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Home My WebLink About282 Old MillTown of Barnstable Offic ol^ou,n Counid- 397 MAIN STREET 0\cf W (1 HYANNIS,MASSACHUSETTS DZSOl Os4«rrvi^^e TELEPHONE 617-775-n2Q EXT.1S5 February 11,1977 Mr.Joseph DaLuz Building Inspector Town of Barnstable Dear Joseph: Enclosed please find a copy of the court order against Mr.Barboza which indicates that he is to refrain from carrying on a business on his"property.In our conver sation,you indicated that Mr.Barboza was working on his own car in his yard which I do not interpret to be the carrying on of a business on his property. I hope that this answers your question. Very truly yours. Ri^ard N.Rougeau ^ Enc RNR:ecg fflammonnipaltlj uf iHaaaarljuaPtta BAHNST.-VBLE,ss.SUPERIOlT COURT NV 337U8 XN)BOlXW^ JOHN PERRY et al VS. BUILDING INSPECTOR,TOWN OF BARNSTABLE,et al JUDGMENT In accordance with the findings,rulings,and order in the at:ve-entitled action. It is ORDERED: that the defendant,Norman Barboza,be permanently enjoinetJ fvzrr.conducting a business activity on his premises located at Old Mill Road in the village of Osterville,town of Barnstable, ir.violation of the Zoning By-Law of said Town. Dated at Barnstable,Massachusetts,this 30th day of August,197M. ^^WCV>✓,1. of/thc/supSTrtuT^C^ A true copy,Attest: ••'Assistant Clerk V k*•--jy*, \v February 15,1977 Mr.Charles R.Desmarais Desmarais,Carey &Burbe 446 County Street New Bedford,Ma.02740 Dear Attorney Desmarais: I will attempt to answer your letter of February 1,1977.When Mr.Perry called 1 went to investigate the allegation.My observation did conclude that a car was in the garage and had been prepared for painting.I contacted Mr.Barboza and he assured me that the automobile was his.In fact,it was the same car that was outside the garage during the first investigation in 1974. Your letter suggests that Mr.Barboza continues to operate a business. I have referred to my Town Counsel for an opinion and it is also his opinion that a man is entitled to work on his own car on his own property.As indicated in the judgement and so ordered "...that the defendant be perm anently enjoined from conducting a business activity on his premises.• Therefore,I conclude that Mr.Barboza is not conducting a business as has been alleged. JDD/gr cc:Town Counsel Peace, Joseph D.DaLuz Building Inspector CHARLESR.OESMARAISWILLIAMH.CAREYTHOMASF.BURKEPAULS.MURPHYRICHARDG.RUBYPHILIPBEAUREGAROLAWOFFICESOFDESMARAIS,CAREY&.BURKE•4A6COUNTYSTREETNEWBEDFORD.MASS.02740TELEPHONE99S-23AIAREACODE617Feb.1,1977Mr.WoriiianBarboza282OldMillRoadOsterville,fiass.DearSir:YouhavepreviouslybeenadvisedofOrderoftheCourtenjoiningyoufromconductingabusinesson yourpremiseslocatedat202OldMillRoad,OstervillewhichjudgmentwasenteredAug.30,1974,YouhavebeenviolatingtheorderoftheCourtandunlessyoustopimmediatelyweintendtotakeactionrequestingthatyou beheldincontemptofCourt.crd/lsmencVeryulyyoursCharlesR.Desmarais LAW OFFICES OF CHARLES R.OeSMARAIS DESMARAIS.CAREY &BURKE WILLIAM H.CAREY TELEPHONE THOMAS F.BURKE A46 COUNTY STREET 909-23AI AREA CODE 617 PAUL G. MURPHY NEW BEDFORD.MASS.027-40 RICHARD G.RUBY PHILIP BEAUREGARD Feb.1,1977 Joseph DaLuz,Building Inspector Barnstable,Mass. Dear Sir; Enclosed is copy of judgment of the Court in the law suit of John Perry,et al v.Building Inspector,Town of Barnstable and Norman Barboza which was entered Aug.30,1974. We have been informed that Mr.Barboza continues to operate a business from his premises in violation of this Court order and we are enclosing copy of our recent letter to him. You are hereby ordered that you should see that the judgment of the Court is complied with as we in tend to take further action if this is not done. Very truly yours crd/lsm encs. fcharles R.Desmarais ;.(JommonHTFaltl?atfcHjtrfjnsyttaBARNST.-IBLE.ss.-.Xo.33748"..-SUPERIOR^COURT:•4:jonnperryetal•vs.•.,BltiLDINGINSPECTOR,TOWNOFBARNSTABLE,etalJUDGMENTInaccordancewiththefindings,rulings,andorderintheabove-entitledaction,ItisORDERED:thatthedefendant,Norr.anBarboza,bepermanentlyenjoinedrror:conductingabusinessactivityonhispremiseslocatedat182OldHillRoadinthevillageofOsterville,townofBarnstable,inviolati-noftheZoningBy-LawofsaidTown.DatedatBarnstable,Massachusetts,this30thdayofAugust,1574.V.Y.>\:A"truec^py.Attest:•,/ / /'AssistantClerkOT""Ca DESMARAIS.CAR£Y&BURKECOUNTYSTREETNEWBEDFORD.MASS.02740CERTIFIEDNo.132S/0MAILPETURNRECEIPTREQUESTED•''SEHHOVVEf?uSJosephDaLuz,BuildingInspectorTownOfficeBuildingBarnstable,Mass.i.,iOI•Return— /* •/ January 21»1978 Mr.Morman Barbosa 282 Old Mill Road OstervilIe»MA Dear Mr*Barbozat A recent ccm^Lalnt was lodged with the Board of Selectmen by Mr.and Mrs*Perry concerning continued body work activities In your garage. As per our conversation I know that you assured me that you are not doing any business In your garage but on occasion repairing your tractor and your own cars* As X mentioned the Court "ordered that a cecree enter permanently enjoining the defendant,Barboza,from conducting a business activity on his premises at 262 Old Hill Road In the village of Ostervllle, Bamstable,In violation of the Zoning By-Law of said Town".This Is the quote of the Court drcree. Since the Perrys allege that you are still conducting Illegal activities and you say you are not,It would appear to me that perhaps you should retain a lawyer to resolve the matter*The question of zoning Is very clear,that you are In a residential zone and business activities are not permitted* JDD/gr cct Board of Selectmen Peace, Joseph D*DaLuz Building Inspector UNITED STATES POSTAL SERVICE (W /X OFFICIAL BUSINESS /<X^ SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the spaaeifiiow.^ • Complete Items 1, 2, and 3 on the reverse.i ^ •Moisten gummed endsand attach to front of^arti9(& if space permits.Otherwise affix to back of arti<^^ • Endorse article "Return Receipt Requested"adja^ cent to number. 6 PENALTY FOR PRIWTf—^ M USSTG AVOID PAMiEtILf3JsyOfPOSTAGE^f^^^^' / RETURN TO 1 Mr.Joseph DaLuz,Building Inspector Town of 397 Main Street (Street or P.O.Box)" Hyannis,MA 02601 (City,State,and ZIP Code) •Lomp^ete items lv'2,and .\\ Ada your address in the "RETURN TO" space on V^erse. "ilVVw service is requested (check one).tijwjtd vhom and date delivered..15< hjoy ^pvhom,date,&address oF delivei^-.f 35^ il^iOTED DELIVERY. h^\«(b ^hom and date delivered 65^ ^™dTED DELIVERY. vfhom,date,and address of delivery 85< 2.ARTlCL^/^O^RESSED TO: ^(Mr).1Morman Barboza 282 Old Mill Road Osterville,MA 3.ARTICLE DESCRIPTION: REGISXH<E]|"JN0.I CERTIFIED NO. 'V v'''4 ; INSURED NO. A 508992 ^^lyHiys jibtaln signatureofaddresseeor agent) I hl^^^eiv^-the article described above. .sign:Addressee •Authorized agent 'J\i^ 'date of DELIVERY POSTMARK 5.ADDRESS (Complete only if requested) 6.UNABLE TO DELIVER BECAUSE:C^^K* iNITIALS GOP :1976—0203-456 COMMONV?EAI>THOFMASSACHUSETTSBarnstable,ssJOHNPERRY,EtUxV3»JOSEPHDaLUZ.BUXLDINGINSPECTOROFTHETO^.fNOFBAHNSTABEE,EtAlfindingsRUIiINGSandORDERSuperiorCourtNo•33748• ThisisapetitionforWritofMandarausbroughtby-ownersof realestate,taxpayers,whoresideonOldMillRoad,osterville,Barnstablecounty.Thedefendant,JosephpaLua,istheBuildingInspectorof theTownof Barnstableandtheactionis^=(-HiminhiscapacityasBuildingInspector-Thedefendant,llorraanBarbota.residesat282OldHillRoadinosterville,whichadjoinstheplaintiffs*residence.BoththeplaintiffsandthedefendantBarboza'spropertyisinResidenceDzonedistrictwhichprohibitsbusinesses.Itisallegedthatthe defendant,KormanBarboza,hasbeenengagedin thebusinessofrepairingautobodies,including painting and other activities related to the same at his residence. The Building Inspactpr,Joseph DaLus,v/as notified on March 7,1974,of the alleged violation of the zoning law,carefully investigated the complaint but failed to obtain evidence showing a violation and thus took no action Barbosa erected a garage-type structure in 1963 at his residence to the rear of his house with an-attached garage. This garage-type structure,hereafter called "the garage", is located between the Barboza house and the Perry resi- dence.This garage is approximately 24'by 24',with a 7*overhead-type door on one side,permitting vehicles to enter.It is fully insulated,heated and is equipped with mechanical ventilating equipment.This garage contains complete equipment and tools for complete motor vehicle body repairs.In addition to the specialized hand tools for this purpose are heavy straightening equipment,v;elding equipment,air compressor and spray painting and drying equipment.In short,it is a complete body shop. Barboza has been in the body repair business for many years.Ke has been employed by others and self-employed... For the most recent period,he has been self-employed carrying on his work in naslipee and at his residence. - 2 - Athisresidence,hehasbeenengagedincontinuousreoairofvehicles.SinceJanuary,1974,ithasaveragedaboutfivevehiclesperweek.Insoiseinstances,thessarethevehiclesoftradesmenwhohaveperu-orinedworkathispremises.Thereishodirectevidencethatthisworkwaspaidfororthatitv^astheresultofbartering.Ina fewinstances,theywerevehiclesofrelatives.One manhasassistedhimonfrequentoccasions.Inmany;instances,sarbozahasworked uponvehiclesheowns.Heownssevenoreightvehiclesatatime,keepingonlyoneunregisteredvehicleoutsideathisresidenceand.storingtheothersatvariousotherlocations.Hepurchasedthesevehiclesin.needofbodyrepairsprincipally,repairedthemandthensoldthem.Inshort,Ifindthathehasin.numerouswaysbeanconductingabodyrepairbusinessathisresidence.Hehasnot,however,conductedthisbusinessforthepasttwoorthreeweeks.Irulethereisnobasis*fororderingreliefagainsttheBuildingInspector,DaLuz.Thereisnobusinessactivitypresentlybeingconducted.Thepetitionastothisdefendantisdenied.jrulethatas.tothedefendant,Barboza,thispeti—tionviaw^'inthelightofitssubstanceisaconventional- 3 - t • t *' ;.Y .-i'K '•>./"}-•A bill in equity and no .^nore.It is therefore ordered that a decree enter/permanently enjoining the defendant,Barbosa, from conducting a business activity on his premises at 282 Old Mill Road in the Village of Osterville,Barnstable, in violation of the Zoning By-Lav of said Town. So ordered. Entered:June 20 ,197^; Herbert F.Travers,Jr. HERBERT F,TRAVERS,JR.; Justice of the Superior Court ;«•) ; V a'..I A true copyj Attest Cl^k t (('A -.1 -