA decision on petition 1992-11,noise regulations of Barnstable, and the Department of Environmental Protection. EPA has informed us these are violations. When asked if we wished to file a complaint we stated that we prefer to work within the town one more time to correct these violations. The town has let this continue and we must hold them responsible as they have not corrected these violations as of this date. This is not a recent problem as it goes back several years. It can no longer be tolerated. It has destroyed our Breach of Peace, use and value of our property, and has serious environmental health risks. We are requesting an investigation and to be present at a hearing with Mr. Crossen and the ZBA in reference to this problem. We have tried to work within the town. These violations include town and state laws. We suggest someone from the ZBA review the video recording in the towns possession and contact us to review our ongoing video recording. We will expect to hear from you shortly as you can see time is of the essence. You may reach us at (508) 362-4913. Respectfully submitted, Donald&Rita Paxton enclosures: see attached cc: Emmett Glynn, ZBA Audrey Loughnane, Councilor -.-r i J 64 ARTICLE g$I. ANTI-NOISE REGULATION Section 1. It shall be unlawful y,for..any,rperson or persons occupying or having charge of any building, dwelling, structure, premises, shelter, boat or conveyance or any part thereof in the town, to cau W or suffer to allow any unnecessary, loud, excessive or unusual noises in the operation of any radio, phonograph or other y anal or electronic sound mak_l.— ..�,.._..._,..�.....,w.... d ce or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the aforesaid, or the making of loud outcries, exclamations or other loud or boisterous noises or loud and boisterous singing by any person or group of person or in the use of ,any device to aiiiplify the afzra3alll n3isa, +ihare tha ncisc i_ 1oJ�1 r Y � audible at a distance of one hundred fifty ( 50)Mfeet from the building, dwelling, structure, premises, shelter, boat or conveyance in which or from which it is produced. The fact that the noise is plainly audible at a distance of one hundred fifty (150) feet from.the �buildin,2,- dwellin structurerem Ise a� shelter boat or conveyance from which it originates shall constitute Prima Facie evidence of a violation of this ordinance. Section 2. It shall be unlawful for any person or persons being, present in or about any building, dwelling, structure, premises, shelter, boat or conveyance or any part thereof, other than that section of an! establishment licensed under Chapter 1313 of the General Laws, who, shall cause or suffer or countenance an loud unnecessary, excessive or unusual noises, including any loud, unnecessary, excessive or unusual nos see writhe operation of any radio, phonograph, or other mechanical or electronic sound making device, or instrument or reproducing device or instrument or in the playing of any band, orchestra, musician or group of musicians, or the making of loud outcries, exclamations or other loud or boisterous noises or loud and boisterous singing by any person or group of persons, or in the use of any device to amplify the aforesaid noise, where the aforesaid noise is plainly audible at a distance of one hundred and fifty feet from the building, dwei.lig, structure, p emise3f eheler,boatNor conveyance in which or from which it is produced. The fact that t that the riois from the is plainly audible at a distance of one hundred and fac y ebuilding, dwelling, structure, premises, 6h61fer_ boa`s or�conveyance from which it originates shall constitute 'Prima Facie evidence of a violation of this ordinance. Any, erson shall be deemed in violation of this ordinanee,,,, who shall make, or aid, or cause, or suffer, or countenance, or assist in the making of the aforesaid and described improper noises, disturbance, breagh of the peace,_ and the presence of any person or persons in or about the building, dwelling, structure, premises, shelter, boat or conveyance or any part thereof during a violation of this ordinance shall constitute Prima Facie evidence that they are a countenance to such violation. Section 3. It shall be unlawful for any person while in control of any motor vehicle in the Town of Barnstable to cause any unnecessary, loud, 65 excessive, or unusual noise in the operation of the motor vehicle. The fact that the noise is plainly audible at a distance of one hundred fifty (150) feet from the motor vehicle from which it originates shall constitute Prima Facie evidence of a violation of this ordinance. Section 4. The owner of any building, dwelling, structure, premises, shelter, boat or conveyance which i et, Jrented or leased shall provide any and all tenants, lessees and sublessees with a copy of4thie ora�nance. Section 5. Any person violating the provisions of this ordinance shall be ` punished by a fine not to exceed two hundred ($200.00) dollars for each offense. Adopted September 3, 1965. Approved September 29, 1965. Amended May 18, 1976. Approved September 13, 1976. Adoption of Section 3. Amended November 5, 1988. Approved March 10, 1989. Rescission of old text. Adoption of new text. e MobileW'moved M Ilk ash ee " "'AB;'the request p "Commons Lmited ;Partnership, 1,ro Barnstable artist'Barre inske on Friday removed a mobile from his gallery on North 14arket sheet that `many°residents had K objected to._ as-rellglopsly`offers- _side ? n r Mashpee Commons tiniinager4 S."'' 1Vlelrnda.s.-.Gallant` said Mr Pin ske had'signed a lease agreeing r ►- ,not to exhibit anythingrAh is in ek poor taste'or that is without re 1] ' deeming aitistic value`The mo P brie, h�qu'estlon,,she said, was. o : "totally inappropriate % Perfectr .1 a , r, i. F �"'1� P""�?` �Y '��;L¢ ,'4s �Y i .},'��j•���� x T d k �7 �4i. •Yf .. ! - ,�i fF Iia ! 11� r.,x k� 7 2 r. i,•*ii. } ..; � *� '4�' x� P4' F uu 4'�'f }L.�r��� ti { �R . 1 a , ; Of Z E'0,4ppe]Ether a Friday;December 12,197''' t ,: r 9 , a JJ�� 3e j ` .r Co motesAs ®r t1 ., a val ` K. n. , ,, ByJANICE WALFORD, said, "Some people are always it's not that I want to be a nega looking for someone to blame, tive part of the community." Hanging from the ceiling of a / someone to, dump their shame ' "Mr. Pinske; who is new art gallery at Mashpee Com _ coons are some mobiles similar to on.. id he will the balloons coming from the "I don't do this to offend peo- maintain his:, :vn Route 13Amouths of cartoon characters., ple. I do it for fun. Art is what I in Barnstablelop:prod- One says,"Don't confuse what you do." ucts for thisutlet:.at:,the? like with art." Another, "I walk Commons wm- the dog,therefore I am." ' Asked whether he would re- ree sides. , • spond to a request to take the mo- "I 'try to make things people Another,- one that is causing bile, down, Mr. Pinske replied, will like,',', he said.. "Maybe T11' mush concern in the community, "probably not.',' He paused, have to change,because I do want says on one side: ;"If everyone ',Unless .it means I can't lease to have a successful stor'e:" stopped doing things other peo- here. I am sick of catering to the 1 + He paused, pacing frust11 rated-., ple .didn't dike, nothing would lowest common denominator: But }' happen.'' On the other: "Switch Continued on Page 2•. from Catholic to Jewish — Have you!ever heard of a rabbi molest- r ing anybody?" 3 "Confident people can see it A I for what it is and get on'wi.th their 1, lives," the artist Barre Pinske'of t Barnstable said last night outside he gallery on North Market + Street... , M # "Some people use humor as a coping tool:When'Princess Diana died,• there were Di jokes," he " (said.f^"Think of all the humor �� ;around the Hale-Bopp guys," , z When informed that several rrY ,residents had called to express " their outrage at the offensive lan wage on the mobile, Mr. Pinske r k tYCH FROM QATHOLi'C f 4 a�avE you EJF_n yi . Tp JEyy15HF �i AFJr$f HEF9RL10FAR WOLESTING • . Mashpee'; Commons 'is., asking � Y f�� �� :,� t Barnstable artist Barre Pinsk® ,this morning to remove.this mso- ail': bile from'th(e gallery he is open- zy� � ;i nt t 'tag on North Harket Street. (PhotographsbyJankuwafford) l ll+ ..-_�-t:i`C�, i:_.�,aw�'+�l,�J� a,iT. .,_. '',.. .,i.; .� i._, ��:� i• 1 � ....,...,A,i.Jri .,�: r oh,... _ ... y;J.y„-�:r,,.burr;;...,,..,..:y:;' . d 11 ®b�e Offends esid:en sr M Continued from Page One Jews, he said. "Religion has helped humanity; but a lot' of ly, "John Renz told me not to get ideas are definitely'wrong- be- into trouble,',.he said referring to cause they build up shame:There Mashpee Commons vice presi- are a lot of issues they'don't ad- dent for marketing and leasing. dress,like pedophilia." ~' Inside the gallery, which con- The Reverend Ronald A.'Tosti, tains ' several sculptures and pastor of the Parish of Christ the paintings, Mr. Pinske said, King Catholic Church, said this "Freedom of speech is the first morning, "I find it abhorrent that amendment, not the second, not such a commentary is made in an t the third. It's the first. It pis the artistic form' that is so offensive freedom to let them be Catholics to all right-thinking people," to ti'or Jews. They're free to believe anyone of common sense and de- for the same reasons I am. When cency." . the day comes when I can't be "It is totally inappropriate," free free to think what I want, neither Mashpee Commons manager will they." Melinda S. Gallant ' said • this The mobile; which hung for morning. "He will be asked to more than a year at his Barnsta- take it out of the gallery this . ble gallery, is not intended to be morning. It is part of the terms of offensive either to Catholics or his lease that he not exhibit any- thing that is in poor taste or that is without redeeming artistic val- ue.,, t - - ., - .i .� `, ' _ �. -... � �t- - �, _ 'ti` �` _ .. _ �.1i . . `� : --.. . 3\ t + � .y. •t .. tj � _ 1,�,• � , BARNgrABLL . sE7P Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1997-112 - Cotuit Woodworkers Special Permit-Section 4-4.5 (1) Change of a Nonconforming Use to Another Nonconforming Use Summary Granted with Conditions Applicant:.......................................Michael J. Mulay&Charles O.Wellington, d/b/a Cotuit Woodworkers Property Address..........................56 High Street, & 40 Nickerson Lane, Cotuit, MA Assessor's Map/Parcel............... 035, Parcels 045&060 Area.. .................... 0.23&0.20 ac.................Building Area: 1,469 sf. & 444 sf. Zoning:...........................................RF Zoning District Groundwater Overlay....................GP-Groundwater Protection Overlay District Background: The locus of this appeal consists of two lots located in the Cotuit village center along High Street just south of the Cotuit Fire Station. The applicant is seeking to establish a woodworking business "Cotuit Woodworkers." According to the application submitted, the applicant is seeking a Special Permit to permit the change of an existing non-conforming use, a wholesale plumbing supply house-"Nickerson Plumbing Supply"to the woodworking shop. The lots are located in the RF Resid,etial�„7gning, .is Single-family residential dwelling is the only principal permitted use in the RF Residential Zoning District. Plans for the proposed project have been submitted to Site Plan Review and were found approvable on August 21, 1997. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 29, 1997. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened October 22, 1997, at which time the Board granted the request with conditions._ Board Members hearing this appeal were Richard Boy, Ron Jansson, Gail Nightingale, Gene Burman and Chairman Emmett Glynn. Michael J. Mulay and Charles 0. Wellington represented themselves before the Board. Hearing Summary: The Petitioner submitted a memorandum in support of this appeal. Mr. Wellington explained that both the applicants and their families live in Cotuit and they would like to stay in that village. Mr. Mulay is a furniture maker and restorer, and Mr. Wellington is a self-employed carpenter specializing in remodeling and restorations. Together they will do business as the Cotuit Woodworkers. The applicants are seeking a Special Permit to allow the change from o_ne�onconforming use Mother nonconforming use for the premises in issue. The use will change fro a plumbing supply business to a m woo wd "oorrkin`g 6u'"sness. - Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1997-112 - Cotuit Woodworkers Special Permit-Section 4-4.5(1)Change Nonconforming Use to Another As background, Mr. Wellington stated that the locus consists of two parcels of land. Parcel 45 is about 1/4 acre with two structures. Parcel 60 is about 2/10 acre with a shed, which was used in conjunction with the business use on Parcel 45. The total gross floor area for all the buildings is 2,513 square feet. The property has been in the Nickerson family since the early 1900s. The commercial use on site has included plumbing & heating, plumbing supply, and a well point manufacturing business. In 1992, the plumbing and heating and manufacturing portions of the business ceases, however, the plumbing supply business continues up to the present time. The Petitioners submitted a petition signed by people who have recently purchased plumbing supplies at the locus. This is utilized to further demonstrate the on-going business status on site. A letter from Carl : Riedell, a local plumber, was also submitted. The Petitioner gave the Board an affidavit from Freeman Nickerson. Regarding the proposed change of use, Mr. Wellington stated the Petitioners intend to operate a custom woodworking shop that will specialize in non-production cabinetry, furniture repair, custom turning, restoration details, wood marine items, model repair and wooden landscaping details. There will be no retail sales occurring on the site. This will be a strictly custom business. The applicants are proposing to restore the main building, the garage and the shed. The main buildin I. be renovated to include an air conditioned shop and offices.ffces. There will be a new Title V septic system insta e T ere wl I be extra tnsu atlon an7dodble wall construction to help reduce no�si a fro . machine a list o machinery to be p ted at the ocation and their potential sound levels is included in e memorandum. The proposed business received Site Plan Review Approval on August 21, 1997 (SPR#057-97). No additional parking will be needed. Traffic in and out of locus will be by employees, an occasional delivery truck and an occasional customer. No machines will be operated outdoors and no machines will be located less than 30 feet to any residence. The proposed hours of operation will be Monday through Saturday from 8:00 AM to 5:00 PM. i3..:_:.r.�...-::.�Grwarx_w+..�a+-.»q. ...n,-n�...r:;pen......,m�+rt+ara.`.y^ei;�'�`a,....:...C-'A"•t'!':�—.-==w+,.. In conclusion, The applicant stated the proposed change in use from a plumbing supply business to a woodworking business will not be more detrimental to the neighborhood as it will not require more parking, will not generate more traffic, will not result in an increase in hours of operation or number of empl fee will not expand the gross floor area of the previous nonconforming use, and will be on the same lot as occupied by the previous use. There will be no,increase of noise, dust, or odor due to the applicants implementation of-procedures to reduce The Board asked about employees. Mr. Wellington stated there may be two apprentices in addition to the Petitioners for a total of not more than four employees. There are currently five parking spaces.on the plan, but,there is room on site for more if needed for employee parking. Delivery trucks can enter through the front and rear with no problems. Regarding the pre-existing nonconforming use, the Board asked for clarification. The Board asked if there. has been on going sales on site. Mr. Wellington said that as far as he can determine, the use is on going. The machinery is still in the building as are many plumbing supplies. (Photographs taken during the last week show the inside of the shop with all the supplies. Chairman Emmett Glynn stated there are many letters in the file. Letters in support include the Cotuit- Santuit Civic Association, Ed Mangiafico, Carl Riedell and two separate petitions (dated 10/17/97 and 10/22/97). Letters in opposition include Thomas Hale, Eleanor Smith, Carol Gardner,-Forrest Daniels, Harvey Goldman, and Paul Grover. 2 I /J Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1997-112 - Cotuit Woodworkers 1 Special Permit-Section 4-4.5(1)Change Nonconforming Use to Another Public Comments: Speaking in opposition were Harold Smith, Forrest Daniels, Sidney Hale and Mrs. Forrest Daniels. Speaking in support was Laurie Hadley. Attorney Jennifer Barth, who represents Freeman Merton Nickerson, Paul Wiggins, Peggy McGarrahan, President of the Cotuit-Santuit Civic Association. Findings of Fact: At the Hearing of October 22, 1997, the Board unanimously found the following findings of fact as related to Appeal No. 1997-112: 1. The applicants are Michael J. Mulay and Charles 0. Wellington, d/b/a Cotuit Woodworkers. 2. The property address 56 High Street and 40 Nickerson Lane, Cotuit, MA as shown on Assessor's Map 035, Parcels 045 &060. 3. The locus is in the RF Residential F Zoningrict. 4. The locus consists of two parcels of improved real estate on High Street in Cotuit, MA. Parcel 45 is .23 acres and Parcel 60 is .20 acres. 5. Parcel 45 contains a structure containing 1469 square feet and a garage containing approximately 600 square feet. 6. Parcel 60 contains a shed of 444 gross square floor,area. 7. From the early 1900s, the locus has been owned by the Nickerson Family, who operated a plumbing and heating business and plumbing supply business there. Although the plumbing and heating business ceased operation in 1992, the plumbing supply business continues to operate at locus. 8. The applicants have documented that the commercial use was, and is on both lots and, the proposal does constitute an expansion of the nonconforming use. This was also confirmed by Building Commissioner Ralph Crossen and by numerous letters and affidavits submitted to the file. 9. The applicants propose to change the use from a plumbing supply business to a custom woodworking shop where no retail sales will occur on the premises. 10. The proposal has received Site Plan Review Approval. 11. There is a letter of approval from the Cotuit-Santuit Civic Association. 12. The proposed use will not require any more parking than the previous use. 13. The proposed use will not generate more traffic than the previous use. 14. Thto osed use will not result;in an increase of on-site or off-site noise, dust or odors._„_ .�-.._ 15. The pro o�sed,use w II no 76SV�inccrease n�tie-hours of opera loin or In t ee number of employees.� _. ,.__. ..,. 16. The proposed use will not expand the gross floor area of the prior nonconforming use. 17. The proposed woodworking business will not be more detrimental to the neighborhood than the prior no71t'ottfidrming GS and the proposal fulfills the spirit and intent of the Zoning Ordinance. 18.-TfFe use itself is pre-existing nonconforming up until this point in time in view of the fact that the property is currently zoned Residential F Zoning. Decision: Based upon the findings a motion was duly made and seconded to grant the Petitioner the relief being sought with the following terms and conditions: 1. The development shall be in accordance with the proposed plans for development approved b site to I review and-fitlez9-"Rlan-foTSlt€Plan Review I afed in arns a e a. o ul p7epared foT ��µ Cnrtes VGe�llington and dated September 9, 1997 by Yankee Survey Consultants. 2. Development in accordance with this plan shall be considered full development of the lot and no additional gross floor area shall be added without permission of the Zoning Board of Appeals. 3. Use of the property is limited to a Woodworking Shop for customized items only. ,No retail sales are permitted. - 4. Signage shall conform to the requirements of zoning as a nonconforming use. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1997-112 - Cotuit Woodworkers Special Permit-Section 4-4.5(1)Change Nonconforming Use to Another 5. The two parcels shall be united as one prior to an occupancy permit being issued. 6. There shall be no outdoor stora a of materials. 7. The dumpster shall be screene . 8. The structure and use Shall gQnfQLMIQ_all requirements of the Cotuit Fire Department and all code requirements of the Heal t and Building Divisions of the Tow 9. he°nurYi6er em to ees sir e Im e to4)four employees as the petitioner has indicated. 10. There all be no refinishing done on the remis as the petitioner has indicated. 11. There sha I b_e no storage of azard'materia�l on th e 12. To the extend reasona�-ly possi e, a petitionee machinery at a dista as far away as possible from the Smith's resi nce••-- 13. T ere`will be no hours of operation on Sunder!, The hours of operation shall be limited to Monday Fn through ay etinreen 8:00 Amato 6:00 PM. On Saturday, the hours shall be limited to 8:00-AM to ,-' 14. The etitioner shall install on the premises such dust abatement equipment as is reasonably necessary, o prec u e us rom- I enng o e o`u1 TNIT�as.' The Vote was as follows: AYE: Richard Boy., Ron Jansson, Gene Burman, Gail Nightingale, and Chairman Emmett Glynn NAY: None Order: Special Permit Number 1997-112 has been granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect., The relief authorized by this. decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20 days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Cl k. wev ' 1997 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this , day of 1997 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 Appeal Number 1997-Davis Huard Members hearing this appeal were I.numtl Glynn,Gcnc Burnam, Richard Boy, Icon Jansson,and Chairman Gail Nightingale. Alternate Board Member William Garrci i, will hear the testimony and be available if needed. The applicant was represented by Attorney Jeffrey Johnson. "file seller/builder Larry Nickulas was also present and assisted in the presentation of'the appeal. Attorney Johnson described the nature of reliefrequested and the proposed new construction. He stated that the home occupation would be limited to 400 sq.11. within the proposed accessory structure. 'file additional space referred to as the"lean to"would be utilized by the ftrture owner as garden and lawn storage space. Mr.Johnson described the furniture making use to be conducted on the premises as if craft and all sales would be by appointment only. The Board questioned the retail sales aspect of*the proposed business. It was noted that the proposed buyer presently operates a furniture making business in Falmouth which does have retail sales by appointment only. Mr. Nickulas stated that this is if one-man operation and the furniture is made on consignment. 'file sale of the product is through contract or at trade shows and the finished products are displayed at other locations. I'hc Board questioned the pulcntia. Ibr noise and dust Fruit U Qpck Mr. Nickulas stated the decibel levels caused by the tools used are at or below the ive-agcFlistening volumes. There was a discussion between the Board and the Attorney regarding this particular home occupation. The Board noted that a home occupation is not to be the primary use ol'the lot but rather accessory or"incidental and subordinate to the principal dwelling." This is to be the full time employment of Mr. Davis and may not lit that criteria. The Board felt this use is if retail operation being conducted in if residential dwelling. The applicant is also requesting a sign to include his name and trade and the words"by appointment only"with the telephone number. The hours of wood working would be between sunup and sundown. All deliveries are made from the site and there would be no pick-up from the shop. Public Comment: Attorney Robert Bianchi,represented several ol'the neighboring abutters He said the use is a manufilCtUrin!,, busing}and co ita detronental effect on the surrounding residence by ad edd noise Alust and GT17TIM°""TV presented the Board with a copy ol'a pctition`5i ncd'hy six aliti[lcis ii�opposit ion+to°thisappeal. Also two letters in opposition were submitted. No one else spoke in favor or in opposition. In rebuttal, Attorney.Johnson commented that closest building to this proposed site is 205 to 225 feet away. FINDINGS: Run Jansson Based upon the testimony given during the public hearing on this appeal, the Hollowing findings of Pact with reference to Appeal Number 1997-32 I. The property in question is located at 957 Route 6A. West Barnstable, MA in an RF Residential F Zones District. The lot is shown as Assessor's Map 156, Parcel 29.001 and.consists of I. 2 acres o an . 2. The Applicant,Christopher L. Davis, has an interest in the property in that he has entered into a Purchase and Sales Agreement with the seller, Nickulas Building Cu. to purchase the property. A copy of which was submitted to the tile. 3. The petitioner is seeking a Special Permil 101-if I Ionic Occupation in accordance with Section 4-1.4(2)of the Town of Barnstable Zoning Ordinance. IF it were not for the desire of the applicant to have a sign and advertise the home occupation, it would he permitted as a matter-of-riclit as an Accessory Use under Section 4-1.4(1)to the principal use ol'thc property as a single Family residential dwelling. 4. The petitioner seeks to construct a 520 sq.ft. accessory building(garage/barn)to operate the furniture making shop from his home and use for storage. Out of the 520 sq.ft.,400 sq.ft.of the accessory structure is to be utilized for furniture making as permitted in the'Town of Barnstable Zoning Ordinance as a Home Occupation. 5. Route 6A is a highly traveled area in the Town of Barnstable. Route 6 A is commercial in nature by virtue of the fact that there are numerous commercial shops and stores along Route 6A in this area. 6. The intent of the'Town Meeting and the Town Council and the citizens of the Town of Barnstable was to allow and promote home occupations to be allowed throughout the Town. This is premised on the fact the industry base of the"town of Barnstable was and still is based upon smaI I,sin�le employers ratherthan the large scale 7. '7 o permit the relief being sought with conditions, for this home occupation, would be no more detrimental to the neighborhood than what could be done by the home owner as a matter-of right under the Zoning Ordinance as an Accessory Use I Ionic Occupation. As it hobby,this could be done without any restrictions and without any relief needed from the Zoning Board of Appcals. Thereforc,to grant the relief would not be more substantially detrimental or objectionable to the neighborhood affected. Second by Gene Burman VOTE: AYI?: Ron Jansson and(iclic. Iiln-Inan NAY: Richard Boy, I'.nnnett Glynn, and Chairman (pail Nightingale MOTION: Ron Jansson Based on the findings of fact in Appeal Number 1997-32, a motion is made to grant the Petitioner the relief being sought liar Special Permit in accordance with Section 4-1.4(2) 1Iome Occupation with the following conditions: I. The proposed accessory structure referenced as the"Proposed Barn" is to be built and located as per plans submitted entitled,"Site Plan Prepared for Nickolas Building Company and dated February 16, 1997." 2. Within the proposed barn, only 400 sq.ft. shall be utilized by the petitioner for furniture making. 3. The proposed structure shall be soundproofed in such a way as to reduce the decibel range to no greater than_60. deciFels emanating front the bitil_d)jig within 20 feet of the building itself£ 4. A rest�ff'—riction of the Town of Barnstable Zoning Ordinance Section 4-1.4(2) Home Occupation shall be adhered to at all times. 5. Only the applicant shall be permitted to manufacture the furniture at t_his.locus. There shall be no other persons___ 6. No on-premise sales ofthe product being produced shall be permitted. Sales of furniture shall be by contract and there shall be no showroom at this locus. 7. Applicant shall abide by all conditions ol'Old King's I lighway I listoric District Commission. 8. The proposed construction shall Comply with ally and all restrictions of the Col &ryation Coinl�i s' 9. Storage of for is tnateri tl shall not exceed the amount designated by the Health Division as normal household use. The applicant shall abide by all I lealth Iivision Regul(lions rcgardin storage, handling and disposal of all to 4tixials. M. 10. All ha us.attdaoaic materials Must be re isteredbwiith the I Icalth Division..— 1 I. All power machinclY shall be opel tied %yilh t1L al)) ovcd noise abatement or the equivalent in the addition to tlic restric✓tionsIcvious ilnRt,�W. 12. M--- ere shall be no outside display of any material being produced_.,. 13. All IIII'nIfUI'C mahing activity of�lii's`sifc sfiall be occurbetween 8:30 AM to 6:30 PM - Monday through Friday only. 14. Any noise,dust and vibration that is generated by this business,shall not be detectable beyond_a fifteen(15 foot radius 15. The only sign permitted shall be a wall sign not to exceed the required two feet in area in view of the fact that no variance has been requested for a sign and no sign variance has been granted. The sign shall not be illuminated. 16. The structure shall be built with drywells. 17. '['his Special Permit is not transferable to another owner of this property nor to another location. Seamdly Gene Burman" VOTE: AYE: Ron Jansson and Gene Burman NAY: Richard Boy, Fi n icit Glynn,and Chairman Gail Nightingale Mr. Boy stated he voted in the negative as he Iclt this use was not secondary or customary as described in the Zlining,Ordinance fora home occupation. Also, he felt to grant relief would be detrimental aril objectionable to the nci gI rhood,.a&-ct_W- Mrs. Nighlingale stated she voted in the negative as she also �. felt it would be detrimental to ihynihho�c borL►nd this use involves the sale of retail and/or wholesale merchandise from the site, which is not permitted. ORDER: Appeal Number 1997-32 has been denied. J ) j 4 J l NAd6 ' RARNErFAHM Town of Barnstable {� Zoning Board of Appeals - Notice of Withdrawal Without Prejudice 1611 Corporation ?� Appeal No. 1997-90 -Special Permit Pursuant to Section 4-4.5(1) atYy Y Summary: Withdrawn Without Prejudice Applicant: 1611 Corporation ' Property Address: 1611 Main St.,West Barnstable, Ma. Assessor's Map/Parcel: Map 197, Parcels 43&45 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property is a two story. 14,428 sq.ft. industrial/commercial historic building of stone and wood construction. The applicant is proposing to rehabilitate and re-use this structure and property for an art gallery, antique shop, office space and residential uses. The applicant was previously before the Board in July for a Special Permit, A real N 1997-M. That appeal was withdrawn without prejudice. In the appeals presented, the applicant has requested both a Use Variance and a S ecial„�e previously requested. • In Appeal No. 1997-90, the applicant has requested a Special Permit Pursuant to Section 4-4.5(1), Change in a Non-conforming Use to Another Non-conforming Use. • In Appeal No. 1997-9:1, the applicant has requested a.Use Variance to Section 3.1.4(1) Principal Permitted Uses, pursuant to Section 5-3.2(5) Use Variances, to permit multiple commercial and residential uses of the property. The property fronts directly onto Route 6A with the bulk of its parking located behind the structure and accessed via Plum Street. The proposal calls for reducing the front parking to 3 spaces and utilizing 29 spaces in the rear for a total of 32 spaces,. The site also contains a 1 story, 640 sq.ft. single family wood structure dwelling. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 28, 1997. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 20, 1997, at which time the applicant requested and the Board granted the withdrawal without prejudice. Board Members hearing this appeal were Richard Boy, Tom DeRiemer, Elizabeth Nilsson, David Rice, and Acting Chairman Gail Nightingale. Attorney John Alger represented the applicant, Bill Durrell, who was present along with Robert Kennedy. The applicant requested and the Board agreed to have Appeal Numbers 1997-90 & 1997-91 heard together. Hearing Summary: The petition for a Use Variance in Appeal Number 1997-91 was granted by the Board; therefore, the relief requested in Appeal Number 1997-90 was no longer needed. The applicant requested Appeal Number 1997-90 be withdrawn without prejudice. Town of Barnstable-Zoning Board of Appeals Notice of Withdrawal Without Prejudice Appeal No. 1997-90- 1611 Corporation Motion: At the request of the.Petitioner, a motion was duly made and seconded to permit Appeal Number 1997-90 to be Withdrawn Without Prejudice. The Vote was as follows: AYE: Richard Boy, Tom DeRiemer, Elizabeth Nilsson, David Rice, and Acting Chairman Gail Nightingale NAY: None Order: Appeal Number 1997-90 has been withdrawn without prejudice. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. Sw13, 1997 G Nightingal , Acting airman Dat Signed I Verna LaFleur, Assistant Town Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1997 under the pains and penalties of perjury. Verna LaFleur, Assistant Town Clerk i pf THE - . : BARN9TABIL • _._.. __ . .639 Town of Barnstable Zoning Board of Appeals Decision and Notice >p� 1611 Corporation Appeal No. 1997-91 -Use Variance to in accordance with Section 5-3.2(5) Summary Granted with Conditions Applicant: 1611 Corporation Property Address: 1611 Main St.,West Barnstable, MA Assessor's Map/Parcel: Map 197, Parcels 43&45 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property is a two story 14,428 sq.ft. industrial/commercial historic building of stone and wood construction. The applicant is proposing to rehabilitate and re-use this structure and property for an art gall�eryzantique shop, office space and residential uses. The applicant was previously before the Board in July for a Special Permit, (Appeal No. 1997-80). That appeal was withdrawn without prejudice. In the appeals presented, the applicant has requested both a Use Variance and a Special Permit as previously requested. In Appeal No. 1997-90, the applicant has requested a Special Permit Pursuant to Section 4-4.5(1), Change in a Non-conforming Use to Another Non-conforming Use. In Appeal No. 1997-91, the applicant has requested a Use Variance to Section 3.1.4(1) Principal Permitted Uses, pursuant to Section 5-3.2(5) Use Variances, to permit multiple commercial and residential uses of the property. The property fronts directly onto Route 6A with the bulk of its parking located behind the structure and accessed via Plum Street. The proposal calls for reducing the front parking to 3 spaces and utilizing 29 spaces in the rear for a total of 32 spaces. The site also contains a 1 story, 640 sq.ft. single family wood structure dwelling. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 28, 1997. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 20, 1997, at which time the Board granted the request with conditions. Board Members hearing this appeal were Richard Boy, Tom DeRiemer, Elizabeth Nilsson, David Rice, and Acting Chairman Gail Nightingale. Attorney John Alger represented the applicant, Bill Durrell, who was present along with Robert Kennedy. The applicant requested and the Board agreed to have Appeal Number 1997-90 and 1997-91 heard together. Hearing Summary: Attorney Alger submitted a memorandum in support of this appeal. Attorney Alger clarified that the petitioner is seeking permission to change the present use to a single family residence, an art gallery and frame shop and another shop for the sale of antiques and furniture. There will be no auctions of any kind. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1997-91 -1611 Corporation Use Variance to in accordance with Section 5-3.2(5) The proposed art gallery is to be a Kennedy Gallery - not a Kennedy Studio. Currently, there is only one other Kennedy Gallery - there are over 50 Kennedy Studios. As to the relief needed, Mr. Alger discussed Section 4-4.5 of the Zoning Ordinance regarding nonconformities. As to Variance conditions, Attorney Alger stated the structure is large and made of cobblestone and it would be unlikely that it could be made into a single family residence. The shape of the building, the topography and the access to the site are unique to this site and not common to any other site in the neighborhood. To grant this relief would be within the spirit and intent of the ordinance, the best use of the building, and would not be detrimental to the area. The Board asked Attorney Alger to review the uses proposed on the site. Mr. Kennedy stated there will be no art lessons from the site, and no selling of art supplies. There will be a residence, an art gallery and an antique shop. There will be no additions to the structure. The structure may have up to five bedrooms (for their personal use) and be for one single family use only. The drinking water was discussed. Attorney Alger and Mr. Durrell explained the history of the water testing at the site. The site was taken off the 21 E list on October 5, 1992 and a test conducted at the site on August 14, 1997 states that the"water is suitable for drinking...". Attorney Alger stated the new owner will have the water tested on a yearly basis. Public Comment: Speaking were Ken and Eleanor Ludwig, direct abutters, who are in favor of the art gallery and studio. Also speaking in favor was Elizabeth Miller who felt the gallery would be in tune with the area. Helen Wirtanen read her letter of concerns into the record and submitted it to the file. Steve Seymour, an abutter, was encouraged and asked about the dumpster, the traffic flow along Plum Street, and parking spaces. Next to speak was Mark Wirtanen who also was concerned with traffic along Plum Street. Judy Desroches and Jim Burke both spoke in favor. The Acting Chairman cited the letters submitted into the files in support from Esther Kurra, Edward McCoughlin, and Edward &Tracie Crowley. Also cited were two petitions of support with approximately 143 names. Attorney Alger agreed this home will be limited to a single family residence and will comply with all Board of Health Regulations. Findings of Fact: At the Hearing of August 20 1997, the Board unanimously found the following findings of fact as related to Appeal No. 1997-91: 1. The applicant has requested a Use Variance pursuant to Section 5-3.2(5) of the Town of Barnstable Zoning Ordinance. 2. The applicant is The 1611 Corporation with property located at 1611 Main Street, West Barnstable, MA in an RF Residential F Zoning District, and an AP Aquifer Protection District. The property is shown on Assessor's.Map 197, Parcels 43 and 45. 3. The property is a two story 14,428 sq.ft. industrial/commercial historic building of stone and wood construction. The applicant is proposing to rehabilitate and re-use this structure and property for an art gallery, antique shop, and residential uses. 4. The property fronts directly onto Route 6A with the bulk of its parking located behind the structure and accessed via Plum Street. The proposal calls for reducing the front parking to 3 spaces and utilizing approximately 29 spaces in the rear for a total of approximately 32 spaces. The site also contains a one story, 640 sq.ft. single family wood structure dwelling. Although the needed requirement for parking was 43 parking spaces, based on the testimony presented tonight, up to 32 spaces would be more than adequate for the site. 5. The Zoning Board of Appeals is reluctant to grant Use Variances in the Town of Barnstable as that would exemplify spot zoning which is not the intention of the Board. However, this building and site 2 Town of Barnstable Zoning Board of Appeals-Decision and Notice Appeal No. 1997-91 -1611 Corporation Use Variance to in accordance with Section 5-3.2(5) would warrant the granting of the Use Variance as the Petitioner has substantiated those conditions unique to this lot that justify the granting of the relief being sought-a Use Variance. 6. Unique conditions exist that affect the locus but not the zoning district in which it is located. The nature of the structure located on site-a large stone and wood commercial building that predates zoning -justifies the grant of relief due to its limited potential reuse as a single-family dwelling. 7. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. This building has been maintained and is presently. underutilized. .8. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance, under Section 5-3.2(5)of the Zoning Ordinance. 9. The project has received Site Plan Review Approval. 10. The project has been approved by Old Kings Highway Historic District. Decision: Based upon the findings a motion was duly made and seconded to grant the Petitioner the relief being sought with the following terms and conditions: 1. Development of the site shall conform to the plan presented, titled " Proposed Site Plan for Existing Building at 1611 Route 6A in the Town of(West) Barnstable MA" drawn by DownCape Engineering, Inc., last revised date of June 03, 1997, and in accordance with elevation plan titled "Proposed changes to 1611 Main Street, West Barnstable" drawn by Devlin Custom Designs dated 6/30/97. In addition, if the Board of Health allows, there may be up to five bedrooms. 2. A change in the use of the site from industrial printing and residential to retail and residential with the following restrictions: Residential use shall be limited to the following: • The existing residence shall be permitted for one family only and shall not be permitted to expand either in footprint or in total square footage. etail uses shall be limited to the f win • Art c�aa ery and frame$how • Sales of furniture or antiques, but not to include any on-site manufacturin assembly, finishing, but there may be the repair of urnlfure or an IqueS:'�` • sta a iquidation sales shall not be permitted. 3. No hazardous materials or chemicals shall be stored in quantities greater than allowed by the Health Division. 4. All signs must comply with the Town of Barnstable Zoning Ordinance for signs for a nonconforming use in a Residential Zoning District. No signs shall be internal) illuminated. lluminated. 5. Parking for the art gallery and framing shop,an�anRlqu"�e sFiopm`ay"be reduced from 43 to 32 spaces. 6. No more than three cars shall park in the area accessed directly off Route 6A. This parking shall consist of Handicapped spaces only. This area shall be enclosed with planted islands as shown on the plan. The location of these islands and reduction of the curb cut must be approved by the Mass. Highway Department prior to the applicant obtaining a building permit. 7. A.sign shall be placed on the exit from the rear parking area that shall read"Exit-To Route 6A"with an arrow pointing to that direction. 8. All signs and any alterations to the building must be approved by the Old King's Highway Regional Historic District Commission. 9. All requirements of the Health Division, Building Division, Conservation Division and Fire District must be met. 10. All draina e_must be contained on the lot. Drainage must be reviewed and found acceptable to the ngineering Department. _ 11. No lighting fixtures may exceed 6' in height and all illumination contained on site. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1997-91 -1611 Corporation Use Variance to in accordance with Section 5-3.2(5) 12. The facade of the building is not to be flood-lit and no external display of any type shall be permitted- unless approved by The Old Kings Highway Regional Historic District Commission of the Town Of Barnstable. 13. The applicant shall have all drinking water tested once a year and if that water is found to not meet drinking standards set by the Health Division, potable water shall be supplied by bottled water only for all employees, customers and residents. All tap water that is found not be to potable by the health agent of the Town s-lall be labeled as such at its taps. 14. The dumpsters shal. be screened. .15. It is suggested that no parking be allowed along Plum Street. The Vote was as follows: AYE: Richard Boy, Tom DeRiemer, Elizabeth Nilsson, David Rice, and Acting Chairman Gail . Nightingale NAY: None Order: Use Variance Number 1997-91 has been granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision in the office of the Town Clerk. 1 1 ; 1997 Gall Ightingale4cting,Ch4rmanDatSi gned I Verna LaFleur, Assistant Town Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1997 under the pains and penalties of perjury. Verna LaFleur, Assistant Town Clerk i 4 eZ -llawezzzz,� 9,` 4e� % - � + 'ice .. .. _ t +. _� .. .. _ .�. .. .. ..., "fir. '��. 27 C14—9/ ell i -,I- :t e c : �_ �� ���� y _ � ,. 'a _ � � �� � �. � �I`}�� ` , '`. t ' v - � � ' _ ,* _ _ ._ '' ,. t .. �� � � - ,�� y��. Barnstable Police Department 1200 Phinney's Lane Hyannis, MA 02601 (508) 775-0387 "_ --- °Ns10 Barnstable Police Facility Inc Type : NOISE Incident #: 97032135 Location : PINSKE ART CENTER / 1989 RTE 6A MAIN Date : 10/30/97 Village : WBAR Sector: 5 Time : 2300 Reported By: PAXTON Taken by : MJC Address : 1996 RTE 6A Phone : 362-4913 Unit(s ) Responding: 12 ( THOMPSON, S ) Notes : CHAIN SAW MAKING NOISE/ WILL CLOSE DOOR 5�,,n �(n,•-•_-ems � - n� tsa p a TOWN OF SABNSTA 3LZ . 8EP08T SUPPLZMEN'rAILY/CO BTION 8M08T , 2�N , NAME (LAST, n=T, MIDDLE) DIVIszoN ��� . V� I 1 1 1 ,(1 L No= DETAILS i OssERVATIONS-ITEMIZE EVIDENCE. SERIAL IS ETC. 'L 22 ------------- Rita&Donald Paxton 1996 Rt .6A West Barnstable, MA 02668 Mr. Ralph Crossen Bldg. Commissioner, Town of Barnstable 367 Main Street Hyannis, MA 02601 September 20, 1997 Dear Mr. Crossen: This letter is to follow up on our meeting with you on September 8, 1997, where we discussed our problem with the Pinske Art Gallery, located at 1989 Rt. 6A. In addition to our meeting we have had to make numerous calls to the town over the years. As you know we live directly across the street from Mr. Pinske's building and most of his work is produced right on Rt. 6A. Due to the level of noise created by his business we cannot hear when someone is speaking in a normal tone or hear our radio inside our home. The noise is extremely objectionable. Mr. Pinske has several employees working for him. At his location there are chainsaws, compressors and sanding equipment, all these can be running at the same time. This can be seven days a week and into the evening hours. This is a residential district. Mr. Pinske has not complied with the special permit granted him by the ZBA Petition 1992-11. The findings were, "the proposed use would be no more detrimental to the neighborhood." The decision was from"non-conforming warehouse" to "Retail Art Center", this business has become a manufactoring facility and is not in keeping with the original proposal or decision of the ZBA. This operation has affected our home life and the value of our property. It certainly constitutes "breach of the peace." Either Mr. Pinske or the Town of Barnstable is wrong here. Thank you for your time and consideration regarding this problem. We do feel the Town of Barnstable should correct this problem and many more relating to this business. Sincerely, Rita&Donald axton cc: Audrey Loughnan, councilor Gail Nightingale, ZBA l � ��� ��� I � � ti �� � � � ar� �_ � ��� �m�� ;.y s��d r<a-L-G ��d ��C z� � � . /Y��i���� jp -6 QFG,� �p �j/ p, .,vZ:l..C� /�w oats y«_- The Town of Barnstable • snxxsrnat.E, • 9� ' 10�' Department of Health Safety and Environmental Services 659. i Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-90-6230 Building Commissioner DATE: March 17, 1997 TO: Robert Smith,Town Attorney FROM: Ralph M.Crossen,Building Commissioner RE: Request for opinion 1989 Route 6-A,West Barnstable Map/par-gel 216/03 8 Section 1-2 of the Town Zoning Ordinances;our zoning purpose statement,says that the purpose is to promote health,safety,convenience,morals and general welfare. . . . Section 4-3.20(2)Relocating Or Changing Signs;says a change of wording requires a new permit. Section 4-3.2(44)defines a sign as anything in a window used to attract the attention of the public with letters and words. Section 4-3.30 states that it is my responsibility for enforcement. I would like an official opinion from your office as to whether Mr.Pinske's new addition to his window constitutes a violation of tine above ordinances. I would appreciate this in writing. cc: Thomas Geiler,Director of Health, Safety&Environmental Services Q970317A �` §•£",•..- J I !E) �t ��`'t SEE � EVES £ k � 690. ak 2 10 97 216 038 � £ ,�� �` { E:, < � � i y �.t _�, •\_, ,, � Jam^ EEC ��`� R£ y££t �£I, R)uE• Pmske ` 1989 'Route 6-A WEST B E } { a t� Mr. Al Chang . . [(E 508 727-2110 ^ a Ells Painting of a naked woman in the window of his I shop. Offensive,very descriptive-he has to take his child to school and pass the place every day. .. v >.. AEI t� p y 4 L A 4s9•�� u R n ftm RA E t A114�' �ClflmlfPV���+�Y.�,. Pllf•JI]CPd .... T .. � . � _ ..._•.oil. .+F trials ale 7. Si sal"_ _: . . •, .• _ gara�t^ssi ?adssss�s�: i�ases3 .. � :. to -lion signs,has as :atirmoa3 we€fecl ;oa .::tiaacter sf. amr rii es.. i�s- Desirable _. . _ ndesarabie gas can - _ { ^y attract business by=good design 't%ZVCsneplimeni the beauty of their surroundings, or they can destroy it by being.blataat...laud,.:and irritating. _'- g as - Backgrounds-of wood (redwood, cedar, itc.); :Bright chrome or stainless steel business economyis built. and . e'.;ns ''- r:TlaAing.nr.:axterior-grade .p# eood_ or.,lester., n�._ _ 4ae ,natural beauty of':ibe villages. Preserving this ean.ironment is fife essence of good business. The. - ''Aettess cut our., or.;paanted_on,-,ar :incised '.Shiny .metal or plastic back- ds.• following guidelines'=are'ao. establish:-a-.- frame ir'for good design tfiat will with .contrasting•...color....`.Quarter. hoard Yrnuads. Unpainird "or' ghti' help protect our businesses and encourage their successful growth and develop carved• bri painted me.nt. Separate, raised letters -of wood -or black steel: supports, pipes, brackets, ---iron.can also be effeczi-ve applied- to etc. a. Size '.bui Ld i n¢ walls. Asatenr:`fund rleZ=rran8 vchorage of signs should be as s_i1"4C - -: Desirable Vndesirabie = crrml+atibie and isconspicuous_,3s--.pos'sible with necessary strem!th. - Sr tie hieiiMd'o :pot exceed the size a -,.other ;.8i -- Strutt.urnl -support. far free.standing -signs g $ter is not betterand:si:gns 5re preferably- of wood tiaber.c. signs in .the neighborhood and which:-+�iil-no2 whose size- will .stimuia-te-�- ' Rig-ad-steel, framework, :-ri bers.. shauid:,be stimuiaia. a grov.ih in;siga:.size within the ;pet ing,,business.::to.-:enlarge :their - t+ainteV .lark :i+rowm,:`matte :Tiais3 .,. neaghbnrhnad,,a�sll generaiir_:be approved.. - sign. ta:-watch roc-,exceed -tbe-,one - �- -Local..sisA icodes and",the Zoning By-Laws seeking approval •wi11 generally %a u l-stone planters. can he used•to-pro- t ra esisislish:.maumum size l mitat.ions.. Fre- :;not be approved:';: Signs in =e.r- ;,.vJde greater protection for the sian_and 1 _ giae opportunity. for landscaping. .- Aquent y thew—maximum size,A-ima.tations ..are cess:.:of...twelve_:(_12.)-_square'=:>feet excessive. .for specific-.neighborhoods -and in area- f. :Colors F�shauld not :relied upon for::determinativn - _ - .rfor�appraipriat:mess. Temporary real estate signs shanid-.;-tsar exceed Lhrte.--,(3)-.;.square - Des i.rable .lindesi-rable flay% of a wide range-'of warm talons, :from :r &loss 1�3aciror stark--white, ver- Number..of Signs - mite black to ivory. million hot oran e, lemon or g �_,°�For'°s tgn� mounted-.on the .building :.the• back ._::�alime• Teilowa�ssid ..green. Desirable. VadEsizable j;•round color •bouhd be_siailar .i0- .ibe:.wall aqua-blues.. _viales,..lavender,, flae a�eli :designed,.sige_;per_premises combin- `Disjointed multiple::.signs g. placement .A=g-1.and:seduciag the number--of—signs on a ,;sing multiple messages and each .promise will redace'r�usfwn:-j and insure promoting a _single.,product, sar- - : Desirable _- -_ s;�odes irah,le that the broadest-.-attilmilln 3s"giVCR:.xo.: the.. ''-ais^r�:ar bminess_create can- _ 4 ,:: :�atained bessin. ... :;fusion_ _ _ tWsens Tsed`cn fihuil>ni.ngs_:or roefs pr_efrr-- - :Signs on tigh .polrs_. Off-premises c. able�a+ithia .the' silhouette of the,building_ _ signs. Signs projecting above Just above the_.rave line, suspended below -_ ._ 'rzDf .ridge.-lines. or excessive �,.,;'9esir161e -�.v _ ,, flndesirable the save line, against a parapet eei.l;... x, - - rizaazai"'psajetZions- immediately over.:the-,entrance:-or display A si ple--sAgn ideas" --tbz �tgpe--of .bmsi•- :Muff e.,e.igas,..proaotiug .and_ad- _ window .ar= the best. =mess-vr.-zervices available :on the Tr imise. s,- vertising specific pTudocts, `' F e- br low rr standing signs should, ke{�t-as --aad -txpressi-nr.tim..-character.-4Wd'',qual ity - prices or name.-brands .which.tend '.as_:possibie-without -b.lock-ingr.vtsib,i tity :at Of the products and services.°available are to com!ete with one another for intersecz dns Two'-ar three feet:.above =to be,-encouraged. tfie.:attention of the observer- :gr-n�nd.:aevei.:gist preferable; <except::.at-An- should be avoided. tersections where four to five feet is sufficient. Six. feet high to--the cross d. Design character arm is the:-maximum height. Desirable Undesirable h. Illumination Signs that blend well with the Cape Cod Overly -ornate design :.Desirable Mades..1rable Colonial type of architecture. Grotesque block forms- and colors_ Glittering urban "chrome- If Lighting is nec lights Flashing or moving forms of essary,..smail spot li Colonial-style, script or the simpler plastic-neon" designs. -from adjacent roofs or .in planting area, or illumination, internal illumina- classical letters. Commercial window or exterior from-..a continuous light strip with haffle tion,..except where demande.d..by signs (gas, beer,.: soda, daily at sigwzop- established..insignia of a nation specials, e=-) wide company and then only with ' .. -minimum intensity. 5 . approval or denial of the application with such condition as said 'District rF Court in its discretion deems appropriate, and shall have all of' the powers to Sx act in the matter that are available to a court of general equity jurisdiction. r The findings of fact by said District Court shall be final and conclusive Upon the parties. 1. The remedies provided by this section shall be exclusive, but the parties shall have a right of appeal• to. the Appellate Division of the District Courts on issues of law. Cost shall not he allowed against the Commission or the Committee unless i it shall appear to said District Court that they either acted in bad faith or with malice in the matter from which the appeal was taken. Costs shall not he allowed against the party appealing from such determina- tion or approval of the Commission unless it shall appear to the court .that said party acted in bad faith or with malice in making the appeal to the court. SECTION 12 - Enforcement .-Any person who violates--any provision-of-this-Act -shall_.be guilty'of-a misdemeanor-and-upon conviction ther-eof shall be-fined-no-t-.less-.than One Hun- dred Dollars' ($100.00) -no more than Five Hundred Dollams ($S00:00). Each day of violation 'of -this-Aef-shal-l-constitute a separate violation. — The' g:buildin nspector in the affected town shall-nave-the-power,_ and duty to enforce the provisions of this Act. The Distr.i,ct­Court having. jurisdiction over the effected town shall have Jurisdiction,to enforce the provisions of this Act an.d ,the determination, rulings and regulations issued thereunder,-and-may restrain by-injunction vio- lations thereof and issue such other orders for relief o-f violations as. may be required. SECTION 13 - Severabilitv of Provisions The nrovisions of this Act shall be deemed to be severable, and in case any part of this Act shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the validity cf any other part. SF,C•riON 14 - Apportionment of Expenses The Commission may determine the expenses of the District and apportion the same equally among the member towns comprising such District, and shall promptly thereafter notify the ticasurers of such towns of such apportionment. Every town treasurer so notified shall annually certify the amount of such apportionment to the Board of Assessors of his miinicipality, who shall include si.lch amount in the tax levy of the following year. Upon order of the Commission the town treasurer of each of the towns of the District .shall from time to time 1 pay to the district treasurer a sum or sums not exceeding, in the aggregate, the amount certified by the Commission as its respective share of the'costs and expenses of the District. SECTION 15 - Prior Historic Districts i Upon the establishment of the District, any historic district theretofore established in any member town within the District shall cease to exist. 23 VIOLATIONS (iii) The names and addresses of the violators. This should in- clude the owner, builder, machinery operators and other persons participating SECTION 1 General in the work. While violations of the Historic District Act are usually minor in (iv) Name and address of the person reporting the violation. . nature and few in number, the law provides the fullest opportunity for com- plete judicial redress against any violator. Violations should be prosecuted (v) List of Possible witnesses and names and addresses of any in the local District Court and may he brought either by a civil action or persons observing the violation. criminal complaint. Often times the violation of the Historic District law will also include violations of other statutes and By-Laws which may provide for B. Photographs - Pictures of the work in progress with sufficient more severe penalties. detail so as to identifv the extent of the' violation and the individual person _ doing the work. The date, time and location of the photograph should be written SECTION ll - Enforcement on the back of each picture along with the name and address of the photographers. Ctlie:local building inspectors-are the watch-dogs of the District and SECTION IV - Court jurisdiction and penalties. will not issue building permits without`a-demonstration of- compliance with the Act. The law states that "no permit shall he issued by the local building in- The local District Court has jurisdiction over appeals, civil actions spector for any building or structure to he erected" removed or demolished and criminal complaints. Matters involving the Towns of Sandwich, Barnstable "within the District unless the application for said permit shall be accompa- and Yarmouth should be brought to the Barnstable District Court located off nied. . .by a Certificate of Appropriateness" Certificate for removal or demoli Route 6A in Barnstable Village. ' Matters involving Dennis, Orleans and Brewster tion, or certificate of exemption. (See Section 6 of the Act) . The law goes j should be brought to the Orleans District Court -located just off Route 6 at the on to state that the building inspector of the affected town shall have the Orleans/Fastham rotary circle. "power and duty" to enforce the provisions of.this law. For these reasons , all violations should be promptly reported to the local building inspector's Violators of the Historic District Act are guilty of a misdemeanor office for proper enforcement action. and may be fined anywhere from a minimum of $100 to a maximum of $500 with each day constituting a separate violation. While the local building inspectors are specifically charged with the responsibility for enforcing the Act, any person who obser.ves„a,_violation_may The penalty of contempt would also be avadlable• for any violation of seek a criminal complaint against the violator(s). -Any ,person who violates any a judicial order issued by the local District Court. provision of the Historic District Act- is-guilty of a mis emeanor and in 1974 the Massachusetts Supreme'Judicial--Court ruled that even though the Legislature may have .imPosed- the duty -to prosecute violations on a particular public official—in that. case a health agent--anyone who is competent to give oath may seek a criminal complaint in the. local District Court (See: Commo weait:i v. Haddad (1974) 364 Mass. 795; 308 NE 2d 899).._ _Therefore, if a citiz n feels strongYy about a violation, he may seek direct action against the violator(s) - by going to the Magistrate's office of the local District Court. The Commission=r-ecommends that all violations be-brought to the- local. building inspectorwsoffice=for. enforcement..•... If_:criminal action is to be_— _ initiated;_the,:,complainant should obtain competent legal -advice.and discuss the matter with members of' the local District Attorneys' office. SECTION III - proof of Violations • Any person suspecting a violation of the Historic District Act should ; take steps to properly document the violation and be prepared to testify as a 1 Witness. The following information and material will be helpful in supporting any enforcement action: A. Statement of facts - A brief written statement outlining, the alleged violation should be submitted to the local building inspector's office and a copy retained by the complainant. The statement should include the + following information: (i) ,Location of the violation including street address and assessors' map number-." -- (ii) Type of violation-set forth the specific section of the Act that is being violated and indicate whether the violation involves construction or demolition. I Q oFrne rqy� Ar .�� The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Gloria Urenas,Zoning Enforcement Officer Under direct supervision of Ralph M.Crossen,Building Commissioner Property Owner: Glen Pauls 4815 Casamita Road Excelsior,MN 55331 Tenant: Barre Pinske 1989 Route 6-A West Barnstable,MA Telephone: 508-362-5311 Q960712A .. OF tME TQ� anxrrsrnai.E BLE. 'The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner 1. Regulations from.Old King's Highway Historic District Commission(OKH)(also manual) 2. 6/2/95 Sign Permit application,approval and Certificate of Appropriateness(drawings and picture) 3. 12/4/95 Memorandum from Town Manager's office, • ( ��) ®.IBC f� 4. 12/14/95 Memorandum p `- 5. Memorandum from OKH 6. Letter from Zoning Enforcement Officer 7. Letter from Building Commissioner 8. Close-up photograph 9. Tax records 10. Citations Q960712A CHRONOLOGY OF EVENTS REGARDING PINSKE ART GALLERY 5/1/95 Mr.Pinske received approval from Old King's Highway Historic District Commission (OKH). He was issued a Certificate of Appropriateness. 6/2/95 Mr.Pinske received a sign permit for same, i.e. sign on sculpture"Giant Mail Box"for 6 square feet. 12/4/95 Received complaint from Town Manager's office regarding 4'high sign. 12/6/95 Letter sent to Chairman,OKH from Gloria Urenas regarding complaint from Town Manager's office. 12/14/95 Mr.Dave Babbitt(member of OKH)sent memorandum that he had met with Mr.Pinske who said he would remove illegal sign before he left for the winter. 1/5/96 Mr.Paul Shoemaker,OKH member,sent formal notice to the Building Department(via memorandum)to enforce the OKH regulations. 1/8/96 Close-up photograph 1/9/96 Certified letter sent to Mr.Glenn D.Pauls,owner of building,regarding signage. A return receipt for the letter was received. 1/3/96— $50 Citation Issued 1/17/96— $50 Citation Issued 1/31/96 $100 Citation Issued 2/7/96 $100 Citation Issued 2/20/96 ' $100 Citation Issued 2/29/96 $100 Citation Issued 3/7/96 $100 Citation Issued 3/13/96 — $100 Citation Issued 4/4/96— $100 Citation Issued 4/12/96 — $100 Citation Issued 4/19/96 — $100 Citation Issued $1000 Total All Citations Q960718A P� I [R'2,16 i TAX ACCOUNTING C I 2-:3 8 4—E 1 3:3—_-:4 0 3 RECEIP-l- NO. PAYMENT 'TAX YEAR/B. G. DATE TYPE P I IF, is AM: 741 "0 1 4',--lS 1 [ 1 ] 1 c I I IST DUE 6.C 1. 1 6 o 1 j "0 lot.1961 [F] I I F:'ULL DUE OWNI...R TAX DUE 1. 1.---1"�7. 48 -1 OUTSTANDING 1 , 5-157. 48 A X CODE 500 1 CITY 051 DisTRICTS WB F'Al-JLS GLENN D TRU�fEE I TGAGE CODE "10041 'JANUARY 1 0 W 1\1 1'....'R ACTION I MOR F"AULS, GLENN D, TRUSTEE I ----CERTIFIED C U R FZ N 1- OWNE'.FZ---------- T A X E--X E Ivi PT 00 POULS GLENN D, TRUSTEE I TA X A B I—E of-) I -xj:q BARE' :1 R E S I D E 1\1*T`L... ----`7, 00C I 'TAXABLE 2`7, 000. 1 PI N S t,E ART CENTER I j 8 Q R TE 6A I OPEN SPACE:..CE . i ac:a 1 VJ E Sl- BAF:NSDTABLE MA 02-'6 68'] 'TAXABLE e o(-) I L.',E"c:)*CRIF..-['ION----------- COMMERCIAL I o'..), 6.00. oo I #LAND 1 17, 0003 'TAXABLE :1.09, 600. 00 1 :-_',r. * I I NDUSTR I AL. - fl--LANI) 3 0 c)c) . 00 J, :liLBLDG(S) —CARD-1 '74, 600 I TAXABLE . 00 1 :1:1B1 I'IG ---CARI* 1. 1(), (..)0()-1 V .LEGAL DESC CONT'D A E-LISl ACT ON 1.9 9 A MT TTSUM74ARY-1 TOWN OF BARNSTABLE - TAX TITLE INFORMATION SYSTEM PAGE 1 O1/04/96 12:30 ACCOUNT STATEMENT - SUMMARY ACCT FULL NAME FROM TAKING LOCATIONS/COMMENTS NO PARCEL ID ------------------------------ ------------------------------ ------ --------------- DEMAND DATE: 07/10/92 SENTRY FEDERAL SAVINGS BANK 1989 ROUTE 6A 5073 216 038 1989 ROUTE 6A AD DATE: 11/24/93 NEWSPAPER: CAPE COD TIMES POSTING DATE: 11/24/93 PROPERTY DESCRIPTION/COPY OF AD LOCATIONS: BARNS.TOWN HALL LAND IN BARNSTABLE AT 1989 ROUTE 6A SHOWN AS LOT 038 ON STATUS: HYANNIS P. 0. ASSESSORS' MAP 216 RECORDED IN BOOK 7268 PAGE 261 TAKING DATE: 12/08/93 INTR DATE: 01/04/96 RECORDED: 8934/95 REGISTERED: FUND FUND FUND TX FUND FUND INTR PAYMENTS/ INTREST INTEREST INT. INT. CURRENT DAILY YR CODE DESCRIP. DATE INIT. AMOUNT ADJUSTS PAID TO-DATE DUE RATE DAYS BALANCE COMMENTS INTEREST -- ---- ---------- -------- ------------ ------------ ------------ ----------- ---- ---- -------------- --------------- -------- 92 1049.33 0.00 0.00 348.20 1,397.53 0.4600 93 1291.31 0.00 0.00 397.93 1,689.24 0.5660 94 2537.42 0.00 0.00 563.93 3,101.35 1.1124 95 2036.77 0.00 0.00 63.40 2,100.17 0.8928 96 13.32 0.00 0.00 0.00 13.32 0.0000 ----------- ------------ ------------ ----------- -------------- -------- 6928.15 0.00 0.00 1373.46 8,301.61 * 3.0312 ------------ ------------ ------------ ----------- -------------- -------- ------------ ------------ ------------ ----------- -------------- -------- ------------ ------------ ------------ ----------- -------------- -------- 6928.15 0.00 0.00 1373.46 8,301.61 3.0312 ------------ ------------ ------------ ----------- -------------- -------- ^I (A U� July 18,1996 Thank you for allowing me to express my feelings regarding the Pinske Art Center and particularly the "HHAA" sign. " My husband and I were originally very much behind Mr. Pinske based on his proposals to neighbors, town and the Historic Committee concerning the building and his business. None of these have been carried out. However, his actions during the past years have embarassed us and the residents who take pride in the historic nature of the "Old King's Highway". This sign is the culmination of the carnival atmosphere Mr. Pinske tries to project. There have been 6 foot ducks with flapping wings, "Stop" Street signs, signs saying "Jesus is Gay", "Don't Buy Property on RT 6A", Flashing Highway Arrows, and now an 8 foot long red "HHAA" sign hanging and extended from the building. Mr. Pinske uses the guise of art as his excuse when it is actually his need of attention. This sign and the other signs are certainly not in keeping with the reguations of the Historic District or the town of Barnstable. Mr. Pinske was well aware of the regulations before he purchased the property. It seems his acts are well known from his previous business in Sandwich. He has shown total disregard for the area and his neighbors. He has caused us embarrassment with our friends and visitors, resulting in us not enjoying our property. We are tax paying residents, Mr. Pinske is not. He has not paid his real estate taxes since 1992. This also shows his disregard for the needs of the community. It is with sadness that I am here today. We were told and shown in front of regulatory boards, wonderful things. I am sorry to say they were all lies. Mr. Pinske seems to enjoy and thrive on controversy, disregarding laws and regulations. Rita&Donald Paxton 1996 Rt. 6A West Barnstable, MA 02668 x .., , �i£ ,w `il yt,.r20,0,-. Artistspiece -:creates bInk, I attle with arnstable Yf, BY JOHN LEANING The town issued.noncriminal ci STAFF WRITER tations, and Pinske went before a BARNSTABLE—aaaaa clerk-magistrate he AAAAA to contest t _ =n AHHH! citations. • .. �y .,}ri The court official found there Is it a sign for an art gallery, or was probable cause for the town to an artistic statement protected un issue the.citation..Pinske will ap der the First Amendment? "peal that`decision to.a judge. A Artist Barre Pinske says he court date has been set for Aug. 13. created the 8-foot red letters pro-_ Pinske insists the work is a piece' Y� truding from the second floor-of ,of art intended to,bring people up s his art gallery because he wants to short and face the continuing crisis increase public awareness about of domestic violence. the problem of domestic violence. ' '"It's a silent scream,a metaphor It appears the-question may be - of people not listening to the headed for resolution in court, screams of domestic violence,"the ' since Pinske and the town do not artist said Monday as he contem- agree. But Barnstable town coup ,plated his creation from ground ,.-set Robert Smith said his office will . level . i' " review the case Pinske got-his inspiration for the Town officials,contacted by con work following a domestic vio- cerned neighbors and the'Old lence meeting held at the Barnsta Kings Highway Historic District -ble Police Station last year. Committee, concluded earlier.this "He had the idea,and wanted to year the large, red letters outside make a statement. I know he '- Pinske's.art gallery on Route 6A, marches to the beat of a different sr�arPnocoby sNERWOODLANDER8 rkf ; , g� ryn just east of the intersection with drum, but I thought it was a gen SArtist Barre Pinske outside his Barnstable Ile with the controver r 'Route. 132, constitute a sign and ."uine effort to express his feelings" alai lettering overhead. " ' °' f *, �Mi therefore must have the required said Barnstable Police Lt. Martin It sounds like they are trying to ;.Wrath domesric.violence It'down t permits. ;; `< Home, head of the department's i._ silence you.it's"really .11importantto ,matterwhat the structure is saying "The bottom line comes down to busy domestic violence unit. . bring awareness to the issue;'.'sarde case is whether'or not it is a is it a sign or an.art work. If it's a ' Pinske has declared he will re- Samara Ashton-Reed of South Or- . • sign,it needs to be permitted.If it's move the sign in one year, or the leans, who happened to drive by sign. If it;is, then he has to'get it. a work of art,it is on display,"said day after Barnstable goes a full 24- and pull.into the gallery parking Permitted,,just like anyone else do-, , Jack Gillis,supervisor of consumer hours without a domestic violence lot. ing business inthis town," Gillis, affair for the town of Barnstable. _ call to police. "It doesn't have anything to do said. QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 07/10/96 PARCEL ID 216 038 GEO ID 13334 LOT/BLOCK DBA PROPERTY ADDRESS OWNER PAULS 1989 ROUTE 6-A (W.BARN) GLE_NN D TRUSTEE 0 PINSKE� BARRE W. Barnstable 1989 RTE 6A WEST BARNSTABLE � MA 02668 PHONE DISTRICT WB --� DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY(NOTES) ZONING DIST/ZOC RF SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? Y $# BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 54885 . 6 OPER/MGR NAME WET LANDS MULT ADDRESS USE 031 (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E)XIT QUERY PERMITS : QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 07/10/96 PERMIT NUMBER 6647 PARCEL ID 216 038 1989 ROUTE 6-A (W.BARN) PERMIT TYPE BADDD BUILDING PERMIT ADD DECK DESCRIPTION ADD DECK AND REMODEL CONTRACTOR PERMIT FEE 0 . 00 VARIANCE STATUS C COMPLETED CONSTRUCTION TYPE 434 GROUP TYPE 1 APPLICATION 05/14/1992 EXPIRATION VALUATION 4200 . 00 DATE ISSUED 05/14/1992 COMPLETED 05/30/1992 DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N) EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I) NSPECTIONS/ (H) ISTORY/ (F) EES/ (A) RCHITECTS/ (V) IOLATION/ (E) XIT R216 038. P E R M I T PMT ACTION R CARD 000 KEY 13334 00000000 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT RCV F Window APR/1 at BARNSTABLE (CY) 1 f R216038. APPRAISAL DATA KEY 133340 PAULS,GLENN D,TRUSTEE LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 52,000 84,600 2 A-COST 136,600 B-MKT BY 00/ BY /00 C-INCOME 146,500 PCA=0311 PCS=00 SIZE= 6640 A JUST-VAL 136,600 LEV=500 CONST-C 0 ----COMPARISON TO CONTROL AREA 88AB----MAY NOT BE COMPARABLE-- NEIGHBORHOOD 88AB WEST BARNSTABLE PARCEL CONTROL AREA TREND STANDARD 30 10 LAND-TYPE 52000 LAND-MEAN +0% 136600 97303 IMPROVED-MEAN -13% 25% FRONT-FT 1 100 DEPTH/ACRES TABLE 02 100% LOCATION-ADJ APPLY-VAL-STAT 1 LNR LAND LFTAMP ADJS/SB/FEAT STR STRUCTURE ARR AREA-MEASUREMENTS NOR NOTES COM MARKET INC INCOME PMR PERMITS GRR GRAPHIC FUNCTION- STRUCTURE-CARD NO-000 DATA- XMT? RCV F Window APR/1 at BARNSTABLE (CY) 1p I Artist Barre Pinske has created a 2046hi scream using the letters AAAAAHI-HH! + � -+,�' � •> �.y nr €W C. The sculpture, which is made of painted and fiberglassed plywood, starts`out at ,# + 1/2"high on the gallery floor and grows to 8'high at 20'long out side+the building. s The sculpt , a scream that make's no sound, was conceived as Ja"conceptual sculpture,, 3 ., ' w interpretation of the unheard screams of domestic violence victims.The piece will �5i� 114 be visible to drivers passing by the Artist's studio gallery, at 19M rt 6A,: W" Bamstable. A show of new works including the giant scream will be held Sat. Dec..2nd, from 2:00 to 6:00 that aftemoon.A$2.00 per person donation will be:asked with:the entire proceeds given to Independence House. s � { 4 NT [ v r'ti S d E LE11,15 < �'t i, •P/ ,�'�-- " xs r ry s, 'h ,x* ell 9 �� _ � � �. r_ /' ����< fie'. ��.'�° -'�' _ --;� : Z�� �, J 1/.c..�v '��` .-�r,�.�-�' . ����.�`E-�s��' � -fir" ,,%°' l�u�� �� �,�; r�f��� r� �G�r��<s �2 ���c��e•� � j 5 ��O� GZ�-� ��� ����� � ��� ` *, � � � .� �_ r NAME E DER TOWN OF DRE OF OF DER BAR 41169 BARNS T TAT Q �l e� t#tH[ NUMBERMV/MB REGISTRATION� NUMBER p _ a ,1aP4 o -E�` i W TIME AND DATE OF VIOLATION LOCATION OF VIOi Z NOTICE OF !vo (A.M. P. ON —�.Z 1s/to (off w VIOLATION SIGN O FOBCINGP ENFORCING BADGE NO. rg OF TOWN II H ACKNOWLEDGE RECEIPT OF CITATION X W ORDINANCE enable to obtain ' nature of off dr. CL THE NONCRIMINAL FINE FOR THIS OFFENSE IS =1.. ac �'OR Date mailed — pp W YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL w REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W It)You may elect to pay the above fine,either by appearing In person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excelled, a bbefore:The Barnstable Town Clerk,367 Main Street,Hyannis,MA 02601 or by mailfng a check money order or postal note to Barnstable Clerk, ^� P.O.Box 2430,Hyannis,MA 02601,WITHIN TWENTY.04(21)DAYS OF THE DATE OF THIS NOTICE. a (2)If you desire to contest this matter in a noncriminal proceedingg,yyou mayy do so byy making written request to DISTRICT COURT DEPARTMENT, FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA02630,Att:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fall to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment In the amount of E Signature NXONDE.R BAR 411?C TOWN OF DRE OF OFF Di •17 BARNSCITY STQZIPCODE .J �Y.WT Gln� TW MV/MB REGION NUMASMBER . 639 1e�e p . P D TIME A D DATE OF VIOLATI � / LOCATION OF VIO 10 NOTICE OF ' ' o M P.M.)ON — 19 L% /Gyj9 VIOLATION Sli RE 0 RCI 0 ENFORCING DEPT. /� BADGE NO. 4 OF TOWN 1 HE Y ACKNOWLEDGE RECEIPT OF CITATION X ORDINANCE Unable to obtain sig ature of offender: op Date mailed "'OR THE NONCRIMINAL FINE FOR THIS OFFENSE IS YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINA REGULATION DISPOSITION WITH NO elect to RESULTINGCRIMINAL RECORD. excepted, �tetore:The Barnstable Town Clerk,3ve 67 therMainyStreet,Hyanni in s MA between oor:by mailing a check,money orderooApostal note tohBarnstable Clerk P.O.Box 2430,Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS of THE DATE OF THIS NOTICE.' (21 If you desire to contest this matter In a noncriminal pproceeding,you mayy do so byy makingg written request to DISTRICT COURT DEPARTMENT, FIRST BARNSTABLE DIVISION,COURT COMPOUNO,MAIN STREET,BARNSTABLE,MA02630,Att.2l D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or If you fall to appear for the hearing or to pay any fine determined at the n hearing to be due,criminal complaint may be Issued against you. �U ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ I I n BAN ' 1 NAME OF 0 TOWN OF ESSOFyO) Y BAR .STABLE CITY STATE. DE / — MVIMB EGA I�ATION NUMBER PAp�!iTABIJ:. aft —l` (� LOCATION OF CATION TIME AND DATE OF VIOLA P.M.)ON 19 BADGE NO. NOTICE OF - ENfOR G�DE(P/� �^ Sill OF FOR ON VIOLATION OF TOWN I EREBY ACKNOWLEDGE RECEIPT OF CITATION X oG ORDINANCE nable to obtain sign ur 1 Render. THE NONCRIMINAL FINE FOR THIS OFFENSE IS i p Date mailed OR YOU HAVE THE FOLLOWING CRIMINAALTERNATIVESLVRECORD.ITHARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTINGP. REGULATION (1►You may elect to pay the above fine,either by appearing in person between 8:3y0 A.M.and 4ch check, Monday through Friday,legal holidays excepted, before:The Barnstable MA �r WITHI Main St N TWENTY-0NE Hyannis, 21)DAYSAOF HE DATE OF THIS NOTICEk,money order or postal note to Of Clerk, P.O.Box 2430,Hyannis, gg yy yy yy IVtest this matterMpDUND,MAINST EET,BARNSTABLE.MADM,Att21D oncriminalHearingsandencloseacopyoithiscitation 12111 you desire to contest this matter in a noncriminal proceedin , ou ma do sob making written lHearit to DISTRICT COURT Dfthisc EN FIRST BARNSTABLE R N \ 13)If you fail to pay thmi al complaint may be issued--- yotuin 21 days,or it you fail to appear for the hearing or to pay any tine determined at the for a hearing. hearing to be due,c ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment In the amount of E Signature w- i WE The Town of Barnstable • a�sivsr�ca, , . 9 � Department of Health Safety and Environmental Services Fo ram" Building Division 367 Main Street,Hyannis MA 02601 1 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Mr.Barre Pinske 1989 Route 6-A West Barnstable,MA 02668 Re: 1989 Route 6-A,West Barnstable,MA Map/parcel 216/038 Dear Mr.Pinske: Please be advised that your special permit from the Zoning Board of Appeals(1992-11)allows you to conduct an art center at 1989 Route 6-A in West Barnstable. This use customarily is expected to have the public in for art events,showings,sales of paintings and sculptures and numerous other related functions. The use is not allowed to lease out the facility to a retail operation to charge money for admission. This is beyond what one would reasonably expect of an art center. Please be advised that you will be in violation of Barnstable zoning if you follow through with your advertised party. Sincerely, Ralph M.Crossen \ Building Commissioner RMC/km DELIVERED IN HAND C C b Receive&ffy Date Q961021A NAME OF OF N AR41166 :a TOW OF ADOR SS 0 OFFEND BARNSTABLE CITY,STATE. ODE CIF�� •'� �1}fi� .—�� MV/MB—RI TIONNUMBER t S —� .�.� NARNRTA►:x, s �e v 1 j E AND D TE OF VIOLAT LOCATION OF VIOLAT � NOTICE OF O i P,M.)oN -/,3 ,�s 9G L VIOLATION SIGNATUp RCINeP N ENFORgNO BADGE NO. `u = � v = ) OF TOWN I HE Y ACKNOWLEDGE RECEIPT OF CITATION X u ORDINANCE nable to obtain net to of off d r. CL Date mailed / THE NONCRIMINAL FINE FOR THIS OFFENSE IS i 60.OG ~ OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON 11)OR OPTION(2)WILL OPERATE AS A FINAL a REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. 11)You may elect to pay the above fine,either by appearing In person between 8:30 A.M.and 4:00 P.M. Monday through Friday,legal holidays excepted, I before:The Barnstable Town Clerk,387 Main Street,Hyannis,MA 02601,or by mallin0 a check,money order or postal note to Barnstable Clerk, b P.O.Box 2430,Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter In a noncriminal proceedingp yyOu mayy do so byy making written request to DISTRICT COURT DEPARTMENT, FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02830,Att 21 D Noncriminal Hearings and enclose a copy of this citation ! for a hearing. . r (3)If you fall to pay the above offense or to request a hearing within 21 days,or If you fall to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. II ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment In the amount of S Signature NAME OF p TOWN F j O FFEND BAR 41165 BARNS ABLE CITY•STATE,ZIP COD IKE Ci OeA V MV/MB pEGISTRATION NUMBER �r � _ NAR\RTABI.R, t TIME AND DATE OF OLAT NOTICE OF o A. /P.M.)ON 3 _ LOCA OFVIO oN SI ATUA FORCIN JIERSO VIOLATION 19 ENFORCING O BADGE NO. OF TOWN I HEY ACKNOWLEDGE RECEIPT OF CITATION X ORDINANCE 2 Unehle to obtain Signature of offender. OR Date mailed — — G THE NONCRIMINAL FINE FOR THIS OFFENSE IS i YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL { REGULATION DISPOSITION WITH NO RESULTINGCRIMINAL RECORD. F21 The Barnstable Town Clerk MainyStreet Hyannis MA 02H0 eoeb mallinQn a check,mo money o deroo�postel note lhBaidaysea Clerk, x 2430,Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATEYOF THIS NOTICE. ou desire to contest this matter In a noncriminal proceeding,youmaydoso by making written request to DISTRICT COURT DEPARTMENT,BARNSTABLEDIVISION,COURTCOMPOUND,MAINSTREET,BARNSTABLE,yA02830,ytf 21DNoncriminalHearingsandencloseacopyofthisciCation for a hearing. 131 If you fall to pay the above offense or to request a hearing within 21 days,or If you fall to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ❑ I HEREBY ELECT the first option above,con Signature fess to the Offense charged,and enclose payment In the amount of$ BAH 4116 2 TOWN�/� RESS OF OFFENDER . BARNSTABLE cm' TATF„�I,CODE Q/ WIMS REGISTRATION NUMBER o �— W RAR%%TAt:R r TIME AND DATE OF VIOLAT LOCATION OF TON Lr 7 NOTICE OF o (A. /P.M. ON a - ,19 P G/9 l !G• ,. VIOLATION & ► FOR N ENFOR �. Tw7mK y. : OF TOWN 1 HERE ACKNOWLEDGE RECEIPT OF CITATION X ORDINANCE nable to obtain signature of offende1. a Date malted _ — 9(0 THE NONCRIMINAL FINE FOR THIS OFFENSE IS = do• 00 OR '' YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.OTHER OPTTON(1)OR OPTION(2)WILL OPERATE AS A FINAL W DISPOSRION WITH NO RESULTING CRIMINAL RECORD. REGULATION 61 J You may elect to pbay the above fine,either by appearing in rson between OX A.M.apnd e�D P.M.,Monday through Friday,legal holidays ele Itea P.O.Box 2430 Hyannle Town A 0¢811�kV(YR IN TWESNITY-0NE(21j DAYS OF THE DATE Of THIS NOTICEk'money oNer or poehl note to Bamatable Clerk, C6 a. 11 H you deslro to It contest this matter In a noncriminal proceeding, ou may do so by makingwritten request to DISTRICT COURT DEPARTMENT, 7. IRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MAO¢830,Att2lDNoncriminal Hearings and enclose a copy of lhiedta0on for a hearing. <r - reel 8 H you fall to pay the above offense or to request a hearing within 21 days,or N you fall to appear for the hearing or to pay any Rne determined at Ole hearing to be due,criminal complaint may be Issued against you. ` �r - f ❑ 1 HEREBY ELECT the first option above,confess to IN offense charged,and enclose payment In the amount of S �7r Signature Dili k,1�F.�'Y~ I.V+k:.... .•:�t "�.FJ M... NAME OF �r4z;;,'+a.tn.:w' 4agxoHL.�q✓✓W..'^t:'erkl��:�*r;.,,' T0�rl�OF A ESSOFOF ND R BAR 9 1 BARNSTABLE C"•STATE.ZIP C DE� dF 4 Ov7Glj� $ o MV/MB�TRATION NUMBER RAN�nTABIE. y MASS. uj E AND DATE OF VIOLATION ` (A. NOTICE OF r-D LOCATION OF VIOLATION — > M. N — 19 to Q7/ z VIOLATION SIN ENFORCING N /i/ W - ENFORCI L(/ -.I BADGE No. W OF TOWN W I REBY ACKNOWLEDGE R CEIPT OF CITATION X o ORDINANCE able to obtain signature of on er. a OR Date mailed - THE NONCRIMINAL FINE FOR THIS OFFENSE IS i ~ YOU NAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.ERHER OPTTON(1)OR OPTION(2)WILL OPERATE A FINAL a REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. L`I { II J You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 p,M. Monday through Friday,legal holidays excepted, W before:The Barnstable Town Clerk,387 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk, P.O.Box 2430,Hyannis,MA 021i01,WITHIN TWENTY-0NE(21)DAYS OF THE DATE OF THIS NOTICE. f , a 1I If you desire to contest this matter in a noncriminal proceedingg,yyou mayy do so Dyy making written request to DISTRICT COURT DEPARTMENT, FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA02830,Att 21 D Noncriminal Hearings and enclose a cdo y of this citation 1 for a hearing. he If you fail to pay the above offense m to request a hearing within 21 days,or if you fail to appear for the he or to pay any it termined at the hearing to be due,criminal complaint may be issued against you. - ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of S j Signature it , .- :�,5♦.-a .- - ,rYy,�+^fNa:ai2'+.itn�s,.,z.a •�car�.ia� NAM f ENDER BAR4 163 TO , OF ADDRESS*OFFEN R BARNSTABLE CITY,STD E, CODE O GG dt lid►ta_ MV/MB REGISTRATION NUMBER 011 PAP\XI'ABIE,s6j `f NA q• Z ,, IME D DATE OF VIOLA LOCATION OF LATR)N 1 NOTICE OF '/`z7 (A. P.M.)ON — O 1s 4 SIGNA)WEYF/NFORq%PERS EN N D BADGE NO. .- - VIOLATION OF TOWN afna!yie ACKNOWLEDGE RECEIPTOF CITATION X ORDINANCE to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS Date mailed OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION.OF THIS MATTER.EITHER OPTTON 1 OR OPTION 2 WILL O I ) OPERATE AS A FINAL REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Ip You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, before:The Barnstable Town Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk, P.O.Box 2430,Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. 121 Ulu desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT, I FIRSTBARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE%A02&90,ytt:21DNoncriminalHearingsandencloseacopyofthiscitation tot a hearing. i (31 It you fail to pay the above offense or to request a hearing within 21 days,or if you tail to appear for the hearing or to pay any fine determined at the i hearing to be due,criminal complaint may be Issued against you. 1 ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of E j Signature ti{ t M f NAM F HOER #WNOF ss f OFFEN BAR o NSTABLE IBM 6D T 59 1 Z >trs ev a C� O t W/MB REGISTRATION NUMBER �elP • "� Uj TICE OF T AMDDe� uT "� • C r e T AP.M. ON ,19 / OCIIiION of VgLA ILATION w N (p W ' . BrfORCING _i n TOWN BADGE NO. co 1 H REBY ACKNOWLEDGE RECEIPT OF CITATION X 0 DINANCE W-%'8111e to obtain sl9nI of offender. W Date mailed — — THE NONCRIMINAL FINE FOR THIS OFFENSE IS YOU HAVE THE FOLLOWING AT WITH REGARD TO DISPOSITION OF THIS MATTER EITHER OPIiON(1)pR ppnpN�) u�O•C ~ aULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. �. I It j You may elect top y the above fine.either b ason OPERATE AS A FINAL a lore:TAe Barnstable Town Clerk,367 Mal n Stroet,Hyannis,MA 02ti01,or by 111,110,am mailsnp a check,money order or W P.O.Box 2130,Hyannla,MA 02fi01,WITHIN TIVENTY-0 E(21►DAYS OvcwE DATE OF THIS NOT CE M Monday through Friday,legal holidays exceppted, 45 (P Postal note b Barnstable Gerk, �p U you desire to contest this matter In a noncriminalyroceedlnoo,yyou mayy do so D maki written request to DISTR J FlT BARNSTABIE DIVISION.COURT COMPOUND,MAIN STREET,BARNSTABLE,AAAa263a for a Rearing. AtC21DNoncrlminalHearinQealldencloC SeCacUoR yafgllAaeiMtaHo� pl If you fail to pay the above offense or to request a hearing within 21 days,or H you fall to a hheearing to be due,criminal complaint may be issued against you. Ppear for the hearing or to�y any Rne determined at the ❑1 HEREBY ELECT the first option above,—--- - confess to the offense charged end—.- enclose DaYmem In..11�e arnmmt nr s lift' I NAME i R TOWN 0 Md. F OFFENDER BAR 41161 f y� BAR STABLE GrA&ZIP C E ' 1 tMe�, W/Me REGISTRATMIN NUUM MASS Cl I ' S C NOTICE OF ufE AND DATE DF 1401ATtDN LL ON �I ,19 ` TION OF YplATION Z .VIOLATION & F FOR tB+F�a EPT. Ul ttAosENo. OF TOWN — — y I H REBY ACKNOWLEDGE-RECEIPT OF CITATION X ORDINANCE P enable to obtain signature o oft e a OR Date mailed — — THE NONCRIMINAL FINE FOR THIS OFFENSE IS = f YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON 1 a. I` DISPOSITION WITH NO RESULTING CRIMINAL RECORD. REGULATION (►OR olmoN LL)wat OPERATE AS a FINAL d 61)rou may elect to pay the above fine,either D a pe W a store: The Barnstable Town Clerk,387 Main ySca 111 (2mils,rMA OM�o Bbbyy Mallinap a checkMmone dy older c�poa�l noteg tohBeida s oxceble leMrldC; P.O.Box 2430,Hyannis,MA awl-WITHIN TWENTY-0NE(21)DAYS OF THE DATE OF THIS NOTICE. FI�STR� S you desire to contest this matter in a noncriminal pproceedingo,yyou meyy do so byy makingp written roaauest to DISTRICT COURT DEPARTMENTthis , � BARNSTABLEDIVISION,COURTCOMPOUND,MAINSTREET,BARNSTABLE MA0283a,Att2lDfloncrymiIT IHearyngsa I enclose C URTcop D PARTtatiT for a hearing. 13)If you fall to pay the above offense or to request a hearing within 21 days,or If ou fall b hhearing to be due,criminal complaint maybe issued against you. y appear for the hearing or to pay any fine determined a- the 111 HEREBY ELECT the first option above,confess to the offense charged,and enclose Payment In the amount of s Signature OF FENDERBAR----1- -- . BARNSTABLE crry,,STAT C E A .. � i � a�G� MY/MB RE ISTRATION NUMBER n��vxt�a�E 0 lot— J, L Ill IME AND DATE OF lAiLU NOTICE OF /�. �ocAia` YNIIATgN z +i (A.M P.M.)ON .19 98 W VIOLATION SI ENFORa ENFOR DEFT. BADSENo. 1 : OF TOWN o I EREBY ACKNOWLEDGE RE EIPT OF CITATION X ~ ORDINANCE WMnable to obtain signature of often r. a ' Date mailed -- 6 THE NONCRIMINAL FINE FOR THIS OFFENSE IS = ~ OR W YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W 4 �'ME . . °: The Town of Barnstable • EnFexsrnaM � Department of Health Safety and Environmental Services ArFDN10'�A Building Division 367 Main Street,Hyannis MA 02601 -Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 9, 1996 Mr.Glenn D.Pauls c/o Pinske Art Center 1989 Route 6-A Main Street West Barnstable,MA 02668 Re: 1989 Main Street,West Barnstable,MA Dear Mr.Pauls: i You are hereby notified that you are in violation of Barnstable Zoning Ordinances section 4-3.2 to wit: an illegal sign erected without proper approvals. You are being given 24 hours from your receipt of this letter to remove this sign. If the sign is not removed,we will seek legal action against you. 4 Please be advised that we have had a long history of violations by your tenant. Please call me as soon as you get this letter so we can set up a meeting to discuss these issues. Sincerely, Ralph M.Crossen Building Commissioner RMC/km cc: Warren J.Rutherford,Town Manager Peter Freeman,Chairman,Old King's Highway Historic District Commission Paul Shoemaker,Vice-chairman,Old King's Highway Historic District Commission Thomas Geiler,Director of Health,Safety&Environmental Services CERTIFIED MAIL P 015 496 728 R.R.R. O Q960109A d SENDER: _ ■Complete items f and/or 2 for additional services. I also wish to receive the ■Complete items 3,4a,and 4b. following services(for an ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you.. . m ' ' Attach this form to the front of the ailpiece,or on the.back if space does not 1. ❑ Addressee's Address d permit. Ak ■Write'Retum Receipt Requested'on the mailpiece below-the article number. d d 2. ❑ Restricted Delivery to 6 ■The Return Receipt will show to whom the,ankle was delivered and the date a o delivered. Consult postmaster.for fee. ' z I 3.Article Addressed to: 4a.Article Number d ui P 015 496 7.28 � I o: Mr . Glenn D . Pau 1 s 4 4b.Service Type c/o P i n s k e Art Center XKRegistered ❑ Certified of j u 1989 Route: 6 A,. Main S t. ❑ Express Mail ❑ 'Insured I c West Barnstable , MA 02668 ❑ Return Receipt for Merch dice ❑ COD a 7.Date of Delivery .0 � z o TI Z) 5.Received By: (Print Name) 8.Addressee's Addrees ( nly if requested lit and fee is paid) I 6.Signatur ;( ddressee or Agent) :• I X i m PIS 1=0 11, �ecembe 4 Domestic Return Receipt P 015 496 725 Receipt f01 Certified Mail .. No Insurance Coverage Provided Do not use for International Mail (See Reverse) sP1 l.en D Pa ass c o t Sjejg'9"°Route 6—A, Main E t . P.O.,state and ZIP Code Postage $ Certified Fee ,T Special Delivery Fee Restricted Delivery Fee Return Receipt Showing ,I to Whom&Date Delivered mReturn Receipt Showing to Whom, C Date,and Addressee's Address 7 " TOTAL Postage L� Q &Fees �i Postmark or Date th E 0 U. to a a ■� ■ ■ � ■ ■r r ■ ■ ■ ■ ■ �� � ■ ■ ■ .. r r �-� � � e� � . I � . r, � Y ���� ��y�rt I1"..' � a �rp,A�,�.�d_ � s 1 4�. � )` ...J "�.1 `' � ■ �..: .v r ■■ � � � / ■ ��� � � ■ ■ ■ ■ �� ■ ��r�� �� � � �� ■� � r■ �� ■ r ��� ■ ■ ■ ■ ■ ■ ■ �� �� ■ � ■� �, ■r ■ r } i if I _ Ir --+ -} - t- ---t- �- T- i 1 � 1 i I � � I - 1 r I Brown Gwen From: Schemig Bob To: Anderson Pat; Etsten Jackie; Traczyk Art Cc: Brown Gwen; Lavoie Debbra; Mackey Patty Subject: FW: User Fee Policy Date: Friday, January 05, 1996 9:54AM Please inform the Boards and Commissions we serve. A second copy of the fee schedule is being provided From: Dean Russ To: Department Heads; Division Heads Subject: User Fee Policy Date: Friday, January 05, 1996 8:34AM For those who may not be aware, the Town Council unanimously approved the resolve last night outlining user fee policy for those departments.involved in the fee-setting process. Everyone was set at 100% recovery with the exception of Planning,which was set at 50%. In addition, the ordinance was modified on Building, changing the building permit fee structure. Those permits have previously been based on square footage. Now they will be based on assessed valuation. This is obviously the result of your hard work on the Cost of Service Analysis, and all are to be congratulated! Russ Dean f Page 1 Town of Barnstable -Planning Department Old King's Highway Historic District Committee snRxsTaaT.r. + 230 South Street, Hyannis, Massachusetts 02601 MASS. (508) 790-6285 Fax (508).790-6288 1639. ATFD MA'S A TO: Ralph Crossen, Building Commissioner,Town of Barnstable FROM: Paul Shoemaker, Vice Chairman, OKHHDC Barnstable, M DATE: January 5, 1996 RE: Enforcement Action,Pinske Art Gallery, 1989 Main Street, W.Barnstable, MA CC: Warren Rutherford,Town Manager,Town of Barnstable In response to a complaint initiated by an abutter, Ms. Rita Paxton, concerning a sign violation at the Pinske Art Gallery, the Old King's Highway Historic District Committee of Barnstable, determined by majority vote on December 13, 1995 that the four foot high letters hanging from the second floor of the Gallery comprise a "sign". The sign is in violation of the Old King's Highway Regional Historic District Act, Chapter 470 of 1973, because a Certificate of Appropriateness was not applied for. The Old King's Highway Committee's determination of the "hanging letters" as a "sign" was based on Guidelines provided by the Old King's Highway Regional Historic District Commission Bulletin (December `83), legal advice given by the Commission's Counsel, and referencing Section 4-3.2 of the Town of Barnstable's Zoning Ordinances, definition of a"sign". It should also be noted that one of the committee members voluntarily talked to Mr. Pinske two weeks ago concerning the sign before enforcement actions would take place. Mr. Pinske relayed to Committee Member David Babbitt, that he would remove the sign. As of yet, the sign still hangs, and the Old King's Highway Committee is now formally exercising Section 4- 3.19(2) of the OKH Act, by directing the Building Inspector to take action for the removal of the hanging letters sign at the Pinske Gallery. an ire eme�n Comm �r>�., s nejo '. l > hold rts fus�t Aliheimer's Fam�k ° I)laveto 4 }p;r►Iy,work ` here det ily SupportGroup from 5;3Q to �,ln e4yes;lirstIlilacDon 4 ' • 6 3'lj p m:next Wednesday ui ..:' ald nsaid "That 6 ablrr' fi t the'Woodbnar card roI.om,339 me f o fi� we $ut l�an t, 2y Our r e �i '" � wart I'mlbolung fo�rwazd :f dGifford St,Falmouth :0' ,� rs ` `. � The ou is.o en to families ;� S back on the Itne" F t g P P � z � =3 " ` t acDonald had r anc'caregivers of'people wntix M e n a candy g ;; WIN. c Y �r� �$sfr. 7 = cc _ Alzhelme is dsease 1 9NEED Help?ss ' aiar 5 t t : ,Reservahodue �nsMonda LINE maybe made b ca111n Johiik3 *} CALL775.0464 o(6ipo dins axis t s� - ' Hedderson at'540-1600 ; �.000 a62-8007 1 .� 'h Kam, it � Ira i119 spin_ m;nq 11aguol krt� ,r•,, .r - I ,a t z ,a y .r Al I sasnq°uo sleas A A ,r �� _. _ f, aq aqI a # ,s a Second as , . R - , 4llnutuu } talloween -ItCb r , t{ n 14 pq a}1EL 'C `", ICpp,rq o aiaq 4uu;Ts � r1t11y October 2 'tli V. 8p � - . - klgegoid all, y Rowan C r �` y rese�rted b r t T Barre Penske:Galls iaglta�autw uo o E 1989 Route 6 4�y *,r�W ,,4 aouatosuo ..�d4 pouaddeq_.ana ► AV" k. Ilauuax jagwaui • CKETS NO Pilga E.co3 ai ets pn`sate on[yy at a ROVCIAN �iE ' 49-le;se pu00.1 e aoue; 84 u e a 1tUesf B `"F aX paip uogow a $� r flerscr �� r$2 oiu awes aq;apeu K ��{{{ '••�� • tical Advertisement . . rnrrrp�erjeDormers DoorsKitchens abtnReplacemenYSunrooms5wtmming PBathrooms. Shutters Vinyl Siding - Aluminum guHOME IMPROVEMENT 4 sIHCEts4s ". EstillnatesCaSp , 199 BamsEable RdN �• 775 17.78.1.OW2 Our orb T 1 L a Apr ° ..z Yo ur BreastHea l i . tth. .y 1, CaringAyid Personal s x ;We: P •Are committed to serve.you E' within 48 hours(Mon-Fri & �C 1 ��.�., r usually'46day...' Fax and'mail repots to- �A ph SOWS throughout the U:S. A g ,� f f -. ,� ' Y SX-"ff Y .and intemaflonally 4 L ; � a •Obtain your previous films for 1 � comparison w •Are accredited by the IIDA; American College of Radiology; S 1 *`&Mass.licensed I ; t?itr sta�naembers are s 1 -sensitive to your needs and concerns AW.MWOU Dian` MD,M:P.B. � r "die Second Annu x Ha1loveen WitcA s i OPEN T Friday,October 25th`8-1" &{ " Presented;by the Rowan Tr at rfir . . F - Barre,°Pinske�Gall�ry t 1989 Route U. West Barnsta`b1e r. A � 2`floo>cs of'OUTRAGEOUS FllN1 L><ve Band-SPACE PUSSY.. ' �- Cash Bari 'CAPE-COD BREW HOUSE '• '` s � Food Caterer-",Chef Ralph.of MILLWAY' PURCHASE`YOUR TICKETS_ NOW 's Tickets on sale only at the ROWAN TREE ` f .1'084 Route 6a;West Barnstable`508-362-7020.k A ,`NQW$15.00 per person-At the Door$20.Or0 per person Positive ID required•A portion of the proceeds will be donated as a college scholarship 4, ` t0 a local student.Y Ai "> 1 ,r el, • I 1 t jr� '7-q r r R �Y 1 r 4 46 4-1 All t /'� r' To Date `^ Time WHILE YO WERE OUT M- k��- Of �r l�. 14 ,Phone Z 7VQ Area Code Number Extension TELEPHONED PLEASE CALL wo CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message " /J V L/ -77 Operator AMPAD 23-021-200 SETS EFFICIENCY® 23-421-400 SETS CARBONLESS • �arrarns�. • The Town of Barnstable - NAM 059. Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 ..Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner. December 6, 1995 Peter Freeman Chairman Old King's Highway Committee 230 South Street Hyannis, MA 02601 RE: Pinske Art Gallery, 1989 Main Street, West Barnstable Dear Chairman Freeman: Please be advised that in complaintre and to the received b this office from the Town gY Manager's office regarding this location your Committee must make a determination before this department can take any action. Mr. Pinske is violating zoning ordinances with an over four foot sign; burning raw wood in an oil tank, and his building is still unfinished. According to section 4-3.19 (2) The Historic District Regional Committee shall exercise the duties of the Building Commissioner for the purpose to these regulations, except that the Building Commissioner shall be informed of all actions taken by the Regional Committee, therefore once we have received your determination, in writing, we will take action on same. Gloria M. Urenas Zoning Enforcement Officer cc: Town Manager ; a•_-_ �' ; �: DEC - 61996 .� LE Pinzc I Urenas Gloria Subject: FW: Zoning Complaint From: Rollins Tracey To: Urenas Gloria Subject: Zoning Complaint Date: Monday, December 04, 1995 1:56PM Hi Gloria: On Friday afternoon Ms. Rita Paxton, Rte. 6A, W. Barns. called with a complaint against Mr. Barry Pinske/art gallery on 1989 6A, W. Barns--She states that Mr. Pinske is violating the zoning ords. w/4'high signs, burning raw wood in his oil tank which she says causes smoke so thick she cannot go outside-- She also wants to know how long he can continue to have his bldg. unfinished. --She also says that she is afraid of Mr. Pinske and does not want him to know that she is the complainant, her tel. #is 362-4913, pis. call her maybe you can sort this out because I am not familiar with zoning ords. Thanks. Page 1 �OFTMEr��` TOWN OF BARNSTABLE BesxsTesr, : Office of the Building Inspector riva s� 039 Date June 12, 1995 Fee $50.00 Permit No. 108 PERMIT TO ERECT SIGN IS HEREBY GRANTED TO Gallery Nominee Trust D/BIA PINSKE ART CENTER LOCATION 1989 Route 6-A, West Barnstable, MA 02668 ANY VIOLATION OF THE SIGN LAW WILL CAUSE-IMMEDIATE REVOCATION OF THIS PERMIT ''`Buildfnq nspector The Town of Barnstable permit no: Lo0 .• Department of Health, Safety and Environmental Services " M ; Building Division date 639.►�� 367 Main Street,Hyannis MA 02601 fee Application for Sign Permit Applicant ? Pp Assessor's no. ego Doin Business Asl rUS l g �� �1G � C � ,(� Telephone — � Sign Location street/road: 6> Zoning District Old King's Highway District? yes ' _ no Property Own jr _ Name: �� a �, v 5 Telephone ( + fT �a Address: Village (��► C K> >�`�� Sign Contractor Name: , Telephone Address: Village Description Diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign to be drawn on the reverse side of this application. Is the sign to be electrified? yes noX�7 (Note: if yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct and that the use and construction shall conform to the provisions of Secti 4-3 of the Town of Barnstable Zoning Ordinances. Date ' Signature o Owner/Authorized Agent Size (sq. ft.) Permit Fee �(1 • 1--eJ Sign Permit was approved: disapproved: Date Signature o uildi cial Application to 1995 10 , / Old Kings Highway Regional Historic District Committee in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, id triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973. for proposed work as described below and on plans, drawings, or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building D Addition II Alteration Indicate type of building: ❑ House Q Garage .D Commercial ❑ Other Z Exterior Painting: ❑ 3. Signs or Billboards: New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: Q Fence ❑. Wall ❑ Flagpole ❑ Other (Please read other side for explanation and requirements). ' J TYPE OR PRINT LEGIBLY Q /► DATE �/j ADDRESS OF PROPOSED WORK -� 1 U lam► ASSESSORS JP'NO. OWNER __1 ;;;S-T'P_ IW��� ASSESSORS LOT NO. HOME ADDRESS TEL. NO. FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). AGENT OR CONTRACTOR TEL. NO. ADDRESS DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done(see No. 8,other side), including materials to be used, if specifications do not accompany plans. In the case of signs,give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if:necessary). S•'8 ,a!,b a ,3 'C') S','o(e h e X-4 ►4 \01 6a � DO Signed V6) Owner ntractor-Agent c„; bel_ow line for Committee use. T / 2, ' Date 9 tj lThe Certificate is hereby �,��1-w' Date / -S MAY - 11995 TimeW4 w Approved ❑ IMPORTANT: If Certificate is approved,approval is subject to the 10 day appeal period provided in the Act. Disapproved 7 Sign pernrit spec sheet Application to Old Kings Highway Regional Historic Distrit Committee Town of Barnstable Sign size (height/width and square ft.) 6 sq. ft. Distance from the bottom of sign to the ground. 3' Sign Colors; Background. Black Letters. White, Helvetica Trim. none If there is an object in the sign please describe it (include colors); I Barre Pinske, propose to letter the existing scuplture "Giant Mail Box " with the words Pinske Art Center Park in Rear, and use it as a sign. Post; Material. Steel Width of post. 8"x8"'I-Beam Height to top of post. 2.5 Height to sign support beam. Hone Length of support beam. none Note: Fill out completely. Please include a drawing of the proposed sign and a drawing or photo of sign placement. 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