HomeMy WebLinkAbout0037 BLUFF POINT DRIVE 3r7 ]cc�-� hog�-� fir, •
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TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
v �Map 0 3�}- Parcel b(n 3 Permit# ;21
Health Division Date Issued
Conservation Division Fee I/10K
Tax Collector, .... /
�.�•.,,.���.,,, ; ;r s,f.: SEPTIC SYSTEM M Treasurer- -— - UST BE
J INSTALLED IN COMPLIANCE
Planning Dept. WITH TITLE 5
Date Definitive Plan Approved by Planning Board ENVIRONMENTAL CODE AND
Historic-OKH Preservation/Hyannis TOWN REGULATIO�lf�
Project Street Address
Village �O rv/+ MA
Owner Pamela �_400 Address �-� ��� frA�'Y►1 �� 14Da0kit►'lbt `w&-
Telephone 8P 5938
J �
Permit Request jGI �
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Square feet: 1 st floor: existing 525 59 proposed 5L5 59 2nd floor:existing proposed Total new 5Z'S
Estimated Project Cost 40 000 Zoning District Flood Plain Groundwater Overlay
Construction Type U1000 -F'rAme.
Lot Size 1 67c1'P '+/1 Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units)
Age of Existing Structure g g 9 Historic House: El Yes ®'No On Old Kings Highway: El Yes Rl No
Basement Type: 06 Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) JtZ
Number of Baths: Full: existing new n Half: existing c7 new /
Number of Bedrooms: existing _ new 0
Total Room Count(not including baths): existing ! new / First Floor Room Count /
Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other h{�a
Central Air: ❑Yes ®No Fireplaces: Existing New 0 Existing wood/coal stove: ❑Yes 3 No
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:0 existing ®new size 525 S9Other: Sh�
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes M No If yes,site plan review# 1
Current Use e-4 5-h 0 a 5 he 01 Proposed Use !1 W shed
,r� BUILDER INFORMATION
Name _r1)0 y�S 12Gt(:I co± Telephone Number (5-08) 9S-0'573S
Address 570 1-chard Sl-reet- License# b 1&005' e5*
IM ed w 4 V , 0161 Q 2-453 Home Improvement Contractor#
Worker's Compensation# 65?51 113 FWD '00
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 61 A-GO rr? ��✓S
gag 1 of
SIGNATURE DATE 1(a l tO
FOR OFFICIAL USE ONLY `
u�
PERMIT NO.
DATE ISSUED
MAP/PARCEL NO.
ADDRESS - VILLAGE
OWNERc
DATE OF INSPECTIONS,0--
FOUNDATION
FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGtL FINAL
65
PLUMBING: ROUGF9 son c FINAL
�q f
GAS: ROUGn FINAL ,
FINAL BUILDING C �=
DATE CLOSED OUT
ASSOCIATION PLAN NO.
? FTHE F,
The Town of Barnstable
• BntuvsTns�. •
'� � Department of Health Safety and Environmental Services
ArE0M0'�A Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
For office use only
Permit no.
Date
AFFIDAVIT
HOME IMPROVEMENT CONTRACTOR LAW
SUPPLEMENT TO PERMIT APPLICATION
MGL c. 142A requires that the "reconstruction, alterations, renovation, repair, modernization,
conversion, improvement, removal, demolition, or construction 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 Work Est.Cost
-4a, jI,,..`
Address of Work: 40
Owner's Name
Date of Permit Application: — 9
I hereby certify that:
Registration is not required for the following reason(s):
Work excluded by law
Job under$1,000.
Building not owner-occupied
Owner pulling own permit
Notice is hereby given that:
OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED
CONTRACTORS ' FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE
ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A
SIGNED UNDER PENALTIES OF PERJURY
I hereby apply for a permit as the agent 7owne
Date Contra orName Registration No.
OR
Date Owner's Name
_ The Conlnionwealth t f 111assaclt setts
Department of Industrial Accidents
0!/IceofinWSM81/oos
61111 11 ashinguin Street -'
Boston.Mass. 01111
Workers'Compensation lnsurance.ARdavit
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name:
location. �(/,�X• io � . .. . ..
city, nhene
❑ 1 am a homeowner performing all wort:myself.
❑ 1 am a sole proprietor and have no-one working in any capacity
a an employer providing workers' compensation f y employees orki
m ng on this job.
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❑ 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:
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address•
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;Attach addiddnal'sheet if rice _- . :-•y»;- -it_wrr.+ .. - ., s. •
Failure tosecure coveraee as required under Section SA of h1GL 152 can lead to the imposition of criminal ptstoldes of a fine up to SIS00.00 and/or
One years•imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of SI00.00 a day against me. I understand that a
Copy of this statement maybe forwarded to the Office of Investigations of the DIA for coverage verification. '
!do herebr cenit 5• r die pains a !'es of perjury that the injom mion pro►7ded above is true and correct
Signature C c /
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Print name �i�i�/C� /,, ��//�.� Phone#
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�lialth Department
contact person: phone#;. nOther
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Town of-Bamstable
Zoning Board of Apaille p? 11
Decision and Notice
Egan-Appeal Number 2000-27
Special Permit-Section 4-1.2(1)-Accessory Uses
Summary: Granted with Conditions
Petitioner: John R.and Pamela C.Egan
Property Address: Wend 59 Bluff Point Drive,Cotuit,MA.
Assessor's Map/Parcel: Map 034,Parcels 063 and 064
Zoning: RF Residential F Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The Special Permit request is being made by a John R. and Pamela C.Egan,who own a residence at 28
Bluff Point Drive. The petitioners are seeking to utilize two lots,addressed as 37&59 Bluff Point Drive,
and located across the roadway from their residence for accessory uses to the home.The lots are to be
used for putting greens and two accessory buildings of a small water and Irrigation building and a pump
house.
The applicants proposed use of the lots requires a Special Permit in accordance with Section 4-1.2(1).
That Section reads as follows:.
114-1.2 Special Permit RequiredlCertain Accessory Uses
'The following accessory uses are permitted provided a special permit is first obtained from the Board of
Appeals:
"1) In residential zoning districts, accessory uses and structures on a lot adjoining or Immediately
opposite and across a road from the lot on which the principal use It serves is located,provided that both
lots are retained in identical ownership with respect to both fee and non-fee interests. (as Amended by
Town Council in Item#96-014 on Nov. Z 1995)"
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the zoning Board of Appeals on
January 27,2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29,2000, at
which time the Board granted the requested relief.
Hearing Summary: '
Board Members hearing this appeal were Gene Burman,Gail Nightingale,Ron Jansson, Richard Boy,
and Chairman Emmett Glynn.•Attorney Michael Ford represented the applicants,John R. and Pamela C.
Egan. John Egan was present A memorandum was previously submitted to,the file by Attorney Ford.
The applicants'own four lots. Two lots consist of their single family home and garage. This proposal is to
permit two putting greens on the other two lots to be used in conjunction with their single family home. No
accessory structures are planned. There are to
two small structures(an Irrigation building and a
pump house)on site.
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Egan-Appeal-Rumber2000-27
Special Permit-Section 41.2(1)-Accessory Uses
Attorney Ford reported that the lots In issue are in different title ownership. Section 4-1.2 of the Zoning
Ordinance states that the accessory uses and structures must be retained In identical ownership with
respect fo both fee°and non-fee Interests. The applicant's are the beneficiaries of the trusts and they own
or control all the lots. However, If the Board requires,the applicants will create one trust and put all the
parcels together under that trust
Both of the lots ih question are separate buildable lots,but the Petitioners have elected not to proceed at
this time with building. They are seeking a more passive use of the land (putting greens)and as such,the
relief may be granted without substantial detriment to the public good or the neighborhood affected.
At the present time, no other use is intended for these lots. Attorney Ford indicated that as long as the
rights granted under this Special Permit are exercised,there will be no other use on these lots.
Public Comment: No one spoke In favor or in opposition to this appeal.
Findings of Fact:
At the hearing of March 29,2000,the Board unanimously found the following findings of fact as related to
Appeal No.2000-27:
1. The petitioners, John R. and Pamela C. Egan, are seeking a Special Permit to Section 4-1.2(1)
Accessory Uses. The property address Is 37 and 59 Bluff Point Drive, Cotuit,MA,as shown on
Assessor's Map 034, Parcel 063 and Parcel 0e4. The property is issue is located in a RF Residential
F Zoning District.
2. The Petitioners currently own a single family dwelling across the street at 28 Sluff Point Drive, by .
virtue of a Trust,for which they are the Trustees.
3, The Petitioners are seeking,to utilize the two lots across the street(37 and 59 Bluff Point Drive)as
accessory uses to allow for two putting greens:one on each of the lots-along with two accessory
buildings. These two lots(Parcels 063 and b 4)'are buildable idts..
4. Parcel 53-37 Bluff Point Drive is owned by Pamela Egan. Parcel 64-59 Bluff Point Drive Is owned
by John R. Egan.
5.' The Petitioner has Indicated an interest to combine the ownership,so that will not be an issue under
the Zoning Ardinance.
6. The relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning Ordinance. .
Decision:
Based on the findings of fact, a motion was duty made and seconded to grant the relief being sought in
Appeal No.2000-27, subject to the following terms and conditions:
1. All three lots(the primary house.lot and the two accessory lots)well be in the same record ownership- .
common ownership. ,
2. The accessory lots are to be developed and used as presenting in a plan tilted'Landscape
Improvements Accessory To Residence of John Egan,28 Bluff Point Drive, Cotuit,MA"and dated
November 15, 1999.
The Vote was as follows:
AYE: Gene Burman,Gal Nightingale, Ron Jansson, Richard Boy,and Chairman Emmett Glynn
NAY: None ;
ti
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Town of Samatabls-Zoning eosrd•of Appeals-Decision and Notice
...Egon-Appeal-Number 2000.2T
Special Nrmft-Section 41.2(1)-Accessory Uses
Order.
Special Permit Number 2000-27 has been Granted with Conditions.
This decision must,be recorded at the Registry of Deeds for it to be in effect The relief authorized by this
decision must be exercised ln'one year.
Appeals of this decision;if any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty
(20)days after the date of the filing of this decision. A copy,of which must be filed In the office of the.
Town Clerk
Emmett Glynn, Chairman Date Signed
I Linda Hutchendder, Clerk of the Town of Barnstable, Samstable 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 ay of e e under,,4he pains and penalties of:
perjury.
Linda Hutchenrider,Town Clerk
3
The Commonwealth of Massachusetts
'r� `— =• Department of Industrial Accidents
600 Washington Street
- Boston,Mass. 02111
Workers' Com ensation Insurance Affidavit
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location
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❑ I am a sole p and have no one
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Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of'a Sae up to SI,S00.00 and/or
one vean'imprisonment as wen as civil penalties in the form of a STOP WORK ORDER and a Ste of S100.00 a day against me. I undenstand that a
copy of this statement may be forwarded to the Once of Inv gations of the DIA for coverage verification.
1 do hereby certifyt� epos and pen ofp�J that the information provided above is trw-and correct
Date
Signature // // CIGG �i' 3'✓y _ -
Print name\ h Q '� aC O� Phone# 5 — 5 `5 "Z 3�
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-✓lie i�arinzazuea�i o�✓�aaaac/auaetla ,
• ;` ;..� BOARD OF BUILDING REGULATIONS i
License:CONSTRUCTION SUPERVISOR
NumberuCS 076005
RI
rthdate}02/04/1961
I
1406es:..02/04/2003 Tr.no: 76005
Restricted To: .00
THOMAS D RACICOT _
• 5 ORCHARD STREET
MEDWAY, MA 02053 Administrator
i
.•I
1
I ,
a r �� ✓�e -Pa,�c�eez�� ✓��aczc�uiael�a . ; - : s :
o a r d of Building Regulations and. Standards
One Ashburton Place Room 1301 f
Boston , Massachusetts 02108 I
Home Improvement Contractor Registration
I
•----------- -----------------------
Registration- 1114287. Expiration.- 08/23/20011, ,
Type -Trust.
HONE INDROYENENT CONTRACTOR
i T�� . .. .. .. .. ' Registration:
114287
RKT REALTY TRUST �i• Expiration: 08/23/2001
THOMAS RACICOT z Type: Trust
21 Fruit"St
Hopkintn' MA 01748 . ' '' i '< RKT REALTY-TRUST
o
F THONAS RACICOT
( moo &rt.K Fruit St.
ADMINISTRATOR Hopkinton NA 01748
0
B►errsresr.E.
The Town of Barnstalble
1659. `so Department of Health Safety.and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-8624038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
Permit no.
Date
AFFIDAVIT
HOME IMPROVEMENT CONTRACTOR LAW
SUPPLEMENT TO PERMIT APPLICATION
MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion,
improvement,removal,demolition,or construction 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 Work: Re�yi� �X/ /,V f��� Estimated Cost
Address of Work:_
Owner's Name:_ ,10�7, �'�i4-g'/d
Date of Application: :5r—/1?-00
I hereby certify that:
I
Registration is not required for the following reason(s):
Work excluded by law
oJob Under S 1,000
Building not owner-occupied
Owner pulling own permit
Notice is hereby given that:
OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED
CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE
ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A.
SIGNED UNDER PENALTIES OF PERJURY
I hereby apply for a permit as the agent of the owner.
- ' �Ws �9LiG % alb'
Date Contractor Name Registration No.
OR
Date Owner's Name
q:fofms:Affidav
FILE COPY ONLY!
NOT RECORDED AT
REGISTRY OF DEEDS
NAM
Town of Barnstable
Zoning Board of Appeals -pp
Decision and Notice
Egan-Apeeal Number 2000-27
Special Permit-Section 4-1.2(1)-Accessory Uses
Summary: Granted with Conditions
Petitioner: John R.and Pamela C. Egan
Property Address: 37 and 59 Bluff Point Drive,Cotuit, MA
Assessors Map/Parcel: Map 034, Parcels 063 and 064
Zoning: RF Residential F Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The Special Permit request is being made by a John R. and Pamela C. Egan,who own a residence at 28
Bluff Point Drive. The petitioners are seeking to utilize two lots, addressed as 37&59 Bluff Point Drive,
and located across the roadway from their residence for accessory uses to the home. The lots are to be
used for putting greens and two accessory buildings of a small water and irrigation building and a pump
house.
The applicants proposed use of the lots requires a Special Permit in accordance with Section 4-1.2(1).
That Section reads as follows:
114-1.2 Special Permit Required/Certain Accessory Uses
"The following accessory uses are permitted provided a special permit is first obtained from the Board of
Appeals:
"1) In residential zoning districts, accessory uses and structures on a lot adjoining or immediately
opposite and across a road from the lot on which the principal use it serves is located;provided that both .
lots are retained in identical ownership with respect to both fee and non-fee interests. (as Amended by
Town Council in item#96-014 on Nov. Z 1995)"
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
January 27, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29, 2000, at
which time the Board granted the requested relief.
Hearing Summary:
Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy,
and Chairman Emmett Glynn. Attorney Michael Ford represented the applicants, John R. and Pamela C.
Egan. John Egan was present. A memorandum was previously submitted to the file by Attorney Ford.
The applicants own four lots. Two lots consist of their single family home and garage. This proposal is to
permit.two putting greens on the other two lots to be used in conjunction with their single family home. No
accessory structures are planned. There are already two small structures (an irrigation building and a
pump house)on site.
r
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Egan-Appeal Number 2000-27
Special Permit-Section 4-1.2(1)-Accessory Uses
Attorney Ford reported that the lots in issue are in different title ownership. Section 4-1.2 of the Zoning
Ordinance states that the accessory uses and structures must be retained in identical ownership with
respect to both fee and non-fee interests. The applicants are the beneficiaries of the trusts and they own
or control all the lots. However, if the Board requires, the applicants will create one trust and put all the
parcels together under that trust.
Both of the lots in question are separate buildable lots, but the Petitioners have elected not to proceed at
this time with building. They are seeking a more passive use of the land (putting greens) and as such, the
relief may be granted without substantial detriment to the public good or the neighborhood affected.
At the present time, no other use is intended for these lots. Attorney Ford indicated that as long as the
rights granted under this Special Permit are exercised, there will be no other use on these lots.
Public Corrrment: No one spoke in favor or in opposition to this appeal.
Findings of Fact:
At the hearing of March 29, 2000, the Board unanimously found the following findings of fact as related to
Appeal No. 2000-27;
1. The petitioners, John R. and Pamela C. Egan, are seeking a Special Permit to Section 4-1.2(1)
Accessory Uses. The property address is 37 and 59 Bluff Point Drive, Cotuit, MA, as shown on
Assessor's Map 034, Parcel 063 and Parcel 064. The property is issue is located in a RP Residential
F Zoning District.
2. The Petitioners currently own a single family dwelling across the street at 28 Bluff Point Drive, by
virtue of a Trust, for which they are the Trustees.
3. The Petitioners are seeking to utilize the two lots across the street(37 and 59 Bluff Point Drive) as
accessory uses to allow for two putting greens-one on each of the lots-along with two accessory
buildings. These two lots(Parcels 063 and 064)are buildable lots.
4. Parcel 63 -37 Bluff Point Drive is owned by Pamela Egan. Parcel 64- 59 Bluff Point Drive is owned
by John R. Egan.
5. The Petitioner has indicated an interest to combine the ownership, so that will not be an issue under
the Zoning Ordinance.
6. The relief may be granted without substantial detriment to the public good.and without nullifying or
substantially derogating from the intent or purpose of the Zoning Ordinance.
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant the relief being sought in
Appeal No. 2000-27, subject to the following terms and conditions:
1. All three lots (the primary house lot and the two accessory lots)will be in the same record ownership-
common ownership.
2. The accessory lots are to be developed and used as presenting in a plan tilted "Landscape
Improvements Accessory To Residence of John Egan, 28 Bluff Point Drive, Cotuit, MA" and dated.
November 15, 1999.
The Vote was as follows:
AYE: Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn
NAY: None
i
2
I
LTown of Barnstable-Zoning Board of Appeals-Decision and Notice
Egan-Appeal Number 2006-27
Special Permit-Section 4-1.2(1)Accessory Uses
Order:
Special Permit Number 2000-27 has been Granted with Conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20)days-after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
Emmett Glynn, Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this ay of o e o under the pains and penalties of
pedury•
Linda Hutchenrider, Town Clerk
3
e
i
Re1No mappar ownerl owner2 addr city state zip
27 14 SAWYER RD WELLESLEY
039 009 GRIMM; ELIZASETH 0 MA 02482
034 010 MELLORS, ROBERT C JR & MELLORS, ELIZABETH LIND 733 MAIN STREET HINGHAM MA 020.43
034 011 SAILY—GATES, LAURIE C P O BOX 535 COTUIT MA 02635a
034 014 EDGAR, ALICE E TR P 0 BOX 372 COTUIT MA 02635
034 015 SIMPSON, WILLIAMH & JUDITH A 2532 HEPPLEWHITE DR YORK PA 17404
034 040 KNISS, RICHARD &ELIZASETH H TR KNISS FAMILY 96 RLTY TRUST 1985. COWPER ST PALO ALTO CA 94301
034 041 HAYDEN, R F JR E A KNISS C/O UYENOYAMA 19 OCEAN VIEW AVE COTUIT MA 02635
034 044 CONNOR, MARY OBOYLE TR MOC QUAL PERS RESID TRUST 11854 TURTLE BEACH RD NO PALM BEACH FL 33468
U34 045 CRAWFORD, KATHLEEN S 5000 STANDSBURY DR SOLON OR 44139
034 045 001 WOODS HOLE OCEANOGRAPHIC INST' CHALLENGE DRIVE WOODS HOLE MA 02543
034 052 RANEY, WILLIAM & GILSON, ANNE P 0 BOX 406 WAYLAND MA 01778
034 053 001 GARGIULO, BARBARA D 217 WOBURN ST READING MA 01867
034 053 002 MARTIN, WAYNE L & BARBARA• J %WATERFIELD MORTG/TAX DEPT 7500 W JEFFERSON BLVD FORT WAYNE IN 46804
034 054 SKOWRONSKI, HELEN E 955 S SPRINGFIELD AVE #1702 PARK PL SPRINGFIELD NJ 07081
034 055 SKOWRONSKI, HELEN E 955 S SPRINGFIELD AVE #1702 PARK PL SPRINGFIELD. NJ 07081
039 056 WILGUS, CAROL L 30 OCEANVIEW AVE COTUIT MA 02635
034 057 KNISS, RICHARD & ELIZABETH TR KNISS FAMILY 96 RLTY TRUST 1985 COWPER ST PALO ALTO. CA 94301
0 PO BOX 372 COTUIT MA 02635
34 059 EDGAR, ALICE E TR
22 OLD FARM RD HOPKINTON MA 01798
034 063 EGAN, JOHN R
039 069 EGAN, PAMELA'C 22 OLD FARM RD HOPKINTON MA 01748
21185
034 065 BIXBY, BRIAN D TRS %SULLIVAN, WILLIAM H & MARY 202 ORANGE TREE DRIVE LAKE WORTH FL
034 066* SULLIVAN, MARY MALONE BOX 646 COTUIT MA 02635
034 067 BIXBY, BRIAN, TRUSTEE %SULLIVAN, WILLIAM H & MARY 202 ORANGE TREE DRIVE LAKE WORTH FL 33462
034 071 ANDERSON, ARTHUR W & ANDERSON, PATRICIA A 105 LARCHMONT RD MELROSE MA 02176
034 072 FRANCHI, ANTHONY A & FRANCHI, CONSTANCE 2 WOODRIDGE RD WESTON MA 02193
034 073 FRANCHI, ANTHONY A TR & FRANCHI, CONSTANCE TR 2 WOODRIDGE RD WESTON MA 02193
034 074 FRANCHI, ANTHONY A TR & FRANCHI, CONSTANCE TR 2 WOODRIDGE RD WESTON MA 02193
034 075 EGAN, JOHN R& PAMELA C TR COTUIT REALTY TRUST 22 OLD FARM RD HOPKINTON MA 01748
034 076 EGAN, PAMELA C TRUSTEE PAMELA C EGAN REALTY TRUST 22 OLD FARM R.D HOPKINTON MA 01748
034 077 HAYDEN, F JR KNISS, E A P 0 BOX 496 COTU.IT MA 02635
Count= 117
4
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Pc f of E bncaftni
Cw
COWF "MUMMUM"Imtownd
NO lrutrt W 2%"M
go a1 pereorts tntua i►stsuf)V%.or affactsd by the Booed of Appws MAW Sec.11 of Chapter
40A of the Canard Lowe of than Co nmonweelth of wit&and all amendments
thsrato you ors hereby wow*AL APPed Number 2000 24
73� has eppibd to th Chift e Zoning Board of Appeals for a Modti�on of an existing
Variance purvient to MGL Chapter 40A,Section 14 tocrow alecUlcei etrPPtlr spaces;am of
erroeato replecespen d1 OOI
whictr wcddprwids ddropractic sv The Prey sham on Assessor's Map 250.P&W 004
sales m roo and rotor bookstore• 1041 Falmouth Rood/Route 28.Rpffds.MA in enaddreaeod as
R17 t
�Resideratial RD•1 Zoning District.
8:IS PM Simisky Appeal Number 2000 5 Board of Appsala
Fmr►as L Skalsky fang Care Assisted t.irtng)has applied .
fora Use Variance to Section 3-t.3(U P MC pie Permitted Lass to pmvWe an
assisted
i se b
horn rso
for the elderly for not more than three.0)pens. The sposcaM 4a
ma's Executive Office of Elderly Affairs. The property is shown on Assessors
Map l go.Parcel 194 and is ady addressed as 94 Monomoy Circle,Centerviiie.MA
in an RC Rosidenvol C Zoning District. Appeal Number 2000 28
8:30 PM 4riln the Zoning
Board of Appeals for a Variance to Section 3-
.fames M.Corm has woodwoodto from the arse tee for two Ci)
1.4(5)BtiBa Regalstions. The Variance is r,Aassted 024.Percale o52 and 063 and
undersized Iota The property is shown on Assessor a Map
commonly addressed as 27 and 59 8ob VA*e Run.Cotu4.MA In an RF Rasderntld FZonNg
DW tat• Appeal Number 2000.27
8.46 PM Egan to the Zoning Board of Appeals for a Special
John R.and Pameis C.Egan here petitioned Uses for
pew puususrd to Section 4•t.2t1)Special Perrrd Y
two(2)putting greens and two(2)aceesory bums to ernd water and irrigation bonding
end a house)to be located on lots WWO&at*across the road from the prlrnotp 1 use-
pump
The prcpwiy is shown o6 Assessor's Map 034. Parcels Of33 and 064 and oormnonfy
addressed as 37"Point Drive and 59 Bluff Point Oars.Cotutt.MA In an RF R
eAdential
F Zoning District•
be held M►the
These pubic► earinga v4! Hearkw 29.,200p Ar plaa and aPP O^s
St+eat. MmwdwsWeonWWnesdey.
may be reviewed at the Zoning Bead of Appeal*Offtce.Torre of 81ndtabts. Planning
pet,230 South Street.Nyarnrnls•MA.
Emmett Glynn.Chsi rnen
Zoning Board of Appeals
The Bamstabia Patriot
March 9 8 March 16.2000
FILE COPY ONLY!
NOT RECORDED AT
REGISTRY OF DEEDS
BADMAJ"
Town of Barnstable `
Zoning.Board Appeals
Decision an otirce P � .
Conlin -Appeal Number 2000-26
Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Size
Summary: Granted with Conditions
Applicant: James M.Conlin
Property Address: 27 and 59 Bob White Run,Cotuit, MA
Assessor's Map/Parcel: Map 024, Parcels 052 and 053
Area: Parcel 052-0.72 acres, Parcel 053-0.73 acre
Zoning: RF Residential F Zoning District
Groundwater Overlay: GP Groundwater Protection District
Background:
On August 23, 1978, under Appeal No. 1978-57, the Zoning Board of Appeals granted a variance from the
minimum lot size requirement to allow these two lots to be considered as two buildable lots. However,
this variance was never exercised within the required one year time4rame. Today, the applicant, James
M. Conlin, is seeking a Variance to Section 3-1.4(5) Bulk Regulations-Minimum Lot Size to re-establish
the two lots a separate buildable lots under zoning.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
February 14, 2000. A public hearing before the Zoning Board of Appeals.was duly advertised and notices
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29, 2000, at
which time the Board granted the requested relief.
Hearing Summary:
Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy,
and Chairman Emmett Glynn. Attorney Theodore A. Schilling represented the applicant, James M.
Conlin,who was present.. A memorandum was previously submitted to the file by Attorney Schilling.
Attorney Schilling indicated that this property was granted a Variance in 1978 based on a similar site plan
and the variance conditions have not changed since that time. The topography has not changed.
Public Comment: Dennis Valente, an'abutter, submitted photographs to the file which show a step slope
with wetlands in the back of the lot in issue. He is in opposition to this appeal. Patrick Brown was
concerned about the wetlands. No one else spoke in favor or in opposition to this appeal.
For clarification: The Board told the abutters that even if this Variance is granted for bulk regulations, the
applicant must still comply with Board of Health and Conservation Regulations.
Attorney Schilling reviewed the appeal before the Board. He explained that in 1978, under Appeal
Number 1978-57, the Zoning Board of Appeals granted a variance from the minimum lot size requirement
to allow these two lots to be considered as two buildable lots. However, that variance was not exercised
within the required time-frame. The applicant is before the Board again seeking a variance for two lots of
the same exact square footage but in a slightly different configuration. 'The center line between the two
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Conlin-Appeal Number 2000-26
Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Siie
lots has been changed to be mote compatible with the development of the lot. The same Variance
Conditions exist now as existed in 1978. The houses that will be built on these two lots will be controlled
and regulated by the Board of Health and the Conservation Commission.
As to Variance Conditions pursuant to MGL Chapter 40A, Section 10, there is a hardship in that the
Petitioner, James M. Conlin, suffered a heart attack and had by-pass surgery. There are topographical
conditions unique to the lots which create a hole located between the two lots, leading to the rear of the
lot. To require the Petitioner to conform to a different lot size than other lots in the neighborhood, would
impose a hardship upon the Petitioner. Because many of the lots in this area are similar in size and the
prior granting of the variance under the same conditions,the.granting of the relief.would not be in
derogation of the spirit and intent of the Zoning Ordinance and would not cause substantial detriment to
the neighborhood.
Findings of Fact:
At the hearing of March 29, 2000, the Board found the following findings of fact as related to Appeal No.
2000-26:
1. The applicant, James M. Conlin, is seeking a Variance to Section 3-
Minimum Bulk Regulations-
Minimum Lot Size. The Property Address is 27 and 59.Bob White Run, Cotuit, MA as shown on
Assessor's Map 024, Parcels 052 and 053. The area of Parcel 052 is 0.72 acres, and the area of
Parcel 053 is 0.73 acre. The property is located in the RF Residential F Zoning District and the WP
Wellhead Protection Overlay District.
2. On August 23, 1978, under Appeal No. 1978-57, the Zoning Board of Appeals granted a variance
from the minimum lot size requirement to allow these two lots to.be considered as two buildable lots.
However, this variance was never exercised within the required one year time-frame. In granting the
variance the Board found that each lot contained approximately 31,500 sq. ft.
3. The reconfiguration of the two lots as shown.on the proposed subdivision plan does not adversely
affect or change the original granted variance and the conditions found owing.thereto.
4. The topographical conditions unique to the lots are shown on Town of Barnstable's topography plan
effectively creating a hole located between the two lots, leading to the rear of the lot.
5. To require the Petitioner to conform to a different lot size than in the neighborhood of this
development,would impose a hardship upon the Petitioner.
6. Because many of the lots in this area are similar in size and the prior granting of the variance under
the same conditions, the granting of the relief would not be in derogation of the spirit and intent of the
Zoning Ordinance and would not cause substantial detriment to the neighborhood.
The Vote was as follows:
AYE: Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn
NAY: Ron Jansson
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant the relief being sought in
Appeal No. 2000-26, subject to the following terms and conditions:
1. The lots are to be created as presented to the Board in a plan titled " Plan of Land Bob White Run
Cotuit, MA"dated January 14, 2000 drawn by Norman Grossman, RPLS.
2. The Approval Not Required (ANR) Plan that is to be submitted to the Planning Board, shall reference
this Decision. The ANR plan and Variance are to be recorded together.
3. The development of the lots shall conform to all Health Department regulations without Variances for
the Board of Health.
4. The conditions imposed during the creation of the drainage easement on this site shall not be
changed without further approval from the proper authorities.
2
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Conlin-Appeal Number 2000-26
Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Size
The Vote was as follows:
AYE: Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn
NAY: Ron Jansson
Mr. Jansson stated he voted in the negative as he felt the variance conditions cited do not relate
to the nature of the relief being sought.
Order:
Variance Number 2000-26 has been Granted with Conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL.Chapter 40A, Section 17,within twenty
(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
Emmett Glynn, Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,.hereby certify
that.twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that'no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this day of -D under the pains and penalties of
perjury.
Linda Hutchenrider, Town Clerk
3
i .
RefNo mappar ownerl owner2 addr city state zip
26 O10 O10 005 DEDECKO, MARK A P 0 BOX 367 CENTERVILLE MA 02632
O10 O11 BARRY, LORRAINE 7 CURLEW WAY COTUIT MA 02635✓
A 010 015 VERANI, MARY BETH b MCCARTHY, KENNETH C 117 SANDALWOOD DR COTUIT MA 02635
It O10 016 PADERBORN DEV COMPANY INC P 0 BOX 1645 COTUIT MA 02635
010 017 PIANTES, SPERO H& JOANNA C P 0 BOX 8 COTUIT MA 02635
ro 010 025 LANGEVIN, LORRAINE %BARRY, LORRAINE BOX 639 OAK BLUFFS MA 02557
0 010 026 ANDREADIS, COSTA D 23 CURLEW WAY . COTUIT MA 02635 ✓
4 010 027 WALDER, JAMES L 6 BOB WHITE RUN COTUIT MA 02635 ✓
0 010 028. SIKORA, RONALD W' 40 BOB WHITE RUN COTUIT MA 02635'✓
024 003 MICELI, ROBERT J & JANE K 38 SANDALWOOD DRIVE COTUIT MA 02635 ✓
0 024 005 FRASER, DEAN C & CATHY A 71 TARRAGON CIR COTUIT MA 02635
4 024 006 HAYWARD, HARRIET P BAKER BAKER,, FO,RW,RM,PB,DF,LH,CD . 4544 FALMOUTH RD COTUIT MA 02635 ✓
0 024 012 DONNELLY, WALTER J & SYLVIA U 101 CURLEW WAY COTUIT MA 02635 ✓
*.024 045 WELLS, RAYMOND L & SHIRLEY 41 CURLEW WAY P.O. BOX 1425 COTUIT MA 02635
0 024 046 BAFARO, JOHN.J & MAUREEN F PO BOX 1351 COTUIT MA 02635 ✓
40 024 047 HIGGINS, RAYMOND L & MARY E 73 CURLEW WAY SANTUIT MA 02635 ✓
0 024 049 SMALL, MARK W 117 OLD TOWN ROAD HYANNIS MA 02601 `�
aP 024 050 VALENTE,. DENNIS B b JANICE C/O PLYMOUTH MORTGAGE CO PO BOX 1007 BOSTON MA 02205 ✓
024' 051 NEWCOMB, F TYLER & BARNABY, ELLEN JANE P 0 BOX 291 COTUIT _ _ _MA 02635
d$ 024 052 CONLIN, JAMES M'& GERTRUDE 47' ALDRICH ST ROSLINDALE MA 02131 ✓
0 024 053 CONLIN, JAMES M b GERTRUDE 47 ALDRICH ST ROSLINDALE MA 02131 ✓
024 054 FULLER, STEVEN & DONNA, TRS BOWMAN—FILLER TRUST 39 BARON RD FRANKLIN MA 02038 ✓
024 055 BROWN, 'PATRICK J & VICTORIA PO BOX 97 COTUIT MA 02635 ✓
i 024 0.56 BLAKE, HUGH G &'ALTA M P 0 BOX 2072 COTUIT MA 02635
t
3
'• Bzd of Eubm m
TCMN C XONWO BOAM OF.
IWTMOFPUM=
FM MARM 20,2000
're aN pays ans-intarsstad lM•or affected by the SoAl of Appeals wWW Sec.11 of Chapter
40A of the Gerrard Laws of the Corrrrronwaakl+of k6meadumft and all a nendments
thereto you are hereby not*W OWL Nra.ber 2000 24
7Randy paft has applied to ft Zoning goerd of Appeals for a Modificatim of an egg
Varlenoe PWVUW t to MM Chapter 40A.Section 14 to allow� � sne Of
/dprovidechlropractic sarvlcesto repllaoe a permed ekctftW
sales room and retatl bookstore. The property is ehown on Asseseces Map 250.Panel 004
and is co gnly addressed as 1047 Falmouth RoedlRovta 28.Hyenas,MA in an RD•1
Roddlo le!R04 ZorAng DiatAc L -25
Francs L SkOSIV 0.a4hg Cars AGOMW LK*W has applied to do ZonbV Dowd of Appeals
for a Use Variance to Seaton 3.1.30)Principle Pennlltad Umm
h orne for the ekbrty for not mots than three t3)persona The shown an Assessor's
� inliskensedbythe
•s Executive Office of Elderly Affairs The property to
Map 190.Panel 194 and is conxnonly addressed as 94 Monomoy Circle.Cantwvile•MA
in an RC Reaidentid C Znnlnp District. _
Nrrriber 2000 2tt
jarnes M.Conlin has applied to the Zoning Board of Appeals for a Variance to Section 3-
1.4'(5 Bads Repuletions. The Va►tance is requested from the arcs requirenvmft for two(2)
undyed lots. The property is shown on Assessors Map 024.Parcels 052 and 053 and
cormnorly addressed as 27 end 59 8ob White Run.Cotwt.MA er en RF ReskkntW FZornng
District Number 2000.27
a ra m dP j C.Ponele Egan have petitioned to the Zoning Board of Appeals for a Special
Pemlt pursuant to Section 4-1.2(1)Special Perth Requ"&C*rtaln Accessory Uses for
two(2)putting greens and two(2)accessory buk*W(D smell water and Magamon buNdirq
end a pump house)to be kreated an kris Wwnedi A*aaoss Ow road from the prtr40 use.
The property is shown on Assessor's Map 034. Paroals 063 and 064 and oorrrrnorly
addressed as 37 8s<rff Point Drive and 59 Stuff Point Drive,Cocoa.MA in an Rf Reetdsr"
These Public HeeAngs will be held in the Hearing Room:Second Floor.Town Map.367 Main
Sbsat,Hyannis,Massedwsets as Wednesdey.March 29,2000. AN plans and%Vk*tiona
may be mv►ewed at the Zonkag Dowd of Appeals Office.Town of Barnstable. Plenring
Deparunent.230'South Street.Hyannis.MA
Emmatt Glynn.Chaimasn
Zoning Board of Appeals
The BamstaMe Patriot
March 9 fl March 16,2000
qs
MICHAEL D. FORD, ESQUIRE
A'I`I'ORNEY AT LAW
72 MAIN STREET,P. O. BOX 665
WEST HARWICH,MA. 02671
TEL. (508)430-1900 FAX(508)430-8662
EMAIL: mdfesq@capecod.net
May 23, 2000
Ralph;Crossen
Building Commissioner
Town Hall
367 Main Street
' Barnstable, MA 02601
Re: Egan Property
i Lots 37and 59 Bluff Point, Cotuit
Dear Ralph:
Enclosed please find a copy of the Special Permit which provides that these two lots on
which the putting greens are being constructed may be used as accessory to the Egan's lot across the
street on Bluff PointDrive. Therefore,the single family residence to which the lots are appurtenant
is 28 Bluff Point Drive,the two lots being 37 and 59 Bluff Point Drive respectively. As you will
see in the Findings of Fact No. 3, the Board of Appeals found that there were two accessory
buildings on these two lots which are to now be used as accessory to the main house. While no
specific alterations were proposed to the accessory buildings as part of the Special Permit,I don't
believe such alterations require Special Permit relief as the buildings will clearly remain accessory
to the,main house as part of the use authorized under the Special Permit.
Please be advised that said Special Permit has been recorded at the Barnstable County
Registry of Deeds in Book 13025, Page 283. if you have any further questions, please do not
besitate to.contact me. -
Very truly ,
Michael D.Ford
MDF/mbf
enclosure
cc: Tom Racicot
John R. Egan
i
A'.[ICHAEL D. FORD,ESQUIRE
ATTORNEY AT LAW
72 MAN STREET,P.O. BOX 665
WEST kTARWICH,MA.02671
PHON5(508)430-1900 FAX(508)430-8662
EMAIL: mdfesq@capecod.net
capecod.net
DATE: ��Z3
TELECOMMUNICATION INFORMATION SIMET
FLEASt DELIVER THE FOLT,OWING PAGE(S)TO:
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THIS MATERIAL IS FROM:
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_ (508)430 900 Telephone Number
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TOTAL PAGES ! (NOT INCLUDING COVER). IF YOU DO NOT RECEIVE ALL THE
PAGES'S PLEASE CALL SENDER'S TELEPHONE NUMBER.AS SOON AS POSSIBLE,
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I
U K. l.::�U 1—'to ICE k:�:Z, :a I.=4 L1 U
M aBO0.931..15-23-2000 12a11
R• l3RRNSTABLE.LWO COURT REGISTRY '
Town of Barnstable
Zoning Board of Apaa4pr; 11 P 3 ,; 4
Decision and Notice
Egan-Appeal Number 2000.27
Special Permit-section 4-1.2(1):Accessory Uses,
Sumwary: Granted with Conditions.
PelluanBr John-R:and Pamela C. Egan
Pr—mmity Addreaa: 37 arts 59 Bluff Point Drive,Cotuit,MA
Assammes MapMarcel: Map W,Parcels 003 and-084
i totting?.•,: RF Realdential F Zoning'Dietrld ;
Groundwater Overlay: AP,�quifer Protection District
L Background: ;
The.Spocial-Permit requ6st Is•being made-by a•Joho R. and Pamela C:Egan, whp.own a residence•at 28
.•._::.:: �.:.81uff Paint DNve. Ttie:patlttoners:art seeking tb'(dilize two lots,addressed-as 37&:59 Skiff ROint.DrIve,
' . '..and located-across tha.rdadway from their residence for accessory uses to the Morrie.The lotsmre.to be
..:..used,for putting greens.and twaaccessory buildings of a small water.and irrigation building and-a pump
house.
The applicants proposed.use of the tots requires a Special Permit in accordance.with Section 4-1.20).
That Section reads as follows:
4-1.2 Special Permit Required/Certain Accessory Upes.
°The following accessory uses are permitted provided a special permit is first obtained:from the Board of
Appeals:.
"1) In residential zoning-districts,accessory uses and structurees On a lot adjoining or:lrnlnediatety.
A opposite and across'a road from the lot on which'the principal use.it serves is located;•provided•that both
tots are retained in identical ownership with respect to.both fee and non-fee interests.-(as•Amended by,
Tvwm Ca6ncr7 in item 096-014 on Nov. 2, 1995)"
Procedural Summary:
This appeal was flied at the Town CierKs Office and at the Office of the Zoning Board of Appeals on
January 27,2000. A public hearing before the Zontng Board of Appeals was duly advertised and notices
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29,2000,at
which time the Soard granted the requested relief.
Hearing Summary:
-Eoard Members hearing this appeal were Gene Burman,Gail Nightingale, Ron•Jonsson,Richard Boy,
�3 and Chairman Emmett Glynn. .Attomey Michael Ford represented the applicants,John R.and Pamela C-
c Egan. John Egan was present.'..A memorandum was previously submitted to the file by Attorney Ford.
` The applicants own four lots. Two lots consist of their single%mlly home and garage. This proposal is to
perrrlit two putting.greens on.tlle.other-Yo lots to be used In conjunction with their single.family.home-No .
accessory structures are planned. There are already two small structures(an irrigation building and a
AJ
pump house)on site.
i
DOL,000 931 OS-23-2000 .12:11
i
Kayo.a��
Fp
Town of Barnstable
Zoning Board of App.Pal§�. ;
Decision and Notice
i
I=gan -Appeal Number 2000-27
Special Permit Section 4-1.2(1)-Accessory Uses
Summary: Granted with Conditions
i Petitioner. John R.and Pamela C. Egan
Property Address: 37 and 59 Bluff Point Drive,Cotuit, MA
Assessor's.Nap/Parcai: Map 034,Parcels 063 and 064
Zoning: RF Residential F Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The Special Permit request is being made by a Jotrn R. and Pamela C. Egan;who own a residence at 28
Bluff Point br'ive. The petitioners are seeking to utilize two lots, addressed as 37&59 Bluff Point Drive,
and located across the roadway from their residence for accessory uses to the home. The lots are to be
used for putting greens and two accessory buildings of a small water and irrigation building and a pump
house.
The applicants proposed use of the lots requires a Special Permit in accordance with Section 4-1.2(1),
That Section reads as foliows:
"4-1.2 Special Permit Required/Certain Accessory Uses
"The following accessory uses are permitted provided a special permit is first obtained from the Board of
Appeals:
"1) In residential zoning districts, accessory uses and structures on a lot adjoining or Immediately
opposite and across a road from the lot on which the principal use it serves is located, provided that both
lots are retained in identical.owners hip with respect to both fee and non-fee interests. (as Amended by
Town Council in item#96-014 on Nov. 2, 1995)"
Procedural Summary:
This appeal was filed at the Town Clerk's Ciffice and at the Office of the Zoning Board of Appeals on
January 27,2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices
sent to all abutters in accordance with MGI.Chapter 40A. The hearing was opened March 29, 2000, at
which time the Board granted the requested relief.
Hearing Summary:
Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy,
and Chairman Emmett Glynn. Attorney Michael Ford represented the applicants, John R.and Pamela C.
Egan. John Egan was present. A memorandum was previously submitted to the file by Attorney Ford.
The applicants own four lots. Two lots consist of their single family home and garage. This proposal is to
permit two putting greens on the other two lots to be used in conjunction with their single family home. No
accessory structures are planned. There are already two small structures (an irrigation building and a
pump house) on site.
i
Town of Barnstable-Zoning 13oard of Appeals-Decision and Notice
Egan-Appeal Number 2000.27
Special Permit-Section 4.1.2(1)-Accessory Uses
Attorney Ford reported that the lots in issue are in different title ownership. Section 4-1.2 of the Zoning
Ordinance states that the accessory uses and structures must be retained in identical ownership with j
respect to both fee and non-fee interests. The applicant's are the beneficiaries of the trusts and they own
or control all the lots. However, if the Board requires, the applicants will create one trust and put all the
parcels'together under that trust.
Both of the lots in question are separate buildable lots, but the Petitioners have elected not to proceed at
this time with building, They are seeking a more passive use of the land (putting greens)and as such, the
relief may be granted without substantial detriment to the public good or the neighborhood affected..
At the present time, no other use is intended for these lots. Attorney Ford indicated that as long as the
rights granted under this Special Permit are exercised, there will be no other use on these lots.
Public Comment: No one spoke in favor or in opposition to this appeal.
Findings of tract:
At the hearing of March 29,2000, the Board unanimously found the following findings of fact as related to
Appeal No. 2000-27:
1. The petitioners. John R. and Pamela C. Egan, are seeking a Special Permit to Section 4=1.2(1)
Accessory Uses. The property address is 37 and 59 Bluff Point Drive, Cotuit, MA, as shown on
Assessor's Map 034;Parcel 053 and Parcel 064. The property is issue is located in a RF Residential
F Zoning District.
2. The Petitioners currently own a single family dwelling across the street at 28 Bluff Point Drive, by
virtue of a Trust, for which they are the Trustees.
3. The Petitioners are seeking to utilize the two lots across the street(37 and 59 Bluff Point Drive) as
accessory uses to allow for two putting greens-one on each of the lots -along with two accessory
buildings. 'These two lots (Parcels 063 and 064) are buildable lots.
4. Parcel 63-37 Bluff Point Drive is owned by Pamela Egan. Parcel 64- 59 Bluff Point Drive is owned
by John R. Egan.
5. The Petitioner has indicated an interest to combine the ownership, so that will not be an issue under
the zoning Ordinance.
6. The relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning Ordinance.
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant the reiief being sought in
Appeal No. 2000-27, subject to-the following terms and conditions:
1. All three lots(the primary house lot and the two accessory lots)will be in the same record ownership-
common ownership.
2. The accessory lots are to be developed and used as presenting in a plan tilted"Landscape
Improvements Accessory To Residence of John Egan, 28 Bluft Point Drive, Cotuit, MA"and dated
November 15, 1999.
The Vote was as follows:
AYE: Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn
NAY: None
2
i
Town of Barnstable-zoning board of Appeals-Decision and Notice
Egon-Appeal Number 2000-27
Special Permit-•Section 4-1.2(t)-Accessory Uses
Order.:
Special Permit Number 2000-27 has been Granted with Conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in'one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20)days after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
Emmett Glynn. Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable CoUnty, Massachusetts, hereby certify
that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this �� — �ay:of under the pains and penalties of
perjury. 1
Linda Hutchenrider,'Town Clerk
3 '
MICHAEL D. FORD,ESQUIRE
ATTORNEY AT LAW
72 MAIN STREET,P. O. BOX 665
WEST HARWICH, MA. 02671
TEL. (508)430-1900 FAX(508)430-8662
EMAIL: mdfesq@capecod.net
May 23, 2000
Ralph Crossen
Building Commissioner
Town Hall
367 Main Street
Barnstable, MA 02601
Re: Egan Property
Lots 37and 59 Bluff Point, Cotuit
Dear Ralph:
Enclosed please find a copy of the Special Permit which provides that these two lots on
which the putting greens are being constructed may be used as accessory to the Egan's lot across the
street on Bluff Point Drive. Therefore,the single family residence to which the lots are appurtenant
is 28 Bluff Point Drive, the two lots being 37 and 59 Bluff Point Drive respectively. As you will
see in the Findings of Fact No. 3, the Board of Appeals found that there were two accessory
buildings on these two lots which are to now be used as accessory to the main house. While no
specific alterations were proposed to the accessory buildings as part of the Special Permit, I don't
believe such alterations require Special Permit relief as the buildings will clearly remain accessory
to the main house as part of the use authorized under the Special Permit.
Please be advised that said Special Permit has been recorded at the Barnstable County
Registry of Deeds in Book 13025, Page 283. If you have any further questions, please do not
hesitate to contact me.
Very truly ,
Michael D. Ford
MDF/mbf
enclosure
cc: Tom Racicot .
John R. Egan
05-23-2000 e 1 2 _ ;ell_:
00C OO.,931. 05-23-2000 12:11
c •
BFIRNSTABL.E.LANQ COURT REGISTRY -
sue �j r %�. • 3.'e �:. .
Town of Barnstable
Zoning Board of ApWals%pf; 11 f'; :.'4
Decision and Notice
Egan-Appeal Number 2000-27
Special Permit-Section 44.2(1)Accessory Uses. '
Summary: Granted with Conditions
Petitioner. John,R:and Pamela.C.Egan'
Pr,operty.Address: 37 a6d59 Bluff Point Drive;Cotuit.MA .
Assessor's Map/Parcel: .Map034,Parcels 063 an4064
- RF Residential F Zoning-District
�l zoning:.:,:
QJ Groundwater Overlay: AP AlUifer Protection District
0
" Background: -
i j;:.' .:.• The Special:Permit roquest iS.bbing made by a.Johri R'. and Pamela C.-Egan;Who;own a:residence°at 28 -
2 .:.Bluff PointDrtve. The:.pebtiondrs are seeking to utilize two lots, addressed as 37&:59.BIuff Point Drive
3 '.and located across thesoadway from their:residence for accessory uses to the home..The lots`are.. be
;used.for-4Wn' reens•and two.accesso buildings of a small water.and irrigation buildin and-a um
....,. .p. 99. ry g9 pump ..
house.-
The applicants proposed use of the lots requires a Special Permit in accordance.with Section 4-1.2(1)..
That Section reads as follows:
114-1.2 Special Permit Required/Certain Accessory Uses..
"The following accessory uses are permitted provided a special permit is first obtained:from the Board.of
M Appeals:
o :r ... ;.
In residential zoning districts, accessory uses and'structures on a lot adjoining.or:immediately. ,,, `:::•
r� opposite and across a road from the lot on which the principal'use-it serves is located; provided that both
o lots are retained in.identical ownership with respect to,-both fee and non-fee interests.(as Amen
ded by: :;
;.Town Council.in item#9&014 on Nov. 2, 1995)".
Procedural Summary: ,
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
January 27,2000.. A public hearing before the Zoning Board of Appeals was duly advertised and notices -
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29,2000,at
which time the Board granted the requested relief.
'o Hearing Summary:
Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy,
and Chairman Emmett Glynn. -Attorney Michael Ford represented the applicants, John R. and Pamela C.
o Egan. John Egan was present'-A memorandum was previously submitted to the file by Attomey Ford.
The applicants own four lots. Two lots consist of their single family home and garage. This proposal is to
permit two putting.greens.on.tke-othertwo lofs to_be used in conjunction with their single.familyhome_..N0 .
3 accessory structures are planned. There are already two small structures(an irrigation building and a
pump house)on site.
a . .
DDC:000r331. 05-23-2000 .42:11
MA86 g '
� plf0 MR�
Town of Barnstable
Zoning Board of Appoolvi :'' 1 j
Decision and Notice
Egan -Appeal Number 2000-27
Special Permit-Section 4-1.2(1)-Accessory Uses
Summary: Granted with Conditions
Petitioner: John R.and Pamela C. Egan
Property Address: 37 and 59 Bluff Point Drive, Cotuit, MA
Assessor's Map/Parcel: Map 034, Parcels 063 and 064
, ,Zoning: RF Residential F Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
' The Special Permit request is being made by a John R. and Pamela C. Egan,who own a residence at 28
Bluff Point Drive. The petitioners are seeking to utilize two lots, addressed as 37&59 Bluff Point Drive,
and located across the roadway from their residence for.accessory uses to the home. The lots are to be
used for putting greens and two accessory buildings of a small water and irrigation building and a pump
house.
The applicants proposed use of the lots requires a Special Permit in accordance with Section 4-1.2(1).
That Section reads as follows:
"4-1.2 Special Permit Required/Certain Accessory Uses
"The following accessory uses are permitted provided a special permit is first obtained from the Board of
Appeals:
"1) In residential zoning districts, accessory uses and structures on a lot adjoining or immediately
opposite and across a road from the lot on which the principal use it serves is located, provided that both
lots are retained in identical ownership with respect to both fee and non-fee interests. (as Amended by
Town Council in item#96-014 on Nov. 2, 1995)"
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
January 27, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29, 2000, at
which time the Board granted the requested relief.
Hearing Summary:
Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy,
and Chairman Emmett Glynn. Attorney Michael Ford represented the applicants, John R. and Pamela C.
Egan. John Egan was present. A memorandum was previously submitted to the file by Attorney Ford.
The applicants own four lots. Two lots consist of their single family home and garage. This proposal is to
permit two putting greens on the other two lots to be used in conjunction with their single family home. No
accessory structures are planned. There are already two small structures (an irrigation building and a
pump house) on site.
I
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Egan-Appeal Number 2000-27
Special Permit-Section 4-1.2(1)-Accessory Uses
Attorney Ford reported that the lots in issue are in different title ownership. Section 4-1.2 of the Zoning
Ordinance states that the accessory uses and structures must be retained in identical ownership with
respect to both fee and non-fee interests. The applicant's are the beneficiaries of the trusts'and they own
or control all the lots. However, if the Board requires, the applicants will create one trust and put all the
parcels together under that trust.
Both of the lots in question are separate buildable lots, but the Petitioners have elected not to proceed at
this time with building. They are seeking a more passive use of the land (putting greens) and as such, the
relief may be granted without substantial detriment to the public good or the neighborhood affected.
At the present time, no other use is intended for these lots. Attorney Ford indicated that as long as the
rights granted under this Special Permit are exercised, there will be no other use on these lots.
Public Comment: No one spoke in favor or in opposition to this appeal.
Findings of Fact:
At the hearing of March 29, 2000, the Board unanimously found the following findings of fact as related to
Appeal No. 2000-27:
1. The petitioners, John R. and Pamela C. Egan, are seeking a Special Permit to Section 4-1.2(1)
Accessory Uses. The property address is 37 and 59 Bluff Point Drive, Cotuit, MA, as shown on
Assessor's Map 034, Parcel 063 and Parcel 064. The property is issue is located in a RF Residential
F Zoning District.
2. The Petitioners currently own a single family dwelling across the street at 28 Bluff Point Drive, by
virtue of a Trust, for which they are the Trustees.
3. The Petitioners are seeking to utilize the two lots across the street(37 and 59 Bluff Point.Drive) as
accessory uses to allow for two putting greens-one on each of the lots -along with two accessory
buildings. These two lots (Parcels 063 and 064) are buildable lots.
4. Parcel 63- 37-Bluff Point Drive is owned by Pamela Egan. Parcel 64 -59 Bluff Point Drive is owned
by John R. Egan.
5. The Petitioner has indicated an interest to combine the ownership, so that will not be an issue under
the Zoning Ordinance.
6. The relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning Ordinance.
Decision:
Based on the findings of fact, a motion was.duly made and seconded to grant the relief being sought in
Appeal No. 2000-27, subject to the following terms and conditions:
1. All three lots (the primary house lot and the two accessory lots)will be in the same record ownership-
common ownership.
2. The accessory lots are to be developed and used as presenting in a plan tilted"Landscape
Improvements Accessory To Residence of John Egan, 28-Bluff Point Drive, Cotuit, MA" and dated
November 15, 1999.
The Vote was as follows:
AYE: Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn
NAY: None
2
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
- Egan-Appeal Number 2000-27
Special Permit-Section 4-1.2(1)-Accessory Uses
Order:
Special Permit Number 2000-27 has been Granted with Conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
Z'
Emmett Glynn, Chairman Of Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no
,appeal of the decision has been filed in the office of the Town Clerk.
,r1 d
Signed and sealed this — ay of r" under the pains and penalties of
perjury. 1
Tam l� 2 '
Linda Hutchenrider, Town Clerk
3
eeeeh=rs
_D .
ESIGN DATA. ; .
LWbtetSup*ForThis Lot Is Municipal Water ,• p ' �y::r : - :fibs"
-
2 Location of utilities Shown on This Plan We Apptoot With no Garbage Grinder
1r1,w At Least 72 Hours Prior to Any Excavation Forrft ! i Minimum Daily Flow=330 GOD o r _
Ne4se REIy,ovEp Protect The ControctorShall Make The Re ired Septic Tank=330 GOD x 200%=660 GpD �e a .:�, ,ti:
EX1.9T. STRucTURs To 1 qu ;
— — cif RttvtpOte~D Not fication to Dig Safe(1-800-322-4844) Use 1500 Gallon Septic Tank
3 The Contractor is Required to Secure A - `�`''•: ' "�
J -- pproprtate LEACHING AREA
Permits From Town Agencies For Construction •►° . ••�. �i� ,'��:�
Defined byThis Plan. ! 330 GPD/0 T4=446•SF Required
Install SidewalI =2(12'x 25�)2=148 S:F.
/ Risers as Required to Within 12~of • r
� / � Bottom Area= 12'x25'= 300 S.F o � ��c•�L;.;, =�'• :� :•;
30 ` Finished Grade. ! 448 SF.Totol Provided
/ 'S.All Structures Buried Four Feet or More orS110 eN ? LEACHING CHAMBER DESIGN _ •:',e; ` `- '``''At ►
T
�� A�++ to Vehicular Traffic tobe H-20 Loading. ) All Pipes to be Schedule 40. Use
r i \ ! 2,-
Septic, Gal.Leaching Chambers Ina
System.to be Installed Accordance Withg
310 CMR 15.00 Latest Revision And The Townef 12x 25 Washed Stone Field as Shown
q�oAV� \ Barnstable Board of Health Regulation : r. iP
ti, mpso
7 AII_Pipnq robe Sch.40 PVC.
Gra Finish de
LOCUS PLAN
Fit 4k' m Fabric *---•(Xmpo lsd Fill - Sca l e:'l = 2000
22� �. ,i•� Cha�y�. \� \ a Sty
Assessors Map 34
\ TH'r •. — 1 peait sv Zonin 'RFP
arcel 63
Setbacks
Front 30'
S ioK Leaching Side 5'
s Chamber _ » "
Stan*oble washed. . Redly
Combination of lots 7 dt 8 as shown orr
le.0 Land Court Plan LCC 39770-D&a combination
a
-o \ \ ,- / 0 I I \ of Lot 9 as shown on Land Court Plan LCC 39770-E
\ \ \. \ ► CRO§9. SECTION OF CHAMBER
.:NOT TO SCALE - --�
/ a Rft� N
w��`Y►oH 2pp 2•¢. ' Z '"°11�► _ F0.24.0 v FG.21.5 4"�a.sch 40 pvC Vent to be hidden
,p_oX -/l /k.�' in shrubbery along street line
F
Pp1/�T M►N' _i 20.8 1500 Galion 20.6 8.0 Top El.19.0
DRIVE- Septic Tank' 18.4 Oct.EI 16.0 OF
18.2
• • •� Bedding as
PLAN VIEW Per Title 5 t 4.5 ` ' 't SULLIVAN
5
10 10. 110- 10 12 NO.29733 �
Scale: 1��= 401 _ Bottom estHdQ ; .
CIVIL
Adj.G, Water EIA'T A F N&�, c gV3!
41 TH-1 Elev.23.0 DEVELOPED PROFILE OF PROPOSED SEPTIC SYSTEM
�� TH-2 Elev:21.5
1 10 Adj.Ground Water Ccic's.` Not to ale
0 Pine Needles/. O Organic TH-I,Lot No.4 See P-9359 U
0 Organic Mat. O Loam � � 02/10/99.By S.E.I.
A SandnCoarse A Sand Ground Ground Water at Elev. 2.43 SITE PLAN
13' 12" Index Well MIW29,ZoneA PROPOSED SEPTIC SYSTEM
B Yel. Brown B Yellow Brown Adjustment 2.3 .
Coarse Sand AT.L
30it 30�� C Coarse Sand Adjusted Ground Writer Elev. 4.73 BLUFF POINT DRIVE
48�� Perk Test Lt.Yel Brown
COTUIT, MASS
Lt. Yel. Brown '- Coarse Sand FOR'.
C Coarse Sand 120
138 Date Feb. 10, I999 • JACK E�AN
' Percolation Test '
Class I Material Depth 48" En P-9358 s a oo As eU►CT O ATlorrsoP VVEL:s SCALE: AS SHOWN OA' -E: FEB. 24 1999
p Engineers Sul livan Engineering Inc. � / �
Less Than 2 Min./Inch ii I q9 . 1iwLOCr:i'ae 50"Tlc sys-r6m SULLIVAN EN,GINtERING INC.
No Water Encounted Witness D. Miorandi,T.O.B., B.of H. � OSTERVIL'LE:,MASS
R SICN p 4 9.9 ADDS0 �NBt,.L.
91Oyb