HomeMy WebLinkAbout34 Lovell Rd3M UoVell "Koad
Os-l-ervi Ufi-
Green,McNulty and Hopkins,P.C.
Attorneys at Law
Post Office Box 457
1441 Route i32
Barnstable,Massachusetts os63o
617-771-aOOO
Frank E.Green
Thomas J.McNulty,Jr.
John B.Hopkins November 18,1980
Mr.Joseph Daluz,Building Commissioner
Town of Barnstable
Town Office Building
Hyannis,MA 02601
Re:5.3<Lovell Road (Lot ,Osterville -Formerly owned by
Robert R.McNutt III and Robert N.Hallett and now
owned by Lawrence R.Ladd and Susan E.Cartmell
Dear Joe:
As you know,the former,owners of this property requested an occupancy
permit from you with respect to alterations that have been done to the
property.You advised them that you would not issue an occupancy permit,
but that you would give a letter making certain statements with respect
to the work done.I have not seen that letter and I imagine it is in
the possession of the real estate brokers or the former owners.
You and Carl Audino,and then you and I,discussed certain provisions of
the state building code,specifically Section 119.2.That section of the
code seems to clearly provide that alteration of a building for which an
occupancy permit has not previously been issued results in a prohibition
on occupancy or use of the building until a permit has been issued that
the alteration has been completed in accordance with the provisions of the
building permit that was issued for the alteration.
You have told me that,notwithstanding the provisions of that section,you
are unwilling to issue an occupancy permit in the usual form because of
your inability to certify that the work not altered is in conformance with
the present building code.I can understand that position,but I ask that
you treat this letter as a request for a written statement from you in your
capacity as Building Commissionei;that the alteration work for which your
office gave permits was inspected and has been completed in accordance with
the permits and relevant portions of the building code.As you and I dis
cussed,the wiring and plumbing inspectors have inspected the alteration
work and those were the primary areas in which the alterations were done.
Green,McNulty and Hopkins^P.C.
Mr.Joseph Daluz,Building ComTnissioner
Tovm of Barnstable,Town Office Building
Hyannis,MA 02601
November 18,1980
Page 2
I fully realize this makes extra work for your office,but I'm afraid that
concern is overridden by the specific statement in the code that the building
shall not be occupied or used.
Please give me a call if I can add anything further to this.
Sincerely,
GREEN-,McNiJLTY AND HOPKJ
Frank
FEG:nmc
NlSvember 6,1980
Mr,Frank Greene
Route 132
Hyannis,02601
Dear Mr,Greene:
The dwelling located at lot #2,Lovell Road,Osterville,
having been reiiodeled,meets the approval of this office for that
portion.This office mil not certify what we cannot see.
Peace,
JDD/gr
0 JULXXJJ^
Joseph D,DaLuz
Building Coninissioner