HomeMy WebLinkAbout0174 ABBEY GATE /� �,' ,96,be y �aT��
���
�F
i
}y�' �w
C6 �� �0
«f
fozmv-z- -S
v
a0
SS PE.RMITTown of Barnstable *Pe rmit#
O� Expires 6 mo am issue date
Regulatory Services Fee
2 3 2012
9 MASSi639. h. Thomas F. Geiler,Director
TOWN OF BAMSTABLgm Building Division
Perry, CBO, Building Commissioner
200 Main Street,Hyannis,MA 02601 `
www.town.bamstable.ma.us
Office: 508-862-4038 Fax:'508-790-6230
EXPRESS PERMITT APPLICATION - RESIDENTIAL ONLY
Not Valid without Red X-Press imprint
Map/parcel Number 0 (/
Property Address IN AMi y `1�*e e.,O&"r
.� -
Residential Value of Work �G(l�j Minimum fee of$35.00 for work under$6000.00
Owner's Name&Address f lh/'Mfeat
Contractor's Name Telephone Numbe&10 Alf _ Yx/%
Home Improvement Contractor License#(if applicable) 72(,4
Construction Supervisor's License#(if applicable)
❑Workman's Compensation Insurance
. Check ne:
91 f a sole proprietor
❑ I am the Homeowner
❑ I have Worker's Compensation Insurance
Insurance Company Name
Workman's Comp. Policy#
Copy of Insurance Compliance Certificate must accompany each permit
Permit Request(check box).
Re-roof(stripping old shingles) All construction debris will be taken to nLp/Jj�
❑Re-roof(not stripping. Going-over existing layers of roof)
❑ Re-side
#of doors
❑ Replacement Windows/doors/sliders. U-Value (maximum .44)#of windows
*Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Property Owner must sign Property Owner Letter of Permission.
A copy of the Home Improvement Contractors License& Construction Supervisors License is
requir
IGNATURE:
1WPFILEST0RMS1buil ing permit fnrms\EXPRESS.doc
:wised 0701-10
i
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
a 600 Washington Street
Boston,MA 02111
. www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
Name(Business/Organization/Individual): . ,� z/ I/ Ra,-Vo
Address: of "Lll!
City/State/Zip: Tout/70 y2G,Z-4- Phone-#: .;V* . 34�� 11�1*1
Are you an employer?Check the appropriate box: Type of project(required):.
1.❑ I am a employer with -4. ❑ I am a general contractor and I
6. El New construction .
. eyip}ayms(full and/or part-time).* have hired the slab-contractors
2. I am a sole proprietor or partner- listed on the-attached sheet. 7. ❑Remodeling
ship and have no employees These sub-contractors have g. ❑Demolition
workingfor me in an capacity. employees and have workers'
Y P t3' 9. ❑Building addition
[No workers' comp.insurance comp.insurance.
required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their HE Pl g repairs or additions '
myself. [No workers' comp. right of exemption per MGL 12. oof repairs
insurance required.]t c. 152, §1(4),and we have no
employees. [No workers' 13.❑ Other
comp.insurance required.]
*Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
$Contractors that check this box must attached an additional sheet showing the name of the subcontractors and state whether or not those entities have
employees. If the subcontractors have employees,they must provide their workers'comp.policy number.
I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site
information.
Insurance Company Name:
Policy#or Self-ins.Lic.#: Expiration Date:
Job Site.Address: City/State/Zip:
Attach a copy of the workers' compensation policy declaration page'(showing the policy number and expiration date).
Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify under the ins-and penalties of perjury that the information provided above is true and correct
Signature: Date: 3-/�'/�
Phone#: y�,��
Official use only. Do not write in this area,tb be completed by city or town officiaL
City or Town: Permit/License#
Issuing Authority(circle one):
.1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6. Other
Contact Person: Phone#:
. . i
r
Information and Instructions
Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees.
Pursuant to this statute,an employee is defined as "...every person in the service of another under any contract of hire,
express or implied, oral or written."
An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more
of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the
receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the
dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to"operate a business or to construct buildings in the commonwealth for any
applicant who has not produced-acceptable evidence of compliance with the insurance coverage required."
Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for,the performance of public work until acceptable evidence of compliance With the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-contiractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of
insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the
members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the permit or license is being requested,not the Department of
Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy,please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate line.
City or Town Officials
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom
of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Please be sure to fill in the permit(license number which will be used as a reference number. In addition, an applicant
that must submit multiple permittlicense applications in any given year,need only submit one affidavit indicating current
policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in (city or
town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each
year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture
(i.e. a dog license or permit to bum leaves-etc.)said person.is NOT required to complete this affidavit.
The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions,
please do not hesitate to give us a call.
The Department's address,telephone-and fax number:.
The Corumonwealth of Massachusetts
DeparUDent of Industrial A.coid rtts
Office of Investigations
600 Washington*gton Street
Boston,MA 02111
Tel. #617-727-490.0 ext.406 or 1-877-MASSAFE
Revised 11-22-06 Fax# 617-727-7749 r
www.mas5..gov/dia �,
1
�IH Town of Barnstable
Regulatory Services
sABNnwBI�,
Mnes Thomas F.Geiler,Director
1639 Building Division
En Nur►
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-403 8 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, ,as Owner of the subject property
hereby authorize to act on my behalf,
in all matters relative to work authorized by this building permit
(Addy s of Job)
**Pool fences and alarms are the responsibility of the applicant. Pools
are not to be filled before fence is installed and pools are not to be
utilized until all final inspections are performed and accepted.
W' (A h.4111,6j'
Signa e of er a e of Applicant
Print NaLe Print Name
Date
Q:FORM&OWNERPERMISSIONPOOLS
l r.
1
t�
Town of Barnstable
oF Town
Regulatory Services
3AENSTABLE, Thomas F.Geiler,Director
y MA99.
Apr 1639. �.0� Building Division
ED MA'I
Tom Perry,Building-Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
w HOMEOWNER LICENSE EXEMPTION
Please Print
DATE:
JOB LOCATION: �-
number stredl village
"HOMEOWNER":
name home phone# work phone#
CURRENT MAILING ADDRESS:. _ biQdl I nS 174 _44,7
1 d�
city/town s to zip code
The current exemption for"homeowners"was extended to include owner-occupied dwelling of six units or less and
to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as
supervisor.
DEFINITION OF HOMEOWNER
Person(s)who owns a parcel of land on which he/she resides or intends.tn reside,on_which there is, or is intended to
be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A
person who constructs more than one home in a two-year period shall not be considered a homeowner. Such
"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be
responsible for all such work performed under the building permit (Section 109.1.1)
The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other
applicable codes,bylaws,rules and regulations.
The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department
minimum inspection procedures and requirements and that he/she will comply with said procedures and
require ents.
",_A 2:1 'd I j__j
Si6afdr H eowner
Approval of Building Official
Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the
State Building Code Section 127.0 Constriction Control.
HOMEOWNER'S EXEMPTION
The Code states that: "Any homeowner'performing work for which a building permit is required shall be exempt from the provisions
of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such'
work,that such Homeowner shall act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,
Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly
when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed
Supervisor. The homeowner acting as Supervisor is ultimately responsible.
To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, I
that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by
several towns. You may care t amend and adopt such a form/certification for use in your community.
Q:forms:homeexempt '
,yam �e 't°omvnza�z�aeal� a�/�,aaaac�ivaelld .
Office of Consumer Affairs&Bdsiness Regulation License or registration valid for individul use only
HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to:
Registration: s 147262 Type: Office of Consumer Affairs and Business Regulation
Expiration: 6/23/2013 Individual 10 Park Plaza-Suite 5170
Boston,MA 02116
P. CHARY ROMA. .
PAUL ROMA
29 BAY BERRY LANE
COTUIT,MA 02635 Undersecretary of v without signature
�- N1assaci usetts- Department of Public SAO%
Board of.$uildimg Regulations and Standards
Construction Supervisor License
Licenser�CS 103429
Restricted to: 00'
i
PAUL ROMA
P.O. BOX 142
COTUIT, MA 02635
Expiration: 9/30/2013
('ununis.i•mcr Tr#: 103429
•'V ' w� i ' v err .,.... r<'A 'aafr�� •u.:�'�.w
I I •vl��� _ s�I.�.r'rr� �r•.4�'�T�d�a ��e L1011IIOW
HW'1Ifl LOo 3ON3aIS3U NVoon0 ,1061vtlY
i
t
i
wu mwm AN
�. .. `
,
r
I .
I ! •'°'I r I I I I "a I I � .'�r, 'a�'�;�'�i�_, ,�gg.c,;�.; '`�
I I� I I � I �I �&S'•,.r h7 e..:r11>..�xN`!MFv.�.2 `f, ,'
! '• ' II i I
I I I �� I � I I• � I I � i i 'p m �
I ; i I I I 1.}•^^r.oft w.i.fir•.a•.,.r,o I I! I ' ..I I i '
r
{
! vvv-Lin-Loo 3ON30IS38 N`doonQ _ -
• I NYId ONIMVtl3 NOOI! L 13A31
:
I
I
i
' I i
s
.j � � .. .-�.y.^.e•ly.::,. it
!...''......e.
.11
1
4 � L
I I�
NVId ONIMVa3 WOIJ C MA31 .
i
I
l 4
I ,
sue..._..':..?.,- �--•._..�.... r_••.. . •, I � , I
e II 1�' �,S�•N vECR
.I, 1•� •I. jIAMIIT.
......a... ..........1.... •
3 � 1
;I
1 e _ ...
. . I fit.'• , • I .
I
t � i
i
I
Fq)NOATION PLAN,,,
!
I
♦ueawusn � — . � �
RESIDENCE COTUIT,MAI —
MWIT[OT�
Mreu • I
i
t
• 1
1 ..
........................RICK..EIEVAII01,.....................
.c.....n.:.:..�..........r.
. _......_.......... J-...en.r.�r..'u.:r.*..�........�
r
1 ...................
I..T.. ........
k .
............. ........
_...............................__......._... _.. ......... .............
...:�..w.a.,.:.......I
' I FRONT'ELEVATION .. ,•t<
' ✓i F 1 1.
FL......... ..............
-. - �_•—
SECTI011 99
+�DUGGAN RESIDENCE -COTUIT, MA
•�.r....., w....._ ::.emu
VW'1If1_LOo 33N34ISMJ N` Oona i3OD1iwW
...ruva�W NOIlO�35r '
.............................................. ................
o-
� 1 �
I�-...................._..._......1. .... ..
�_._.._..........._..-_..-._._..____ _ NOuyATO W3a
.._..__......._.........._ ...................................... ._........_._....... _..._.._....,_._.............__........, ww,,,,.......-
.......... -_.....................,........... ................................. ............................_.........................................
m..�
NOILVA313 Lai '•-.
-----' —
..................................... ......... .................
i El
.................................. ..............
�. : .:.
IN
:
i -,VW-1In-Loo 3ON34IS3U N` Oona
.I-i.�i s: Y VIU3fll
NYId (tl3AG'Q l MA31 '
Wr
i I E� •
r�
•r
It `• �.
f ti ...... .. . ......o.. .
......... . ....................... o
t
j :il�• - „ d
i �'•:i�14 4 G
1.
. •+%•... -:�—""—"war.___ .._.......... ...- - -'—-'— --.-...._... ... '
f
3 � iE �-
_.. ,_........•
...
TT JJJJ e I i
_ 4-
I
LEVEE. a (um) PLAN
DUGGAN RESIDENCE COTUIT.MA
T
i
I
.�......_.... ...
._-= =
( ��..-
t, .... .: ........
, . I
' Z, t ►:y,' i�
I � 1 � h � •Y0�7. •I �
1 I CIF.
LEVEL 2�PLAN
1 uwy�rao a+
rN
• � J1�,a..v+a•en
{`e.A�1.1 .•r..tin
J ' P M:w-.w• bra•rt.
( ;,gib •^ •— -_ COTUIT,MAR a
DUGGAN RESIDENCE a.�
.a�w�oa4 ±� � •I: t
TOWN OF BARNSTABLE
CERTIFICATE OF OCCUPANCY
PARCEL ID 021 041 GEOBASE ID 951
ADDRESS 174 ABBEY GATE PHONE
Cotuit ZIPt
LOT 15 BLOCK LOT SIZE
DBA DEVELOPMENT DISTRICT CT
PERMIT 24280 DESCRIPTION SINGLE FAMILY DWELLING (PMT-416835
PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY
CONTRACTORS: Department of Health, Safety
ARCHITECTS: and Environmental Services
TOTAL FEES:
BOND. . $.00 - _ \
'CONSTRUCTION COSTS $.00
756 CERTIFICATE OF OCCUPANCY
+ BARNBTABLE, #
MASS.
OWNER DUGGAN, RICHARD E & JOA 1639.
ADDRESS 150 ABBEY GATE LANE FD MIS
COTUIT MA f
BUI N
BY
DATE ISSUED 07/09/1997 EXPIRATION DATE AI
r. 4,
. TOWN OF BARNSTABLE
BUILDING PERMIT �>
PARCEL ID 021 041 GEOBASE ID 951
ADDRESS 174 ABBEY GATE PHONE
Cotuit ZIP -
, LOT 15 BLOCK LOT SIZE
DBA DEVELOPMENT. DISTRICT CT
: PERMIT 16835 DESCRIPTION SINGLE FAMILY DWELLING (SEW-PMT-095-120)
, PERMIT TYPE BUILD TITLE, NEW RESIDENTIAL BLDG PMT
I
CONTRACTORS: Department of Health, Safety
: ARCHITECTS:
and Environmental Services
TOTAL FEES: $372.00
BOND $.00 Ox
CONSTRUCTION COSTS $120,000.00
i
i
101 SINGLE FAM HOME DETACHED 1 PRIVATE P.' HAMSTABM
;
MAM �►
OWNER DUGGAN, RI.CHARD E & JOA : _ �Ep 39.
ADDRESS . 1,50 ABBEY GATE LANE
COTUIT MA BUILDING DIVISION-
BY
DATE ISSUED 07/25/1996 EXPIRATION DATE
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN-
CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR
ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS
PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND
FOR ALL CONSTRUCTION WORK: WHERE APPLICABLE, SEPARATE
1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR
2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH-
(READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS.
3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
4.FINAL INSPECTION BEFORE OCCUPANCY.
VISIBLEPOST THIS CARD SO IT IS
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
_... .
16;0
:�•f 24'C41,�
2 fi,r+a L ���• 2
3 H TING INSPECTION APPROVALS GINEERIN �EEPAA TMEN
2 "'�- ''j ^ 9 BOARD 0
OTHER: SITE PLAN REVIEW APPROVAL
Fj & �• 5wwtc 5
.WORK SHALL OT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS
THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY
VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA-
T ON. NOTED ABOVE. TION.
d���� 79062,2-7
U. ILD. ING
_
I .
I
I
I PER .MIT
I
I .
I
I .
I
I '
I
I
I •I ,
I
I ,
I .
I
I s
I;
I y
I
I .
I
I •
I
I
I � ^
I •
I r
OS, �.
ti Engineering Dept.(3rd floor) Map L4, cA/ Parcel�j Permit#
House# FJ S Date Issued
Board of Health(3rd floor)(8:15 -9:30/1:00-4:30) Fee '
Conservation Office(4th floor)(8:30-9:30/1:00-2:00) 91 Z
Planning Dept.(1st floor/School Admin. Bldg.) �a ^�
De ' lan Approved by Planning Board 19 _ M = �
BARN AH
TOWN OF iA&ST24LE
Building Permit Application
Project Street Address 174 Abbey Gate Lane Cneu L.T-
Village Cotuit, MA 02635
Owner Richard E. & Joan M. Duggan Address 150 Abbey Gate Lane, Cotuit PIA 02635
Telephone (508) 428-7362
Permit Request For the construction of a single family, two story, three bedroom, two and
one-half bath homt-a'r 174 Abbey Gate Lane, Cotuit.
First Floor 1520 square feet Second Floor 655 square feet
Construction Type Wood Frame
Estimated Project Cost $ $120,000
Zoning District RF Flood Plain No Water Protection GP
Lot Size 0.49 acres Grandfathered ❑Yes ❑No
Dwelling Type: Single Family ® Two Family ❑ Multi-Family(#units)
Age of Existing Structure N/A Historic House ❑Yes ❑No On Old King's Highway ❑Yes ®No
Basement Type: (3 Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) - Basement Unfinished Area(sq.ft) 1272 s.f.
Number of Baths: Full: Existing _ New 2 Half. Existing _ New
No.of Bedrooms: Existing - New 3
Total Room Count(not including baths): Existing - New 7 First Floor Room Count 5
Heat Type and Fuel: M Gas ❑Oil ❑Electric ❑Other
Central Air U Yes ❑No Fireplaces: Existing - New - Existing wood/coal stove ❑Yes ❑No
Garage: ❑Detached(size) - Other Detached Structures: ❑Pool(size)
❑Attached(size) 480 s.f. ❑Barn(size)
® ❑None ❑Shed(size)
1
❑Other(size)
Bk 9734, Pg. 174,
Zoning Board of Appeals Authorization Lk Appeal# 1995-56 Recorded❑
Commercial ❑Yes [3No If yes, site plan review#
Extension _ Bk. 10228, Pg. 87
Current Use Proposed Use
Builder Information
Name Richard E. Duggan Telephone Number (508) 428-7362
Address 150 Abbey Gate Lane License# 009263
Cotuit, MA 02635 Home Improvement Contractor#
Worker's Compensation#
NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS
PROPOSED STRUCTURES ON THE LOT.
ALL CONSTRUCTION DEBRIS RE TING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATkGPEZ
DATE 71Z��g6
BUILDIPDENI rR HE FOLLOWING REASON(S)
� '
��\a�°
�.�<,�
..
r
1
i
._ _ _ � ��
1
• V , r i
FOR OFFICIAL USE ONLY
PERMIT NO.
DATE ISSUED
MAP/PARCEL NO.
VILLAGE
ADDRESS
OWNER
DATE OF INSPECTION:
FOUNDATION
FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGH
• FINAL
PLUMBING: ROUGH
FINAL
GAS:
ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT
ASSOCIATION PLAN NO.
Assessor's office (1st floor): l THE
Assessor's map and lot number. ...........................
Board of Health (3rd floor): �
Sewage Permit number• � .... .. ...... SEPT►
>....... C SYSMM 9?ADLL.
a
Engineering Department (3rd floor): INSTALLED +�9•
Housenumber ........................................................................ NP a`e
Definitive Plan Approved by Planning Board ________________________________19-------- ����11 7ME5
APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only ENVIRONMENTgLTOW CODE AND
TOWN OF BARNSTAB �' uLAT'a"3
BUILDING INSPECTOR
APPLICATION FOR PERMIT TO ..S.ING.LE...FAMILY..INELLIN0..............................:..................................
TYPEOF CONSTRUCTION ....WOOQ.......................................:..............................................................................
.....................3........................19....9 4
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location .....LOT..#.15..A11b►�►�ddb��.ey....Gate...Road..-...Cotuit.,...Ma......02635..................................:.........:....................
Proposed Use .....Si.U91 e...F,aI1 ily........:..............
.......................................................
..........................................................
Zoning District .....:.............................................:....................Fire District
Name of Owner ....R.i r,.hard...Duggan.............................Address ............COTU.IT.,...Pad..............................................
Name of Builder ..J.OS.epb,...P......Rreell...........................Address .,38.21...Rt.,.AZ8........Mara ton S...mills.....Ma.
Name of Architect ...Lue.Gb.auer...Hrandan...................Address .'...W....FalmQvth.,...Ma................:............:.........
Number of Rooms ...................7.............................................Foundation ......Poured-Concrete—...........................
...
Exterior ....W./.C./.5:.................................................................Roofing ....ASphalt..............................................................
Floors ....... ak,.....C.arpe.t....V.inyl................................Interior ....Plaster...............................:.............................
Heating ...F...H.W...................................................:...............Plumbing ..2=l/2..Ba-.t1m...................................................
Fireplace ...ONE... 1.. ....................................................Approximate Cost ....115.,.00.0...0.0......................................
Area ..........................................
Diagram of Lot and Building with Dimensions Fee` ...................................
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name .. ....�:.........
Construction Supervisor's License ........Q0.456.0.............
No .. ......... Perm'It for ....................................
.........................................................................
Location .................................................................
................................................. .............................
Owner,•
Type of Construction ...........................................
...............................................................................
Plot ............................. Lot ................................
Permit .Granted ........................................19
Date of,Inspection .....................................19
Date Completed .....................................19
+F
Town of Barnstable . i
Zoning Board of Appeals B:
• BMWSfABI.E. • Planning Department
9� Masa $ 230 South Street,Hyannis,Massachusetts 02601
039.
'OTEp (a�e (508)790-6225 Fax(508)790-6288
May 23, 1996
i
Mr. & Mrs. Richard Duggan
150 Abbey Gate Lane
Cotuit, MA 02635
RE: Extension of Variance Number 1995-56 --Richard and Joan Duggan
Property Address: 174 Abbey Gate Lane, Cotuit, MA
Map 021/Parcel 041.
Dear Mr. & Mrs. Duggan:
At the Public Hearings of May 22, 1996, the Zoning Board of Appeals took up the matter
of your correspondence dated April 25, 1996 for an extension of time for implementing
Variance Number 1995-56.
In accordance with MGL Chapter 40A, Section 10, Variances, a motion was duly made
and seconded to grant a six (6) month extension of time to implementing the variance.
The extension shall begin on May 30, 1996.
The Vote was as follows:
AYE: Ron Jansson, Richard Boy, Elizabeth Nilsson, Tom DeRiemer, and
Chairman Gail Nightingale.
NAY: None
Respectfully,
Ga Nighting e, &airman
Zoning Board of Appeals
I
cc: Building Commissioner
File number 1995-56
3 ' The Co►m anN'Cl►ltl► of Alassachusettti
Department of Industrial Accidents
/
t Office ofioFesUffatloos
60f1 H'ashia�;ton Street
Boston, Alas. 02111
Workers' Compensation Insurance Affidavit
�nnitc^nt tntormatton• 7-' " Please PRINT•le��j� •
nam • Richard E. Duggan
150 Abbey Gate Lane, C' (Project location - 174 Abbey Gate Lane, Cotuit, MA 02635)
locition•
Cotuit, MA 02635
61%, nhone fi
1 am a homeowner performing all work myself.
1 am a sole proprietor and have no one working in any capacity
.t}.:.'^.q^oa�Y^^?P°'.-:-aL-:.» �;'+T�'c1"""'!'°1V.xf'"��.,. ^'7!ir...��p,." _ '^.`:.:,��3y'�'^!.".�►.'.cG_..�,,....�„-�......,.,v•...<.
I am an employer providing workers' compensation for my employees working on this�•job.
comlinn•name:
•tddrets•
city: nhnne#•
insurance co polio,#
Ti
1 am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have
the following workers' compensation polices:
� company name-
Contractors not yet hired. Evidence of workers' compensation policies will
e urnis a as contractors and subcontractors are hired.
address:
eih phone#:
insurance co policy#
�.... a...,. ....,._. ....— �.e: _ a�•or-- -.:�:iri�.V--- --
c6mpin•name-
address:
cih•• phone#•
insurance co Rolicy#
_
.Attach aJJi_tional sheet if necessa..._ :::.:• w�-:-a.-�°a`•�•��'r;xrr.�r_•-••;�•: :-;. ..' """�'!�•" ,�' _ri•:�'=�""�"
Failure to secure coverage as required under Section 25A of NIGL 152 can lead to the imposition of criminal penalties of a fine up to$1.500.00 and/or
one years'imprisonment as well as civil a 'es in the form of a STOP NVORK ORDER and a fine of S100.00 a day against me. 1 understand that a
copy of this statement may be forwar d tot 0 ce of Investigations of the D1A for coverage verification.
1 do hereby certify laid apt ' ntt penalties of per)un'that the information provided above is true and correct..
Si=nature Date
Print name chard E. u an Phone# (508) 428-7362
r. c.t%
Ticial use only do not%rrite in this area to be completed by city or town official
or to,
permitilicense# rnBuilding Department
OLiccnsing Board
I Q check if immediate response is required pScicctmen's Office
[3licalth Department
contact person: phone#; nOthcr
Irevised J;o;P1AY '
Information and Instructions
Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers* compen.s ition for their
employees. As quoted from the "law". an empl(tvee is defined as every person in the service of another under, anv
contract of hire, express or implied, oral or written. .
An etnplurer is defined as an individual, partnership, association. corporation or other legal entity. or any two or more of
the foregoing engaued in a joint enterprise, and including the legal representatives of a deceased employer, or the
receiver or trustee of an individual , partnership, association or other legal entity, employing employees. However the
owner of a dwellinu house having not more than three apartments and who resides therein, or the occupant of the
dwelling house of another who employs persons to do maintenance , construction or repair work on such dwelling house
or on the urounds or building appurtenant thereto shall not because of such employment be deemed to be an employer.
MGL chapter 152 section 25 also states that even, state or local licensing agency shall withhold the issuance of-
renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required.
Additionally, neither the commonwealth nor any of its political subdivisions shall enter into any contract for the
performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have
been presented to the contracting authority:
a `, .:`;, e.Y. ::y.;. r:• :ir.^.nl:.r
Applicants
Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and
suppiyin- company names. address and phone numbers as all affidavits may be submitted to the Department of
Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The
affidavit should be returned to the city or town that the application for the permit or license is being requested,
not the Department of Industrial Accidents. Should you have any questions regarding the "law" or if you are required
to obtain a workers' compensation policy, please call the Department at the number listed below.
Cifv or Towns
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of
the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please
be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to
the Department by mail or FAX unless other arrangements have been made.
The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions,
please do not hesitate to ;ive us a call.
r..a.a,.,n:..-....,......_,__,^-..-,.,-�:-•. _.-�.-.rw.+w•.. �......-,�c.. ....�+.+�n! +{�..o..,.-o•.�e..,►w--'-".r�wn�.s..i.+e�+�'•-re-..vn�.+�c►....P..�...aw•
,
The Department's address, telephone and fax number:
The Commonwealth Of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 «'ashington Street
Boston,Ma. 02111
fax #: (617) 727-7749
phone #: (617) 727-4900 ext. 406, 409 or 375
6T �omvr za uuea�/ a�./�avaac�
DEPARTMENT OF PUBLIC SAFETY r
CONSTRUCT-ION SUPERVISOR LICENSE
4
Nutie=v== Expires
;�RestrFlcted�To� >.`00
RICN.AR0 E DUGGAN
�`uJD�" D- , � 1SO�ABBE1' GATE NA/
COTUIT, NA 02635
J
DATE( MIDDIYY� '
AC OR
�fu,,.-ry0114
a Ht.r..�.
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION .
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
GERMANi INSURANCE AGENCY HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12 PARKER ROADALTER JHE COVERAGg AFFORDED By jHE POLICIES Q LOW.
PO BOX 832 .COMPANIES AFFORDING COVERAGE
OSTERVILLE,MA 02656 COMPANY
A THE MARYLAND INSURANCE CO.
INSURED ! COMPANY THE TRAVELERS INSURANCE CO.
RILEY CONSTRUCTION, INC. B
P.O. BOX 382 COMPANY
OSTERVILLE, MA 02656 C — -
COMI'ANY
' •`L L. ° h ,•,! o Il „ °, •t+l,Z:I { ,} fr•rr.6::r.,l-;'I•i I , ... i t,
,... ,1r; �- .�. ,:��t .k: .r;- 1:.a ... .•I•, �$� : mp
h
,{ fiF,r.:. �)t h.,<`IiJ4 5!:-uilil �'r1)�h4-.�irll4 -..}-;a�I r.�a d4.;t!I, F'uIS,'ti�I'� ...:.. �rll� ��'tllll :::,-.a1�1��. ���..:.:tKI,F,{�N y�..:.::-,a,.1:{JS 1.�..._::•`:,::.r.#c)hFk�dfr:�......,..�� S.afifi•,•;.•,�::=,-;w:
11115 IS TO CERI 11 Y THAT THE POLICIES OF INSURANCC LISTED BELOW IIAVC LLI.:FN ISSUED TO TIDE INSURED NAMED ABOVE FOR THE POLICY NL'ft1C>L)
INDICATED.NOTWI'I H$TANDING ANY I'tI=l1UIREMENT,1'LIZM OR CONDITION OF ANY CONTRACT OR OTI IER OOCUMFNT WITH RESPECT TO WI(ICE(T HIS
I Ft-RTIFICAT'L•MAYBE ISSUED Olt MAY PERTAIN,I1JL'• INSURANCE AFFORDED U Y THE POLICIES DESCRIBr--L)HI REIN IS SUBJECT TO ALL TI'IL'1 t-AiMS,
FXC,LtJSIUNS AND CONDITIONS 01`SUCH POLICIES,LIMITS SHOWN MAYrI'IAVL•BEEN REDUCED BY PAID CLI�IMS.
,
CO TYPE OF INSURANCE POLICY NUMBER 1 POLICY LFFECTIVE I POLICY EXPIRATION I LIMITS
LTR i DATE(MMfDDfYY) PATE(MMIDDIYY)
GfiNFRAL LIABILITY GrNERAL AGGREGATE S. $1,000,000
Al CFM 28832377 5-2-96 5-2-07
X. COMMFRCIAL GENERAL LIABIL ITY PRUOUC 1 s-COMP/0P AGG s
_I CLAIM%MADE I OCCUR • I PERSONAL&AITV INJURY I$
UWNFk,$R r.ONTRACTOR'B PROT! FAr.I I OCf:I1RRrNCt I'$ $500,000
1
FIRE DAMAGE (Any ono(ire) I s
RE
I MED FXP (Any onu pofaorF) $
! AUTOMOBILE LIABILITY i I COMDINCD SINGLE LIMIT $
ANY AUTO
- +ALL OWNED AUTOS DODILY INJURY IS
SCHEDULED AUTOS (Porporson)
HIREDAUTOS BODILY INJURY $
NON•OWNEDAUTOS (Petecclaen)
PROPERTY DAMAGE $
I GARAGE LIABILITY I AVTO ONLY-EAACCIOENI S
i ANY AUTO OTHER THAN AUTO ONLY:
I EACH ACCIDENT $
AGGRFGATF $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM I AGGRfGATf. $
OTI IER TI IAN UMBRELLA FOkPA $
tr'r.sTATIJ- oTN.
WORKER'S COMPENSATION AND I r I TORY!.1611ITA FR '
B I 7PUB-16DX343.6-96 19-fl6 5-19-97 1
EMPLOYERS'LIABILITY i I 1 EL EACII ACCIDENT $ $100,000
THE PRoakati'ow I INCI. I EL DlsensE-POLICY LIMB S $500,000
PARTNFRB/£x£CUTIVI:
OFFIGL'HS AkL: I I excL• I FL I�ISF:ASI"•r.A GM-PI.OYrr.I $ $100,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS
` r hi v tt trurr..,r •',i{Gl; ,I1e'h{>!d � °( i�, + MEN, . „e ) ,''d),�s°r r t-U r..' ! r n virertrs i x-:7RUMh ;
t�
MINOR �' . . ,l
'll � ... :.�' u � ✓�5,1.,, �7b !7IIIra��tra.!i r. I. 1LY.-.J:.......,.1:_
SHOULD ANYOF THE A13OVE DESCRIBED POLICIES BE CANCELLED 09FORU THI-.
EXPIRATION DATE THEREOF, THE ISSUING COMPANY Wit.(- BNnFAVOR TO MAIL
HARD DUGGAN 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
RIC
R IC ABBEY GATE BUT FAILURE TO MAIL SUCH NOTICE$HALL,IMPOSE NO OBLIGATION OR LIABILITY
COTUIT,MA 02635 or ANY KIND UPON THE OMPANY ITS AGENTS OR REPRESENTATIVES,
AUTHORIZ EPRESENTA I
:, ,I i.,.. ..),r,::•k •�:F:'�IA{ �L I -•,lu ,:;x{,,.:�I-It{�, .�f��I`2f t:'i�'�(};z•�a�{�>�fl�� i�,.��r, .xtt�'��a��(�r �tY�)�;,�rtir��r�'ii.3,�tx «�,f�, -f�:,���,'P�"`�?(��c '�,`�Z��f:�'��'::,17 ��1 �(,..f(<A'�I'"�1"•`� 7 t1I 2'( li,.,°,r},I� .di!#1;.- 1'y., 1+. b
t
Town of Barnstable
t
Zoning Board of Appeals
Decision and Notice Y 3�
Appeal Number 1995-56 --Duggan P3 55
Variance-Bulk Regulations, Minimum Lot Area
Summary: Granted
Applicant: Richard E.and Joan M. Duggan
Property Address: 174,Alitiey Gate�Lane; Cotuit, MMA
Assessor's Map/Parcel: 021-041 Area 0. - i4cres
Zoning: RF-Residential F District
Groundwater Overlay: GP Groundwater Protection District
Appeal No. 1995-56 Variance to Section 3-1.4(5) Bulk Regulations, Minimum Lot Area to permit an
undersized lot to be considered buildable
Background:
Richard E. and Joan M. Duggan are seeking a zoning Variance to Section 3-1.4 (5) Bulk
Regulations, Minimum Lot Area to permit an undersized lot to be considered buildable. They are
also seeking an Appeal of the decision of the Building Commissioner(Appeal No. 1995-57).
The Variance from the minimum lot area is to permit an undersized lot(Map Lot No. 021-41) of 0.49
acres to be buildable. It should be noted that the neighboring lot under common ownership, Lot No.
43, is developed and is 1.04 acres and conforms to the present zoning in terms of area. Lot No. 43
is a combination of original Subdivision Lots 16 and 17.
The lot in question (Lot No. 41)was created by the 1973 Subdivision No 269, "Kings Grant". That
subdivision was approved prior to the change in zoning to one acre in Cotuit. The preliminary plan
was submitted on January 22, 1973, and the definitive was approved on May 31, 1973. In between
those dates, zoning was changed from RD to RF, and a one acre lot size required approved (Town
Meeting Article 159- March 29, 1973.)
Subdivision Lots No. 15, 16, and 17 were released from the Planning Board covenant on August 08,
1974. According to information supplied by the applicant, the combined subdivision lots 16 and 17
were transferred from separate ownership into one buildable lot(No. 43) prior to the 7 year
limitation imposed on the subdivision. The undersized lot, Subdivision Lot 15 (No. 41)was also
transferred into separate ownership prior to the end of the 7 year grandfathering of the subdivision.
The problem occurred on December 8, 1986, when Lot 41 was transferred into the ownership of the
petitioner, who already owned the neighboring developed Lot 43 (1.04 acres). Under State and
Town zoning, the undeveloped lot would have ceased to be buildable at the instant title was
transferred into common ownership with the contiguous lot. The five years grace period
(grandfathering) allotted contiguous lots under common ownership after a zoning change expired in
1978; the subdivision-grandfathering expired in 1980.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
March 24, 1995. A public hearing held 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 on May
17, 1995 at which time the Board found to grant the appeal with conditions. Board members sitting
M '
Zoning Board of Appeals
Decision and Notice Appeal Number 1995-56—Duggan
sitting on this appeal were: Richard Boy, Ron Jansson, Emmett Glynn, Gene Burman and
Chairman Gail Nightingale.
Attorney Richard Duggan represented himself. He explained that he purchased Lots 16 and 17 of
the subdivision together as his home lot. His dwelling was built over both lots and the two lots
then functioned as one. Together,they contain slightly over the one acre required under zoning.
The Duggans then purchased for$87,000 a third subdivision lot, Lot 15, and kept it vacant. It was
purchased with the intent of future development. The Duggans discovered when they went to get
the building permit that the undersized lot had been merged with the adjacent house lot under the
common ownership provisions of zoning. During the period since it was first purchased by the .
Duggans, the land was assessed as a developable lot and the taxes were paid.
Attorney Duggan then addressed the conditions necessary for a variance as related to the appeal.
The shape of the lot is a key factor in granting of Variance relief. This lot is a triangular shape
overlooking the salt marsh. This land's location, overall topography and slope do not encourage it
to be used in conjunction with the primary developed lot. The lot has very steep topography and
practical access is only available from the cul-de-sac. No relief from side yard setbacks is
required for the lot to be buildable.
The Board requested public comment. The president of the Kings Grant Architectural Committee,
a committee of the subdivision Homeowners Association, spoke against the lot being developed.
He cited the style and positioning of the home, which did not comply with the subdivision
covenants. The president of the Homeowners Association also spoke in opposition, noting that
one acre zoning should be enforced and that granting of relief to this tot would not be in keeping
with zoning in this district.
John and Gail Martin cited the covenants and noted that property values would decline if the
covenants are not respected. They stated that the proposed house is too large for the small lot.
John Martin cited that the location of the structure would block their view of the marsh and have a
significant impact on the value of their home. Steve Geddis was also in opposition, citing the
impact of the structure on the neighborhood as his reason. A letter from Frank and Patricia Smith
that opposed the granting of relief or overriding of the Building Commissioner s decision was read
into the record.
Charles Wellington favored the granting of relief, citing that the lots were created and sold with the
intent to be developed with single family dwellings. They should be developable.
Joan Duggan addressed the Board stating that when the lot was purchased,the Duggans planned
to build a home there, but due to changing economic conditions,they were only now developing
plans and seeking permits. Attorney Duggan noted that the subdivision covenants have nothing to
do with the issues of buildablity of the lot.
Finding of Facts:
Based upon the testimony given during the public hearing on this appeal,the Board unanimously
found the following findings of fact:
1) The lot is irregular in shaped. It is triangular.
2) Most of the neighboring lots are of equal size, one-half acre
3) The topography and shape of the lot are unique to this lot and only this lot. Most of the other
lots in the vicinity are relatively square.
4) Granting of the relief would.not be in derogation of the spirit and intent of the Zoning
Ordinance nor would it be substantially detrimental to the neighborhood.
2
Zoning Board of Appeals
Decision and Notice Appeal Number 1995-56—Duggan
Decision:
Based upon the positive findings a motion was duly made and seconded to grant the Variance
requested in Appeal No. 1995-56 with the following condition:
1. The petitioner shall comply with all Town of Barnstable Rules and Regulations of the Board of
Health and Building Code as applicable for the construction of the dwelling.
The Vote was as follows:
AYE: : Richard Boy, Ron Jansson, Emmett Glynn, Gene Burman and Chairman Gail Nightingale
NAY: None
Order:
Appeal Number 1995-56 has been granted. This decision must be recorded at the Registry of
Deed for it to be in effect. The relief authorized by this variance 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 To Clerk,
G II Nightingale, airman Date Signed
I Linda Leppanen, 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 19 under the pains and
penalties of perjury.
Linda Leppanen, Town Clerk
3
LE
• TOWN OF BARNSTA, •.ZONING BOARD OF APPEALS
MEETING'OF MAY 17, 1995
NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE
To all persons deemed Interested or affected by the Board of Appeals,under Sec. 11
Chap.40A of General Laws of the Commonwealth of Massachusetts and all amendme(
thereto,you are hereby notified that:
APPEAL NO. 1995-54 Getman
Damon Getman has petitioned the Zoning Board of Appeals for a.Variance to Section 3-•
(5)Bulk Regulations,Minimum Setbacks,Front and Side Yard,to allow for the construct:
of an addition to the existing house not in conformance with-the required setbacks. T
property is referenced on Assessors Map 118.as Parcel 099.commonly addressed 3
Tower Hill Road,Osterville,MA in a RC Zoning District.
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7.30
j APPEAL NO. 1995-55 Grieco' ,':.,.
Diane B.Grieco has petitioned the Zoning Board of Appeals fCr aVariance to the Zoni.
Ordinance,Section 34.1(5)Bulk Regulations,Minimum Lot Area,to permit two contiguo
undersized lots to.be considered separate and each buildable. These properties are sho%
on Assessor's Map 251.as Parcel 009,and Map 250-Parcel 121,and commonly address(
as 627 and 611 Phinney's Lane,Centerville,MA in a RD-12oning District
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:45 P.M.
APPEAL NO. 1995 56 Duggan
Richard E.and Joan M.Duggan have petitioned the Zoning Board of Appeals fora Varian:
to the Zoning Ordinance,Section 3-1.4(5)Bulk Regulations,Minimum Lot Area to permit;
undersized lot to be considered buildable. The property is shown on Assessor's Map 02
as Parcel 041.commonly addressed as 174 Abbey Gate Lane,Cotuit.MA in a RF Zonir
District. .:-
A PUBLIC HEARING WILL BE HELD ON THIS PETITION�AT 8:00 P.M.
APPEAL NO. 1995-57 Duggan �a;x:*-< -,..�,.•.. ::;;;-;r:ur
Richard E.and Joan M.Duggan have appealed to the Zoning Board of Appeals in accordant
with MGL Chapter 40A,the decision of the Building Commissioner not to Issue a buildir
permit for a single.family dwelling. The Building Commissioner has ruled that the undersize
lot does of meet the one acre requirement of zoning,nor does it have the'grandfathe
benefits afforded under MGL Chapter40A,Section 6 nor the Zoning Ordinance with respec
to Section 4-4.5 non-conforming lots. The property is shown on Assessors Map 021.
Parcel 041. commonly addressed as 174 Abbey.Gate-Lane, Cotuit, MA in a RF Zonin
District.
A PUBLIC HEARING WILL.BE HELD ON THIS APPEAL AT 8:05 P.M.
APPEAL NO.:1995-58 Winsor
David M. and Mary Ann Winsor have petitioned the Zoning Board of Appeals for a Us
Variance to the Zoning Ordinance,Section 2-3.1. Conformance to Use Regulations an
Section 3-1.1(1)Principal Permitted Uses to permit retail sales of gifts and antiques frond a
accessory building.The subject of this petition is commonly known as The Picket Fence gift
and antiques•and is shown on Assessors Map 351,as Parcel-046,commonly addresse•
4225 Main Street(Route 6A)Cummaquid MA in a RF-2 Zoning District
A PUBLIC HEARING WILLBE HELD ON THIS PETITION AT 8:15 P.M.
APPEAL NO.1995-59 Shell Oil Company
Shell Oil Company has petitioned the Barnstable Zoning Board of Appeals for a Variance tc
Section 4-3.7(3)signs in a Highway Business District to allow for a greater number and area
of signage than permitted underzoning. The property is shown on Assessors Map 269,w
Parcel 3,and commonly addressed 577 West Main Street,Hyannis,MA in a HB Highwa:.
Business Zoning District. ;. _ 1_-->;c
A PUBLIC HEARING WILL BE HELD ON THIS PETMON AT 8:30 P.M.V
APPEAL NO. 1995-60 Shell Oil Company
Shell Oil Company has petitioned the Barnstable Zoning Board of Appeals for a Variance tc
Section 3-3.6(5).Bulk Regulations Minimum Front Yard Setbacks and Section 3-3.6(6
Special Screening Standards to permit the construction of an overhead canopy and an
addition to the existing structure. The property is shown on Assessors Map 269,as Parce'
3,and commonly addressed 577 West Main Street.Hyannis,MA in a HB Highway Business
Zoning District.
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:35 P.M. �:-
APPEAL NO. 1995-61 Shell Oil Company - '.. .. . .i:
Shell Oil Company has appealed to.the Barnstable Zoning Board of Appeals for a Speciai
Permit in accordance with Section•3-3.6(3)Conditional Use for Retail Sales to allow a mini
mart convenience store to be added to the gas station:'The property is shown on Assessors
Map 269,as Parcel 3,and commonly addressed 577.West Main Street,Hyannis,MA in a
HB Highway Business Zoning District ,; ::.
A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 8:40 P.M. .
APPEAL NO,1995-62 Shell Oil Company
Shell Oil Company has appealed to the,Barnstable Zoning Board of Appeals for Special
Permit in accordance with Section 4-4.2 Change of.a Non-Conforming Use to expand the
existing carwash.The property is shown on Assessors Map 269,as Parcel 3,and commonly
addressed 577 West Main Street,Hyannis,MA in a HB Highway Business Zoning District.
A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 8:45 P.M.
These public hearings will be held in the Hearing Room:Second Floor,New Town Hail,367
Main Street. Hyannis. Massachusetts on Wednesday May 17, 1995. All plans and
applications may be reviewed at the Zoning Board of Appeals Office in the Planning
Department,230 South Street,Hyannis,MA.
Gail Nightingale.CHAIRMAN
ZONING BOARD OF APPFALS'
The Barnstable Patriot
May 4 8 May 11. 1995
PAR: R021 041. PAR: R021 105. PAR: R021 027.
KEY: 9519 TAX CODE:200 KEY: 10151 TAX CODE:200 KEY: 9378 TAX COOE:200
DUGGAN, RICHARD E & JOAN M BARNSTABLE. TOWN OF (CON) MCNAMARA. ROSEMARY S &
150 ABBEY GATE LANE CONSERVATION COMMISSION 175 ABBEY GATE RD
COTUIT MA 02635-0000 367 MAIN ST COTUIT MA 02635-0000
HYANNIS MA 02601-0000
PAR: R021 026. PAR: R021 025. PAR: R021 043.
KEY: 9369 TAX CODE:200 KEY: 9350 TAX CODE:200 KEY: 9537 TAX CODE:200
CHENG. NIE—LIH BREDICE. JOHN V DUGGAN# RICHARD E & JOAN M
3o MIANUS DRIVE 143 ABBEY GATE 150 ABBEY GATE LANE
BEDFORD NY 10506-0000 COTUIT MA 02635-0000 COTULT MA 02635-0000
PAR: R021 055. PAR: R021 056. PAR: R021 057.
KEY: 9653 TAX CODE:200 KEY: 9662 TAX CODE:200 KEY: 9671 TAX CODE:200
BEARSE♦ SANDRA A MITROKOSTAS. SPYRO FAYNE. FRANCIS JR & JOAN M
7 CLOVER HILL RD 135 ST ANDREWS OR 26 BUCKINGHAM WAY
SUTTON MA 01590-0000 MASHPEE MA 02649-0000 COTUIT MA 02635-0000
PAR: R021 044. PAR: R021 058. PAR: R021 040.
KEY: 9546 TAX CODE:200 KEY: 9680 TAX CODE:200 KEY: 9500 TAX CODE:200
SANSONE, PETER M & BRENDA DULAK. HELEN J HOLMGRENe JOHN K TRUSTEE
29 BUCKINGHAM WAY 38 BUCKINGHAM WAY J K HOLMGREN FAMILY TRUST
COTUIT MA 02635-0000 COTUIT. MA 02635-0000 1308 BELMONT STREET
aROCKTON MA 02401-0000
PAR: R021 072. PAR: R021 073. PAR: R021 039.
KEY: 9822 TAX CODE:200 KEY: 9831 TAX CODE:200 KEY: 9494 TAX CODE:200
CASEY. JAMES M & GLORIA C SILK. ROBERT A & DOROTHEA T MCCULLOUGH. JACK A & ALYCE
134 OXFORD OR 145 WILSON ST 149 OXFORD DRIVEE
COTUIT MA 02635-0000 NORWOOD MA 02062-0000 COTUIT MA 02635-0000
PAR: R021 038. PAR: R021 074. PAR: R021 075.
KEY: 9485 TAX CODE:200 KEY: 9840 TAX CODE:200 KEY: 9859 TAX COOE:200
GEDDIS, STEVEN R & KATHLEEN BLACKMAN, BRUCE D & DONNA M TOOMaS, DANIEL L & GEORGIA
161 OXFORD DRIVE 160 OXFORD DRIVE 4 MEADOW DR
COTUIT MA 02635-0000 COTUIT MA 02635-0000 LITTLETON MA 01460-0000
PAR: R021 037. PAR: R021 036. PAR: R021 076.
KEY: 9476 TAX CODE:200 KEY: 9467 TAX CODE:200 KEY: 9868 TAX CODE:200
MARTIS, JOHN R & GALL G DUNCKLEE, OOROTHY.F KOWALS KIP CARL F & CAROL A
P 0 BOX 573, 175 OXFORD DR 187 OXFORD DR 44 SIMMONS AVE
COTUIT MA 02635-0000 COTUIT MA 02635-0000 WHITMAN MA 02382-0000
PAR: R021 077. PAR: R021 035. PAR: R021 028.
KEY: 9877 TAX CODE:200 KEY: 9458 TAX CODE:200 KEY: 9387 TAX CODE:200
SHELEMIAN, ARDASHES H HAYKOV, MARK E & ANASTASIA WELLINGTON, CHARLES 0 II
25 BANCROFT ST 201 OXFORD DRIVE OXFORD RD
WATERTOWN MA 02172-0000 COTUIT MA 02635-0000 COTUIT MA 02635-0000
PAR: R021 029. PAR: R021 078.
KEY: 9396 TAX COOE:200 KEY: 9886 TAX CODE:200
WELLINGTON, CHARLES & NANCY SMITH• FRANK A III &
PO BOX 1021 SMITH, PATRICIA G
COTUIT MA 02635-0000 55 CANTON AVE
MILTON MA 02186-0000
Town of Barnstablefrgr'y=3}' !'t
Zoning Board of Appeals
Decision and Notice �' 31
Appeal Number 1995-57 —Duggan
Administrative Appeal
Summary: Upheld Decision of Building Commissioner
Applicant: Richard E. and Joan M. Duggan
Property Address: 74-Ab.bey--Qate Lane,�Cotuit-M—A 1-T—*
Assessor's Map/Parcel: 021-041 Area 0.49 Acres
Zoning: RF-Residential F District
Groundwater Overlay: GP Groundwater Protection District
Appeal No. 1995-57 Appeal of the decision of the Building Commissioner that the undersized lot does
not meet the one acre requirement of zoning, nor does it have the°grandfathered°
benefits afforded under MGL Chapter 40A, Section 6, or under Zoning Section 4-
4.5 non-conforming lots.
Background:
Richard E. and Joan M. Duggan are Appealing the decision of the Building Commissioner that an
undersized lot does not conform to zoning and does it have the "grandfathered° benefits afforded
under MGL Chapter 40A, Section 6. The Building-Commissioner has refused a Building Permit
request for this lot.
The locus is an undersized lot (Map Lot No. 021-41) of 0.49 acres. It should be noted that the
neighboring lot under common ownership, Lot No. 43, is developed and is 1.04 acres and
conforms to the present zoning in terms of area. Lot No. 43 is a combination of original
Subdivision Lots 16 and 17.
The lot in question (Lot No. 41)was created by the 1973 Subdivision No. 269, "Kings Grant". That
subdivision was approved prior to the change in zoning to one acre in Cotuit. The preliminary plan
was submitted on January 22, 1973, and the definitive was approved on May 31, 1973. In
between those dates, zoning was changed from RD to RF, and a one acre lot size required
approved (Town Meeting Article 159- March 29, 1973.)
Subdivision Lots No: 15, 16, and 17 were released from the Planning Board covenant on August 8,
1974. According to information supplied by the applicant, the combined subdivision lots 16 and 17
were transferred from separate ownership into one buildable lot (No. 43) prior to the 7 year ,
limitation imposed on the subdivision. The undersized lot, Subdivision Lot 15 (No. 41)was also
transferred into separate ownership prior to the end of the 7 year grandfathering of the subdivision.
The problem occurred on December 8, 1986, when Lot 41 was transferred into the ownership of
the petitioner, who already owned the neighboring developed Lot 43 (1.04 acres). Under State
and Town zoning, the undeveloped lot would have ceased to be buildable at the instant title was
transferred into common ownership with the contiguous lot. The five years grace period
(grandfathering) allotted contiguous lots under common ownership after a zoning change expired
in 1978; the subdivision grandfathering expired in 1980.
I
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
March 17, 1995..A public hearing was 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 May
A► Y r
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal Number 1995-57—Duggan
Administrative Appeal
Summary: Upheld Decision of Building Commissioner
Applicant: Richard E.and Joan M. Duggan
Property Address: 174 Abbey Gate Lane, Cotuit,MA
Assessors Map/Parcel: 021-041 Area 0.49 Acres
Zoning: RF-Residential F District
Groundwater Overlay: GP Groundwater Protection District
Appeal No. 1995-57 Appeal of the decision of the Building Commissioner that the undersized lot does
not meet the one acre requirement of zoning, nor does it have the"grandfathered"
benefits afforded under MGL Chapter 40A, Section 6,or under Zoning Section 4
4.5 non-conforming lots.
Background:
Richard E. and Joan M. Duggan are seeking a zoning Variance to Section 3-1.4 (5) Bulk
Regulations, Minimum Lot Area to permit an undersized lot to be considered buildable. They are
also seeking an Appeal of the decision of the Building Commissioner(Appeal No. 1995-57).
The Variance from the minimum lot area is to permit an undersized lot(Map Lot No. 021-41)of 0.49
acres to be buildable. It should be noted that the neighboring lot under common ownership, Lot No.
43, is developed and is 1.04 acres and conforms to the present zoning in terms of area. Lot No. 43
is a combination of original Subdivision Lots 16 and 17.
The lot in question (Lot No. 41)was created by the 1973 Subdivision No 269, "Kings Grant". That
subdivision was approved prior to the change in zoning to one acre in Cotuit. The preliminary plan
was submitted on January 22, 1973, and the definitive was approved on May 31, 1973. In between
those dates, zoning was changed from RD to RF, and a one acre lot size required approved (Town
Meeting Article 159-March 29, 1973.)
Subdivision Lots No. 15, 16, and 17 were released from the Planning Board covenant on August 08,
1974. According to information supplied by the applicant, the combined subdivision lots 16 and 17
were transferred from separate ownership into one buildable lot(No. 43) prior to the 7 year
limitation imposed on the subdivision. The undersized lot, Subdivision Lot 15 (No. 41)was also
transferred into separate ownership prior to the end of the 7 year grandfathering of the subdivision.
The problem occurred on December 8, 1986, when Lot 41 was transferred into the ownership of the
petitioner, who already owned the neighboring developed Lot 43 (1.04 acres). Under State and
Town zoning, the undeveloped lot would have ceased to be buildable at the instant title was
transferred into common ownership with the contiguous lot. The five years grace period
(grandfathering)allotted contiguous lots under common ownership after a zoning change expired in
1978; the subdivision grandfathering expired in 1980.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
March 17, 1995. A public hearing was 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 on May
Zoning Board of Appeals
Decision and Notice Appeal Number 1995-57—Duggan
17, 1995, at which time the Board found to grant the appeal with conditions. Board members sitting
on this appeal were: Richard Boy, Ron Jansson, Emmett Glynn, Gene Burman and Chairman Gail
Nightingale.
Attorney Richard Duggan represented himself. He explained that he purchased Lots 16 and 17 of
the subdivision together as his home lot. His dwelling was built over both lots and the two lots then
functioned as one. Together, they contain slightly over the one acre required under zoning. The
Duggans then purchased for$87,000 a third subdivision lots, Lot 15, and kept it vacant. It was
purchased with the intent of future development. The Duggans discovered when they went to get
the building permit that the undersized lot had been merged with the adjacent house lot under the
common ownership provisions of zoning. During the period since it was first purchased by the
Duggans, the land was assessed as a developable lot and the1axes were paid.
The Board expressed concern that the rights of property owners were being respected when the
house lot meets the one acre requirement and the adjoining lot does not. It was noted that under
state law, this situation would require the undersized lot to be united with the larger. The Building
Commissioner's interpretation of MGL Chapter 40A Section 6 is correct in this instance, however,
this situation could be creating a financial hardship on the applicant.
The Board requested public comment. The president of the Kings Grant Architectural Committee, a
committee of the subdivision Homeowners Association, spoke against the lot being developed. He
cited the style and positioning of the home, which did not comply with the subdivision covenants.
The president of the Homeowners Association also spoke in opposition, noting that one acre zoning
should be enforced and that granting of relief to this lot would not be in keeping with zoning in this
district.
John and Gail Martin cited the covenants and noted that property values would decline if the
covenants are not respected. They stated that the proposed house is too large for the small lot.
John Martin cited that the location of the structure would block their view of the marsh and have a
significant impact on the value of their home. Steve Geddis was also in opposition, citing the impact
of the structure on the neighborhood as his reason. A letter from Frank and Patricia Smith that
opposed the granting of relief or overriding of the Building Commissioner s decision was read into
the record.
Charles Wellington favored the granting of relief, citing that the lots were created and sold with the
intent to be developed with single family dwellings. They should be developable.
Joan Duggan addressed the Board stating that when the lot was purchased, the Duggans planned
to build a home there, but due to changing economic conditions, they were only now developing
plans and seeking permits. Attorney Duggan noted that the subdivision covenants have nothing to
do with the issues of buildablity of the lot.
Finding of Facts:
Based upon the testimony given during the public hearing on this appeal, a motion was duly made
and seconded to find the following findings of fact:
1) Subdivision Lots No. 16 and 17 were merged prior to construction on the lot.
2) They are held in common contiguous ownership and constitute one acre zoning.
3) The neighboring Subdivision Lot No. 15, although contiguous and in common ownership, has
not merged by virtue of the developed lot being one acre, and meets zoning.
4) .Lot 15 was purchased separately from Lots 16 and 17,which were purchased together.
The Vote was as follows:
2
Zoning Board of Appeals
Decision and Notice Appeal Number 1995-57—Duggan
AYE: Richard Boy, Ron Jansson and Emmett Glynn
NAY: Gene Burman and Chairman Gail Nightingale
Decision:
Based upon the findings a motion was duly made and seconded to uphold the Building
Commissioner's decision.
The Vote was as follows:
AYE: Gene Burman, Emmett Glynn and Chairman Gail Nightingale
NAY: Richard Boy, and Ron Jansson
Order:
The vote has not overridden the Building Commissioner. The Decision of the Building
Commissioner stands. 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 ' the ffice�thTown Clerk.
G I Nightingale hairman Date Signed
I Linda Leppanen, 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 19 under the pains and
penalties of perjury.
Linda Leppanen, Town Clerk
I
I i
3
NOTICES
.. TOWN OF BARNSTAE ,..ZONING BOARD OF APPEALS
MEETING OF MAY 17, 1995 -
NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE
To all persons deemed Interested or affected by the Board of Appeals,under.Sec. 11
Chap.40A of General Laws of the Commonwealth of Massachusetts and all amendme.
thereto,you are hereby notified that:
APPEAL NO. 1995-54 Getman
Damon Getman has petitioned the Zoning Board of Appeals for i Variance to Section 3-
(5)Bulk Regulations,Minimum Setbacks,.Front and Side Yard,to allow for the construct
.of an addition to the existing house not in conformance with.the required setbacks. T
property is referenced on Assessor's Map 118,as Parcel 099.commonly addressed 3
Tower Hill Road,Osterville,MA in a RC Zoning.District.
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:30 P.M.
APPEAL NO. 1995 55 Grieco
Diane B.Grieco has petitioned the Zoning Board of Appeals f6ra>Varience to the Zoni
Ordinance:Section 3-1.1(5)Bulk Regulations,Minimum Lot Area,to permit two contiguc
undersized lots to be considered separate and each buildable..These properties are sho.
on Assessor's Map 251.as Parcel 609.and Map 250-Parcel 121.and commonly address
as 627 and 611 Phinney's:Lane,Centerville,MA in a RD-1.Zoning District
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT.745 P.M.
APPEAL NO. 1995-56 Duggan -::.
Richard E.and Joan M.Duggan have petitioned the Zoning Board of Appeals fora Varian
to the Zoning Ordinance,Section 3-1.4(5)Bulk Regulations,Minimum Lot Area to permit
undersized lot to be considered buildable. The property is shown on Assessor's Map QY
as Parcel 041,commonly addressed as 174 Abbey Gate Lane.Cotuft,MA in a RF Zoni;
District
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:00 P.M. `r>
APPEAL NO:1995-57 Duggan
Richard E.and Joan M.Duggan have appealed to theZoning Board of-Appeals in accordant
with MGL Chapter 40A,.the decision of the Building Commissioner not to issue a buildir
permit fora single family dwelling.The Building Commissioner has ruled that the undersize
lot does of meet the one acre requirement of zoning,nor does it have the'grandfathe
benefits afforded underMGL Chapter40A,Section 6 northe Zoning Ordinance with respe:
to Section 4-4.5 non-conforming lots. The property is shown on Assessor's Map 021.e
Parcel 041,.commonly addressed as 174 Abbey Gate-Lane,Cotuit, MA in a.RF Zonir.
District. =:r.
A PUBLIC HEARING WILL.BE HELD ON THIS APPEAL AT 8:05 P.M.
APPEAL NOA 995-58 Winsor
David M.and Mary Ann Wrnsor have petitioned the Zoning Board of Appeals for a Us
Variance to the Zoning Ordinance,Section 2-3.1.Conformance to Use Regulations an
Section 3-1.1(1)Principal Permitted Uses to permit retail sales of gifts and antiques from e
accessory building.The subject of this petition is commonly known as The Picket Fence gift
and antiques and is shown on Assessor's Map 351,.as Parcel.046,commonly addresse
4225 Main Street(Route 6A)Cummaquid MA in a RF-2 Zoning District
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:15 P.M.
APPEAL NO..1995-59Sheil Oil Company u � ;•;:?: a:• ?; :.;,,.N,;,., :.,.:.. -.:
Shell Oil Company has petitioned the Barnstable Zoning Board of Appeals for a Variance tc
Section 4-3.7(3)signs in a Highway Business District to allow for a greater number and area
of signage than permitted under zoning. The property is shown on Assessors Map 269,ar
Parcel 3,and commonly addressed 577 West Main Street,Hyannis.MA in a HB Highwa
Business Zoning Distrlc ._
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:30 P.M. -
APPEAL NO. 1995-60 Shell Oil Company a;._ :_t.:;, .:;°,-: i.;-"; . ,::.:• .,•
Shell Oil Company has petitioned the Barnstable Zoning Board of Appeals for a Variance tc
Section 3-3.6(5)Bulk Regulations Minimum Front Yard Setbacks and Section 3-3.6(E
Special•Screening,Standards to permit the construction of.an overhead canopy and ar.
addition to the existing structure. The property is shown on Assessors Map 269,as Parce'
3,and commonly addressed 577 West Mein Street,Hyannis,MA in a HB Highway Business
Zoning District
A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:35 P.M.
APPEAL NO. 1995-61 Shell Oil Company
Shell Oil Company has appealed to.the Barnstable Zoning Board of Appeals for a Specia.
Permit in accordance with Section 3-3.6(3)Conditional Use for Retail Sales to allow a mini
mart convenience store to be added to the gas station.The property is shown on Assessors
Map 269,as Parcel 3,and commonly addressed 577.West Main Street,.Hyannis,MA in e
HB Highway Business Zoning District...-:", _ r;=: ;: :�  ....
A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 8:40 P.M. '' r
APPEAL NO. 1995-62 Shell Oil Company
Shell Oil Company has appealed to the Barnstable Zoning Board of Appeals fore Specia!
Permit in accordance with Section 4-4.2 Change of a Non-Conforming Use to expand the
existing carwash.The property is shown on Assessors Map 269,as Parcel 3,and commons
addressed 577 West Main Street,Hyannis,MA in a HB Highway Business Zoning District.
A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 8:45 P.M.
These public hearings will be held in the Hearing Room:Second Floor,New Town Hall,367
Main Street, Hyannis, Massachusetts on Wednesday May 17, 1995. All plans and
applications may be reviewed at the Zoning Board of Appeals Office in the Planning
Department,230 South Street,Hyannis,MA
Gail Nightingale,CHAIRMAN
ZONING BOARD OF APPEALS
The Barnstable Patriot
May 4 8 May 11. 1995
PAR: R021 041. PAR: R021 105. PAR:. R021 027.
KEY: 9519 TAX CODE:200 KEY: 10151+TAX CODE:200 KEY: 9378 TAX CODE:200
DUGGAN• RICHARD E & JOAN M BARNSTABLEo TOWN OF (CON) MCNAMARA• ROSEMARY S &
150 ABBEY GATE LANE CONSERVATION COMMISSION 175 ABBEY GATE RD
COTUIT MA 02635-0000 367 MAIN ST COTUIT MA 02635-0000
HYANNIS MA 02601-0000
PAR: R021 026. PAR: R021 025. PAR: R021 043.
KEY: 9369 TAX CODE-200 KEY: 9350 TAX CODE:200 KEY: 9537 TAX CODE:200
CHENG. NIE-LIH BREDICE• JOHN V DUGGAN, RICHARD E & JOAN M
3o MIANUS DRIVE 143 ABBEY GATE 150 ABBEY GATE LANE
BEDFORD NY 10506-0000 COTUIT MA 02635-0000 COTUIT MA 02635-9000
PAR: R021 055. PAR: R021 056. PAR: R021 057.
KEY: 9653 TAX CODE:200 KEY: 9662 TAX CODE:200 KEY: 9671 TAX CODE:200
BEARSE/ SANDRA A MITROKOSTASP SPYRO FAYNE, FRANCIS JR & JOAN M
7 CLOVER HILL RD 135 ST ANDREWS DR 26. BUCKINGHAM WAY
SUTTON MA 01590-0000 MASHPEE MA 02649-0000 COTUIT MA 02635-0000
PAR: R021 044. PAR: R021 058. PAR: R021 040.
KEY: 9546 TAX CODE:200 KEY: 9680 TAX CODE:200 KEY: 9500 TAX CODE:200
SANSONE• PETER M & BRENDA DULAK* HELEN J HOLMGREN, JOHN K TRUSTEE
29 BUCKINGHAM WAY 38 BUCKINGHAM WAY J K HOLMGREN FAMILY TRUST
COTUIT MA 02635-0000 COTUIT. MA 02635-0000 1308 BELTON MONT STREET
MA 02401-0000
PAR: R021 072. PAR: R021 073. PAR: R021 039.
KEY: 9822 TAX CODE:200 KEY: 9831 TAX CODE:200 KEY: . 9494 TAX CODE:200
CASEY, JAMES M & GLORIA C SILK. R06ERT.A & DOROTHEA T MCCULLOUGH• JACK A & ALYCE
.134 OXFORD OR 145 WILSON ST 149 OXFORD DRIVE
COTUIT MA 02635-0000 NORWOOD MA 02062-0000 COTUIT MA 02635-0000
PAR: R021 038. PAR: R021 074. PAR: R021 075.
KEY: 9485 TAX CODE:200 KEY: 9840 TAX CODE:200 KEY: 9859 TAX CODE:200
GEDDIS. STEVEN R & KATHLEEN BLACKMANP BRUCE D & DONNA M TOOM8Si DANIEL L & GEORGIA
161 OXFORD DRIVE 160 OXFORD DRIVE 4.MEADOW DR
COTUIT MA 02635-0000 COTUIT MA 02635-0000 LITTLETON MA 01460-0000
PAR: R021 037. PAR: R021 036. PAR: R021 076.
KEY: 9476 TAX CODE:200 KEY: 9467 TAX CODE:200 KEY: 9868 TAX CODE:200
MARTIS, JOHN R & GALL G DUNCKLEE• DOROTHY.F KOWALSKI• CARL F & CAROL A
P 0 BOX 573, 175 OXFORD DR 187 OXFORD DR 44.SIMMONS AVE
COTUIT MA 02635-0000 COTUIT MA 02635-0000 WHITMAN MA 02382-0000
PAR: R021 077. PAR: R021 035. PAR: R021 028.
KEY: 9877 TAX CODE:200 KEY: 9458 TAX CODE:200 KEY: 9387 TAX CODE:200
SHELEMIAN. ARDASHES H HAYKOV• MARK E & ANASTASIA WELLINGTON• CHARLES 0 II
25 BANCROFT ST 201 OXFORD DRIVE OXFORD RD
WATERTOWN MA 02172-0000 COTUIT MA 02635-0000 COTUIT MA 02635-0000
PAR: R021 029. PAR: R021 078.
KEY: 9396 TAX CODE:200 KEY: 9886 TAX CODE:200
WELLINGTON• CHARLES & NANCY SMITH* FRANK A III &
PO BOX 1021 SMITH. PATRICIA G
COTUIT MA 02635-0000 55 CANTON AVE
MILTON MA 02186-0000
The Town of Barnstable
MAW SARNSTABIE,
�� Department of Health Safety and Environmental Services
19. Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6.227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
i
February 15, 1995
Joseph P. Breen
Breen Construction Co., Inc.
3821 Route 28
Building 1 - Suite 1 C
Marstons Mills, MA 02648
Re: 174 Abbey Gate Road, Cotuit, MA (Lot#15)
Dear Mr. preen:
I regret to inform you that your request for a building permit on lot #15 Abbey Gate
Road, Cotuit must be denied. The reason for this action is your lot is 21,192 square feet
in size, and an acre is required. Additionally, I have looked to see if you have any
grandfathered status and, unfortunately, you do not as you have common ownership with
an adjoining lot.
You have the right to appeal this decision to the Zoning Board of Appeals. If you should
so choose, we will be more than happy to assist you.
Sincerely,
Ralph M. Crossen
Building Commissioner
RMC/km
l
I
07/25/96 09:37 V617 496 0440 COW T DOC. iMIC:RF Q1002
Ralph .Crossen
Building Commissioner
Town of Barnstable
Dept. of. Health Safety Minvir.onmental Services
Building Division 22 Welles Ave.
367 Main Street DQTChester.MA 02124
Hyannis, M.A. 02601 July 25, 199O
Dear Mr. Crosser):
Work and Yamlly ohligatimis prevent me from subinit.t.i.n.g
these foruns today in person. I do intend to du su lomurrow.
T am somewhat uncertain about some of Cite details of the form. The plumber,
Hall Plumbing of South Dennis, who will do the work maintains that the
workers comp. insurance informal:i.on is irrelevant. He suggested Cltat I use
my home insurance policy information and I have clone sal with some
misgiving, He also says that he wi.l.l rn ed to get a permit as well whereupon he
will provide (ht,: Hisurance and otht information. I atn assuming that that is
done after I have received .a permit'!
I would appreciate being informed of any necessary corrections to this
application. I can 'he reached at work today and tomorrow r.norrting 10-1
(017)49b.,i'479 , after 1 (617)4,96-2536 or fax (617)496-0440.
w JIM,ids
07/25/96 09:40 %51617 496 0440 GOV' T ItOC, iM I CRF [a 007
Engineering Dept, (3rd floor) Map Parcel D 9aZ,� Permit#
I louse N Date Issued
Board of Health(3rd floor)(8:1 S -9:30/ 1.:00-4:30) Fee
Conservation Officx(41 11wr) (8:30- 9:30/ 1:00-2:00)
g)
19 ata
TOWN OF BARNS LE
Building Pemiit Application
Project Street Address_
Village � r /f
Owner t 2 Address f°/lPS P.
Telephone _3
Permit Request �/�c s�Or '7 % Si/7 qlf 10,49i1 / /,e°
First.Flour `3U square feet Second Floor _� square feet
Construction`type st-mme
Estimated Project Cost $ r j'U —200
Zoning District Flood Plain Water Protection
Lot Size Grandfathered Q Yes Wo
Dwelling'lype: Singic Family Jjr- 'lWo Family U . Multi-Family(#units)
Age of Existing Structure �ae3 1-Iistoric Douse D Yes OrKo On Old King's Highway U Yes S' o'
Basement .Type: MT-ull ❑Crawl U Walkout U Other
Basement Finished Arco (sq.ft.) 7�f r1 Basement Unfinished Area(sq.ft)
Number of Baths: Mill: Existing New Half: Existing New
No.of Bedrooms: Existing New
Ibtel Room wunt(nun including baths): Existing(_New Firs) Floor.Kown C'mit 3
Heat'lype and Fuel: 4:d'(ias IJ Oil u Electric LJ Other
Central Air U Yes Fireplaces: Existing tip`New Existing wood/coal stove U Yes t;Qb
Garage: U Detached ize) Other Detached Structures: U Pool(.Size)
U Attached(s.ze) U Barn(size)
�lQonc U Shed(size)
C3 Other(si7.e)
Zoning Board of Appeals Authorization Cl A.ppeal# Recorded U
Commercial U Yes Jio If yes,site plan review#
Current Use _ /f', �`� r Proposed Use 'i�ry
_ W�/I SvYn�areo9Snh
I % ��P7�RV1 •U\VI UANVY
game '.l / ' ' Telephone Number �� �w - .3,6 7
Address^ 7 i License#
Horne ImprovementAC'ontractvr# r
Worker's Compensation 0
NEW CONSTRU'C'HON UK ADVITIUNS REQUIRE A SITE:PLAN (AS BUIL:I)SHOWNgU EXIS'l.'ING,AS WELLAS
PROPOSED STRUCI URES ON THF.,LOT.
ALL.CONSTRucrioN Dt3BwS RT�,SUL:I'INU FRAM THIS PRO.TP_C7 WIT.L•13hTAKEN TO
SIGNATURE DATE
BUILDING PERMIT )ENIED FOR TI•IR FOLLOWING REASON(S)
I
07/25/96 09:39 10617 496 0440 GOW T DOC. iM1CRF 12 006
4
1
I
r
I �
Z
07/25/1996 08158 FROM R E DUGGAN,E30. TO 7906230 P.01
RICHARD E. DUGGAN
ATTORNEY AT LAW
150 A®BEY GATE
CCTUIT, MA o2ua3
500-420.1.109
FAX: 508.420-1766
ACSIMILE COVER SHEET
DATE; !/te TIME:
TO: TO:
FAX NO; (� �2 3C� FAX NO:
TO" TO:
FAX NO; FAX NO
FROM:
DESCRIPTION OF DOCUMENT;
;MESSAGE:
TOTAL, NUMBER OF PAGES (including cover sheet) :
STATEMENT OF CONFIDENTIALITY
This facsimile transmission contains information from the law office of
Richard E. Duggan. The information contained is confidential and/or
privileged, and it is intended only for the use of the addressee named on
the transmittal sheet. If you are not the intended addressee, please note
that any disclosure, copying, distribution or use of this. faxed
information is prohibited. If you receive this facsimile in error, please
immediately notify us by telephone so that we can arrange to retrieve the
documents.-
IF TRANSMISSION IS INTERRUPTED, OR ALL PAGES ARE NOT PROPERLY RECEIVED,
PLEASE CALL ( 508) 420-1109
I
07/25/96 09:39 *0617 496 0440 COW T DOC. iM I CRF 0 005
De
a
Ai
ITJ00
Qo
v
i
07/25/96 09:38 $617 496 0440 GOW T DOC. iM I CRF 2004
The C'nrrmfon"'CIIIriI <,f.A�nsspchuscrrs
�"1• •� � � _�. };,, ��lpnrlhfcal�nJ�trr�rrstri1a����«0�►�1rs .
0//1Steo/%SlJ RVAI S
000 Washington Street
A1uss. 02111
`-' Workers'Compensation Insurance Affidavit
PliAnfilic:InieGirina[ip —r--- -- �t,.......�..-. a.► . ....�.,,. ,....._.
jai
location:
6 J) o2 t'9'-S 306
❑ I am a homeowner performing all work myself.
❑ 1 am a solve proprietor and have no one working in any capacity
':�...w.�•.'•»�.J,.:.."':�.3.».��.r�;�.,�.*;�ca+u.(e�'1�B7.Y'n'•..1^'MJ•'.�Y19.1`3✓Hb:�� .w.T .. "�' rtre�•Y.�r�'.�r...rw...=..
❑ lam an employer providing%vorkers' compensation for my employees working on this job.
f�1nn1•name:
clly: r
IJ451[t:,7nce co.
am a�soie proprietor general contractor,o homeowner circle one)and have hired the contractors listed below who have
the following workers' compensation polices.
cmm�an • ame' //l
�'--'f . . �s - � •.+.. rRe::r.. .,.,+��a•�-e--r,r': '�� a�"<,.� _ .�..:,y� •a
cmmpanv namr-
tldL1rC54'
YI �f nolicy�
'Attach additlonal st+ettt if nt•cessAr�;_.�.; ww..w�::iii;Ertl:.::•w�.`iM�.G?.r'iSli;.�;r y,. ;•,."`;�':'a",�'.tr:�,.,`. ...n• - a,.,._ �7.�±�I1c . ,�.—�•'-;-
fiiilure in aecurt c+svcr:+Fc xs required under Section 15A of ntGL I52 can lead ttJ the imposition of criminal penalties ota fiat up to s1,54t1.00 and/or
une scan'imprisonment as.wt,11,is cit-il penalties in ifie form ora STOP NVORK ORDER and r fine of$10u.00 a dad'against me. I understand that a
eov of this statcmcat may lie forsvoi ded t+t the Otticc or l—c-stigatiuns of the DIA for coverage verification.
1 do here({I'cirrlj petits at d penalties ojperjuq'that the information proaided above is true and correct.
Signature !' &4 Oate Iz
Print name S Phone i�_ �'S304
.:..,.gat
official tl%t unh. do not write in this area to be completed by cltiv or town otlleial
city or tnst n; ptrfitt/license p nIluildi7D�p.rt-c.tC)LiechsQ check iriminwinie res�)onsc is required
0Ileakh Department
contact person; (Shone ft; pthfr
"•.�'yZ'�' .•.ww•►nM�w.rrr.+ N.-..re.. ,-...rw..r•.
ire+iardlf�f rJ�ti
uwnerli Na e
07/25/96 09:37 V617 496 0440 COV T DOC. iM 1 CRF [a 003
h'
i
l i
The Town of Barns
,��t$ tah�e
p��' Department of Health Safety and Environmental Services
1167 ]Building Division
367 Maio street,Hyannis MA 02601
Wph Crossed
Office: 508-790.6221' Building Commissioner
Fax: 50S.79o-6230
For office use only
Permit no.—
Date AFFIDAVIT
HOME IWROViEIZNT CONTRACTOR LAW
SUPPLEMENT TO PERMIT A1PPLICATION
MGL c. 1.42A requires that the "reconstruction, alterations, renovation, repair, modernization,
conversion, improvement, removal, demolition, or constriction of an addition to any pre-existing
owner occupied building containing at least one but not more than four dwelling units or to
structures which are adjacent to such residence or building be done by registered contractors, with
certain exceptions,along with other requirements.
Type of W ork: f S/' K Est.Cost 73
Address or Work: . P `
Owner's dame
Date orPrrmit Application:
(hereby c-:rtify that:
Registration is not required for the following rcuson(s):
Work exeiuded by low
Job under 51,000.
Building not owner-occupled
Owner pulling own permit
Notice is 1 iercby given that. PERMITWITH WN
GISTERED
OlVVNEIL'� PULLING THEIR �BLE HOME W.ROVEMENT WORK DORNOT HAVE
CONTRACTORS FOR APPI. OR DEALING
IC
ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c♦14ZA
SIGNED UNDER PENALTIES OF PERJURY
I hereby ripply for a permit as the agent of the owner:
Date Contractor Name gistratlon No.
OR
/// Z
I
�
37/25/1996 09:01 FROM R E �UGGRN,ESQ. TO 7906230 P.05
k�
9P:14228-008 #030699
ft_ iiK
Town of Barnstable
Zoning Board of Appeals
: WM� Planning Department -96 my x3 P 3
230 South Street,Hyannis,Massachusetts 02601
rEp � (508)790-6223 Fax(508)790-6288
May 23, 1996
Mr. & Mrs. Richard Duggan
150 Abbey Gate Lane
Cotuit,-MA 02635
ltl-:: Extension of Variance Number I995-56--Richard and Joan Duggan
Property Address: 174 Abbey Gate Lane,Cotuit,MA
Map 0211.Parcel 041
Dear Mr. &Mrs. Duggan:
At the Public Hearings of May 22, 1996,the Zaliing Board ol'Appeals took up the matter
of your correspondence dated April 25, 1996 for an extension.of time for implementing
Variance Number 1995-56.
In accordance with MG Chapter 40A, Section 10, Variances,a motion was duly made
and seconded to grant a six(6) month extension of time to implementing the variat ce,
The extension shall begin on May 30, 1996.
The Vote was as follows:,
AYE; Ron.Janson,Richard Boy, Elizabeth Nilsson, Torn DeRiemer,and
Chainnata Gail Nightingale,
NAY. None
Respectfully,
O BQG
.a: Y�
Gat Ni'gixlui ale, ha "tttati pAG E
Zoning Board of Appeals
cc: Building Commissioner
.File number 1995-56
TOTAL P.05
07/25/1996 08:59 FROM R E DUGGAN,ESQ. TO 7906230 P.02
A*
BP;09734-0174 95-06-30 - 1 :37 #032268
Town of Barnstable
Zoning Board of Appeals
Decision and Notice 31
Appeal Number 199"6—Duggan
Variance-Bulk Regulatjons,Minimum Lot Area
Summary: Granted
Applicant: Richard E. and Joan M.Duggan
Property Address: 174 Abbey Gate Lane,Catuit,MA
Assessor's mapiparcel: 021-041 Area 0.49 Acres
Zoning: RF-Residential F District
Groundwater Overlay: GP Groundwater Protection District
Appeal No.1995-6s Variance to Section 3.1.4(5) Bulk Regulations, Minimum Lot Area to permit an
undersized lot to be considered buildable
Background:
Richard E. and Joan M. Duggan are seeking a Zoning Variance to Section 3-1.4(5) Bulk
Regulations, Minimum Lot Area to permit an undersized lot to be considered buildable. They are
also seeking an Appeal of the decision of the Building Commissioner(Appeal No.
1995-57).
The Variance from the minimum lot area is to permit an undersized lot(Map Lot No. 021-41)of 0,49
acres to be buildable. It should be noted that the n eighbon'ing lot under common ownership, Lot No,
43, is developed and is 1,04 acres and conforms to the present zoning in terms of area. Lot No.43
is a combination of original Subdivision Lots 16 and 17.
The lot in question (Lot No.41)Was created by the 1973 Subdivision No 269,"Kings Grant". That
subdivision was approved prior to the change in zoning to one acre in COtUit The preliminary plan
was submitted on January 22, 1973, and the definitive was approved on May 31, 1973. in between
those dates,zoning was changed from RD to RF,and a one acre lot size required approved (Town
Meeting Article 159-March 29, 1973.)
Subdivision Lots No. 15, 16,and 17 were released from the Planning Board covenant on August 08,
1974. According to information supplied by the applicant, the combined subdivision lots 16 and 17
were transferred from separate ownership into one buildable lot(No.43)prior to the 7 year
limitation imposed on the subdivision. The undersized lot, Subdivision Lot 15 (No..41)was also
transferred into separate ownership prior to the end of the 7 year grandfathering of the subdivision,
The problem occurred on December 8, 1986, when Lot 41 was transferred into the ownership of the
petitioner,who already owned the neighboring developed Lot 43(1-04 acres). Under State and
Town zoning, the undeveloped lot would have ceased to be buildable at the instant title was
transferred into common ownership With the contiguous lot. The five Years grace period
(grandfathering) allotted contiguous lots under common ownership after a Zoning change expired in
1978; the s,ubdivision. -grandfathering expired in 1980.
Procedural Summary:
This,appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board.of Appeals on
March 24, 1995. A public hearing held 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 on May
1.7, 1995 at which time the Board found to grant the appeal with conditions. Board members sitting
07/25/1996 09:00 FROM R E DUGGR4,ES0. TO 7906230 P.03
Zoning Board of Appeals
Deelslon and NOtce Appeal Number I W-W--Ouggan
sitting on this appeal were:Richard Boy, Ron Jansson, Emmett Glynn, Gene Burman and
Chairman Gail Nightingale,
Attomey Richard Duggan represented himself. He explained that he purchased Lots 16 and 17 of
the subdivision together as his home lot. His dwelling was built over both lots and the two lots
then functioned as one. Together,they contain slightly over the one acre required under zoning.
The Duggans then purchased for$87,000 a third subdivision lot, Lot 15,and kept it vacant. It was
purchased with the Intent of future development. The Duggans discovered when they went to get
the building permit that the undersized lot had been merged with the adjacent house lot under the
common ownership provisions of zoning. During the period since it was first purchased by the
Duggans,the land was assessed as a developable lot and the taxes were paid.
Attorney Duggan then addressed the conditions necessary for a variance as related to the appeal.
The shape of the lot Is a key factor in granting of Variance relief. This lot is a triangular shape
overlooking the salt marsh. This land's location, overall topography and slope do not encourage it
to be used in conjunction with the primary developed lot. The lot has very steep topography and
practical access is only available from the cul-de-sac. No relief from side yard setbacks is
required for the lot to be buildable.
The Board requested public comment. The president of the Kings Grant Architectural Committee,
a committee of the subdivision Homeowners Association,spoke against the lot being developed.
He cited the style and positioning of the home,which did not comply with the subdivision
covenants. The president of the Homeowners Association also spoke In opposition, noting that
one acre zoning should be enforced and that granting of relief to this lot would not be in keeping
with zoning in this district.
John and Gail Martin cited the covenants and noted that property values would decline if the
covenants are not respected. They stated that the proposed house is too large for the small lot.
John Martin cited that the location of the structure would block their view of the marsh and have a
significant impact on the value of their home. Steve Geddis was also in opposition,citing the
impact of the structure on the neighborhood as his reason. A letter from Frank and Patricia Smith
that opposed the granting of relief or overriding of the Building Commissioner s decision was read
into the record.
Charles Wellington favored the granting of relief, citing that the lots were created and sold with the
intent to be developed with single family dwellings. They should be developable.
Joan Duggan addressed the Board stating that when the lot was purchased,the Duggans planned
to build a home there, but due to changing economic conditions,they were only now developing
plans and seeking permits.Attorney Duggan noted that the subdivision covenants have nothing to
do with the issues of buildablity of the lot.
Finding of Fatcb:
Based upon the testimony given during the public hearing on this appeal,the Board unanimously
found the following findings of fad:
1) The lot is irregular in shaped. It is triangular.
2) Most of the neighboring lots are of equal size, one-half acre
3) The topography and shape of the lot are unique to this lot and only this lot. Most of the other
lots in the vicinity are relatively square.
4) Granting of the relief would not be in derogation of the spirit and intent of the Zoning
Ordinance nor would it be substantially detrimental to the neighborhood.
I
2
I
r 07/25i1996 09:01 FROM R E 'GUGGRN.ESO. TO 7906230 P.04
Zoning Board of Appeals
Decision and Notice Appeel Number 199$-56—Duggan
Decision:
Based upon the positive findings a motion was duly made and seconded to grant the Variance
requested in Appeal No. 1995-56 with the following condition:
1. The petitioner shall comply with all Town of Barnstable Rules and Regulations of the Board of
Health and Building Code as applicable for the construction of the dwelling.
The Vote was as follows:
AYE: : Richard Boy, Ron Jansson, Emmett Glynn, Gene Burman and Chairman Gail Nightingale
NAY: None
Order:
Appeal Number 1995-56 has been granted. This decision must be recorded at the Registry of
Deed for it to be in effect. The relief authorized by this variance 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 Tow Cle
Ga s3 s
�Ilghtingale,fairman Date Signed
I Linda Leppanen,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 a office of the Town Clerk.
Signed and sealed this day of 19 der the pains and
penalties of perjury.
Linda Leppanen,T n Clerk
3
co
h
4� 3
off' 16
Qy 0 "1-,
0000 0)v
d cp C� � 1
1
1 )0'14'45" o
E � I
3?, ( 213.86' i
W 1
13 Q- X ap / I 20
/ 24GA LE
, /
,O TES ELEV,-83.25 /
PIT
.O� h ' 2 8' /
4 / N �
/ LOT 15
O� �O
/ '
21,192 S.F.
TEST / / / 12/
PITTP 1 TI T L P O ED N
r p
11 Box' 24' fZ HUUSE / 4 a
N N 1EV.=92�00
Q / J D CK 1 N O�1
co, CP. N -5 21
90.sp :t
` 34'
6'x6' LEACH PIT ESFR / L
WITH 2' STONE � RETAIN
.....�� / / ! THIS AREA
ALL AROUND 92
94
�Sw
98 NOTES:
/ 1 . HOUSE NUMBER: 174
I 2. ASSESSOR'S NUMBER: 021-041
3. ZONING DISTRICT: RF
4. FLOOD HAZARD ZONES: C
o 5. TOPOGRAPHIC INFORMATION COMPILED FROM AN
ON THE GROUND INSTRUMENT SURVEY.
22 6. ELEVATIONS SHOWN ARE BASED ON THE NATIONAL
/ GEODETIC VERTICAL DATUM.
�� 7. REFERENCE: PLAN BOOK 271 PAGE 56
�� 9/22/94 HOUSE SEPTIC SYSTEM AND WATER SERVICE MOVED & SDH
GRADING CHANGED
w DATE T DESCRIPTION Drawn Necked
�
14 i OF REVISIONS
Mgss�
PA1CHAfiL yG', PLOT PLAN
N 58*06'10" w A M��TH N OF PROPOSED SEWAGE DISPOSAL SYSTEM
18.50' O� Na.213971� �4Q PREPARED FOR
23 �`�° 1 L N S BREEN CONSTRUCTION
FOR LOT 15, ABBEY GATE
IN
�T����.� COTUIT BARNSTABLE MA
10 0 20 Unless and until such time as the original (red) stomp of the „ OF
responsible Professional Engineer, or Professional Land Surveyor SCALE: 1 = 20 DATE: AUG. 30, 1994 tN
SCALE IN FEET appears on this pion: IC AEL B.
� cy
(A) no person or persons, including any municipal or other h of m es and m C rath, inc. McGRATH `-�
public officials, may rely upon the information ontoined herein; and Co � a
(B) this Awn remains the oYm
s &McGrath, Inc. civil engineers and Ian surveyors clVIL
200 main street No.36813
SIGNATuRE:" / {/ ��O,rG'JSTER�c� c�
falmouth, ma. 02540 Fss
DA zZM14 DRAWN: MAH SDH CHECKS _
r. _. 94201PP.DYVG
JOB NO: 94201 DWG. NO.: 58-3-12 1 SHEET 1 OF 2
CERTIFY THAT THE HOUSE IS
l LOCATED ON THE LOT AS SHOWN, AND
THAT ITS LOCATION CONFORMS TO THE
`MINIM M U SETBACK REQUIREMENTS OF
�. THE BARNSTABLE ZONING BY-LAW.
h�O
DATE REGI ERED PROFESSIONAL
�+\ AND SURVEYOR
o°
16
-� N 70'14'
. 45 E
�
213.86,
Q
13 Q` 20
/23.9'
` LOT 15
O 0 21,192 S.F.
O O O
O 4.0 1�5 p
r EXISTING o
�! !! FOUNDA`fION
RJ N 13.9'
Cn cr)
C).
0 CO. 11.9, Q�
21
o 33.9
I CERTIFY THAT THE HOUSE IS
LOCATED 1N FLOOD PLAIN ZONE CAS
SHOWN
_ON FLOOD INSURANCE RATE MAP
COMMUNITY PANEL N E 0 250001 0021 C
AND THAT FLOOD PLAIN' ZONE -C IS NOT '
A SPECIAL FLOOD HAZARD AREA:
l
DATE RGISTERED PROFESSIONAL -
LAND SURVEYOR
o
22
DATE DESCRIPTION Drawn hecke(
REVI - SIGNS
r PLOT PLAN
N 58*06'10" W
. 18.50'
PREPARED FOR
23 RI CH ARD DU GGAN
IN
COTUIT BARNSTABLE MASS.
10 0 20 NOTICE
Unless and until such time as the original (red);stamp of the responsible „ ,
Professional Engineer, or Professional i
g es a Land surveyor SCALE. 1 20 DATE. NOV. 19, 1996 ,� ��
SCALE IN FEET
appears
onthis plan-
(
A) no person or persons, including any municipal or other s
holmes and mcgrath, inc. � MAR�
public officials, may rely upon the information contained herein; and _
civil engineers and land surveyors E���N
(B) this n remains thXprr ty Holmes `& McGrath, Inc. gSTREETER
N o. 29291
200 main ,street �� Al
SrGNATURE. 9�� ®
f s� IS71
almouth, ` ma 02540 508 548-3564 ®®
DATE: �� DRAWN: MES CHECKED:
/t/,6 l
FILE:96277CPP.DWG JOB ' NO: 96277 DWG. NO: 58—3-1 2A S ET 1; OF 1
&au'