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HomeMy WebLinkAboutAlleged Violation 1999-2002 35 Winter Street35 Winter Street May'99 — Violation sent for shed without approval Received letter from owner stating that the shed is a barn that has been there. Only new shingles and roof were replaced. Sept. '00 — Violation sent for additions to barn and adding fence. Received letter from attorney of owner stating that the fence was replaced like for like, and no need for a permit. Said they were just doing "maintenance to the barn". January '01— Sent memo to Building Dept. asking them to send second violation. December '01--- Betsy Antonellis said that there are new shingles and windows April '02 - Re -roofed (had permission) September'02 — Asked Jim Brandolini to visit 35 Winter Street with the Task Force the next day. After that, Mr. Brandolini thought it would be best if we didn't pursue. TOWN OF YARMOUTH 11 Ib ROL T 8 ti0171 I ! ARA10171 i 1IASSACI ILSE'ITS 026644-151 Tduphone [ 08) 39X- 231. Ext. 292 — P.tx (-iW 98- 364; OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT C:041MITTFF Date: 1 -24-01 To: James Brandolini Building Commissioner From: Debbie Gray, Chairman Old King's Highway Committee RE: 35 Winter Street Regarding 35 Winter Street, on 9/25/00 the first violation was sent for an addition to the barn/shed. On 10/27/00 a letter was received from James Quirk, attorney for the owner's, after repeated Old King's Highway inquiries. On 12/7/00 Chairman Gray spoke to Mr. Quirk saying that the violation does exist, and we believe his argument is invalid, and that a Certificate of Appropriateness must be filed. Mr, Quirk told Chairman Gray that he would look into this with his clients. On 12/27/00 a letter was sent to Mr. Quirk referring to above phone call and another C/A was enclosed for his convenience. Since there has been no CIA filed and no response from the owner or the attorney as of this date, and since the violation now has escalated to include fencing and other structures, the OKH Committee requests a second violation notice be sent with any fine you deem necessary. If there are mitigating circumstances, please let us know before the second violation is sent. Thank you for your time and attention to this matter. &27/00 1 Printoo or. Pecyclaa Pape+ TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451 Telephone (508) 398-2231, Ext. 292 Fax (508) 398-2365 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE VIOLATION CONTACT SHEET Violator Name Address` Type of Violat Complainant Name Address Committee's Decision Date Printed on Recycled Paper :: ALP-V;Use l/rlry Permit # 5 *Permit eXpires 6 rnonfts from s. issue.dafe. EXPRESS BUILDING PERMIT APPLICATION TOWN OF YARMOUTH Yarmouth Building Department 1146 Route 28 South Yarmouth, MA 02664 (508) 398-2231 Ext. 261 (' CONSTRUCTION ADDRESS: W 1 l Lq t, t `� [� r VVLe ASSESSOR'S INFORMATION: Map: Parcel: + 1 I nn ` Syg OWNER: tt d'1e 1►la r'A —Le 6,1 t<`Fsacc�41c.1e1 �� [ �P f�ti !tom 22a-,, QZS NAME PRESENT ADDRESS TEL. # CONTRACTOR: C, V1 NAME MAILING ADD S TEL.# Residential ❑ Commercial Est. Cost of Construction $ a %b 0 Home Improvement Contractor Lie. # �pnstruction Supervisor Lie, # Workman's Compensation Insurance: (check one) \\ 13-4 am the homeowner D I am the sole proprietor ❑ I have Worker's Compensation Insurance Insurance Company Name: Z t_ h Worker's Camp. Policy# � WORK TO BE PERFORMED ❑ Tent (Fire Retardant Certificate attached) Duration ❑ Siding: # ofSquares ❑ Replacement windows: # 17 Replacement doors: # �LR-roof: # of Squares (} Stripping old shingles* going ovcr� 'Like of existing roof fn V r W 0/or *The debris will be disposed of at: E (� Location of Facility yG� APpROVEi� I declare under penalties of perjury that the statements herein contained are true and correct to the best of my knowledge and belief. I iltett�ls ' �G s will be just cause for denial or revo on of my license and for prosecution under M.G.L. Ch. 268, Section 1. , / — ��i-i�s�l � Applicant's Signature: Date: () i''`'14 � � 0 ers Signature (or attachment) Date: Approved By: Building Official (or designee) Zoning District: Date: Historical District: ❑ Yes 11 No Flood Plain Zone: ❑ Yes ❑ No Water Resource Protection District: Within 1001 of Wetlands: 0 Yes H No ❑ Yes ❑ No 3/01 Crowell, Pat From: Brandolini, Jim Sent: Wedngsday,-Se"tember 04, 2002 5:41 PM To: Cr vrrell, Pat Subject: R 35 Winter Street ) Pat: We have a meeting scheduled for tomorrow. I will include this Jim. -----Original Message --- From: Crowell, Pat Sent: Wednesday, September 04, 2002 2:52 PM To: Brandolini, Jim Subject: 35 Winter Street Jim, Are you still planning on discussing 35 Winter Street at your task force meeting tomorrow? Pat Crowei! OKH/Historic Secretary (508) 398-2231 X-292 ncrowelf armouth.ma.us<mailto:ocrowell@yarmouth.ma.us> , ! a' cl 4 ri W: poppy I � , I �3 TOWN OF YARMO V i H I 16 1�0t.'I*I` 28 tit)1 T1I YARN1017TII yI V)SAUIt SETTS 0266-+-445)1 TtAcphu[iu Itillti7 98-2231. Eat. 21p7 — I -;is l41ihl i98-236; OLD KIM; 's HJG1IV AY REGIONAL DPI THICT COMMITTEE Date: 12-27-00 To: James H. Quirk, Jr. Attorney for Laurie Snowden-Lebel, Trustee From: Debbie Gray, Chairman Old King's Highway Committee RE: 35 Winter Street Regarding our conversation on 12MOO, I have enclosed a Certificate of Appropriateness to be filed for the violations at 35 Winter Street. If you have any questions, please call our secretary, Pat Crowell, at 398-2231 X-292. Thank you for your time. W7/oo r A 1 Pnnlea oa Recyclra Paper JAMES H. QUIRK, JR. ROBERT C. CHAMBERLAIN PAMELA B. MARSH THOMAS C. PAQUIN THOMAS J. PERRINO ANASTASIA WELSH PERRINO OF COUNSEL WILLIAM E. CROWELL, JR, STEPHEN L. JONES, P.C. October 27, 2000 QUIRK AND CHAMBEppRLAIN,�JP.C. c-Ato%nF-y-, anal/(f0uniEffo t1 at -fa (Ay 99 WILLOW STREET POST OFFICE BOX 40 YARMOUTHPORT, MASS 5 p 7 = BARNSTABLE OFFICE M WE POST OFFICE BOX 92 508/35 � P BARNSTABLF, MA 02634 FACSIMILE Z 8/3 r6OOCT 2000 508/362-4314 Mr. James D. Brandolini Building Inspector Town of Yarmouth Municipal Building 1146 Route 28 South Yarmouth, MA 02664 2- I RE: LAURIE SNOWDEN-LEBEL, TRUSTEE (LAND 35 WINTER STREET, YARMOUTHPORT, MA) OUR FILE NO. 902/6998 Dear Mr. Brandolini Please be advised that this office represents the above named Laurie Lebel.—In that capacity, I am responding to your letter to her concerning issues raised apparently by,members of the Old Kings Highway District Committee. As you know from last year's correspondence to my client, she is an owner in common with others of the property. The only action she has taken with this property has been to attempt to clean the yard, which has been let. go for many, many years and to fix up broken and rotted items on the house. With respect to the fence, it is my understanding that the fence is less than 36 inches and, therefore, does not come under the provision of the Massachusetts Building Code nor is it subject to the Old Kings Highway jurisdiction. On top of that, the fence has been replaced with the fence that was there prior to the clean up. With respect to any other changes, they are simply fixing the existing structure and, as a result, are not subject to any change that would trigger Old Kings Highway approval or jurisdiction. One would.think that, given the number of years that this property was left without any kind of care or maintenance, that the neighbors and the Old.Kings.Highway..would be pleased with the efforts being made by my client. Again,.it.,is.my client's position that,she has taken no action that requires approval by you and/or consideration by the Old Kings Highway. QUIRK AND CHAMBERLAIN, P.C. Mr. James D. Brandolini October 27, 2000 Page 2 Further, my client believes that these issues had been addressed with the Building Department last year and, therefore, no further action is required. Please do not hesitate to call should you have any questions. Very truly yours, QUIRK D CHAMBER I , P.C. J es H. Quirk, Jr. JHQ:jmh TOWN OF YARMOUTH 1146 ROI'TF. 28 SOUTH YARMOUTH MASSACHUSETTS 0266-+--1451 Telephone (508) 398-7231, Ext. 292 — Fax (508) 398-2305 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE VIOLATION NOTICE September 25, 2000 Heritage Research Realty Trust P O Box 170 Hyannisport, MA 02672 As owner of property at 35 Winter Street, Map 132, Lot 70, you are hereby notified to remedy the conditions named below within 14 days of receipt of this notice (Sundays and legal holidays excepted) or show cause why you should not be required to do so. SPECIFIC VIOLATION: Additions to barn and erecting a fence without prior approval OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE Sections 6 & 8, Chapter 40, Acts of 1973 as amended If, at the expiration of the time allowed, these conditions have not been remedied and no cause aforesaid has been shown, such further action will be taken as the law requires. Any objection or inquiry in reference to this notice should be filed before the expiration of time allowed for the abatement of the nuisance. NOTE: A PENALTY OF UP TO $50 PER DAY CAN BE LEVIED FOR EACH DAY THAT THE VIOLATION OCCURS. BY ORDER OF: THE BUILDING DEPARTMENT and OLD KING'S HIGHWAY COMMITTEE 6.A-"4"";.. aBra mes D. ndolini, Building Commissioner For your convenience the appropriate application has been enclosed so that you may clear this violation. Address all communications to: Town of Yarmouth/OKHC, 1146 Route 28, South Yarmouth, MA 02664 or call (508)398-2231 ext. 292 between 8:30am and 4:30pm. Certified mail: P617 047 107 1! .1 Printed on Recycled Paper HERITAGE RESEARCH REALTY TRUST June 8, 1999 Tammy Cunningham Town of Yarmouth Building Department (Att: OKHC) 1146 Route 28 South Yarmouth, MA 02664 Re: Yarmouth Assessor's Map 132, Lot 70 35 Winter Street, Yarmouthport, MA (formerly Map 110, Lot J8) Dear Ms. Cunningham: Thank you for your letter of May 26, 1999. Your letter indicates that you have enclosed a "Certificate of Appropriateness", however, the envelope did not contain anything except your letter. Kindly mail the application to me at your earliest convenience. Please note that the structure on 35 Winter street is not a "shed" but a barn! My family, for over 41 years of my life, raised livestock that lived in this barn. The barn roof shingles have always been the same color they are now, the roof on the main house has been what it is for at Least two decades. I will keep in mind the Old King's Highway suggestion of trying to keep roof colors the same on both structures. In the event I should be of need of your services again I will ask for you directly as you have been very helpful. Once again, thank you for responding to my earlier letter. Ver t my s, L urie P. Snowden-Lebel ustee LPSL/cc /15848 1600 Falmouth Road • Centerville, MA 02632 • (508) 778-4700 Fax (508) 778-2887 TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSEZTS 02664-4451 Telephone (508) 398-2231. Ext. 292 — Fax (70H) 398-2365 OLD KI\G'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE May 26,1999 Laurie P. Snowden-Lebel, Trustee Heritage Research Realty Trust P.O. Box 170 W. Hyannisport, MA 02672 Re: 35 Winter Street Dear Ms. Snowden-Lebel: The Old King's Highway Committee met on Wednesday, May 19, 1999, and reviewed your letter regarding the above mentioned property. The Committee determined the renovations that took place on the shed were routine maintenance, however, it would have been more appropriate for the roof color of the shed to match the roof color of the house. For your convenience, I have included a Certificate of Appropriateness for future exterior alterations that may require an application. If you have any questions, please feel free to contact me at 398-2231, ext. 292. /Sincerely, tit Tammy Cunnin a OKHC Secreta Cc: file h-, Printed on Recvcled Paper HERITAGE RESEARCH REALTY TRUST May 13, 1999 Tammy Cunningham Town of Yarmouth Building Department 1146 Route 28 South Yarmouth, MA (Att: OKHC) 02664 Re: Yarmouth Assessor's Map 132, Lot 70 35 Winter Street, Yarmouthport, MA (formerly Map 110, Lot J8) Dear Ms. Cunningham: I rOwN of YARMoUrH MAY 141999 OLD K1NG'S H1GHWAy I wanted to thank you for your help on Monday. Per your request, I am sending this letter to confirm that the barn that is located at 35 Winter Street, Yarmouthport, has been in existence since before I was born (I am 41 years old). It is hard to believe that anybody from the Town of Yarmouth Building Department would make a visual inspection of the barn and determine that I had violated "OKHRDC - Sections 6 & 8, Chap. 40, Acts of 1973 as amended". I do not believe that anyone actual went to the property because it is obvious that this barn is not new. Furthermore, the exterior of the barn has been re -shingled including the roof with natural shingles that merely replaced the rotted ones. I also replaced rotting shingles on the roof and sides of the house as well. For the record, I intend to re -paint the house white in the immediate future. Prior to any clean-up and repair of this property, I consulted an attorney who advised that I did not need any town approvals for yard clean-up and replacement of existing shingles. I am outraged that your certified letter to me was the result of an unsubstantiated allegation of a "busybody" neighbor. This property has been ignored for over 40 years. As you agreed, the clean-up was a major improvement and, according to you, my efforts to improve the appearance was applauded by Mrs. Grey, Chairman of OKHC. Any questions or comments, please do not hesitate to contact me. Ver y s rie Pen, -Lel, Trustee Htae gme Research Realty Trust LPSL/cc /15809 1600 Falmouth Road • Centerville, MA 02632 • (508) 778-4700 Fax (508) 778-2887 rQJ► G► (2d TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTI I MASSACHL:SETTS 02664-4451 Telephone (508) 398-2231, Ext. 292 --- Fax (:;09) 398-2305 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT CONIMITTEF. May 6, 1999 Heritage Research Realty Trust P.O. Box 170 West Hyannisport, MA 02672 SUBJECT: Notice of Old King's Highway Committee (OKHQ violation. As owner of the property at�'-�YarmouthPort, MA, Map 132, Lot 70 you are hereby notified to remedy the conditions named below within 14 days of receipt of this notice (Sundays and legal holidays excepted) or show cause why you should not be required to do so: OKHRDC - Sections 6 & 8, Chap. 40, Acts of 1973 as amended. Erection of a shed without prior OKHC approval. If at the expiration of time allowed these conditions have not been remedied and no cause aforesaid to be shown, such further action will be taken as the law requires. Any objection or inquiry in reference to this notice should be filed before the expiration of time allowed for abatement of the nuisance. BY ORDER OF THE BUILDING DEPARTMENT & OLD KING'S HIGHWAY COMMITTEE. J es Brandolini, Building Commissioner ddress ail communications to: Town of Yarmouth Building Department (Att. OKHQ 1146 Route 28 South Yarmouth, MA 02664 CERTIFIED MAIL: Z 455 682 755 4V r_..1 Printed on Recycled Paper