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HomeMy WebLinkAbout0026 CHARLOTTE AVENUE hRv I o44-@ q gee i � � 3 �E i I r • I "f f __ _.�_.e�_.. C� r I f � � _• t �. � .. l '� l I L*6- J/ 69 -36 D rQvi Ss cell� , (vv) 3bZ — S1Z1 I d � . { ELAWMABUL .niy Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-61 -D.J. & Michelle Long Appeal of the Decision of the Building Commissioner Summary Upheld Building Commissioner's Decision Applicant: D.J. &Michelle Long Property Address: 26 Charlotte Avenue, Cotuit,MA Assessor's Map/Parcel Map 018, Parcel 90 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Appeal: Appeal of the Building Commissioner's decision to issue a Building Permit for a Single Family dwelling Background: The applicant has appealed the issuance of a building permit issued by.the Building Commissioner for the development of a single family home. The lot was a vacant lot of 5,067 sq.ft. until recently when construction was initiated on the locus. The applicant, being neighboring abutter, has appealed that issuance of the building permit citing that lot is"too small" and the structure is located only 9 feet from the side property line. In Appeal No. 1987-80, the Board at that time, under the previous non-conforming section of the Barnstable Zoning Ordinance found the lot in question to be undersized and not buildable under zoning because; the lot did not meet the 7,500 sq.ft. requirement of than Zoning Bylaw, Section G Paragraph E, the proposed.dwelling - 42'x22'was an over intensification on the lot and the proposal was not in keeping with the intent of the Zoning Ordinance nor was it compatible with the neighborhood. On November 2, 1995 the non-confomring section changed. Section 4-4.2(1) Non conforming Lots- Separate Lot Exemption -appears to be applicable. The Building Commissioner has determined that this lot meets those requirements of"A to D" and that"Any increase in area, frontage, width, yard or depth requirements of the Zoning Ordinance shall not apply...". The RF Zoning District now requires a minimum front yard setback of 30 feet and the rear and side yard setbacks of 15 feet. Given the provision of Section 4-4.2(1) cited above and MGL Chapter 40A, Section 6 the Building Commissioner has also permitted the structure to be built with a lesser setbacks than what is required today.. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 28, 1996. 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 June 19, 1996, and was continued to July 10,1996, and August,07, 1996 and then to August 21, 1996, at which time the Board found to upheld the Building 'Commissioner. Board members hearing this appeal were Ron Jansson, Emmett Glynn, Richard Boy, Tom DeRiemer and.Chairman Gail Nightingale. At the opening.of the hearing on June 19, 1996, Mr. Long, stated that he owns a home at 14 Charlotte Avenue in Cotuit,which directly abuts the property in issue. He is appealing the decision of the Building Commissioner to grant a building permit on that neighboring lot. He had asked the Building Commissioner how the building permit was issued.in light of the denial of a.Variance Number 1987-80. The lot is very small, only 0.11 acres and the Zonang Board of Appeals-Decision and Notice Appeal No. 1996-61 -D.J.&Michelle Long house being constructed is quite big. Mr. Long also cited that to access the lot, his property has been trespassed by construction vehicles and the telephone lines were severed in the process. The Board asked the Building Commissioner why the permit was issued in light of Appeal Number 1987-80. He replied that in 1987 the Bylaw required a 7,500 sq.ft. minimum and 20 feet of frontage.. The Building Commissioner stated that the permit was issued now under the newly amended non-conforming lot section of the Zoning Ordinance stating a 5,000 sq.ft. lot with 50 feet of frontage should be buildable as a grandfathered lot. He noted that the lot is 50 feet deep and 79 feet long, and today's setback requirements of a front yard setback of 30 feet and the rear yard setback of 15 feet leaves only 5 feet out of the 50 feet buildable. So a 24 x 34 footprint must infringe on those setback requirements. Mr. Crossen cited that he had consulted with the Legal Department and they referred him to M.G.L. 40A Section 6 which states, "Any increase in area, frontage width, yard or depth requirements of a zoning ordinance or by-law shall not apply.....conformed to the then existing requirements and had less than the proposed requirements but at least five thousand feet of area and fifty feet of frontage." The Building Commissioner stated that he asked the applicant to move the placement of the house a "couple.of feet back". .He noted the footprint is a typical size of a Cape. The Board and Mr. Crossen discussed whether or not the lots were ever held in common ownership. Mr. Crossen did not personally check for common ownership, but as is custom, he relied on the information supplied by the applicant's Attorney which states "in no time during March 24, 1928 to date has there existed any common ownership." The Board asked.Mr. Long what was the status of the building right now, to which he replied that the building was well into construction. It was framed and very tall, approximately 27 feet high. It is the highest structure in the area and on a very small lot. Again, Mr. Long stated he has asked"many times how this is allowed and has never received a clear explanation. He requested the Board make a site visit. Public Comment was requested, Ruth Behlman submitted a letter to the file objecting to the construction of the house. She stated the house,is too close to neighboring existing homes and invades on the privacy and enjoyment of the neighboring dwellings. She also expressed concern with the effect of the septic system on the neighboring private drinking wells. She submitted a photograph of the home under construction. Also speaking in opposition was Alfred Courtines for Velma Courtines (his mother). He reported that their property was trespassed on many times by the builder and the location of the house intrudes on their privacy. Board Members asked how the Building Commissioner could overrule the Board's decision of 1987-80 that said the lot was not buildable and also cited the photograph that appears to show a dwelling under construction that is more than two stories. The Board indicated that they need an opinion from the Town Attorney as to how that big of a house is allowed and how its setbacks can be varied on the lot without permission from the Board. The Board asked the Building Commissioner if he had issued a Cease and Desist in light of this appeal. The Building Commissioner replied that he has no reason to. He has however told the applicant to remove the dormers from the third floor. The owner of the property, Steve Webby, requested to speak. He said that the property was for sale, and he bought it in good faith. He has a mortgage on the property and it would be a financial hardship if something happened that they could not continue to build this house. Mr. Webby has owned the property for approximately 2-3 months. The Board.explained to Mr. Webby that if he continues to build on the house, he is doing so at his own peril. The Board also questioned as to whether or not the Petitioner is properly before the Board . For clarification, with.reference to standing;the Board determined that the application was filed at the Town Clerk on May 28, 1996. The Building Permit.was issued on April 23, 1996. Mr. Crossen stated that the Petitioner(Mr. Long) came into his office and talked to Building Inspector, Buddy Martin but he is not sure of that date. Mr. Crossen stamped the appeal to the Zoning Board on.May 28, 1996. The digging for the foundation was done by May 22, 1996 at which time the Building Commissioner asked him to shift the foundation two feet. The foundation was poured after the appeal was stamped on May 28, 1996. Mr. Crossen did not receive a written request for him to act on the appeal by the Petitioner, it was only a verbal request, but the Building Commissioner"went along with that." . Zoning Board of Appeals-Decision and Notice Appeal No. 1996-61 -D.J.&Michelle Long The Board continued the appeal to July 10, 1996 to secure the opi6ion of the Town Attorney. At the continuance of July 10, Mr. Long told the Board that he had spoken to Town Attorney Robert Smith regarding this lot. He explained to the Board that the builder had relied upon his frontage being on Charlotte Way which may in fact not.be actual frontage on an legal road. The Building Commission wrote a cease and desist letter to the builder, Mr. Webby, indicating that he was misinformed and this lot may not a buildable lot as there is no road and or way fronting the lot (letter submitted to the file). Mr. Crossen looked in the records to find out when the way and the lot were approved, no records were available. He then asked Mr. Webby to supply the necessary information. The Building Commissioner still does not have proof that Charlotte Way is an approved way. He explained that a"way" must be approved as a public way or a private way. In the Town of Barnstable, if a way was approved after 1960, it was done by the Planning Board. But if.the way was approved between 1925 and 1960, it was approved by a Board of Survey Approval. In the Town of Barnstable, Board of Survey Plans were approved by the Board of Selectman. The Building Department has a book of approved Board of Survey Plans. However, in this case that approved plan and recorded Board of Survey plan for the road (if it does exist) is missing. Mr. Webby submitted a plot plan citing a plan at the Registry of Deeds, but when the Building.Commissioner pulled that plan it is not an approved plan signed by the Board of Survey, it is just a recorded plan. If an approved plan cannot be located, then the lot is not grandfathered. To have the lot considered a buildable lot would require a Variance as the lot is without frontage, is undersized and does not meet any setback requirements. The issue of "frontage" is not defined specifically in the Zoning Ordinance, but frontage is defined in Zoning Interpretation Guide as frontage on a way. The Board then raised the issue of the roads. There is a road on paper, but that road does not exist. There is a plan, but that was never approved. Both Charlotte Avenue and Pine Road do not exist-are not developed. Town.Attorney Robert Smith spoke and urged the Board to proceed cautiously with regards to the definition and existence of the way. The issue before the Board is an appeal of Mr. Long from the decision of the Building Commission not to deny a Building Permit-to Mr. Webby. Mr. Smith has looked into the whether or not Mr. Long is properly before the Board and he has come to the conclusion that the appeal was filed in time. When Mr. Long became knowledgeable of the issuance of the permit he asked for and received a meeting with the Building Commissioner. At that meeting which was around May 22, 1996, Mr. Long asked the Building Commissioner to enforce the Zoning Ordinance and to ask Mr. Webby to cease and desist. The Building Commissioner did not and it is that decision of the Building Commissioner of May 22, 1996 that Mr. Long is appealing. The appeal was filed on May 28, 1996 which was within thirty days and, therefore, the applicant has fulfilled the requirement of Chapter 40A, Section 15. Mr. Long filed his appeal after the foundation hole had been dug, but before the foundation had been poured. The Board reviewed Chapter 40A, Section 6 and the Non-'conforming lot section of the Zoning Ordinance with regards to lot frontage size and buildability. The matter appears to be open to interpretation and perhaps at the discretion of the Building Commissioner. The Board and Attorney Smith again reminded Mr. Webby that any work he does is at his own peril: He was also told this at the last hearing. Mr. Webby's Attorney, Bernard Kilroy, spoke and cited that Mr. Webby received a building permit in good faith and has committed a substantial amount of money to the property and its development. Mr. Kilroy has reviewed the Building Commissioners Cease and Desist letter regarding frontage and disagrees with it. He reminded the Board that many other homes in the area.are on lots that may not have proper frontage and Mr. Kilroy said if he is unsuccessful he will ask the Building Commissioner to look into enforcement actions again other homes in the area. He requested that the Board dismiss the appeal on the ground that it was not timely filed. The Board noted that this question is one of several issues before them and that they would address that today. .The Board cited that on April 23,1996, the building permit was issued, but that does not put an abutter on notice. The law requires due process and the issuance of a building permit does not create notice for purposes of an appeal of the Building Commissioner.. Therefore, when Mr. Long saw work being done on the lot, he went to the Building Commissioner on or about May 22, 1996 and asked for action from him. Mr. Crossen did not take any enforcement action and it is that verbal decision not to enforce the Zoning Ordinance that Mr. Long is appealing and that was done in a.timely fashion. That was done on May 28, 1996. With regards to Attorney Kilroy request to dismiss the appeal, a motion was duly made and seconded to deny that request: The Board voted unanimously to deny the request to dismiss the Appeal. Zoning Board of Appeals-Decision and Notice Appeal No. 1996-61 -D.J.&Michelle Long The appeal was continued to August 7, 1996 to allow the Board time to consult with the Town Attorney regarding the lot in question. At the August 07, 19996 continuance, Town Attorney Robert Smith submitted a memorandum to the Board. He clarified the issue of frontage by saying that with reference to grandfathering under section 6 of Chapter 40A, this lot does comply with the requirements.of the fifty feet of frontage, however, that does not answer the question of whether or not the Building Commissioner should or should not issue a building permit. Attorney Smith suggested an occupancy certificate should not be issued until the road, completed in satisfactory condition, is on the ground. This is for access and safety reasons. In Mr. Smith's opinion the lot is entitled to grandfather status. In this case, the building permit has been issued but Mr. Crossen has indicated that there will be no occupancy permit until there is an adequate road on the ground. Mr. Smith also discussed M.G.L. Chapter 41, Section 81 FF. which deals with status of lots and roads, in that if the road is not on the ground it does not mean that the lot does not have frontage. The Building Commissioner told.the Board that he had issued a stop work order for the house. But now he has given Mr. Webby permission to make two modifications. One is to cut back the front entry way that exceeded the building permit and the.other is to remove the partitions and remove the shower on the third floor which was not part of the permit. In exchange, Mr. Crossen told him if he did those two things he would allow the petitioner to make the home weather tight, put in the windows, and put on the roof. Regarding the setback requirements, Mr. Crossen said that the only setbacks that are in effect for this lot would be the setbacks that were in effect when the lot was established. In this case, the year is 1927 and there were no setback requirements at that time. The plan was not approved by the.Board of Surveys and was not signed. Also, this plan appeared to have been recorded in 1927. Mr. Long reminded the Board that everything he did was before the foundation was poured. The builder was made aware of Mr. Long's appeal before. he did any work. He restated his desires that the Zoning Board deny the continuance of the construction of this dwelling and revoke the building permit. Attorney Kilroy submitted a memorandum to the file. He stated that in his opinion, M.G.L. Chapter 41, Section 81 FF exempts individual lots.on plans that were in existence prior to subdivision control from the jurisdiction of the Planning Board. Therefore it would not be necessary for Mr. Webby to go before the Planning Board regarding the road. He.noted that Mr. Webby will improve the road before the occupancy permit is issued. The Board noted that the description of the lot on the deed supplied indicates the boundary of the lot but does not specifically give the lot the rights to the road leading to the lot. The deed does not convey the right to use Charlotte Ave to the lot owner, it may have been intended but it is not in the boundary description nor it is stated in the deed that transferred this lot dated March 14, 1928: That issue had not been looked at previously by the Town Attorney. Attorney Kilroy stated that the lots were conveyed out on a plan that specifically shows the ways-and the individual lots are entitled to those ways for access to the nearest public way. The Board asked Mr. Kilroy if he could provide documentation to prove the Petitioner does have the rights of access orr the road. There is concern that Mr. Webby may not have access right to Charlotte Avenue and Mr. Long may own that section of the road. The Board had concerns with the access issues citing that to allow a house of this magnitude on such a small lot is just what the Zoning Ordinance is attempting to control and avoid. The Board continued.-this appeal to August 21, 1996 to permit time to review the new materials and 'developments in this appeal and requested.the Planning Department to verify that the plan was filed in the Registry of Deeds. They also asked the Attorneys involved to review the issue of Mr. Webby's access rights to Charlotte Avenue,-and the frontage.. The Board requested that materials be submitted prior to the continuance to allow the Members.time for review. At the August 21, 199.6 continuance Attorney Arthur Hyland represented Mr. and Mrs. Long. Mr. Webby was represented by Attorney Bernard Kilroy. Attorney Kilroy had filed a memorandum and wanted to make sure all Board Members had received this new information. The memorandum included the deeds to all the lots in the subdivision. All of the lots are consistent in format without any express grant of rights to use the ways on the 4 i Zoning Board of Appeals-Decision and Notice Appeal No. 1996-61 -D.J.&Michelle Long plan. Mr. Kilroy explained that in the absence of an expressed grant in a deed, the Courts rely'on the principle of estoppel. The Board indicated that it appears from the information submitted that the lot does have proper frontage under that legal principle. The Zoning Ordinance does not specifically define frontage. There is still a serious concern that the Zoning Ordinance could allow a house of this magnitude on such a small lot and so close to the neighboring boundary lines. It is disturbing that this would be allowed, but that is not grounds for overruling the Building Commissioner. The important issue is to scrutinize the Zoning Ordinance because it was never the intention of the Ordinance to allow this type of situation to exist. The Zoning Ordinance was adopted to protect the Town from chaos and confusion. A type of dwelling of this size on this small lot defies good planning practices. 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 property in issue is located at 28 Charlotte Avenue, Cotuit, on Assessor's Map 18, Parcel 20 and in an RF Residential F Zoning District. 2. The lot itself was, until recently, a vacant lot of 5,067 square feet with a minimum of 50 feet of frontage along Charlotte Avenue. 3. The lot in issue is delineated on Plan Book 19, Page 39, recorded December 17, 1926. The plan is labeled "Bay View Park, Cotuit, Mass, Cape Cod, George P. Russell, Owner and Developer." 4. The plan does not bear any indications that it was approved at the time by the Board of Survey for the Town of Barnstable: During that period of time, the Town of Barnstable did have a Board of Survey. 5. -The lot its was not the beneficiary of an approved road but was fronted on a road that was at least a paper street. 6.. An easement by estoppel does exist over that portion of Charlotte Avenue that services this property. 7. At the time the lot was created, there was no zoning in effect in the Town of Barnstable. 8. At the time the lot was created, there were no setback requirements and no side yard requirements. 9. ' Based on the facts he had before him, the Building Commissioner properly issued a Building Permit. Decision: Based upon the positive findings a motion was duly made and seconded to uphold the decision of the Building Commissioner. The Vote was as follows: AYE:' Richard Boy, Ron Jansson, Emmett Glynn, Tom DeRiemer, and Chairman Gail Nightingale NAY: None Order: ORDER: In Appeal Number 1996-61,the Decision of the Building Commissioner has been upheld. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, with twenty (20) days after-the date of the filing of this deci 'on in the office of the Town Clerk. 31 1996 G I Nightingal hairman'O' Dad Sig ed I Li da Hut che der, 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 offs e f the Towri-Cldrk Signed and sealed this day of 96 under the pains and penalties of perjury. Linda Hutchenrlder, Town Clerk 5 -,Z/ PAR: R018 090. KEY: 5577• TAX CODE:200 LA61I:NCE♦ AUROR.E 4JENEVE CORP PO dOX SOX 142 KINGSTON MA 02364-0000 PAR: R018 091. PAR: R018 094. PAR: R018 .095. KEY: 5586 TAX CODE:200 KEY: 5611 TAX CODE:200 KEY: 5620 TAX CODE:200 BEHLMAN• RUTH C DEMARCO• HENRY P 8 MOREAU. ROBERT J d CAROL J 25 CHARLOTTE AVE DEMARCOP BARBARA L 143 4ICKERSON RD COTUIT MA 02635-0000 319 COUNTRY CLUB DR COTUIT MA 02635-0000 TEQUESTA FL 33458-0000 PAR: R018 093. PAR: R018 092. PAR: R018' 127. KEY: 5602 TAX CODE:200 KEY: 5595 TAX CODE:200 KEY: .5915 TAX CODE:200 NAUEN.. CLAIRE M DANNHAUSER• SANDRA JEANNE CARVER. THOMAS E 131 NICKERSON RD 4 OVAL COURT 131 NICKERSON RD CUTUIT MA 02635-0000 BRONXVILLE NY 10708-0000 COTULT MA 02635-0000 PAR: R018 099. PAR: R018 089. PAR: R018 083. KEY: 5657 TAX CODE:200 KEY: 5568 TAX CODE:200 KEY: 5498 TAX CODE:200 SYMONDSP CHARLES G b DOOLEY• HAROLD 8 SUZANNE HU6dES• ARTHUR 8 PHYLLIS SYMONDS• CATHERINE HADLEY 111 NICKERSON RD 3OX 562 171 PRESCOTT ST COTUIT. MA 02635-0000 COTUZT MA 02635-0000 READING MA 01867-0000 PAR: R018 073. PAR: R018 085.001 PAR: R018 088. KEY: 5390 TAX CODE:200 KEY: 5513 TAX CODE:200 KEY: 5559 TAX CODE:200 GARZONE• ANN L BARRYj, JANICE CROSdY• DONEEN 8o NASON HILL RD 500 HARLAND ST 7 112 CENTRE ST APT 31 SHERUORN MA 01770-0000 MILTON MA 02186-0000 CAhdRIOGE MA 02139-0000 PAR: R018 087. PAR: R018 085.002 PAR: R018 072. KEY: 5540 TAX CODE:200 KEY: 5522 TAX CODE:200 KEY: 5381 TAX CODE:200 LONG• DAVID J 8 MICHELLE I LAZOTT• WILLIAM J 8 CONROY. MAURA 54 TERESA ROAD LAZOTT• ANTONIA M 1355 CANTON AVE HOPKINTON MA 01748-0000 36 HYDER ST MILTON MA 02186-0000 WESTBORO MA 01581-0000 PAR: RO18 071.001 PAR: R018 071.002 PAR: R018 086. KEY: 358990 TAX CODE:200 KEY: 359007 TAX CODE:200 KEY: .5331 TAX CODE:200 COURTINES. VELMA L BUCKLEY. SUZANNE COURTINES. VELMA L 162 BOWLES PK 6338 COCOA LANE 162 dOWLES PK SPRINGFIELD MA 01104-0000 APOLLO BEACH FL 33572-0000 SPRINGFIELD MA 01100-0000 PAR: R018 070. PAR: R018 125.002 PAR: ROTS 125.001 KEY: 5363 TAX CODE:200 KEY:. 408482 TAX COOE:200 KEY: 408473 TAX CODE:200 MURRAY, ANNA M . OCONNELL. JOHN J DEMATTOS. PAULO V MAIN ST P 0 BOX 2012 143 NICKERSON RD COTUIT' MA 02635-0000 COTUIT MA 02635-0000 COTUIT MA 02635-0000 PAR: R018 097. PAR: R018 096.001 KEY: ' * 5648 TAX CODE:200 KEY: 368220 TAX CODE:200 'JAVIS• SARAH B WHALENP ROBERT J B RUTH W 8 PINE-.HILL :RD WHALENPRJ JR 8 M W 6 D G PRINCE'T'ON MA 01541-0000 142 STANFORD DR WESTWOOD MA 02090-0000 Proof of Publication Town of Barnstable Zoning Boar!of Appeals Notice of Public Hearing Under The Zoning Ordinance for June 19, 1996. To all persons interested in,or'affected by the Board of Appeals under Sec.11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that.• 7:30 P.M. Luff Appeal Number 1996-55 . Timothy Luff has appealed to the Zoning Board of Appeals for a Special Permit pursuant to Section 44:4 Home Occupation to locate an architectural'offlce above an existing garage. The property is shown on Assessors Map 037,Parcel 18 and is commonly addressed as Parcel 18 East Lane,Cotult,MA in an RF Residential F Zoning District. 7:45 P.M. Collins Appeal Number 1996-56 Damon Collins has petitioned to the Zoning Board of Appeals for a Variance to Section 3- 1.3(5)Bulk Regulations. The existing 24 x 28 Garage is 20 Inches too close to the sideline setback. The property is shown on Assessors Map 048,Parcel 005.001 and is commonly addressed as 5 Drumble Lane.Marstons Mills.MA in an RF Residential F Zoning District. 8:00 P.M. Haskell Appeal Number.1996.57 Richard J.Haskell,Trustee has petitioned to the Zoning Board of Appeals for a Variance to Section 3-1.3(5)Bulk Regulations.The Petitionerisowneroftwoadjoining lots.one ofwhich is built upon and which were formerly individually owned and seeks percussion to maintain. each lot as a separate building lot. The property is shown on Assessors Map 121,Parcels 514.52 and Is commonly addressed as 140 Hickory Hill Circle.OsteMlle, MA in an RC Residential C Zoning District. 8:15 P.M. Weitz Appeal Number 1996-58 Gerald 8 Virginia Weitz have petitioned to the Zoning Board of Appeals for a Variance to Section 3-1(1)(A)Principal Permitted Uses.The Petitioner is seeking to legitimize a 2 family dwelling that has existed since the 1970s. The property is shown on Assessors Map 325. Parcel 010 and Is commonly addressed as 401 Ocean Street, Hyannis, MA in an RB Residential B Zoning District. 8:30 P.M. Coronella b Dewing Appeal Number 1996.59 Lenny Coronella&Ernie Dewing have appealed to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-5.5.(2)Expansion of Pre-Existing Non-Conforming Use. The Applicants are cumentiyoperating a bait and tackle business which also seels prepared food. They want taadd a bakery that would also serve takeout sandwiches. There would be no tables forfood consumption on site. The property is shown on Assessors Map 024.Parcel 20 and is commonly addressed as 4424 Falmouth Road,.Cotuit,MA in an RF Residential F Zoning District. 8:35 P.M. Coronella b Dewing Appeal Number 1996-60 LennyCoronella 8 Emie Dewing have petitioned to the Zoning Board of Appeals for Variance to Section 3-1.4(5)Bulk Regulations. The buildings are located with less than the required side and front yard setbacks.The property is shown on Assessors Map 024,Parcel 20 and is commonly addressed as 4424 Falmouth Road,Cotuit.MA in an RF Residential F Zoning District. 9:00 P.M. MacLeod Appeal Number 1995-76 By orderof remand Barnstable SuperiorCourt Case No.95-523.Burton MacLeod-Howard Johnson's Duck Inn Pub has appealed to the Zoning Board of Appeals for a Modification to Special Permits Number 1990.27 and 1994-99 to remove conditions nurribersl and 5.The petitioner is seeking to allow the patio area to have an awning and to adjust the seating limitations. The property is shown on Assessors Map 308. as.Parcel 081.001 and is commonly adddressed as 447 Main Street..Hyannis,MA in a B Business Zoning District. 9:15 P.M. Long Appeal Number 1996-61 D.J.b Michelle Long have appealed to the Zoning Board of Appeals the decision of the Building Commissioner to issue a Building Permit for a Single Family dwelling.The property is shown on Assessors Map 018.Parcel 090 and is commonly addressed as,26 Charlotte Avenue.Cotuit.MA in a RF Residential F Zoning District. , These Public Hearings will be held in the Hearing Room:Second Floor,New Town Hall,367 Main Street. Hyannis, Massachusetts on Wednesday. June 19. 1996. Al plans and applications may be reviewed'at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street.Hyannis.MA. Gail Nightingale.Chairman Zoning Board of Appeals The Barnstable Patriot May 30 8 June 6. 1996 "E A Town of Barnstable Planning Department 230 South Street, Hyannis, Massachusetts 02601 ,r 639. ' (508) 790-6290 Fax (508) 790-6288 MEETING OF LOCAL PLANNING COMMITTEE 8 CAPE COD COMMISSION WEDNESDAY NOVEMBER 20, 1995 at 7:30 SCHOOL ADMINISTRATION BUILDING 1ST FLOOR CONFERENCE ROOM 230 SOUTH STREET AGENDA 1. Review of the 10-22-96 and 10-23-96 submittals Cape Cod referenced in the Cape Cod Commission Planning Committee Review of the LCP. 2. Other Business. r rb - 1{7-140 3 C60-a Cape Save Inc. 7-1) Huntington Avenue South Yarmouth, MA 02664 Tel: 508-398-0398 Fag: 508-398-0399 3/23/17 -j CD NI) -� Thomas Perry CBO - — Town of Barnstable r, Building Division 200 Main St. Hyannis,MA 02601 `C�. ri RE: Insulation Permit 17-403 Dear Mr. Perry This affidavit is to certify that all work completed for 26 Charlotte Ave, Cotuit has been inspected by a third party Certified Building Performance Institute(BPI) Inspector. All work performed meets or exceeds Federal and State Requirements. Sincerely, William McCluskey _ TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 9t0 . Application # r� V43 Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH — Preservation / Hyannis Project Street Address a C�0.r l' g P. P;J� Village Co�y`I Owner UG ACw n 11 n S e,i` Address �0. Telephone Permit Request a r_ 1V G3 Y1 aS �e J Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 54 Lot Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. s Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units) � t•"y V A Age of Existing Structure Historic House: ❑Yes ❑ No On Old King�Highway:c ZI Yes❑ No co Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑Other _n Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft� Number of Baths: Full: existing new Half: existing nor Number of Bedrooms: existing _new r" Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes XNo If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION -- _ - (BUILDER OR HOMEOWNER) Name I ( G I e� C`a L �Je, n G Telephone Number S 9$ 3 9 g Address ' ��n�� A( f P, License#_ '(a.cM d i�� rn �(T Home Improvement Contractor# l �� Email Worker's Compensation # VELIS.S ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �,.rm QyJ�1 SIGNATURE DATE a � 3 S FOR OFFICIAL USE ONLY ;APPLICATION # ".DATE ISSUED }MAP/ PARCEL NO. ADDRESS VILLAGE OWNER ' DATE OF INSPECTION: r FOUNDATION FRAME INSULATION FIREPLACE '+ ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL r• - GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT y:�- ASSOCIATION PLAN NO. i The Commonwealth of Massachusetts Department of Industrial Accidents I Congress Street,Suite 100 Boston,MA 02114-2017 www massgov/dia Workers'Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name (Business/Organization/Individual):Cape Save Inc Address:7-D Huntington Avenue City/State/Zip:South Yarmouth, MA 02664 Phone#:508-398-0398 Are you an employer?Check the appropriate box: . Type of project(required): _ 1. ✓�I am a employer with 15 employees(full and/or part-time)_ 7. Q New construction 2. I am a sole proprietor or partnership and have no employees working for me in ❑ 8. ❑Remodeling any capacity.[No workers'comp.insurance required.] 3.�I am a homeowner doing all work myself.[No workers'comp.insurance required.] 9. Demolition ❑4.[]l am a homeowner and will be hiring contractors to conduct all work on my property. I will 10 Building addition ensure that all contractors either have workers'compensation insurance or are sole I LF�Electrical repairs or additions proprietors with no employees. 12.❑Plumbing repairs or additions 5.❑I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.E]Roof repairs These sub-contractors have employees and have workers'comp.insurance;+ 6.❑We are a corporation and its officers have exercised their right of exemption per MGL c. 14.❑✓ Other Insulation 152,§1(4),and we have no employees.[No workers'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 sub-contractors and state whether or not those entities have employees. If the sub-contractors 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: Star Insurance Co. Policy#or Self-ins.Lic.#: WC085540760 Expiration Date: 4/9/2017 Job Site Address:_26 Charlotte Avenue City/State/Zip:Cotuit Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation punishable by 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.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under th pains and penalties ofperjury that the information provided above is true and correct Si ature: Date: 2 3/17 Phone#:508-398-0398 Official use only. Do not write in this area,to be completed by city or town'official, City or Town; Permifticense# 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#: ACORU® DATE(MMIDDIY YY) CERTIFICATE OF LIABILITY INSURANCE 10/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT NAME: Colleen Crowley Risk Strategies Company PHONE E : (781)986-4400 FAX No: (781)963-4420 VC,No15 Pacella Park Drive E-MAIL :ccrowley@risk-strategies.com ADDRESS Suite 240 INSURER(S)AFFORDING COVERAGE NAICf Randolph MA 02368 INSURER A:Liberty Mutual Insurance Cc INSURED INSURER Allmerica Financial Alliance Ins Co 10212 Cape Save, Inc INSURERC:Ohio Casual t /Peerless Insurance 24074 7 D Huntington Ave INSURERD:Star Insurance Co INSURER E: South Yarmouth MA 02664 INSURERF: COVERAGES CERTIFICATE NUMBER:CL16101422377 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD MMIDD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE9- A CLAIMS-MADE X�OCCUR PREMISES Ea occurrence $ 100,000 BL81757246490 10/16/2016 10/16/2017 MED EXP(Any one person) $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 rl OTHER: $ AUTOMOBILE LIABILITY Ea acci en ff5 $ 1,000,000 B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED AWNA46796600 11/6/2016 11/6/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NOWOMED PR P RTY DAMAGE $ AUTOS Per ecddent X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2 000 000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I X I RETENTION 10,000 US057246490 10/16/2016 10/16/2017 $ WORKERS COMPENSATION Officers included for X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE Coverage E.L.EACH ACCIDENT $ 500,000 D OFFICERIMEMBER EXCLUDED? F N/A (Mandatory In NH) tiC0855407 4/9/2016 4/9/2017 E.L.DISEASE-EA EMPLOYEE $ 500,000 It yes.describe under ' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) E'vidence of Insurance / Insulation Specialists CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Housing Assistance Corporation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Barnstable County ACCORDANCE WITH THE POLICY PROVISIONS. Cape Light Compact 460 Main Street AUTHORIZED REPRESENTATIVE Hyannis, MA 02061 Michael Christian/CLC O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) drown of Bakostablle e 8l1R EtA.4S: uL&aa .S"biY+OdOC ;639 Ridl it16�,Di`4TWioa Tom Pe y,Binding Ce=n Honer 20OU&I Y yen ik-MA02601 www to*n.bat-ast"Me na us �fficc: 508462-4038 Fix: S08-790--6230 PrDper.ty Own"Must C[3 etC-.,and-S1g lUs SeCtioa Yf•tlin�,-t der ` 1_vim ,�-:;.A o.��• ;.�c, ,as Q ra9 of.=tl�04) ptbi erty &r4yau q&..e_ Eo.aC ,o4:.Zybehai#;. is-L-mium.mlaty to workautho imd by this buM4 pemait•applicat n-for `P66 fames and a ors ate the es a raf e°: pp ni.P-661S .are iat t : e#eked°o wed bare� e.0 ll and aIl final wupectiolls ax e-P"e,J0 fined: ai .accepted. 4' signMMM of Owner. S flf ApPhc cam-- Prkt Name Priat Nam xi3-0 Daze QMRMs:OWNUtP s�ssIONPOO s Office of Consumer Affairs and Business Regulation 10 Park Plaza- Suite 5170 Boston,Massachusetts 02116 Home Improvement Contractor Registration - Registration: 171380 Type: Corporation Expiration: 3/14/2018 Tr# 419291 CAPE SAVE INC. WILLIAM McCLUSKEY - 7-D HUNTINGTON AVENUE SOUTH--YARMOUTH, MA 02664 i-7 Address and return card.Mark reason for change. Address Renewal Employment Lost Card SCA 1 0 2OM-05/11 J e er*A airs&Business ss Regulatic.'n License or registration valid for individul use only „-Office of Consumer Affairs&Business Regulation g y HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: 5 Registration: ,.171380 Type: Office of Consumer Affairs and Business Regulation Expiration._-:`3114/2018 Corporation 10 Park Plaza-Suite 5170 ' . Boston,MA 02116 CAPE SAVE INC. = WILLIAM McCLUSKEY 7-D HUNTINGTON AVENUE :�{•s, �,,, SOUTH YARMOUTH,MA 02664 Undersecretary Not valid i signature Massachusetts -Department of Public Safety Construction Supervisor Specialty Restricted to: Board of Building Regulations and Standards CSSL-IC-Insulation Contractor Craystrucfiloa Sunei%iIiar'anedali_.• License: CSSL-IO 776 WILLIAM J MC qgtU 37 NAUSET ROAb J f West Yarmouth]YlA Failure to possess a current edition of the Massachusetts Expiration State Building Code is cause for revocation of this license. Commissioner 06/28/2017 DPS Licensing information visit: WWW.MASS.GOV/DPS YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1st FI., 367 Main St., Hyannis, MA 02601. (Town Hall) and get the Business Certificate that is required by law. DATE: Fill in please: utfo, ! APPLICANT Two ti.flS Cc3��llJG�� �,,ti,,,�•�:i:,� r�BS+�u ' z"°'i� 'S YOUR NAME/S: BUSINESS YOUR HOME ADDRESS: 2io c_Na �-��1 IY�'S� AV G TELEPHONE # Home Telephone Number - 1 b S 5 o R CT- 1 " NAME OF CORPORATION: NAME OF-NEW BUSINESS • u F'IRT TYPE OF BUSINESS kaft Sa= IS THIS A HOME OCCUPATION? YES NO ADDRESS OF BUSINESS. AprQiT 0Vc ' MAP/PARCEL NUMBER (� 1 `� v '� (Assessing) i When starting a new business there are several things you must do in order to be in compliance with the rules and regufations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner. of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING CO ISSID R'S OFFICE MUST COMPLY WITH HOME OCCUPATION This individ al ha e inf�tm d f y erm'. requirements that pertain to this type of business. RULES AND REGULATIONS. FAILURE TO ut oriz Si na r COMPLY MAY RESULT IN FINEM OMMENTS J Iln - 2. BOARD OF HE TH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: Town of Barnstable of Regulatory Services Richard V. Scali,Director anaxsTnst.e. 0 Building Division M^ES. $ Paul Roma,Building Commissioner i639. ♦0 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: Permit#: �- HOME OCCUPATION REGISTRATION Date: `7l J I� Name: '? c42 C ��ic2�_ -rFr. �t_ Phone#: 1 1 Dc-,� Address: `� L1-(��s _I{� i Village: Lo-ru rr- Name of Business: S30 ULA)-)GC(2. pRrTs Type of Business: iA QZ_T1 S T Map/Lot: 6 I U J INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • ' Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration, smoke,dust or other particular matter, odors,electrical disturbance,_heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to, exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be. included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I, the undersigned,hav d agree with the above restrictions for my home occupation I am registering. Applicant: Date: Homeoc.doc Rev.06/20/16 YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town'Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. DATE: Fill in please: \S\J YOUR NAME S: 2to c -\A2�orr� Apt�- LoTu ►T M A OZIo'� R ' APPLICANT'S � / BUSINESS YOUR HOME ADDRESS: ::�a�c>Mh g.: .s'. �3�-1--1\Q"O -- 4'" n9' ` � i::.ay1;< :I TELEPHONE # Home Telephone Number sJ3SVL!J3fa4:�G;— 1 2 NAME OF CORPORATION: NAME OF-NEW BUSINESS t��c� �bF� Boa 1 A h TYPE OF BUSINESS IS THIS A HOME OCCUPATION? _YES ND ADDRESS OF BUSINESS. MAP/PARCEL NUMBER - (Assessing) When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING CO SSIO ER'S OFF E This individM al he a in e �W_akemit requirements that ertain to this type of business. MUST COMPLY WITH HOME OCCUPATION RULES AND REGULATIONS. FAILURE TO Au onSi na a**OMMENT I _ COMPLY MAY . FG - 2. BOARD OF HE TH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: _ 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: Town of Barnstable Regulatory Services Richard V. Scali,Director II srnst.e. t Building Division neax MAS& Paul Roma,Building Commissioner i63Q. ♦0 'O�Fp Mp1 A 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: Permit#: HOME OCCUPATION REGISTRATION Date: "7 S Plo e' i � ;fTti�o yew�� Phone#: Address: Z to t-%-c,P.C -L,o rr� d'�V Village: Gc>Y' 3%'r Name of Business: N ppo 6 S o c-t ,-C__ Type of Business: 4 Map/Lot: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the-Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,hav and agree with the above restrictions for my home occupation I am registering. Applicant: L- Date: o Homeoc.doc Rev.06/20/16 r =Tr- Hi �: 'I LI j -;_!------- t �I .. ......... i ----------- ,. is Ir u • �,I \�; ... — - _. r� .ter[;,.. a `..t.7 k.�> r(t' �• 114- MR, NPR a a. �,,WWIRS-4 ME ION A fma-M&T.- , i J-ZL= ji Eli CIA I O- i EEI F_= ga T I�: `LL--I Eli EF1- pXI(y _VW5 1--o-it Ele . L)CAYTO,V . Z`6 chc-r1-,)1z-c Av. Bant,,:Wk Yz V ma at. cing ;Iz r `'%'�" �.'j � :..,•—,,,,'III - � - - -•- •) "ice,. C'� e., � I� I lwr " / \ r •.'I i.DY //17 ltsl i '' / \,�\ �� /� i/:"I'Itno�d:11•::d;tiet _ I � v:::;%• ,ii i� \\ �•�� � I-d.,;r[dEKS L•Ivda64.o ili I�t.'. 5/a i.&G. `\. `�. —�1{I�,.v,..,L rrM 1•w• II -5..,',y'fa- PI Ill iYlNna�lelhq-� �I�-2n��as II I'I II I'`�L, _r P II_au is�r fl. I I Ii ..,;�,�,� � �:,�:�•�• III I � trm.) 1�'I ql 1/2"Vl�rk,,•�I+cwd IIIV4 c,,'S i XI�� _- III rh anVaX=r'I l' r 3 to 't•.Y. 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CNA2'x3'rJ' CCn.'C.FC7L'Ik 1 i ; ! 1 i , r,:;h' —_._.__._—_—.--_—_,•'p_ _____'_—_--___.__._____--._—. �i�a�:Y.Y.::1 :. 7i✓:. .7E'.ik� i LGC;tT%G�•` .£6 ciuw-fotte a:�. 1)iu•;�s'ttble _..'�.a. tt�::gcrs f�� It •4-:_!t � .i<.�.t. �,. r- k f+.Y� r➢` 7iii7l�✓ ,.,� i 'c tt... +s� cC, 't -s t. - h - _c �.,..1,.-. '• 'h'ol':::.:, ... ,...:d..�„•,•h,. ...�" ♦ •X, ci ?is f ,(. R -�. �a.t i C.: ••ic a u��} .n•t.I.,.,':S:':..1.' �7r.] F�! Y'' t<. �\ iS� J f7 I.�� ':� ��,,yy"" - ii _4.srt:. ..,�,�.,.s �,L.: '•..r -+� 'yF. c ..t.�...r 'la-- r ,ca�,.v,::r.,`-,.�: �-' ..y '�:.tY"�.,, "hr'"-� _"F ,{ g .y .K i.t$:•;sv:�,�+,: cL "4-.a;y: r.�...p .s �:.M i;�.er. -.a•� -�17t;,-�F '.£!- aYr �� t-n. -l.�Y ';s`. .w ..Y.t...t r .w �a;. .at': � r_. �"Z, •"Cff`- .:��� ,a- .t: :..C^'.r.•i •,e.,s.g•. t .v '•e:.,.i., � e -.e K- ���,��" �}'. 'Mx�'kn �.•�:�,r` .�� s+1'u. 41: f� �L: l�!`}.� tt,• s .. J �:ti'�.....-�?tt..—�..:.�...�___,..,...._.�:t.:,_t.,+..:;z'_d..?`•:rG:�,...,a....,:..:i,ztu...,�t..n..� e..�_�._.__...:,�-..2r:,.n.-_................•r.^'.�_....s___:�S'_�_:.......".s...,i.,...n.��. ... ._. .Y,'.R.:____...�'._�,. ..t;._,.� �'.�:a'.:_ :.._.._ _ I ' i� {are�a_a•r+cw^e� )t f \ Ir IF jo Oc !C 26 ,irs^4:;F .tr- i,a,nst t'!c •IE'99 2F'1[' _i f lA y.231 A.rK..•�}L I r�-Srk R ....�,....._..__.P..-ice ..:..:: ....�._..... . :....:.. .-....-:._.._...,...:.. . ._. ....:...-_�. ..-_... ... .. ........_..�. __ ......,.�._,. I c i ' �I 2°Y,10 ,2'Or:. f ;int 31 _ !I §i r i I-- i � f-:ire •�� I _ 'I •• �UC:1�T,_. :io r.r:,zrio�.;. •. ;'ha,•a.:; �fcc. � -•c1) IL �1. fir. .?r>: - . . . : -. .. ��• � � . 1 PAUL S. MILLIKEN ATTORNEY AT LAW 20 North Street P.O. Box 3757 Plymouth, Massachusetts 02361 Telephone (508) 747-5515 April 4,1996 Mr. Ralph Crossen Building Inspector Town of Barnstable 367 Main Street* Hyannis, MA 02601 RE: 26 Charlotte Avenue, Cotuit MA Barnstable Assessors Map 18, Lot90 Zoning Status Dear Mr. Crossen; I have been requested by Stephen A. Webby to conduct -a thorough examination of the title to the above referenced property and the lots adjoining it. The above referenced parcel is shown as Lot 7­on a plan entitled "Bay View Park-Cotuit Mass. , Cape Cod; George P. -Russell Owner and Developer, Scale 40 feet to an inch, Frederic O. Smith, C.E." recorded in Barnstable Registry of Deeds Plan Book 19, Page 39. Said Lot 7 is shown as containing 5140 square feet with 79.20 feet of frontage on Charlotte Avenue. Based on my examination to said lot and the adjoining parcels, I have determined that at no time from March 14,1928 to date has there .existed common ownership of said lot and any adjoining lots. Furthermore I have examined the records at the Barnstable Town Clerk's Office and determined that the original Zoning By-Law for the Town of Barnstable was adopted June 14,1929. Therefore it appears that the above referenced Lot of land would be governed under and meet the requirements of Massachusetts General Laws Chapter 40A Section 6, paragraph 4 for a single.or .two family residence. Ihave enclosed a copy of the plan and starting deed from my title examination as well as a certified copy of the Town Records. If you have any questions concerning matter please contact me. Sincerely, Paul S. Milliken TG�f2i� G� �h�iJ3T/�3 Lz aG-) /►��„� �� -Ppa ot= � T9 7 ��y - UN� 413 UZ'Te-P-S PizoTc-" svt ��c 1ri �►�s-� IIS�IT �•3- I�- l�s c3 . �lt� AsC''i 'FkO-t> AuVt� tu �- yrec� I iV l�nv Age-t. AA � � � , n7-30-1997 11 :ASAM FROM JENEvE CORP 617SBS1478 P 1 . imeve C0711 ,sf Pam.�,PCyr►!yfory A1R o23G7 July 30,.1997 Town of Barasiable Building Department 367 Alain Street Hyannis,MA. 02601 CRe_26 Charlotte A_venue,-Cotuit At tn:_Ralph_Crossen I am writing this letter concerning your inspection dated 7129197(see attached correction notice). The items in question are outlined as follows: 1. Bedroom in basement-we will not use the basement for a bedroom and the bed has been removed. 2. Fire rated door-the door in the garage is afire rated door with automatic closing hinges. 3. Deck stairs-they will be completedfor inspection. 4, Kraft insulation in attic-will be covered with poly prior to iaspection. 5. Laundry shaft-this shaft was intendedfor a chase and is drywalled inside and outside. It is my opinion that it does not violate State Building Code because it will be an enclosed capsule when we seal it off in the attic. A suggestion of Stephen Ondrick,Structural Engineer, (6Bonnie Road, Weymouth,MA. 02190)to further satisfy the local Building Inspector, is to f ill the capsule with insulation to prevent any draft. 6. As per our conversation on 7130197at approximately 8.30 a.m.regarding front and rear decks. .1 am assured by my council that both decks are legally situated under the language of Chapter 404,Section 6 and current case law. jf you feel.the original permit describing these decks must be amended,I am only too happy to comply. 7-30-1997 11 :46AM FROM JENEVE CORP 6175851478 P. 2 7. 1 request a compliance inspection Thursday afternoon,July 31st,or Friday morning,August 1st. ,Please not6 Stephen A. Webby 617-5&5.0700 to schedule. Sincerely, Stephen A. Webtry CC.* Attorney.Bernard T.Kilroy Stephen Ondrick. Structural Engineer TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parc Application #C;V/dv/a 7 Health Division Date Issued Z l I Conservation Division ,�- Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Boardj Historic - OKH Preservation/ Hyannis Q Project Street Address Village C07U/7' Owner Lle�F Alnq j c�- Address 626 01&1_071A7- IIULA166 C07U/7" Telephone (j57 ) ,ga3 - 07(a3 (ki� Permit Request C44,5060- JV,1--7J D66K /A) 54 r� ' �, anl �� s,�� ��rr1��1s��icl (i,�lc�. �����►� � s,�.s l Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District R —Flood Plain Groundwater Overlay Project Valuation Construction Type w006 Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing woo8q,oal stove,❑Yews ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: 0 existing Whew::eize i Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:C) o a� w Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ W cry Commercial ❑Yes ❑ No If yes, site plan review# o �- Current Use Proposed Use `n APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name HED CUSTaYY) 3bXQ69, Telephone Number 774 Address P0- 30)C Z/ License# CfS a.33.1 IM 624�68 Home Improvement Contractor# Worker's Compensation # AIA ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN T9, Old S/Tt 2? DIYOSD) 09c 4r- R02,6 J D S 41 SIGNATURE % 09 DATE ;3�ZJ/J 0 FOR OFFICIAL USE ONLY APPLICATION# r DATE ISSUED, MAP/PARCEL NO. ADDRESS VILLAGE i OWNER DATE OF INSPECTION: FOUNDATIONS FRAME INSULATION -- W FIREPLACE ' 6` ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL j GAS: ROUGH FINAL FINAL BUILDING 2-b /3 DATE CLOSED OUT ASSOCIATION PLAN'NO. i;:/ - r I MAR-22-2010 19:33 From: To:1 50e 771 3496 P.2/2 Town of Barnstable $ Regulatory Services Bpi Thomas F.Caller,pimetor Building Division omPerry;-W1dl6g-Ceibmttsrdad 200 Main Strect, Hyannis,MA 02601 www.town.ba rnsta ble.maxs Offico: 508-862.4038 Fax: 508.790.6230 Property Owner Must Complete and Sign This Section If Using A Builder I_ LE IE NORKESaM& ,as Owner of the subject property -- --hereby autbozize_R 'X> &J-S-O D ButlXF'12C , 1/yC. — to act on my l5ebalf, rr.. In al matters relative to work authorized by this building permit application for, (Address of job) � 3 Signature o caner Date 1 Fl a1oRF7.IBER�G- Print Name If Property Owncr'is applying foe permit please complete the FIdmeowners Ucensc Exemption Form on the reverse side. Q FORMS:OWNERP8 MISSION I I ->�ient;qnc. j � r Massachusetts- Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License License: CS 7,0332 Restricted to: 00 KEVIN BOYAR PO BOX 716 T� ; W BARNSTABLE, MA 02668 y Ex iration- 9/5/2011 \' ('onunisviunrr Tr##: 5402 �1. TaomvinovuuealQi ./�aaoar/euaetla,per �\ Board of Building Regulations and Standards -� HOME IMPROVEMENT CONTRACTOR f Registra#Ibm,162150 \ 261201.1 .2>IQQ3t. ,.gip_=� gpe� ilitate Corporation B 8 D US, TOM.BtJ `M-`_ikM.!'t I KEVIN BOYARa '/%r \ 1' 60 MAIN STRE -�7 WEST BARNSTABLE,iaAa 68 .-Administrator Licepse•gif registration valid for:individul use only { before i.a expiration date. If found'return to: ; Board of Building Regulations and Standards G{ 'dne:Ashburton:Place Rm 1301 Boston,_Ma.02198 V. t vaiid without si ture Post Office.Box 21 • West Barnstable, MA 02668 • Ph: 508.833.61"89 • Fx: 508,771.3496 • www.bdcapecod.com The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations + d 600 Washington Street Boston,MA 02111 ,Veye www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/El ectricians/Plumbers Applicant Information Please Print LelZibly Narne(Business/Organization/Individual): ? 057VY'; : Q1LJ9&C /AJe Address: PO BOAC a/ City/State/Zip:u�. i9f l�la t� ` /'YID Phone.#: 630-6189 ` F&— 7 - 94-136 7 Are you an employer? Check the appropriate box: - Type of project(required):. 1.❑ I am a employer with 4. E;I ain a general contractor and I 6. © I�ew construction employees(full and/or.part-time). * have hired the sub-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. Ei<emohtion working for me in any capacity. employees and have workers' 9 ❑ Building addition comp. insurance.t [No workers' comp.insurance required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions re 3.❑ I qu a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof 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. IContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors 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: A — Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: 0A(2,h Z D7 City/State/Zip:1'67V1 T, 3S 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 der the pains and penalties of perjury that the information provided above is true and correct. Si atur . CUSTOM Date: _ 15U 1 t ZUS a K!e Phone#: e� Official use only. Do not write in this area, to 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#: 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 encployer 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-contiactor(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 permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"I:he 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 burn 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 Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations. 600 Washington' Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-977-MASSAFE Fax# 617-727-7749 Revised 11-22-06 www.mass.gov/dia II 1 kea[tj eCo went, qnc. SIJBCO - TOIZ LIST EXCAVATION Earth&Stone Contact:Michael Takach Phone:(508)776-7003 FOUNDATION FORM WORK P&S Concrete Contact:Patrick Orcutt Phone: (5t1N)477-5642 FOUNDATION FLATWORK .Richard Powell Phone: (508)477-1113 CONCRETE CUT WORK Cape Cod Concrete Cutters Contact:Evan Filion Phone: (508)295-1900 FRAME&INTERIOR FINISH Brylindsen Carpentry Contact: Jesse Brylindsen Phone: (774)836-8799 PLUMBING Dan's Plumbing&Heating Contact:Dan Asquino Phone: (508)224-7400 HVAC Haglof Heating&Cooling Contact:Phil Haglof Phone: (508)888-8368 INSULATION MAP Insulation Contact:David Murphy. Phone:(508)888-3599 BLUEBOARD&PLASTER DeCharles Plastering Contact:Tom DeCharles Phone: (508)430-2316 PAINT Stewart Painting Contact: Sheldon Stewart Phone: (508)362-8023 Post Office Box 21 • West Bamstable, MA 02668 • Ph: 508.833.6189 • Fx: 508.771.3496 • www.bdcapecod.com r � r 4 't •�1 •�x�,�1-�'�C• `,+yam*, �� �`�•� Y _"4. �• "�.� 4�i °ate J err >1' fr�l:-•v'eYr�i ;f1 'ram►'..- a, t �, ,w.� �' ,fee •e.. �` =r��e� eese• r --•%OMAN y > t vel ly Nol an �.'1� !7rJ-t�`grtj'1,K ��'' N`J�,�j�•r. �+1..��-�� : -_ �r *• `r'� ,s ��. + �t ram` + 1 .�Y } va + .Ir t i a I 9 l •-+{ 7 �,t fir; SIMPSON Lilt Bug OMH@@gom 1 41 .4 i {j Jy S C� 3 Pli J , f Doug Rr/Sou&m Phe Allocable Loads Model l- No Description Fasteners upuD Dorn Latent (133n6D) (100) (133A60) JOIST HANGERS WS26SS For 2x6,2x8 Jost 4-SS10D to header,4-SSl0D to joist 930 830 — WS210SS For Z d0,2xt2,2xl4 foist 6-SS10D m header.4-SS10D to joist 930 1275 — LUS26-2SS rar 081.2x6,2d joist 4-SSIM to header,4-SS16D to joist 1140 1000 — LUS210-2SS For OR 2do.202 joist 8-SS16D to header,6•SS16D to joist 1710 1765 — I POST CAPS p, ,ac4ss For 4x list 14SS16D m Ixrrrm,14SS16D m past 25M See note 1 1070 ACE4SS For 4x post 10 SS16D ro beam,10 SS16D m post 176s Hs-eete 1 1070LCE4SS For 4x or 6x post 14-SS16D m team.1D•SS160 m post 1800 te 1 1425 AC6SS for 6x post 14SS160 m beartn,l4SSi6D m post 25M See note 1 1070 r r; ACEMS For 6x post 1D•SS160 to beam,10•SS16D to post 1785 See note 1 1070 , ,• , CAP rr• . BUSS I For 4x post 16-SS161)to post,6•SS160 to bmWdeck See not 1 I 1000 , POST/COLUMN BASES , ABU44SS For 44 post 12-SS16D or 2-IN SS MBs m post(45 am:har d a) 1800 6665 — ABU46SS For 46 post 12-SS16D or 2-IN SS MBs to post(46'anchor Sna) 2255 10335 — --- - ABU66SS For 66 post 12-SS16D or 2-W SS MBs to post(off anchor dia) 2300 12000 — r ABUBBSS For 8x8 post /8 SS16D m post(2 'armm3mor da) 2320 24335 — Y/ Fla* 63 C844SS For 4.4 post 248 SS MBs to post 4200 See crone 1 — r CUMFor 4x6 post 2-4L'SS MBs m post 42DO Sea note 1 — CB66S5 I For 66 past 2-W SS Mb to post 4200 1 See note 1 — HURRICANE TIE r` Hurricane rm 15•SS8D to nfler/truss,5-SS90 to plates 415 I See note 1 I 150 _ FRAMING ANGLES A34M Mutti-purpesea" 8-SSN8total 365 345 — A35SS MU��J 12-SSN8 total,bend am time only 4 00 450 — TA9SS PAU514 x 1'fi'SS Lag Saews totalr — 445 — MOSS Staircase angle 7-'/.x I SS Lag Slreti7s total' — 595 — LS50SS Skma6teangle 1 8-SS101) — ACRYLIC-TIE&SET EPDXIES AT Acrylic-ie Aay6c all-weather formula(deal for cold weather) Use with Simpson ReWri-Bolts SET Epoxy-rm Highast sbengffi epoxy formula or standard threaded rod- 'S NAILS , SSNB (8d)0.131 x 1'.5 Smooth shank t r SSBD (8d)0.131 x 2W Smooth shank ,r� SSN10 (10d)0.148 x 11N Smooth shank SS10D (10d)0.148 x 3'Smooth strank SS16D (16d)`0.%2x316'S;o shank wanlaq% COLLATED DECK SCREWS • , ��tBI SSDTH212S #7 x 2 h'Trim lead Drive with DD PR0250,OD PROMOS,QD2000SDS MUMS 17 x 3'Trim head Drive with DO PROMS,OD20aMDS - - SS3DSC8212S #10 x 2'B Coarse thread 1 Drive with DO PROMS.QD20MDS ——— SS3DSC83S I #10 x T Coarse thread I Drive with QD PRO300S,Q=00SOS Oar tools and saevrs toter an inl 9mMd 4stens roc bg MY,aoanam aml Seome da i bsW Lig- r r r NOTES FOR CONNECTORS - — 1.Downloads are based on wood bearing ama. A�k9 2 f em-bales and toad hale as shall be par 20t%N.V4 spwfflm ions 3.Use sWriless steel fasteners. 4 Sae Wood Co on CeoueChvs catalog forf lstaf/ation notes and dmrmonat iniommbon IN�N ACE4SS or LCE488 CORROSION INFORMATION o O ° swllnless steel connectors am for use ❑ _ In high exposure and some outdoor - a o 1I1''� ° envlmnmerds to protect egatnst Corrosion o ° ® and some prsssum4wed woods, �' ° scuuacrm22 Use stafnfess steel faalenerr with OAJ o stofnfess steel connectors. c o ° Well www.stmnglie.som/rlrM for o crlgcal Information. Post Caps Ties 4x post to 4x beam(girder). .e�M Must be used in pairs. „°j, I HDPAHOD BUSS or AUSS 2'h' 1 Txa N• l�l o 2°8 rtdn.) To SW 0°uR�bb Ou°u0h5°bYM 6 Oeb1i ro ndrf ypfal O guem nal tams 0.. o G 1 0 Post Cap Post Cap Ties 4x post to Ties 4x post to 4x beam(girder). ° 4x beam(girder). Must be used in pairs. 0 0 0 0 O � A96SS or LSSOSS HUSS C04488 ABU44BB LUS269S LUS26.298 a o � r o � I Framing Anchor Skewable Angle Hurricane Tie Post Base Post Base Light Shear Light Double Ties rim joist at comers; Ties joist to girder. Ties 4x4 post to Ties 4x4 post to concrete. Joist Hanger Shear Joist Hanger ties stair stringer to rim joist. concrete.Stainless bolts Requires stainless bolts, Ties ratter to beam. Ties girder to ledger. provided by others. sold separatety. 0 2008 SIMPSON STRONG-TIE COMPANY INC.RSOB r108 Up.1109 4 Q&A Q. Unvented Roofs and Shingle related problems attributable either to sprayed-in-place Warranties . insulation applied to the roof deck or to a lack of ventila- While the IRC has approved the use of certain "hot" tion—is not covered by the terms of our warranty. unvented attics, it seems that asphalt-shingle manufac- Also,before installing asphalt shingles from any other turers still recommend that their shingles be installed over manufacturer,I would contact the company for its rec- vented roofassembiles.Does this mean thatshingle manu- ommendations and to confirm that this type of installa- facturers will void their warranties if the roof deck is insu- tion won't void its warranty. fated with sprayed-in-place foam?A. BillWoodrin$directoroftechnicalservicesatGAF Q . Metal Connectors and Materials Corp., responds: GAF-Elk's shingle warranty Galvanized Coatings is still valid when the shingles are installed over a roof Can standard galvanized Simpson STHD strap-tie hold- deck insulated with SPF foam,which can be an effec- downs be used in contact with ACQ plates and framing? tive method of boosting a home's energy performance. We'vebeen schooled by our local buildingoffrcialstoavoid But foam that isn't installed according to building code placing anything but stainless steel or heavy-duty hot- requirements and manufacturer's instructions can lead dipped galvanized metal connectors in contact with ACQ to condensation problems,mold growth,and roof deck lumber,but these aren't stocked by our local lumberyard. deterioration.The issue,of course,is that the insulation can retard or block moisture-vapor migration through A. Chris Paterson, an engineer in Simpson Strong- the roof assembly, where it can then condense in the Tie's research and development department, responds.- framing,sheathing,and insulation.Expansion and con- Because new wood preservatives such as ACQ-D and traction of the roof deck from changes in moisture levels CA-B are roughly twice as corrosive as CCA-C, galva- can lead to buckling and distortion—even splitting—of nized metal connectors and fasteners used with PTwood the shingles. require thicker protective zinc coatings. So in addition Condensation problems tend to be more of a concern to offering "continuous" G90 hot-dip galvanized coat- in cooler climates,since vapor drive from the interior to ings(where a layer of zinc is applied to both sides of sheet the exterior of a building is strongest when exterior tem- steel at a coating weight of 0.90 ounce of zinc per square peratures and relative humidity are low and interiortem- foot) for its standard products and G185 (1.85 oz/ft2 of peratures and relative humidity are high.The unvented zinc) coatings for its ZMAX connectors and fasteners, attic guidelines in.the IRC (see R806.4, 2009 IRC) are Simpson sells post hot-dip galvanized.HDG connectors intended to ensure that warm, moist air won't cool to with approximately 2.0 oz/fta zinc coatings. Its dewpoint temperature within the roof assembly and In the continuous hot-dip galvanizing process, coil condense. But if I were a designer or specifier, I would and sheet steel is coated with molten zinc prior to fabri- also run dewpoint calculations when using SPF insula- cation.Post hot-dip galvanized products are dipped in a tion underneath the roof deck—regardless of climate molten zinc bath after they have been fabricated. zone—to confirm that the proposed roof assembiywon't How much corrosion resistance a connector needs Be- have a condensation issue. pends on where it will be used and the type of preservative If an unvented roof is insulated according to IRC guide- used in the lumber(see chart,next page).-For example,in lines and the recommendations of the sprayed-in-place a dry interior environment—the kind of location where foam manufacturer are followed—and if dewpoint caicu- STHD straps would be found if they were installed cor- lations confirm that condensation won't occur within the rectly, with the strap above the concrete and behind roof assembly—I wouldn't expect any problems.However, the housewrap and siding — our testing has shown since GAF-Ells does not supply the sprayed-in-place foam that a G90 coating offers plenty of protection as long as insulation,any damage to our shingles—or any other roof- youce using dry(less than 19 percent moisture content), JANUARY 2010 1 JLC 1 17 Q&A Connector Coating Recommendations for Various Exposures (Simpson Strong-Tie) taw:Use Suripmrr strndard�and GM gatrardmd eonrmct s as a ai th,-. . &=Use TMAIF gahwitmd convectors as a minirmmt Use trite m vAddr meet Um spedWrilom o1 ASTM A153 Or SOswenswithdorNO harderwatb4 No=Use TW 303.304,305 or 316 SUWess Steel cauwetms and fastettam ACO a" Untreated OOT . 6 Band or BonSIB .1 !& Wd1r t Aft AMMOrb Aar Aar tntaim—a" i lmr taw I ldrr j coca I Med ' WO HO I6gA 64aiw—Dry WW j WV fded &sW j WO ft fagtr Ifipd Faccekr—Bet am j WA' Mew- Mad" j fO go W �T C :yir` I 1.1Vaods with actual retention levels greater then 0.40 pd for AM aad MCO.0.41 pd for C0A-A,a 021 pd for m c"(QVUW corew leveq. con _ 2 Sa o%treated woods are nor apt for outdoor�. N s ka. 3.Test readts lodhafe UW IMOMIM and Um SOS douffle4wrfer waft Ma perform adepuarely,mMed to Mu- IV mahrtenance end prieft erection xorraer the nOWmil-Movied test metim aid,MWA E12-04,is an 3 A, armed IsA so data over an externled period of tlma Is nor naftW U uncertain,use stelnim del. U •. uild. 4.some treated wood a"have omess surface wemtals am"it t�itafb mere mom.n you sect UM or we uncertain.use stalyden steel. 5 rYhere acted io the te01e appgatimfs where the wood is dry lrrerahaa mrde d less than r990 wim iaswied and will remaM dry in-service rney use a m§dmum mating recommendation of'Low." o 6 Type 316 stainless steel mmwctm and fasteners are the mNBrtum r Wwwriation for ocean aft*and other m dkride environments. m ebuild is the'Idesdilatir)[11-Or ammonia-free ACQ-D lumber, or wood use the G90 STHDS along with an ap- treated with sodium or zinc borate. But proved peel-and-stick barrier membrane, if the treated ACQ lumber has a mois- such as Grace Vycor Deck Protector—but i products.ebuild cure content higher than 19 percent,or if be sure to use HDG fasteners. For ACQ the ACQ also contains ammonia (more with retention levels of 0.40 pcf or greater, and n&ijs. Pt-os visit -. loaic,their jobs la sier, common on the West Coast,because the stainless steel connectors and fasteners safer and 0-asier. ebuild connects ammonia solution allows ACQ-B to pen- should be used(though Simpson STHDs etrate difficult-to-treat species like Doug- aren't available in stainless steel). las fir)and has a retention level lower than For more information about Simpson's 0.40 pcf(pounds of preservative per cubic connector coating recommendations foot of wood), then you should use HDG and barrier membranes, go to strongtie STHDs and fasteners,which are available corn and look for technical bulletins by special order.Alternatively,you could T-PTWOOD08-R and T-PTBARRIER08-R. Q. Trowel-Applied Membranes Are the new trowel-applied membranes used for waterproofing showers as good as sheet membranes?Are some better than others? ■ ■ • Contributing editor Michael Byrne, — membranes as well. And by the way, .• degree a file setter and consultant in Los Olivos, liquid-applied membranes are not exactly productCalif., responds: I started using sheet- new—their use by first-century Roman membrane materials in the early 1970s tile installers is well documented. ebuild.cand was an early adopterwhen NobleSeal Since I tend to upgrade from the cite • TS came on the market.Today,I still use industry's minimum standards, I gen- TS,but I use liquid — or trowel-applied erally use liquid systems designed for 18 1 JLC I JANUARY 2010 , TECHNICAL BULLETIN BARRIER • • MEMBRANES : PRESERVATIVE-TREATED • ■ • t WOOD Page 2 of 4 GUIDELINES FOR SELECTING THE PROPER CONNECTOR ©Evaluate the Application. Consider the type of structure and how it will be used. These recommendations may not apply to non-structural applications such as fences. ©Evaluate the Environment Testing and experience indicate that indoor dry environments are less corrosive than outdoor environments.Determining _ .-. ...... the type of environment where a connector or fastener will be used Is an important factor in selecting the connectors and fasteners of the most appropriate material or with the For SehmHon When Using A Banter Membrane most appropriate coating.To help in your decision making, LOW= Use Simpson Strong-Tie Tie®standard painted and consider the following general exposure information: ps g- p Interior Dry Use:Includes wall and ceiling cavities,and ralsed- G90 galvanized connectors as a minimum.Use floor applications of enclosed buildings that have been designed fasteners galvanized per ASTM A153 or SDS to ensure that condensation and other sources of moisture screws with double-barrier coating. do not develop.. Med= Use ZMAX®/HDG galvanized connectors Exterior-Dry:Includes outdoor installations in low-rainfall as a minimum.Use fasteners which meet the environments and no regular exposure to moisture. specifications of ASTM A153 or SDS screws with double-barrier coating. moisture andnd rainfall environments. Exterior-l Includes outdoor installations in higher High= Use Type 303,304,305 or 316 stainless Higher Exposure Use:Includes exposure to ocean salt air, steel connectors and fastenersa.Do not use a barrier membrane. fire retardants,large bodies of water,fumes,fertilisers,soil, some preservative-treated woods,industrial zones,acid rain,and other corrosive elements.Type 316 stainless steel Connector Coating Recommendation When Using contains slightly more nicked than other grades,plus 2-4% a Barrier Membrane-structural Applications, molybdenum,giving it better corrosion resistance in high chloride environments. ACQ-c.ACGQ( ). ©Evaluate and select a suitable preservative-treated �f>d s�r rrco ► A= ' - ' E wood for the intended application and environment. eorrtas y !fly chemical The treated wood supplier should provide all the Information '"�'�A=coctur needed regarding the wood being used.This information Notshould include:the specific type of wood treatment used, '"' 'Dry HeedeA6 UW L01Y WW H;ah No rsyh a If ammonia was used in the treatment,and the chemical bdedor-Dry wag meg4 Meg4 High High High ►rCn E retention level.If the needed information is not provided Exieriar_Wet copy NkQ r . High 18ph Hip nigh S then Simpson Strong-Tie would recommend the use of o stainless-steel connectors and fasteners without a barrier av� Ken trfan High membrane.You should also ask the treated wood supplier umertain wag High High' High Hth K0 High = for a connector coaling or material recommendation. 1.Woods with actual retention levels greater than 0.40 pet for AGO and O Use the chart on the right,which was treated based MCO,0A1 pcf for CBA-A,or 0.21 pd for GA-8(Gmund Contact levy. on Simpson Strong-Tie testing and experience to 2.Borate treated woods are not appropriate for outdoor use. select the Connector finish or material. 3.Test results indicate tilt ZMAXINDG and the SDS double-barrier s If a treated wood product is not identified on the chart, coating will perform adequately,subject to regular maintenance and g Simpson Strong-Tie has not evaluated test results periodic inspection.However,the nationally-approved test method >5 used,AWPA E12-94,is an accelerated test,so data over an extended regarding such product and therefore cannot make any period of time is not available-if uncertain,use stainless steel. m recommendation other than the use of stainless steel without 4.Some treated wood may have excess surface chemicals malting it d a barrier membrane with that product Manufacturers may potentially more corosive.If you suspect this or are uncertain, Independently provide test results or other product use use stainless steel. information;Simpson Strong-Tie expresses no opinion 5.Zinc Borate is a perservative treatment for wood composites. regarding any such information. 6.SBXIDOT Sodium Borate and Zinc Borate are less corrosive than CCA-C.Therefore using G90 galvanized connectors 8 Compare the treated wood suppliers recommendation without a barrier is appropriate. With the Simpson Strong-Tie recommendation. 7.See technical bulletin T-PTWOOD for recommendations on If these recommendations are different,Simpson Strong-Tie applications that do not use a barrier membrane. recommends that the most conservative recommendation 8.Type 316 stainless-steel connectors are the minimum be followed. recommendation for ocean saft air and other chloride environments. TECHNICAL BULLETIN I BARRIER MEMB • • • PRESERVATIVE-TREATED • • l • 1 WOOD n 1 1 6 Page 3 of 4 INSTALLATION DETAILS Instailation tnstrnctieus: • Refer to chart on page two to determine • With barrier membrane,do not use standard(brite)or appropriate connector finish for your application. stainless steel fasteners. • Apply barrier membrane in fair weather when the air, • Due to its slight asphaltic odor,do not leave Grace vycor® surface and barrier are at 25°F or higher. Deck Protector'exposed to interior firing spaces(per • Install onto a clean surface. Grace product recommendation). • Cut to the desired length. • Trim barrier around connector as required by Grace • Peel the release paper,align the membrane and press Construction Products. into place with heavy hand pressure. ° See www.na.graceconstrucfion.com/dekdkprotector for • Install the barrier such that all laps shed water. additional installation instructions and other requirements. • Install Simpson Strong-Tie®connector with hot-dip galvanized(HOG)fasteners(per ASTM Al53)or SDS screws with a double-barrier coating. Typical Hanger installation with Composite Wood Typical Hanger Installation ONLY INSTALL HOG FASTENERS tariUl Solid Sarin Wood GN MIN. NON P.T. CONNECTOR P.T.LFDGER/ WOOD POST HEADER ', P.T.LEDGER/ G90 MIN.. HEADER CONNECTOR ONLY INSTALL GRACE VYCOR®� • GRACE VYCOIk® HOG FASTENERS DECK PROTECTOR' NON P.T.JOIST 690 MIN. DO NOT WRAP DECK PROTECTOR' CONNECTOR JOIST WITH BARRIER P.T.SILL PLATE P.T.JOIST GRACE GRACE VYCOR® Typical Ledger DECK PROTECTOR' Installation ONLY INSTALL HDG FASTENERS 4 sso MIN. Typical Holdown hrsbilation (Mudsiil connector m CONNECTOR applications similar) S NON P.T.JOIST P.T.LEDGER DO NOT GRACE VYCOR® WRAP JOIST� WITH BARRIER DECK PROTECTOR' e MEMBRANE co I L Exterior Use (No amnioiiia) Typical Exterior Hanger Installation Typical Exterior Post Base Typical Exterior Post Base W with Solid Sawn Wood installation Installation with Trim, ZMAK'MOG P.T. COATING,MIN. d ZNIAXIHOG P.T.POST ZMAX%X ~ COATING.MIN. cOAnuG,MIN. P.T.LEDGER/ C TRIMONLY ° HEADER ONLY INSTALL MATERIAL HOG (FASTENERS ONLY INSTALL • HOG FASTENERS BY OTHERS ° HDG FAS1T3i6iS GRACE VYCOR® GRACE VYCOR® : DECK PROTECTOR- DECK PROTECTOR' ON SIDES AND a ON SIDES AND BOTTOM OF POST P.T.DECK JOIST GRACE VYCOR® BOTTOM OF POST + DECK PROTECTOR a . dam P.T.=PfeServative-Treated Wood;MIN=Minimum The Cmiunonwealth of Massachusetts Department of Industrial Accidents I rj ,z ;� •�-� • �; Oflfceol/n�est/ga!/oAs - � 601) N'axhinrton Street Boston.Mass. 02111 Workers' Compensation Insurance Affidavit Applicant Information: Please PRINT Ie - name: location: 4cl /1/l A i At rk F T city LSING6107 4 MA 023(A phone{! 0 I -5 5 •0700 ❑ 1 am a homeowner performing all work myself. ❑ I am!�e aassole proprietor and have no one working in any capacity I am an emplover providing workers' compensation for my employees working on this job. comnan• name: (,5AMF A S MOVE) address: city: phone 0- insurance "r AV 1 li a~e ....�...-` ,..,. ,.1,.,-. ;tea .-« .;_,_.,.._.,.. ❑ 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: address: city phone No ipturnncc co. policy ft 17=1 - esa*m* •r *4':s it ._ - _ - -�-ss ctimnany name: address: city phone 0: insurance co. policy N :Attach additional•shcet if rieeess�L n "� - - Fuilurc to secure coverage as required under Section 25A of NIGL 1S2 can lead to the imposition of criminal penalties of a fine up to S1.500�.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. 1 understand that a copy of this state t play be forwarded to the Office of Investigations of the DIA for coverage verification. J do hereht cerr/fj r •r the sins at Wallies erjuq•tbar the information provided about is true and correct. Signature Date Print name 5-12 Phone# (4�:,11 -555-0200 oirrcial use only do not write in this area to be completed by ct, n official city or town: permit/license rY r-tlluilding Department [3Licen3ing Board check if immediate response is required C3Seleetmen's Office contact person: phone!/; MnOtherh Department (revised 3M P1A) • TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. : DATE JOB LOCATION Number Street address Section of town "HOMEOWNER" �LJ /�-SlPo2 - /�� �/7-���'S'-1J 7D0 Name Home phone Work phone - - PRESENT MAILING ADDRESS � �y� �• .' City town State Zip code The current exemption for "homeowners" was extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual -for hire who does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER: Person(sY who owns a parcel of land on which he/she resides or intends to re- 11 side, on which there is, or is .intended to be, a one to six 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 Stat Building Code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner ' c tt�f�e�m,that he/she understands the Town of Barnstable Building Depar en inspection procedures and requirements and that he/she will compl w' ro ed r s and requirements. HOMEOWNER'S SIGNATU ell APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35, 000 cubic feet, or larger, will be required to comply with State Building Code Section 127. 0, Construction Control. HOME OWNER'S EXEMPTION The code state that: "An Home Owner y 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 Home Owner engages a person (s) for hire to do such work, that such Home Owne shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for licensing Construction* Supervisors, Section 2. 15) . This lack of awarene often results in serious problems, particularly when the Home Owner- hires unlicensed persons. In this case our Board cannot proceed against , the inlicensed person as it would with licensed Supervisor. The Home "dwner' acti as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, ma. communities require, as part of the permit application, that the Home Owner 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 to amend and adopt such a form/certification for use in your community. i I I ..a :::::::.::::;:; ::::;;;;R:;:::;:i5>:.i::::.:::::::i:.::::;:s::i::i::i::i:::::::: i:::::i::::i:::::i::::::i::::;::i::i::<:::i:::::::: is2:"::i::i::i::i:::::::::::::i::::: i::i:::::i::::::::i:::t? :..................................�.i::i:. .:.....:.....:........:.....;.y.. ...:;...........::;:::' `:: ::: :-:. .. > ... i::i::i::i:::;:;::i::ii`ii::::;:::::i::i:::i::i:::::::::::i::i::i::::::i::i::i::i:::::;::. :. :::: ;:.... :::.; .: :.> ;:.:. ...:. i.;:...:.: +>:.: .;: :::.;:.;:::.>... ....;:.;: . .., ...:. ::. . .. :. :: . :::.;:.:: ...;.>:o:.;:.;:.;:.;:.>:.;:.::.;:.;::.;:;:.;:.;:.;:.;:.;:.:;.;:.::;o;>:.::.;:.>:;;.;:;;.;:.;:ISSUE'DATE...(Iv11v1)DD%Y9)............. a1� i.i��::::: :RTC: �:CATS:::C : ::: h :S.: RA1 . .:::: : - - !1 12 27 95 .. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE EASTON INS AGENCY INC DOES.NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 448 TURNPIKE ST.* POLICIES BELOW. EASTON MA 02375 COMPANIES AFFORDING COVERAGE COMPANY LETTER A THE TRAVELERS INSURANCE COMPANY 296DN COMPANY B INSURED LETTER JENEVE CORP COMPANY C LETTER 49 MAIN STREET COMPANY LETTER D KINGSTON MA 02364 COMPANY E LETTER ��..: ..::..s.:::::::::::.:..:.............................................................................................................:::.::::::::::.::::::::::::::..::::...........................................................:.........................:::...::::::::::::::::: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE g .. ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) $ w. HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per Accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS A WORKER'S COMPENSATION 833KO35A 09-21-95 09-21-96 EACH ACCIDENT $ 000100000 AND DISEASE—POLICY LIMIT $ 000500000 EMPLOYER'S LIABILITY DISEASE—EACH EMPLOYEE S 000100000 OTHER JL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ALL COVERAGES SUBJECT TO POLICY TERMS, CONDITIONS, & EXCLUSIONS. THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE. £` tECd .N�S :....:... ... _ ............................... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTOTHE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ::..... .:::.:::.:.::;:;;;;::;::;::; ;;:::;::::::i: 5...... : :::::;::; :;;:::: ::::;:;:::::::::;;;:::::;:t::;::i::;:;:::::;::; :;;::::::;,.,..:..:..:......:..................:.:..........::.: :...: RD::::CORPOFtATiO.N:<7:99D:::: ° D f 1 ODI D ° D f f l 1 1 l Western Suretyl r ! r D LICENSE AND PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: BOND No. 68496002 That we, Jeneve Corp. ° 1 D of the City of Kingston State of Massachusetts , as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of g 1 D . Massachusetts , as Surety, are held and firmly bound unto the l Town of Hyannis State of Massachusetts , Obligee, in the penal sum of Five Thousand and no/100 DOLLARS($ 5,000.00 ) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has bee p3jlicemed Road Permit .���IeJaRETt��%_ by the said Obligee. RX.OW^THERW_ RE, if the said Principal shall faithfully perform the duties and in all things comp Qvrtlthie�.ls and ordinances including all amendments thereto pertaining to the license or gr..�...y V �... ...a 1 1 e@ mlti applied fora 7€tPen this obligation to be void, otherwise to remain in full force and effect until ��6 :S_ 1997 , unless renewed by Continuation Certificate. $ This bo�may° e germinated at any time by the Surety upon sending notice in writing, by certified mail, to th�e�e&� of the•P�;lit cal Subdivision with whom this bond is filed and to the Principal, addressed to them at the PolitcalQic bdi sio�n named herein, and at the expiration of thirty-five(35)days from the mailing of said notice, this bond shall ipso facto terminate and the Surety shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this 17th day of May 1996 JENEVE CORP.* Principal Principal Countersigned W E S T E R S R E T Y C O A N Y By By T Resident Agent St hen T. Pate, President ° ACKNOWLEDGMENT OF SURETY ; (Corporate Officer) STATE OF SOUTH DAKOTA County of Minnehaha }ss ° G On this 17th day of May 1996 ,before me, o the undersigned officer, personally appeared Stephen T. Pate , who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer,being authorized so to do,executed the foregoing instrument for the purposes therein ; contained, by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ; r +C7;7f�fijCrCi ilc;i:C_C�f;:�C;•r":e4ileiCnG�Gri,+ ^ 9 B. THOMAS a• NOTARY PUBLIC �� p r g$AL SEAL , SOUTH DAROTA .0 'Y` c Notary Public — South Dakota ; r Form 532—9.95 My Commission Expires 6-2-2003 l f � e r ° o ACKNOWLEDGMENT OF PRINCIPAL ° (Individual or Partners) ' STATE OF ° i U , v ss ' County of 0 U 1 U ° i}T ° o On this day of , before me personally appeared c ° f' c r known to me to be .the :individual_ described in, and who executed the foregoing instrument and acknowledged to me that—he_ executed the same. ° My commission expires Notary Public or ACKNOWLEDGMENT OF PRINCIPAL l (Corporate Officer). f i STATE OF ss County of �' On this day of ,before me, *; personally..appeared , who"acknowledged himself to be the of , a corporation, W7 -and that.he as such officer being authorized so to-do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. My commission expires _ Notary Public c c 0 c v U o Z A A a C y a zCd . U r i o W Z ' n v N Ly O a • �.` a � -a O U] _ ... G4 Qi '� a ? :.� r e r VIE r, Town of.6arnstable Department of Public Works t679 �0 361 Main Street, Hyannis MA 02601 Office: 508-790-6310 Thomas J. Mullen Fax: 508-790-6400 Superintendent August 14, 1997 TO: Ralph Crossen, Building Commissioner FROM:. Stephen Seymour, PE, Project Engineer. SUBJECT: Charlotte Avenue i In response to your request I have looked at the subject way in the field and have the following comments and make the following recommendations: 1. 1 met Mr. Webby onsite and an abutter to the property on August 12, 1997. Mr. Webby dug some test holes by hand on-Charlotte Avenue, near his house. The gravel underneath the peastone looked very acceptable. A layer of peastone had been placed over the gravel. This section of Charlotte Way should hold up fairly well,for a gravel road. However with the steepness of the slope and the need for maintenance of a gravel road, the road will need to be regraded periodically. I had previously recommended that the road be paved, however I understand that the community does not want it paved so it was constructed of gravel in accordance to the wishes of the area residents. 2. Sears road was apparently also disturbed by the builder, Mr. Webby. He.has agreed to top dress the bottom sloe of Sears Road with peastone to blend it with Charlotte Avenue. Prior to the placement of peastone he has agreed to clean up the broken glass that is alongside the road. Apparently the broken glass is from a truck mirror or lamp. 3. The grass alongside the downslope off of Charlotte Avenue is germinating and becoming established. This is a tribute to Mr. Webbys' watering of the seed and grass. Without regular watering the grass would not be filling.in so nicely. The grass still needs to become better established to ensure that the slope can withstand a good downpour without washing out. 4. Mr. Webby filled slightly onto his abutters property covering their concrete property bound that had been set by the abutters surveyor. Mr. Webby has agreed to pay to have the surveyor raise the concrete bound to be at the grade of the land. Additionally he will place bark AA mulch on the small disturbed area on the abutters property to prevent any erosion and to cosmetically improve the disturbed area. The abutter seemed pleased with this approach and it seems the best approach under the circumstances. Recommendation: I recommend that a bond in the amount of$2,00.00d by the Town until the grass sideslope becomes fully.established and to ensure that the work can withstand a good downpour and that the work on-the abutters property regarding the concrete bound and the spreading of bark mulch is completed. i Copy to: Robert Burgmann, Town Engineer SGS: File:bldglt2 Zoning Board of Appeals Minutes June 19, 1996 Appeal Number 1996-61 Long Board Members hearing this appeal were Chairman Gail Nightingale,Ron Jansson,Emmett Glynn,Richard Boy and Tom DeRiemer. D.J.Long represented himself before the Board. Mr. Long told the Board that he owns a home at 14 Charlotte Avenue in Cotuit,which directly abuts the property in Issue. He is appealing the decision of the Building Commissioner to grant a building permit. He has asked many different people how the permit was.issued and he has not received an answer as to how the owner got the permit in light of the.denial of a Variance Number 1987-80. The lot is very small,only.I I acres and the house being constructed is quite big. His property. has been trespassed on,his telephone lines severed and there have been trucks driving over his property. The Board asked the Building Commissioner why the permit was issued in light of Appeal Number 1987-80. Mr. Crossen replied that in 1987 the lot did in fact go before the Zoning Board of Appeals to establish buildability. The Bylaw at that time required a 7,500 sq.ft.minimum and 20 feet of frontage. Mr.Crossen read the 1987 decision that states,"The current area requirement for the Zoning District is 43,560 sq.ft. The Petitioner presented evidence that the lot has been in separate ownership for at least 20 years. However, Section G Subsection E requires that a non- conforming lot in order to be buildable under our Zoning By-law must contain 7,500 sq.ft. or more and a frontage of 20' or more.". The applicant is now applying under the newly amended non-conforming lot section of the Zoning Ordinance stating a 5,000 sq.ft. lot with 50 feet of frontage should be buildable as a grandfathered lot. Based on the evidence,the Building Commissioner issued a Building Permit under the new section related to non-conforming Iots. The lot is 50 feet deep and 79 feet-long,the front yard setback is 30 feet and the rear yard setback is 15 feet. That leaves 45 feet out of the 50 feet and only a buildable area of 5 feet. So a 24 x 34 footprint must infringe on at least 3 of those setback requirements. Mr. Crossen cited that he had consulted with the Legal Department and they referred him to M.G.L.40A Section 6 which states, "Any increase in area,frontage width,yard or depth requirements of a zoning ordinance or by-law shall not apply.....conformed to the then existing requirements and had less than the proposed requirements but at least five thousand feet of area and fifty feet of frontage." Mr. Crossen stated that he asked the applicant to move the placement of the house a"couple of feet back". He noted the footprint is a typical size of a Cape. The Board and Mr.Crossen discussed whether or not the lots were ever held in common ownership. Mr.Crossen did not personally check for common ownership,.but as is custom,he relied on the information supplied by the applicant's Attorney which states "in no time during March 24, 1928 to date has there existed any common ownership.". The Board asked the,abutter what was the status of the building right now,to which he replied that the building was well into construction. It was framed and very tall,approximately 27 feet high. It is the highest structure in the area and on a very small lot. Again,Mr.Long stated he has asked many times'how this is allowed and has never received a clear explanation. He requested the Board make a site visit. - Public Comment: Ruth Behlman submitted a letter to the file objecting to the construction of the house. She stated the house is too close to her property and invading her privacy and enjoyment of her own property. She is concerned with the effect of the septic system on the neighboring water wells. She explained that in 1987,the variance to build a smaller house was denied and had she known that decision would not stand she would have purchased the property to protect her privacy. She also submitted a photograph of the home under construction. ".Also speaking in opposition was Alfred Courtines for Velma Courtines(his mother). He reported that their property was trespassed on many times by the builder and the location of the house also intrudes on their privacy. Board Member Richard Boy asked how the Building Commissioner could overrule the Board's decision of 1987-80. that said the lot was not buildable. Also,Ron Jansson stated that by looking at the photograph the house is more than two stories with dormers. He was concerned with a house of this magnitude on the small lot without town Water-and without town sewerage. Mr:Jansson indicated that what is needed is a clear cut and understandable decision from the Town Attorney as to how that big of a house is allowed and how it is set(setbacks)on that small of a lot. He asked for a written decision stating that this size and location of a house can legally be built on this lot as of right. The Board asked the Building Commissioner if he has told the builder to Cease and Desist. Mr. Crossen replied that he has no reason to tell him to Cease and Desist and he has not been told to. He has however told him to take the dormers off the building,to which he.has agreed. The applicant,Mr. Long,reminded the Board that in the decision of 1987-80,one of the findings stated,"The construction of the house as proposed by the Petitioner would be an overintensification of the use of this already undersized lot." However,the Board told Mr.Long that the only issue before the Board tonight was whether or not the Building Commissioner erred in granting the building permit. Richard Boy stated that he would personally like to sit down with the Town Attorney to discuss this case. Emmett Glynn said he would like to be included in that meeting. Ron.Jansson would like a written opinion from the Town Attorney as to the legality of the permit and wanted to express the Board's,concern regarding such a building not in conformance with the setbacks for the district today being allowed on this lot. What is the case law that allows this and what is the justification.of a building on such an undersized lot. The Board asked Mr:Crossen if he had talked to the Town Attorney and had anything in writing. He replied that he had talked to Ruth Weil,Assistant Town Attorney,and she gave him verbal advise. He also said that the different Town Council opinion's.vary,but the strict reading of Chapter 40A is very clear to him. He also stated a court case exists on the subject but the Judge did not make a definite decision on the interpretation of Chapter 40A, Section 6. If the lot is considered buildable,that is one thing,but Mr.Jansson still had concern how a house of this magnitude in an area of no town sewerage and no town water could be built in an area such that it could impact the health, safety and welfare of the neighborhood. There is a concern for groundwater quality. The Board also questioned whether or not this lot was held in common ownership with any other lot. Mr. Crossen stated that the Attorney's letter states that this lot has been held in separate ownership since March 14, 1928 to date. Mr. Crossen stated that the building plans that he has shows where the Title V septic system will be laid out. The Board also asked Mr. Crossen for the case law he is using for the basis that the lot must conform to the setback requirements when it was created and not the present setback requirements. He stated that he was told the point has not been litigated,but zoning changes do not apply to grandfathered lots. Mr. Long stated that town water is available to the area. He personally has town water, but another abutter has a private well: Board Members Richard Boy and Emmett Glynn asked the Building Commissioner to set up a meeting for the three of them with the Town Attorney as soon as possible. The owner of the property, Steve Webby,was allowed to speak at this time. He said that the property was for sale, and he bought it in good faith. He has a mortgage on the property and it would be a financial hardship if something happened that they could not continue to build this house. Mr. Webby has owned the property for approximately 2- 3 months. And he does not own any other property in the area. The Board explained to Mr. Webby that if he continues to build on the house,he is doing so at his own peril. If he were to complete this house and the courts found he had no right to do so,he would be doing so at this own risk. As for.clarification,the application was filed at the Town Clerk on May 28, 1996. The Building Permit was issued on Apri123, 1996..Mr.Crossen stated that the Petitioner(Mr. Long)came into his office and talked to Building Inspector,Buddy Martini but he is not sure of that date. Mr.Crossen stamped the appeal on May 28, 1996,which was after the May 22, 1996 meeting he(Mr. Crossen)had with the owner(Mr. Webby). At that meeting,Mr. Crossen asked the owner to adjust the hole he had dug for the foundation. The digging for the foundation was done by May 22, 1996 at which time the Building Commissioner asked him to shift the hole over two feet and he received an"as built". The foundation was poured after the appeal was stamped on May 28, 1996. Mr. Crossen did not receive a written request for him to act on the appeal by the Petitioner, it was only a verbal request, but the Building Commissioner"went along with that." There is a question as to whether or not the Petitioner is properly before the Board because he did not go to the Building Commissioner first but came directly to the Zoning Board of Appeals. However,this is what the Building Commissioner advised him to do. The Board also is seeking the advice of the Town Attorney as to whether or not the Petitioner is properly before the Board and if he followed the proper procedure. Appeal Number 1996-61 has been continued to July 10, 1996 at 8:40 PM. July 10, 1996 Appeal Number 1996-61 Long Board Members hearing this appeal were Ron Jansson,Emmett Glynn,Richard Boy,Thomas DeRiemer,and Chairman Gail Nightingale. This hearing was continued from June19, 1996 to allow the Board time to consult with the Town Attorney regarding the lot in question..D.J.Long represented himself before the Board. Mr. Long told the Board that he had spoken to Town Attorney Robert Smith regarding this lot. -He explained to the Board that the builder had relied upon his frontage being on Charlotte Way which may in fact not be actual frontage on an legal road.. Building Commission Ralph Crossen wrote a cease and desist letter to the builder,Mr. Webby, indicating that the Building Commissioner was misinformed and this lot may is not a buildable lot as there is no road and or way fronting the lot (letter submitted to the file). When the permit was filed,attached was a letter from an attorney certifying that the lot was grandfathered. Because a plot'plan showing the road was there and supporting documents were supplied including the attorney's letter,the building permit was issued. However,when Mr. Crossen looked in the records to.find out when the way and the lot were approved,no records were available. He then asked Mr. Webby to supply the necessary information. Mr.Crossen still does not have proof that Charlotte Way is an approved way. Mr. Crossen explained that a"way"must be approved as a public way or a private way. In the Town of Barnstable, if a way was approved after 1960, it was done by the Planning Board. But if the way was approved between 1925 and 1960, it was approved by a Board of Survey Approval. In the Town of Barnstable, Board of Survey Plans were approved by the Board of Selectman. The Building Department has a book of approved Board of Survey Plans. However, in this case that approved plan and recorded Board of Survey plan for the road(if it does exist) is missing. Mr. Webby submitted a plot plan quoting a plan at the Registry of Deeds,but when the Building Commissioner pulled that plan it is not an approved plan signed by the Board of Survey, it is just a recorded plan. If an approved plan cannot be located,then the lot is not grandfathered. To have the lot considered a buildable lot would require a Variance as the lot is without frontage, is undersized and does not meet any setback requirements. The issue of "frontage" is not defined specifically in the Zoning Ordinance, but frontage is defined in Zoning Interpretation Guide as frontage on a way. The Board next discussed whether the term frontage is defined in the Zoning Ordinance. There is a definition in the Ordinance but that is in reference to signs and frontage. They also discussed if this'road was an approved way and if this house has frontage on an approved way. There is a road on paper,but that road does not exist. There is a plan, but that was never approved. Included in the discussion with the fact that both Charlotte.Avenue and Pine Road (the lot is a corner lot)do not exist. Town Attorney Robert Smith spoke and urged the Board to process cautiously with regards to the definition and existence of the way . The issue before the Board is an appeal of Mr. Long from the decision of the Building Commission not to deny a Building Permit to Mr. Webby. Mr. Smith has looked into the whether or not Mr. Long is properly before the Board and he has come to the conclusion that the appeal was filed in time. Mr.Long was not part of the original building permit process and does not have a right to a direct appeal of that permit. But when Mr. Long became knowledgeable of the issuance of the permit he asked for and received a meeting with the Building Commissioner. At-that meeting which was around May 22, 1996,Mr. Long asked the Building Commissioner to enforce the Zoning Ordinance and to ask Mr. Webby to cease and desist. The Building Commissioner did not and it is that decision of the Building Commissioner of May 22, 1996 that Mr. Long is appealing. The appeal was filed on May 28; 1996 which was within thirty days and,therefore,the applicant has fulfilled the requirement of Chapter 40A, Section 15: Mr.Long filed his.appeal after the foundation hole had been dug,but before the foundation had been poured. Mr. Smith cautioned.the Board that any decision made by the Board regarding the way,could have an affect on many vacant lots and many other houses already constructed in the Town. There are many "Old Roads"that appear on the 1856 Atlas that do not have status in the Town,but building permits have been issued and all of those permits could be put in jeopardy. The Board and the Town Attorney need more data before a determination can be may as to what extent this could possibly have on other lots within the Town. Mr. Smith clarified that the Zoning Ordinance is without a definition for frontage except for the sign provision and that definition should only be used in reference to a sign. A*discussion between Mr. Smith,Mr..Crossen and the Board ensued and it was determined that the Board has to look at Chapter 40A, Section 6 and at the Zoning Ordinance with regards to lot frontage and lot size and whether the lot is non-conforming. The matter is not clear and open to interpretation and the discretion of the Building Commissioner. Mr. Crossen is still waiting for more information from Mr. Webby. The Board and Attorney Smith again reminded Mr. Webby that any work he does is at his own peril. He was also told this at the last hearing. Next to speak was Mr. Webby's Attorney,Bernard Kilroy,who suggested the applicant had not filed in a timely manner and the appeal should,not be heard under this filling. Mr.Webby received a building permit in good faith and has put in a substantial amount of money so far. Mr.Kilroy has reviewed the letter from the Building Commissioner regarding frontage and disagrees with what has been said. He would like a meeting with the Building Commissioner and the Town Attorney to discuss this matter. He reminded the Board that many other homes in the area are on lots that may not have proper frontage and Mr.Kilroy said if he is unsuccessful he will ask the Building Commissioner to look into enforcement actions again other homes in the area. Mr.Kilroy needs time to look into the matters addressed at this hearing. He suggested the Board dismiss the appeal as it was not filed in time. Public Comment: Velma Courtines stated that is process is hurting so many people. She asked the Board Members if any of them had made a site visit. Board Member Ron Jansson stated that there are many issues before the Board at this time. One being the appropriateness of the appeal and whether it was submitted on a timely basis. On April 23, 1996,the building permit was issued, but that does not put an abutter on notice. The law requires due process and the issuance of a building permit does.not create notice for purposes of an appeal of the Building Commissioner. Therefore,when Mr. Long saw work being done on the lot,he went to the Building Commissioner on or about May 22, 1996 and asked for action from him. Mr. Crossen did not take any enforcement action and it is that verbal decision not to enforce the Zoning Ordinance that Mr. Long is appealing and that was done in a timely fashion. That was done on May 28, 1996. Attorney Kilroy has asked the Board to dismiss the appeal and a motion was made regarding his request. MOTION: Ron Jansson A motion is made to deny the request of Attorney Kilroy to dismiss the appeal because it has not been filed on time. A motion is.also made to continue the appeal to a date certain to allow for a meeting between the Building Commissioner,Mr. Webby's Attorney and Mr. Long to discuss the issue of frontage. Seconded by Richard Boy VOTE: AYE: .Ron Jansson,Emmett Glynn,Richard Boy,Thomas DeRiemer,and Chairman Gail Nightingale. NAY: None MOTION: Chairman Gail Nightingale A motion is made to continue Appeal Number 1996761 to August 7, 1996 at 8:00 PM. Seconded by Richard Boy. VOTE: AYE: Ron Jansson,Emmett Glynn,Richard Boy,Thomas DeRiemer, and Chairman Gail Nightingale. NAY: None `Appeal Number 1996-61 is continued to August 7, 1996 at 8:00 PM. August 7, 1996 Appeal Number 19.96-61 Long Board Members hearing this appeal were Ron Jansson,Emmett Glynn,Richard Boy,Thomas DeRiemer,and Chairman Gail Nightingale. This hearing was continued from June 26, 1996 and again fromJuly 10, 1996 to allow l � r the Board time to consult with the Town Attorney regarding the lot in question. D.J.Long represented himself before the Board. Town Attorney Robert Smith submitted a memorandum to the Board. Mr. Smith clarified the issue of frontage by saying that with reference to grandfathering under section 6 of Chapter 40A,this lot does comply with the requirements of the fifty feet of frontage,however,that does not answer the question of whether or not the Building Commissioner should or should not issue a building permit. Attorney Smith suggested an occupancy certificate should not be issued until the road,completed in satisfactory condition,,is on the ground. This is for access and safety reasons. In Mr. Smith's opinion the lot is entitled to grandfather status. In this case,the building permit has been issued but Mr. Crossen has indicated that there will be no occupancy permit until there is an adequate road on the ground. Mr. Smith also discussed M.G.L:Chapter 41, Section 81FF which deals with status of lots and roads, in that if the road is not on the ground it does not mean that the lot does not have frontage. Board Member Ron Jansson said that in the case of this appeal tonight,the road in front of the"Webby"house is not constructed. Mr. Webby may need to go before the Planning Board to get permission to extend the road. Mr. Smith reminded the Board that Mr. Webby represented to the Building Commissioner that the road was there and that was why he was issued a Building Permit. The Building Commissioner told the Board that he had issued a stop work order for the house. But now he has given Mr: Webby permission to make two modifications. One is to cut back the front entry way that exceeded the building permit and the other is to remove the partitions and remove the shower on the third floor which was not part of the permit: In exchange,Mr. Crossen told him if he did those two things he would allow the petitioner to make the home weather tight,put in the windows,and put on the roof. Regarding the setback requirements,Mr. Crossen said that the only setbacks that are in effect for this lot would be the setbacks that were in effect when the lot was established. In this case,the year is 1927 and there were no setback requirements at that time. The plan was not approved by the Board of Surveys and was not signed. Also,this plan appeared to have been properly recorded'in 1927. Mr. Long addressed the Board asking if all Board Members received a copy of his letter to the Builder Commissioner. He reminded the Board that everything he did was before the foundation was poured. The builder was made aware of Mr. Long's appeal before he did any work. Mr.Long wants the Zoning Board to deny the continuance of the construction of this dwelling and revoke the building permit. Next to speak was Attorney Bernard Kilroy who represents the owner, Stephen Webby. Mr. Kilroy submitted a memorandum to the file and stated that in his opinion,M.G.L. Chapter 41, Section 81 FF exempts individual lots on plans that were in existence prior to subdivision control from the jurisdiction of the Planning Board. Therefore it would not be necessary for Mr. Webby to go before the Planning Board regarding the road. He agreed that Mr. Webby wily improve the road before the occupancy.permit is issued. Board Member Ron Jansson stated that the description of the lot on the deed supplied this evening indicates the boundary of the lot but does not specifically give the lot the rights to the road leading to the lot. On this deed it does not convey the right to use Charlotte Ave to the lot owner, it may have been intended but it is not in the boundary description nor it is stated in the deed that transferred this lot dated March 14, 1928. That issue had not been looked at previously by the Town Attorney. Attorney Kilroy stated that the lots were conveyed out on a plan that specifically shows the ways and the individual lots are entitled to those ways for access to the nearest public way. The Board asked Mr. Kilroy if he could provide documentation to prove,the Petitioner does have the rights of access on the road. There is concern that Mr. Webby may not have access right to Charlotte Avenue and Mr. Long may own that section of the'road. The Board.had concerns with the access issues. Allowing a house of this magnitude on such a small lot is just what the Zoning Ordinance is attempting to control and avoid. A motion was made to continue this appeal to August 21, 1996 at 8:45 PM. The Board wants the Planning Department to verify that the plan was filed in the Registry of Deeds. Also,the Board is unclear as to whether or not Mr. Webby has access rights to Charlotte Avenue,and if he does not,then how can he have frontage. Without legal Access,there can be no frontage.. There is also the issue as to whether there are rights created by implication of all owners shown on the Board of Survey plan to use the ways in the absence of expressed language that would grant them the rights. This needs to be clarified for the Board. The Board also requested the representing Attorneys and the Town Attorney to look into this issue of legal access. The Board requested that the materials be submitted prior to the continuance to allow the Members time to read the information. Appeal Number 1996-61. has been continued to August 21, 1996 @ 8:45 PM. August 21, 1996 Appeal Number 1996-61 Long Board Members hearing this appeal were Ron Jansson,Emmett Glynn,Richard Boy,Thomas DeRiemer,and Chairman Gail Nightingale. This hearing was continued from June 26, 1996,July 10, 1996,and again from August 7, 1996. The last continuance was to.allow time for the Planning Department to verify that the plan was filed in the Registry of Deeds. Also,the Board was unclear as to whether or not Mr. Webby had access rights to Charlotte Avenue,and if he did not,then how could he have frontage. There was also the issue as to whether there were rights created by implication. The Board had also requested the representing Attorneys and the Town Attorney to look into the issue of legal access. At the hearing this evening,Attorney Arthur Hyland represented Mr. and Mrs. Long. Mr. Webby was represented by Attorney Bernard Kilroy. - Attorney Hyland indicated he was hired by the Longs and would be available to answer any questions from the Board.. Attorney Kilroy had filed a memorandum and wanted to make sure all Board Members had received this new information. The memorandum included the deeds to all the lots in the subdivision. All of the lots are consistent in format without any'express grant of rights to use the ways on the plan. Mr.Kilroy explained that in the absence of an expressed grant in a deed,the Courts rely on the principle of estoppel. Board Member Ron Jansson indicated that it appears from the information submitted that the lot does have proper frontage. The Zoning Ordinance does not specifically define frontage. There is still a serious concern that the Zoning Ordinance could allow a house of this magnitude on such a small lot and so close to the neighboring boundary lines. It is disturbing that this would be allowed,but that is not grounds for overruling the Building Commissioner. The important issue is to scrutinize the Zoning Ordinance because it was never the intention of the Ordinance to allow this type of situation to exist. The Zoning Ordinance was adopted to protect the Town from chaos and confusion. A type of dwelling of this size on this small lot defies good planning practices. FINDINGS: Ron Jansson With reference to Appeal Number 1996-61,the following are the findings of fact: 1. The property in issue is located at 28 Charlotte Avenue,Cotuit, on Assessor's Map 18,Parcel 20 and in an RF Residential F Zoning District. 2. The lot itself was,up until recently,a vacant lot of 5,067 square feet with a minimum of 50 feet of frontage along Charlotte Avenue. 3. The lot in issue is delineated on Plan Book 19,Page 39,Recorded December 17, 1926.'The plan is labeled ."Bay View Park,Cotuit,Mass,Cape Cod,George R Russell,Owner and Developer." A. The plan does not bear any indications that it was approved at the time by the Board of Survey for the Town of Barnstable. During that period of time,the Town of Barnstable did have a Board of Survey. 5. The lot itself was not the beneficiary of an approved road but was fronted on a road that was at least a paper street. 6 An easement by estoppel does exist over that portion..of,Charlotte7Avenue that services this property. r7Ai theme time the}ot was created;,there was no zonmg in effect'in the Town of Barnstable fi time thelot w created there were notsetback requirements and no side yardtrequtrements -- 9. Based on the facts he had before him,the Bu�ldmg Commi`ssoner'=properly-issu'ed=a Buildirig�Peimit: 'Seconded by.Emmett Glynn VOTE: AYE: Richard Boy,'Ron Jansson,Emmett Glynn,Tom DeRiemer,and Chairman Gail Nightingale. NAY: None MOTION: Ron Jansson Based on the findings of fact in Appeal Number 1996-61,a motion is made to uphold the decision of the Building Commissioner. Seconded by Richard Boy VOTE: AYE: Richard Boy,Ron Jansson,Emmett Glynn,Tom DeRiemer,and Chairman Gail Nightingale. NAY: None ORDER: In Appeal Number 1996-61,the decision of the Building Commissioner has been upheld. i TOWN OF BARNSTABLE Zoning Board of Appeals ,_,Aiirnre Z. Lawx.pnrCe Deed duly recorded in the �7Property Owner OCT -8 P3 :1 7 County Registry of Deeds in Book __J.nnathan W Hi rat Page _—Registry Petitioner District of the Land Court Certificate No. Book Page Appeal No'. r1.9 19 FACTS and DECISION Petitioner _J_Q_UAtbA ll W. Hirt filed petition on A tllb . 19 87 , requesting a variance-permit for premises at C r1otte Avenue in the village (Street) ofCotuit , adjoining premises of (see attached list) _ Locus under consideration: Barnstable Assessor's Map no. _1$ lot no. —1 Petition for Special Permit: ❑ Application for Variance: M made under Sec. G L___Par2.9.r�h E_ of the Town of Barnstable Zoning by-laws and Sec. _. _. __ ... Chapter 40A., Mass. Gen. Laws for the purpose of construction of a residence Locus is presently zoned in RF Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barns table Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. . A public hearing by the Board of Appeals of the Town of Barnstable was lield at the Town `Office Building, Hyannis, Mass., at 8 : 0 0 xW P.M. S e p t.embe r 2 4� 1987 upon said petition under zoning by-laws. Present at the hearing were the following members: ; Ron S. Jansson, Chairman Gail Nightingale WDexter Bliss Vice-Chairperson Luke Lally James McGrath APPEAL A,.. ( —D N7 CFI' -9 Fl13 513) ��. TOWN OF BARNSTABLE PETITION FOR VARIANCE UNDER THE ZONING BYLAW " To the Board of Appeals, Town Hall,Hyannis,MA 02601 Dote July 31, 19 87 The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,.the application of the provisions of the zoning bylaw to the following described premises. Applicant: ' Jonathan W. Hirst 428-2400 (Full Name) (Telephone Number) Address: 128 Cotuit Cove Road, Cotuit, MA 02635 Owner: Aurore L. Lawrence (Full Name) lTeeephone Number) Address: 321 Balboa Avenue, Ft. Myers, FL 33905 Prior Owner of record N/A Tenant(if any): N/A (Full Name) (Telephone Number) If Applicant other than Owner of property-state nature of interest buyer 1. Assessors map and lot number Map 18, Lot 90 2. Location of Premises Charlotte Aveft(te Village Cotuit " (Name of Streetl (What section of Town) 3. Dimensions of lot 102.35 50.04 5,067 (Frontagel (Depth) (Square Feet) 4. Zoning district in which premises are located RF 5. How long has owner had title to the above premises? .V 6. How many buildings are now on the lot? none " 4 7. ;Give size of existing buildings none Proposed buildings 28' x 36' 8. State present use of premises raw land F 9. State proposed use of premises construction of a residence 10. Give extent of proposed construction or alterations: 28' .x 36'�i 1 di ng 11. Number of living units for which building is to be arranged one 12. Have you submitted plans for above to the Building Inspector? yes 13. #Ias he refused a permit? yes 14. What section of zoning bylaw do you ask to be varied? Article III. Chapter III, Section G (non-conforming uses), Paragraph E 15. State reasons for variance or special permit: The Lot has been in separate ownership for at least sixty .(60) years and would be buildable in accord with Massachusetts General Laws Annotated, Chapter 40A, Section 5 (5,000 sq. ft.) except for the 7,500 sq. ft. .requirement imposed by Paragraph E as referenced in Section 14 of this petition. (over) . - F. APPEAL IN— i+7 SEI' -9 F11 3 56 TOWN OF BARNSTABLE PETITION FOR VARIANCE UNDER THE ZONING BYLAW . To the Board of Appeals, Town Hall,Hyannis.MA 02601 Ihlte July 31, 19 87 .The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,.thi application of the provisions of the zoning bylaw to the following described premises. Applicant: Jonathan W. Kir6t 428-2400 Wull Namet (Telephone Number) Address: 128 Cotuit Cove Road, Cotuit, MA 02635 Owner: Aurore L. Lawrence (Full Name1 (Telephone Number) Address: 321 Balboa Avenue, Ft. Myers, FL 33905 s; Prior Owner of record N/A Tenant(if any): N/A (Full Name) (Telephone Number) If Applicant other than Owner of property-state nature of interest buyer 1. Assessors map and lot number Map 18, Lot 90 2. Location of Premises Charlotte Avenge Village Cotuit (Name of Sireet) (What section of Town) 3. Dimensions of lot 102.35 50.04 5,067 . (Frontage) (Depth) (Square Feet) 4. Zoning district in which premises are located RF 5. How long has owner had title to the above premises? 6. How many buildings are now on the lot? none ' 7. Give size of existing buildings none Proposed buildings 28' x 36' 8. State present use of premises raw land 9. State proposed use of premises construction of a residence 10. Give extent of proposed construction or alterations: 28' x 36' building 11. Number of living units for which building is to be arranged one 12. Have you submitted plans for above to the Building Inspector? ves 13. #ias he refused a permit? yPs 14. What section of zoning bylaw do you ask to be varied? Article III, Chapter III, Section G (non—conforming uses), Paragraph E 15. State reasons for variance or special permit: The Lot has been in separate ownership for at least sixty .(60) years and would be buildable in accord with Massachusetts General Laws Annotated, Chapter 40A, Section 5 (5,000 sq. ft.) except for the 7,500 sq. ft. .requirement imposed by Paragraph E as referenced in Section 14 of this petition. (over) _71,.- ,. *e r , .. c:. 570 790 2 Application for Other poi-are Nature i Description of Request: 5/7" 0// V( Q AL aT een-16 P.ap fir/' l Attached separate &hest If needed. In the property located in an Historic District? yea j NO (� Zf yes oRa Use only Plan Review Number Date Approved Is the building a designated Historic randmark? You (j No [V If yes Historic preservation Department use only: Data Approved Has a building permit been applied for? Yes (r,*1 NO [) Has the Building-inspector refused a permit? Yes () )to [q� Has the property been before site Plan Review? Yea No (� For Building Deaartalont one only& Not Required - Single Family [] site Plan Review Number. Date Approved signatures The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your.' ' request: Three (3) copies of the completed--application form, each with original signatures. gERE Three (3) copies of all attachments an may be required for standing before the Hoard and for clear understanding of your appeal. The applicant may submit any additional' supporting documents to : assist the Soard.in making ite, determination, ature: Date: Appl ' o Agent•$ Slgnatare: Agent•a Address: phone: Fax No. Notice For Public Hearing The following are the most recent names, mailing addresses end J . corresponding Assessor's Map & Parcel Numbers of the abutting property owners, the owners of land directly opposite on any public or private " street or way, . and all abutters to the abutters within 'three. hundred. (300) feet. of the property lines of the subject property. Assessor's Map Parcel Number Owner's Name Address . ArJ- y OF f's�iZ i T 11 c * N O T I C .E on submission of application, p Up r it is required that . f all facts and documentation necessary to support the relief being sought be presented by the applicant. / The failure of which may result in the denial of the application )' at the scheduled hearing. J f w L. T-U�4c UJU - Inn IIV. JUUV`fU0IU0 Uc - 3;3_ - _ �. ? -r._; . :i.z' 1C. 503 7y0 52�8 2 Application for other Powers Nature & Description of Requests .5, /(f15 01V 40'14—e� /!/17 7— IWOP6 OTh/�Q� .6DpL_� � 7i� 1/A Attached separate sheet if needed: Is; the property located in an Historic District? Yea () No (� Zf yes oit'H Use only Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes (j No (� rf yes Mistoric Preservation De a ent Use Qnlys Data Approved Ban a building permit been applied for? Yen Han the Building-Inspector refused a permit? Yes [) No [q� Ban the property boen before site Plan Review? Yes No () For building Department use pnlvt Not Required - Single Family [I Sits Plata Review Number Date Approved ` signatures The following information must be submitted with the application at the time of filing, failure to.supply this may result in a denial of your..: requests Three (3) copies of the completed--application form, each with original signatures. 1 ERE Three (2) copies of all attachments as may be required for standing before the Board and for clear undersitanding of your appeal. , The applicant may submit any additional supporting documents to assist the eoard.irs making ita..datermination, ''gnbturea Dater Appl , o Agent's Slgnarure: Agent'a Address: Phones Fax No. _ a At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No 1987-80 page One of Three On 19 —, The Board of Appeals found APPEAL-NO: -1987-80 On September 24, 1987, the Board of Appeals found as. follows: The Petitioner, Johnathan W. Hirst, petitioned for a variance to construct a residential dwelling 42 ' long by 22 ' wide on Charlotte Avenue, Cotuit, at Map 18, Lot 90, in an RF Zoning district. Appearing on behalf of the Petitioner was Attorney Robert J. Donahue. The lot in question consists of 5,067 feet and was purchased by a predecessor in title to the Petitioner as tax , title land many years ago. The. current area requirements for the Zoning district is 43, 560 square feet. The Petitioner presented evidence that the lot had been in separate ownership for at least 20 years. However, Section G Subsection E requires that a non-conforming lot in order to be buildable under our Zoning By-law must contain 7500 square feet or more and a frontage of 20 ' or more. The property is currently under purchase and sales agreement. Many of the lots in this area are undersized lots. One lot abutting locus, being slightly larger, has never been built° upon. There is no sewerage in the area, and the property would I, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and.Sealed this — dar of 19 under the pains and penalties .of perjury. Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested' Building Inspector Public Information. By Board,of Appeals Chairman At the eonelusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No. 1987-80 page Two of Three On 19 The Board of Appeals found be serviced by an- on-site septic system. Several residents of the neighborhood .appeared in opposition to the petition based upon the smallness of the lot. One of the residents testified . that the Petitioner' s proposed septic system would be constructed within 125 feet of a private well. DECISION Member Luke Lally made the following findings: 1 . Locus was non-conforming but was undersized and therefore did not fall within the provisions of Section GE in that it did not have 7500 square feet or more of land; 2. The construction of the house as proposed by the Petitioner would be an overintensification of the use of this , already undersized lot; 3. The Petitioner' s relief for a variance could not be granted without substantial detriment to the public good, in view of the fact that the lot was as small as it was and compelling public reasons mandated the Town to rezone the area to an acre amongst which concerns were the ability of land not connected to the Town sewer to properly dissipate waste by-products into the ground soil without contamination of public water supplies and private wells, and therefore, the granting of such relief would be in derrogation of the intent and purpo.se of the Zoning By-law mandating acre-sized lots in this area. . This motion was seconded by James McGrath. Board members Luke Lally, . James McGrath Gail Nightingale I, Clerk of the Town of Barnstable, Barnstable. County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said 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. Distribution:— Property Owner Town Clerk Board of Appeals -4' Applicant Town of Barnstable Persons interested Building Inspector Public Information By Board of Appeals Chairman At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appear No 1987-80 Page TWO of Three On 19 The Board of Appeals found be serviced by an on-site septic system. Several residents of the neighborhood .appeared in opposition to the petition based upon the smallness of the lot. One of the residents testified that the Petitioner's .proposed septic system would be constructed within 125 feet- of a private well. DECISION Member Luke Lally made the following findings: 1 . Locus was non-conforming but was undersized and therefore did not fall within the provisions of Section GE in that it did not have 7500 square feet or more of land; 2. The construction of the house as proposed by the Petitioner would be an overintensification of the use of this already undersized lot; 3. The Petitioner' s relief for a variance could not be granted without substantial detriment to the public good, in view of the fact that the lot was as small as it was and compelling public reasons mandated the Town to rezone the area to an acre amongst which concerns were the ability of land not connected to the Town sewer to properly dissipate waste by-products into the ground soil without contamination of public water supplies and private wells, and therefore, the granting of such relief would be in derrogat.ion of the intent and purpose of the Zoning By-law mandating acre-tized lots in this area. . This motion was seconded by James McGrath. Board members Luke Lally, . James McGrath Gail Nightingale I, Clerk of the Town of Barnstable, Barnstable. County, biassachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and.Sealed this dad- of 19 under the pains and penalties.of perjury. Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By Board of Appeals Chairman dw Town of Barnstable Planning Department Staff Report Appeal No. 1996-61 -Appeals the decision of the Building Commissioner D.J. & Michelle Long Date: April 14, 1996 To: Zoning Boar of Appeals From: Robert P. Schernig, Director Art Traczyk Principal Planner Applicant: D.J.&Michelle Long Property Address: 26 Charlotte Avenue, Cotuit, MA Assessors Map/Parcel Map 018, Parcel 90 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Appeal: Appeals of the Building Commissioner's decision to issue a Building Permit for a Single Family dwelling Filed.May 28, 1996; Public Hearing,June 19, 1996, Decision Due August 26, 1996 Background: The applicant has appealed the issuance of a building permit issued by the Building Commissioner for the development of a single family home. The lot was a vacant lot of 5,067 sq.ft. until recently when construction was initiated on the locus. The neighboring abutter has appealed that issuance of the building permit citing that lot is"too small"and the structure is located only 9 feet from the side property line. Staff Observation: In Appeal No. 1987-80, the Board at that time, under the previous non-conforming section found the lot in question to be undersized and not buildable under zoning because; 1 the lot did not meet the 7,500 sq.ft, requirement of than Zoning Bylaw, Section G Paragraph E, 2 the proposed dwelling -42'x22'was an over intensification on the lot, 3 the proposal was not in keeping with the intent of the Zoning Ordinance nor was it compatible with the neighborhood (see attached decision). Today, the non-conforming section has changed. Section 4-4.2(1) Non-conforming Lots-Separate Lot Exemption appears to be applicable. The Building Commissioner has determined that this lot meets those requirements of"A to D" and that"Any increase in area, frontage, width, yard or depth requirements of the Zoning Ordinance-shall not apply...". Today the district requires a minimum front yard setback of 30 feet and the rear and side yard setbacks. of 15 feet. Given the provision of Section 4-4.2(1) cited above and MGL Chapter 40A, Section 6 the Building Commissioner has also permitted,the structure to be built with a lesser setbacks than what is required today. According to the Assessor's records, the parcel was classified as vacant land in a residential zone or. accessory to residential parcel-potentially developable land (LU Code 131). Attachments: Applications Assessor Map 1987-80 Decision copies: Applicant/Petitioner Building Commissioner TOWN OF BARNSTA3LS Zoning Board of Appeals Application for Other Powers �. E...::.�... Date Received For 'office use -onl Town Clerk office _ Appeal # `1 • to I Searing Date 1 Decision Due The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: 66 �J 1t /7 ��/Z.�-1�L�O Phone J - 2 Applicant Name: /. .... . , A �o Applicant Addresss Property Locationi�LL=t��Q �'�-� , 9 This is a request for: [] Enforcement Action [yam Appeal of Administrative Officials Decisio 0,: [] Repetitive Petitions Appeal from the Zoning Administrator [] other General Powers - Please specify: Please Provide the Following Information (as applicable): Property owner: � '���� � Phone 41/ -13 6PP 4/0 Address of owners ,,? �o /�i�iL•c./�S / �.cJU 'S��✓ 122X If a p11cant dtf rs from owner, state` nature of Interest: Cl U fl GlZ� Assessor's Map/Parcel Number tr C1 % -D Zoning District Groundwater overlay District Which Section(s) of the zoning ordinance and/or of MGL Cha er 40A are you appealing to the Zoning Board of Appeals? -77 g �/T-TIRO 5/n�-� r �� �Ll�� — �/(lLy 9 �7•�- �'D/7� . .-4' Existing Level of Development of the Property - Number of Buildings: /1/0/✓G- Present Use(s) : , Gross Floor Areas sq. ft. TOWN OF BARNSTABLE _ ' zoning Board of Appeals Application for other Powers Date Received For *office use^onl .r- Town Clerk office _ . Appeal # r1 - 4 MI. - Searing Date I 1 Decision Due The undersigned hereby applies to the zoning Board of Appeals for the reasons indicated: Applicant Name: — Phone 43J Co2 Applicant Address: 17 6Lti 2t / r G Property Location i_A__( +? a. a� This is a request for: ; „��.-�'' ^ [] Enforcement Action �,, [� Appeal of Administrative officials Decision ''•: (] Repetitive Petitions Appeal from the Zoning Administrator [) other General Powers - Please specifys Please Prov i_ ids the Following information (as applicable): Property Owner: --T�/'��f-' �0Caya Ph/one6-,/7,3 fog 1110 Address of owner: ,,? 40 7" . f/�L//AS � - If zaplicant 4.f rs from owner, state nature of interest: Assessor's Hap/Parcel Number C�0 zoning District Groundwater overlay District which Section(s) of the zoning ordinance and/or of HGL Cha r •40A are you appealing to the Zoning Board of Appeals? I .( G TTD O 5/W A-U 7 Z-- 7&- 'D/Y . -� Existing Level of Development of the Property - Number of Buildings: A10t - Present Dse(s) : , Gross Floor Area: sq. ft.. .. N At the conclusion of the hearing, the Board took said petition unaer advisement. A view of the locus was made by the Board. Appeal .No 1987-80 Page Three of Three- On 19 The Board of Appeals found and Ron Jansson voted to support the motion of Mr. Lally to deny the Petitioner his request fora variance. Board member Dexter.. Bliss voted against Mr.. Lally's motion. The request for a ' variance was denied by means of a four .to one vote. L/�u n/E ��/�oa.✓ /rj ss�x� Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered 'its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this 6 Q day of _ _ 19 under the pains and penalties of perjury. Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By Board 'of Appeals Chair n OPERTY ADDRESS I I ZONING (DISTRICT CODE 'SP•DISTS.IDATE PRINTED(STATE CLASS I PCS I NBHD_.. KEY'NO. 0026 CHARLOTTE AVENUE 01 RF 200 01C.T 07/09/95:.1311 : 00 : 03AB.... R018 :090. 5577 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Y Land By/Date S¢e Dimension UNIT ADJ'D.UNIT ACRES/UNITS ' •' VALUE Dalerroti__lLAYR E NC E, 'AUR.ORE ' • MAP— ' CD. FFDe mrAcres LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE #LAN,D.:..... 1 ,:22i600 CARDS IN ACCOUNT 13 1VAC. SIT. 1 x .1 ­10C 9= 70 490 59999.9S 205799.97 .11 . 22600 #DLI'LOT1'7 01 OF 01 #PL: 26'CHARLOTTE:AVE OST 6 #RR 0286 0095 : 1.252 0047 ARKET 9700 #SR PINE ROAD NCOME A SE D PPRAISED'VALUE 22.600 J ARCEL' SUMMARI' SI AND 22600 T LD6S —IMPS M OTAL 22600 E CNST N DEED REFERENC Type DATE R—dad R I O R• TEAR'V A L U E T Beek Pays Inst. Mo. Yr. Sao-P'W. A N D 22600 S 2106/333t 0/00 LD6S t t 7 OTAL� 22600 tt t BUILDING PERMIT NumWr e Amount LAND, LAND—ADJ INC ME SE SP—BLDS FEATURES GILD-ADJS UNITS Dat Typo 22600 COnit. Total Va"'Wa Np ol%v CIa99 Unit! Unit! Base Reta Adj.Rale Atlual EII, Ay° Dapr. DOnd. CND loc a4 R D. Rapl Coat New Adl Reel Ve1tM $tdiee Hwyltt Rponr R.. BMha •Fla. Party-NI Fa 0 De.—pnpn Rate Square Feet Rapt.Coss MKT.INDEX: IMP.BY/DATE: / SCALE: ELEMENTS CODE CONSTRUCTION DETAIL _______________ ___ ______________________ I _______________ ___ ______________________ 1 --------------- --- ---------------------- --------------- --- ---------------------- --------------- --- ---------------------- --------------- --- ---------------------- I --------------- --- ---------------------- ` -------------- --- ---------------------- DTotal Areas Aua ease --------------- --- ---------------------- E . T BUILDING DIMENSIONS -------------- --- ---------------------- ___ _____ ___-_ ___ __ _____ __________ __ I !—_ • ----NEITsHHOR :031I8'L�70IT"------- L 'LAND TOTAL; MARKET PARCEL . . ..22600 22600 AREA: �4439 VARIANCE +0 +0. STANDARD 25 At the conclusion of the hearing, the Board took said petition under advisement. A view of the " locus was made by the Board. Appeal No 1987-80 Page ' Three of Three On 19 The Board of Appeals found and Ron Jansson voted to support the motion of Mr. Lally to deny the Petitioner his request fora variance. Board member Dexter.. Bliss voted against Mr.. Lally' s motion. The request for a variance was denied by means of a four -to one vote. m ds. u Al e14 I 10,11 A,1 Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered :its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this 2 9V day of ___ 19 under the pains and penalties of perjury. Distribution:— Property Owner' Town Clerk ' Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information BY Board of Appeals Chair n ....... _ MASSACHUSETTS 1 26 SAC e_." rK IeK JSA3c22 21 .09K $ .�I► . .JBK 1BK e / 64 .. lAC Si 1L6 . �. R Y J6K is JB5C. 16 '17 10 58 : 0 'ee snows �� S7. 0 83 66 r lop me isAc .27K _ 29AC= 7�p `._/ =• ?AC .78K W b so AL T07M .1.$S AL rKMO Ito 100 _63.AA 3- Tq RIDGE l.00 K TOTAL RC 200 w 63' 7 roe.. 39 I ° R 0 A 0 AZAC 1Jq o 42 �e 61 b.AC Y Is43 S7Ac 41 $I Aobr •23K K - 2. C PgAc J6AC I Y S2 200 . 31- 103 w .45AG. 09nc 71K !o. 104 $ 89 60 44 ® ..3BAC fiC .27K e 9 �oaAe Re SS-L n Ilv n. In 09AC RICR[RSp/.• 37 « i`�• I 49 9AC. 102 _� w� 23 /00 Rob .27AC 0 JS7K: so ?� E 40.2 40-1 I 46 "s j i` .51AC .51 AC M� ° o JOAC o. zAK �' 36 0 la ._, R6Ae Ic z I l4 qG o 'D L_jpjL Lop I.24Ac toe r 100 Abw f 1RE[1 •964.c el .. (60AC 76 � Look L7 � 1` 2 Loo.Ac 99 82 ' tecK. 22A O. .66AC% .75 OM: O b 5 � 9g o 1•'A'AG' � i R 3.K K. �$. � S.• �w 6 _s Q V_r'^O.G - 74 , ,- 1,00 J .. /JOAC a •y + $ .12 K: e 4 A, O O --1 •fit -^• ©© IAc el , ToPsnlc . AeAt 1 �6`LA'cJ + • Je CIRCLE es-Z-L ISO e n p Q Y \Y Irl yQlil'1. ♦ u l: W 11 327 604G AG v 1 00� • rINEo'.. ROAf 0 1.00 ® .;vt 76 123� w Ob 69 I ql. Q q0 ao- 6 5 At be w �q V fee E Ac w V ti REV.BY zBA THE BARNSTABLE BOARD OF APEALS RE: Appeal of D. J Long and Michelle Long-Appeal No 1996-61 PROPERTY LOCATION: 26 Charlotte Avenue, Cotuit OWNER: Jennifer Webby RESPONSE OF OWNER TO APPEAL The property in question is known as LOT 7 (the "Lot" ) and located . on Charlotte Avenue and Pine Road as shown on a plan of land entitled "Bay View Park-Cotuit Mass, Cape Cod. , " filed with the Barnstable County Registry of Deeds in Plan Book 19, Page 39 - on December 17, -1926 (copy of plan attached): Zoning was originally adopted in the Town on June 14 , 1929 . Attorney Paul S . Milliken has certified to the Building Commissioner that at no time since March 14 , 1928 through April 4 , 1996 has the Lot been in common ownership .with any other .lot and that condition exists to this day.' Attached hereto is a copy of Mr. Milliken' s letter to the Building Commissioner and a copy of the deed of the Lot dated March 14, 1928 . The Lot contains, according to the plan, approximately 5', 140 square feet of land with 63 . 49 feet on Pine Street and 79 . 20 feet on Charlotte Avenue . The first sentence of the fourth paragraph of chapter 40A of the General Laws of Massachusetts (the. "First Sentence" ) provides as follows : "Any increase in area, frontage, width, yard, 'or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs .sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of . area and fifty feet of frontage. " (See ' Priore v. Sawyer 570NE2.d167 for proposition .that even though there was no zoning in existence when -the lot went into separate ownership the fourth paragraph would give protection to the lot from increased zoning. ) At the previous meeting of this Board on this appeal, the Building Commissioner raised a concern that the above plan was not endorsed by the Board of Survey thereby rendering .unlawful the Lot' s frontage . In Dowling v. .Board of Health of Chilmark, 552NE2d866 , the Appeals Court. stated that a deed or a plan or a combination 'of such instruments may be sufficient to define the lot for purposes of GLc40A, s6 . Clearly the Lot meets the minimum dimensional requirements of the above provision and under the Dowling case the March 14 , 1928 .deed. - would meet the criteria set forth therein for .identification of the Lot . A second issue was discussed concerning the lack of construction of that portion of Charlotte Avenue by which the Lot is bounded. .At the time of the issuance of the building permit for .the Lot, the Lot frontage on Charlotte Avenue was not improved to the standard- of the remaining portion of Charlotte Avenue leading to Nickerson Road, the town way, and on which the Long' s property is located. Presently, that portion of Charlotte Avenue on which the Lot fronts has been stumped, the subsoil removed and good earth has been installed in preparation for receipt of the hardener course. In the case of Shea v. Board of Appeals of Lexington, 622 NE2d 1382, although the specific definition of frontage.. in . the Lexington zoning by-law and not the meaning of frontage in the First Sentence was discussed, the case is helpful in addressing the frontage issue . In that case, the lot frontage was not constructed and the Appeals Court said that "No,t only for the good of the homeowner, but also for the safety of the public, a town can insist that homes not be - built on lots lacking adequate access for fire trucks and emergency. vehicles . " ; and that "The building commissioner and the board of appeals were correct in withholding a building permit for the plaintiff' s lot so long as the section of Rockville Avenue on which it fronts remains unconstructed. " . It seems appropriate, therefore, that the Building Commissioner I ensures that there is adequate, constructed access designed to protect the safety of the public at some time prior to the issuance of an occupancy permit for the use of the newly constructed residence. The Webby' s are ready, willing and able to satisfy such reasonable requirements as the Building Commissioner may impose for the improvement of Charlotte Avenue and Pine road, if necessary, before they request an occupancy certificate. In the case of LeBlanc v. Board . of Appeals of Danvers, 594NE2d906 (1992) , the Appeals Court addressed the issue of the construction of the road frontage as it relates to the protection afforded by the First Sentence . In that case, the l.ot in question was shown on a recorded plan as fronting on a way, although the portion of the way serving the lot was not constructed and the building commissioner and the board of appeals denied the issuance of a permit on the . ground that the lot did not meet the requirements of the town' s zoning by-law. The Court, in a footnote indicated that local by-law would not determine the question whether the lot is grandfathered under the statute, and went on to say that "In sum, we agree with the judge' s opinion, that " [w] here [the] plaintiff is content to abide by the town' s regulations as to construction of ways, his rights as to his lot under the zoning act should not depend on the timing of construction of the way. " In summary, it would appear that the Building Commissioner, at least as a prerequisite to the issuance of 'an. occupancy permit, .has. . discretion, so long as the value of the owner' s lot and its existing right of way is not needless and drastically reduced by. unreasonable construction requirements (see. Toothaker v. ' Planning Bd. of Billerica, 193NE2d582) , to require improvements to Charlotte Avenue and, if necessary, to Pine Road .calculated to .protect .the safety of the public and the owner. The Building Commissioner has indicated that he is developing those requirements : : .It would seem appropriate to uphold the decision of the Building Commissioner in granting the existing permits with the understanding that he will ensure that the necessary improvements, as above described, are made .prior to the issuance of the occupancy .permit . Also enclosed are copies of the Danvers case, above cited, and the Assessors' Map showing the property as LOT 90 . Respectfully submitted, Jennifer Webby; by her Attorney, Bernard T. Kilroy I CIOT.0 rr , Mrs aa6sc— �tst3-cr ��• �A�-`D� C'�Ys��t �c3���j�.(3- �' ?l1/VLt��iall��R 3,iCo " YANNtS , (Nta ©"o "DS-AR KM L CUL05SCM ) I N REfSc'zr-NC€' -To OOR ?RVuC C00tW"A moN OT, yCTICRDA, , A)vZc> yovR tNL►tTArTlOtl1 �otZ CoM1�1S�v'CS �E6o.�ljtlt�� 11ZR�6vchTtt-ct�S /�� 9bi Tzrpl-Arc it) -Th€ ur.-138I tssu-E tT- to ULc. 13; A'PP7tc7PA,Ax-c ExAMtto- •TKE NAZAILoS -TKtS Co,*j-r(,uuES TO ?TaeseA.P-C'- To We►G KBOP,"off CA t t_mm�eN RS YOU MA-1 'B:C AWAQE , 'TLtr- 6-%-RVc-rv2z W&S 'R-'MR OPaA1 AAfD 5rn9e£ T04-1 tt+evc cs 'ro tM pew F'Ron" w�nst �wG TH'ROVOlKov At-(- 4'EV e.S , AM ����c�a.�►uc..� �n,cstziu�� W t TH TKO Six 5' .&?GA'1065 A`T '�C� 6m- ta..� Ttt� Air►e wmic m hVe ®Nc- Ai OUE TIME rLOUR- Om "TWE 'GkIt- EMT) MT A �Ulg. Swu try FAt-e— `M T*e GVOVaA---� i tkEvc Is PEN M se-y H I to rH OT- YV U N C-r CA t G-D PLEN t N -THE tA0i9r, t ATt. PVT'C , a -T�o Cr{t cj>p-isA; HAuz hCiz-rA-t,�b� RECA) (AJ J' r-j> FALLIA;e OFF TKLX-iZ ftAiNs t ColLeti Nttt:s Amb oThER SIiA`Rt� OFsSeC-TS '��-i to A L 'Trs �'K S $Tiz u cT�ai2 L� ©tee UGC t-E W e-t DEAsT 1267&v i TZ-CD A v"t2% k.> 'ro 'TH_-C CM ep-arme'l 1200 4A. A4Ato , "rttArsKta�C�- FotL MYCOCK, KILROY & GREEN, P.C. ATTORNEYS AT LAW BERNARD T.,KILROY 171 MAIN STREET BANKRUPTCY COUNSEL ALAN A.GREEN P.O. BOX 960 WILLIAM G.BILLINGHAM LAURIE A.WARREN HYANNIS, MASSACHUSETTS 02601-0960 MARIBETH KING OF COUNSEL RONALD J.SEIDEL REFER ALL MAIL EDWIN S.MYCOCK P.O.BOX 960 TELEFAX (508)790-1954 DAVID V.LAWLER TELEPHONE (508)771-5070 SENDER'S EXTENSION#209 July 18, 1996 Ralph M. Crossen, Building Commissioner The Town of Barnstable 367 Main Street Hyannis, MA 02601 RE : LOT 7, 26 Charlotte Avenue, Cotuit, MA Dear Mr. Crossen: This letter is in response to your letter of July 8, 1996 to my Client, Mr. Stephen Webby, wherein you issued a stop work order under a building permit which you had previously issued on the above lot . -In the letter you suggest that the failure to demonstrate a Board of Survey endorsement on the plan on which the lot is first shown results in the lot frontage being not lawful . We have been unable to discover a Board of Survey endorsement of the Bay View Park plan filed in Plan Book 19, Page 39 at the Barnstable County Registry of Deeds . Following your reasoning, all lots on the Bay View Park plan, save for those fronting on Nickerson Road, the town way, have unlawful frontage . I am certain that many other areas of the Town are in the same condition. As I mentioned at the hearing before the Board of Appeals, there are at least two houses in Bay View Park that have been completed in the last three years and are at risk under your analysis . As to your suggestion that you were misled. by the permit application materials, I must take issue with you. Mr. Webby followed all of your office written and oral instructions properly and neither he nor his counsel were aware of your analysis of the frontage requirement . We agree that the grandfather protection given to a lot for single family residential purposes by the first sentence of the fourth paragraph of section 6 of chapter 40A of the General Laws requires that the lot have a minimum of 50 feet of frontage . - We do not agree that the lot must be shown on an "approved" plan, whether approved by the Board of Survey or under the Subdivision Control Law, in order to enjoy the protection from increased zoning requirements . See Dowlin v. Board of Health of Chilmark, 552NE2d866 wherein the p_peals Court stated tK ' as a prerequisite for grandfather protection, proof of the existence, prior to the otherwise applicable zoning regulation, of some recorded instrument showing a lot . " Earlier in the decision the Court indicated that a deed or a plan or a combination of such instruments may be sufficient to define the lot . In this case there is a plan of record filed in Plan Book 19, Page 39, copy enclosed, which delineates LOT 7 and a deed from Charles O'Neil to Roselth Knapp Breed recorded on May 11, 1928, copy enclosed, which contains a .metes and bounds description of LOT 7 together with a reference to Bay View Park plan filed in Plan Book 19, Page 39, and which deed places LOT 7 in ownership separate from that of adjoining land, a condition continuously enjoyed to this date . (See Sieber v. Zoning Board of Appeals of Wellfleet, 454NE2d108, for separate ownership discussion. In addition, I confirmed with Mr. Terkanian, the attorney who represented the Wellfleet Board of Appeals, that the road serving the lot was not constructed at the time of the appeal . ) As a matter of law, the Webbys, as owners of LOT 7, have the right, without seeking permission from other lot owners in the Bay View Park subdivision, to make sufficient improvements, as you may require, to Charlotte Avenue to gain physical access to Nickerson Road, an accepted town way(copy 'of taking plan enclosed) . There appears to be no question as to the location of that portion of j Charlotte Avenue on which LOT 7 fronts as it is shown on the enclosed Bay View Park plan, Assessors'Map 18, the Town Zoning Map and other plans of record, including the plan prepared for Alvara V. Mattos et ux recorded in Plan Book 275, Page 61, copy enclosed. I have discussed the frontage issue with several local town attorneys who seem to agree that your concern should be limited only to the legal existence of a lot with the minimum area and frontage and the satisfactory physical existence of street access to the nearest public way, whether that physical existence presently exists or will be improved by the applicant . The Webbys are ready, willing and able to improve Charlotte Avenue to your specifications to satisfy your need to insure the safety concerns set forth in Shea v. Board of Appeals of Lexington, 622NE2d1382 . Please note tie Ias sen ence in t iRat—caS'e—n—W_ t"Uh the court said "The building commissioner and the board of appeals were correct in withholding a building permit for the plaintiff' s lot so long as the section of Rockville Avenue on which it fronts remains unconstructed. " I cite the Shea case only for purposes of suggesting that frontage really means physical access for zoning purposes since it seems clear that the Building Commissioner is more properly concerned with safety and not with how or .when a way is laid out which is the bailiwick of the Planning Board. In the Shea case as with all i other cases I have been able to find, the courts are considering frontage as that term is defined in local bylaws and the definition of frontage varies with the requirments of each local statute analyzed therein. I could find no case which addressed the definition of frontage as contained in the statute . It is my opinion that the absence of a definition of frontage in the statute is meant to give the building commissioner discretion in determining the quality and sufficiency of the access for the lot which may vary due to local conditions . Clearly, the second sentence of GLc .40A, s . 6, which contains the three lot grandfather clause requires that the lots be shown on a plan recorded or endorsed. Had the Legislature intended the first sentence LOT to be shown on a plan it could have made such a provision. Secondly, as to the three lot exception, it is quite possible that the ways on which the three lots front as shown on the plan, may not have been constructed at the time of the adoption of the increased zoning requirements . Yet the 75 foot frontage minimum requirement is set forth in the same language as the 50 foot minimum in the first sentence. Since the merits of this issue will be addressed by the Board of Appeals in the current hearing requested by the Longs, I ask you to rescind the above referred to order and allow the Webbys to proceed at their own risk. The result of that .will be to avoid the need for the Webbys to institute an appeal from your order. (;ern4ardT. ry yours, �Kilroy enc . cc : Robert Smith, Esq. Stephen Webby R TOWN OF: BARN STABLE • 'PL A:N,SMOWIN6 LAYOUT OF. . L ' Y AN EXTENSION , OF NICKERSON ROAD CoTwT . AS :MADE BY..TME 'SELECTMEN .. ' 'SCALE 40,FEET TO AN.INCH - FEBRURRY.201959 LCSLIC f. ROGL0.5-- -- TOWN CNGINCCR " .. �• I < �. CLCC'f19CM 1 . DATE I[MNAW 20 1959 i r /21 da 5'ROAOw : ' tw Lo 0. r.R(n a 1939 ••9 ,010 Y0 - op o 4. o �aD o.: O L DWOgQ,,,ROA o 9 7w,• 35.o t� dS.o JD.o so.o ao yS.O _ -: /3 /2 Dater a ` l -S/95za oY95ar.fi(t S000�`f S000fy, H9SZtlf � 3aYp�fc' S i¢JE- /2D.ar So,o r �,t S 77 w E .Lao.o o.o SD.D So.O SD.O z 42.�T I.07 =43=E S 'f, o 23 �s W° /� /o �� S000yJy.ff. h S000Sy/t' b �. •r/7r(r.�ft. � Ss�susyff ��` N�.y Nicte.se� e roo.o /oo. 5• r•93 E / .2.2 6 LV 7S.0 7 . j� A. 3] . 8 0 � .o I oo � oo. � ' 'J - . 3•E Q 6 S6S 1 -r594 p z 7 2 h �n 713 st-43,E AI04 Gt' h .S000•syfC. Saoo=sy.ff / 7/'.y3E o.a .O 72.o / cQj 7 �b S<17r/�f Z `�✓h 6776•Jr o 5- S/!So'si1 rs k.. Sy ^ �#/ s6r.Sj.E 7 �,:o�s Soak Y 2 0 0' 3 o I. n 3' ' S 2 h -2o"3o A / w -S853ef Jd y�h iQ0q s '40. 8, 5 S 63'1 E S9So, l s6/�3f9� = �. y.. 9f B4y i Ew PARK C otuft MAss,C APE COD., GEOR.E .P R t.LLSSEII n....._ _ .in nv�7c� rtoco E s s r t fr- •� ^ p .� 0 .0 JI, �iI `� oats r,f,. .. �'' .rl :J � 1` ., .' `1`�a •F 4 00 . �_ � a p: 't`■�IA..�AV�NIJG rU M■T �-�[.oe. �.L .. /r Q � ``,, r NI � � � �� .._ �S.ao •r �• y y r '. - .. o , 1. ", �,•• on n•wt .o Olt A V �,\ -e'. d �.Z• C■''tQ L P A O p .r IV J 9 4 _ L y 0 gip': g(. .,< ' � Ni 0 �v un � �• ,'`, t I - t0 � ■ �r u N. N' P' Q d n� •~'O0 sr�•i�•.�'u • f 0 . C t• ! �• �• � / r '� w4 ' � � y .. ^ s ..'�'.�e'o.<< •mob.', � '_ , Rl STD 4T r � 10 a� o A v0 QI <�U. � r9 f �w.A 1. ,. o•r I4f. i�0 -()v041. U n . f�� Fop � .� � •. Z .o- ��....� ' JG2 I. Grafton liorves Alvin li=appeared t Coiruaonwealtlr of 1,[assachusetts t IBarnstable ss. Dennis, I.,ay 10, 1920. Than per ,l above-named Alvin if. Creenloaf and aol;nowv edged the foregoing instru- ment to be his free act and deed,,Ciefore me f IGrafton 11owes .Justice of the Peace ! ray commission ert)ires Aug. 4, 1934. Barnstable, ss. Received 1.,uy 11, 1928 and is recorded. s` --------- ------------------------------------------ 1•:Tro+v all 1.,,en by those Presents that the Back Day Co-operative Dank, the mortgagee named in a e ain 4 mortgage given by James y. Cill dated June 7, A.D. 1927' ' recorded k� with Barnstable Deeds 1 Book 443 page 421 hereby aeki �led.es t;rat it has ruceived full payment and satisfaction of a same, and in consid- l } l oration thereof it hereby cancels and dis iarges said mortgage. In :fitness whereof the said Back zyffi'xed imperative Bank lies oaused its corporate seal to be hereunto and these presents to be signed Asst. Eby Elsie R. Duffill its Tr asurer, this 7th day of February A.D. 1928. Corporate Seal (Back Bay Co-operative Bank b ( y ( Elsie R. Duffill Asst. Treasurer Commonwealth of uassachusetts Suffolk;Iss. February 7 A.D. 1928. Then personally appeared the above named Elsie R. Dufi'ill, Asst. Treasurer, and acknowledged t)i'e foregoing instrwiant to be the free act and deed of the Back Bay Co-operative Sank before me:— Augustus F. Crowley Justice of the Peace Barnstahlo,ss. lleoefved l,.ay 11, 1920 and is recorded. ' -- ------------ ------- _ ____ Augustus r. Crowley holder of a mortgage from James y. Gill me dated u Jne 7 1927 recorded with Barnstable County Registry Deeds Book 450, r'Page 75 aol;rrorvled,•.;e satisfaction of the same ness my hand and seal this 9th day of ):day 19_ Augustus F. Crowley (ZS) Comma • ulth of 1,iassachusetts Suffolk ss. i.,ay Y928 Then personally appeared the above-named JAII;'us tus F Crowley and acknowledged the foregoing irrstrument to be his free act and deed before me Charles V1. Chandler Justice of the peace TV conuuission expires 19 Barnstable_ as. Received 1.1ay ll, 1928 and is recorded. -- ----------------- I, Charles O'Iieil of jO�Us Boston, Su2'fol,. County, I„&ssuoirusatts Laing i married, for con3ideratiori paid, grunt to IZoselth Knapp greed of Boston, Suffolk County, 1•;assachusetts with warranty covenants the land in Cotuit, Barnstaple township, I.rassacliusetts being lots seven, 7) and fourteen (14) in a parcel of land designated as Bayview park, Cotuit, Mass. arid recorded in Barnstable Deeds, Plan Book 19 Page' 39, 563 and further described as follovrs; Starting at a point on Charlotte . Avenue and runr(ing south east fifty feet to lot 6 on above said plan, thence southwesterly 106.50 feet to pine Road, thence 63.51 feet on a curve to Charlotte Avellue, thence 79.20 feet on.Charlotte Avenue to e point of beginning, and being lot number seven on said plan. Con- taining 5140 square feet more or less/Also starting at a point on Oldwood Road at lot 24 and running 50 feet southeasterly to lot 13, thence 100 feet southwesterly to lot 15, thence northwesterly 50 feet to lot 24, thence northeasterly 100 feet to point of beginning on Oldwood Road. Containing 5000 square feet more or less. I, LLYrtle B. O'Pfeil, wife of said „rantor release to said grantee all rights of '( '! dower and homestead and other interests therein. witness our hands and seal_ this 14t)i day of 1jarch 1928 y a • �9�Ink; Charles O'Neil (LS .� Lyrtle B. O'Neil (LS) aj -e r Commonwealth of Massachusetts Suffolk County ss. 1,;arch 14, 1928. Then personally appeared the above named Charles OtNeil and acknowled3ed the fore goin.,.Instrument to be his free act and deed, bofore me Notarial Seal Annabelle Bowditcll Notary public (LS) My commission expires April 6, 1934 Barnstable, ss. Received 1,1ay 11, 1928 and is recorded. ` ----------------------- ______ I, William E. Barron of Braintree, Norfolk County, L:assaohusetts being unmarried, for consideration paid, grant to Edward w rr of IlNer Brewster, Barnstable County Massachusetts with uarrnnty covenants the land in said Brewster bounded and des`ribed as follows:- On the north by the Chatham Road 33228�a�,. on the east by land of N. Blanchep. Farnsworth; on the Bout tS the swam of Edward Y P Orr; on the west by land of said {i1L In E. Barron, and teeing a part of the land conveyed to me by deed of Wilbur T. Parker dated January 4, 1927 and recorded With Barnstable County Deeds in Book 441 Page 577. witneos my hand , •Y and seal this twenty eighth day of 1.!arch 1928. William E. Barron (LS) Commonwealth of gassachuuetts County of Suffolk ss. *arch 29, 1928 Then personally appeared the 1; ¢ above maned William E• Barron and anknowledged tho foregoing instrument L•o be his free act and deed, before me. auk i Notarial Seal Albert W. Chapman Notary Public ,. laY conunission expires Nov., 5 1931 (LS) Barnstable ss. , ¢� , Received 1„ay 11, 19:.8 urld is recorded. ` , ••� ------------- I, i•rallcis It• llenderson of Cambridge -----c- >. �', l.;iddlesex CortnL'y, 1•;ussachusetts for considerutiorl laid -�� 1 (;rant to Ifenrys•(yRaP1) of South 1'lellfloet, `i�' � : �r•, ;•,.', Barnstubin CowlLy, lrahusat'C; wiLli (luitelaim covenantal the land in W, South ldollflact ill the county Of 1Surn9table and Commonwealth aforesui(1 CI if Y1i)' r:n °Erne The Town of Barnstable • enaivsrnstE, • � Department of Health Safety and Environmental Services , rFOMO'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 8, 1996 Stephen A.Webby 2 Lot Phillips Road Kingston,MA 02364 Re: 26 Charlotte Avenue,Cotuit,MA Dear Mr. Webby: Subsequent to your last Zoning Board of Appeals hearing,I viewed your lot and found that the ways that you claim as frontage do not exist on the ground. As you know,I contacted you about this and gave you time to research the origin of this section of Charlotte Avenue and Pine Street to find the approved Board of Survey plan. Since you have been unable to find this at the Registry of Deeds,and we do not have any record of it here, I must assume that the frontage you are claiming is not lawful. At this point,I must inform you that without at least 50 feet of frontage you are not able to claim grandfathered rights under 40a section 6. You mentioned that yod,were going to hire an attorney and I agreed that,at this point,you should. As it now appears,your application fora building permit did not note that the way was questionable. In fact,it and your lawyer Paul Milliken's letter,referred to the frontage as lawful and therefore subject to grandfathered protection under 40a section 6. The reason that this is coming up after the fact is because this information misled me into approving the application as if it had normal frontage. You must stop all work at this site until you either: 1) prove that you have at least 50 feet of lawful frontage or 2) obtain a variance for a lot that is too small,does not have adequate frontage and is in violation of all set back requirements. I will wait to hear from you or your attorney. Sincerely, Ralph M.Crossen Building Commissioner cc: Zoning Board of Appeals Certified Mail P 229 805 334 R.R.R. Q960708A AUG 01 96 THU 09: 12 DOG FAX NO. 5006409769 P. 02 p-r-Long 14 Charlotte Avenue Cotuit;,Massachusetts 02635 August 1,1996 Ralph M.Crossen,Building Commissioner The Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Dear Mr.Crossen, The purpose of this letter is to provide my input with regard to the letter sent to you by Mr. Bernard Kilroy,the attorney for Mr.Stephen Webby,concerning the house under construction an Charlotte Avenue in Cotuit. As ymi nr,fad in vour letter of July 8, 1996 to Mr. Webby, you were misled Lotto approving a building permit application for the house in question, as the lot does not conform to the requirements of grandfathered protection under section 6 of chapter 40A of the General Law due to the absence of 50 feet of lawful frontage. Without this lawful frontage, the lot is not grandfathered,and all construction efforts must conform to standard Barnstable zoning law. The owner/builder Mr.Webby was given an unspecified period of time to prove, conclusively, that this lot has, in fact, 50 feet of lawful frontage, and thus conforms to the grandfathered criteria. As MA.Kilroy aloles in his letter to you of July 18, 1996,he har, been unable to discover proof that this lot rneets this requirement. The issue, in my opinion, is binary. hoes this lot conform to the requirements necessary to receive grandfathered protection under section b of chapter 40A or the General Laws ur uvt? Thr answer,clearly,is no. The letter from Mr:Kilroy fails to eatai+lish gro+tmig iinrivr tivhich this lot may be considered to have met this simple regturemen.t_The case law cited,while interesting,is extraneous, and has no direct bearing on the issue at hand. While the absence of a specific definition of"frontage" may invite debate,on practical terns,its meaning is clear: Does the lot in question have legal and physical access-more specifically,pre-existing access-to the lot in question?Clearly, the answer is no.Access to this lot was created by the owner/builder in order,to build the house. A.L. Kilavy Im., nx - itln. Ilia allcgwtioxv tkat othor homes in ti%o aroa, or in. Barnstable in general, may not have lawful frontage, and that this possibility should be considered when an analysis of the absence of frontage to the lot in question is evaluated. The possibility that other homes in Burit,taLle aiay have been built with non-conforming frontage cerlaiAdy floes not justify the practice; rather,this should be immediately curtailed, and not be allowed to perpetuate for the benefit of his client, as suggested by Mr. Kilroy. Ought not the issue at hand bo confinPri.to tho. ennatruction effort under appeal? What pto pose is served by threatening legal action against innocent homeowners in our neighborhood? Mr.Kilroy neglects to point out that on both a physical and legal basis, Charlotte Avenue ends -and has-always ended-directly in front of nay house at the end of my property line, and has never been constructed to reflect the undated plans in the Bay View Park map prepared by Mr. AUG-01-96 THU- 09:13 BSG FAX NO. 5086409769 P. 03 George P. Russell that accompanied his letter. In fact, Charlotte Avenue was unilaterally extended beyond our house by the owner/builder, with no review nr town approval, to neatly curve around his property to provide direct access to a lot that was previously inaccessible. This extension does not intersect with Pine Road, as indicated in the building plans that were submitted to you for approval, because Tine Road does not exist. This effort has enlarged the practical. boundaries of the lot in question by an order of magnitude, since this extension of Charlotte Avenue leads directly to,and only to,the house under construction. This extension of Charlotte Avenue only benefits the owner/builder, and effectively servos, an a privaty driveway to the house under construction. It leads nowhere else, and invites obvious questions: Who, specifically, owns this new extension to Charlotte Avenue? What right does the owner/builder have to create this new road on land he does not own? Moreover, by any reasonable standard, this lot is too small to support the construction of this house. As I noted in the Zoning Board of Appeals Meeting on June 19, 1996, my land has been trespassed upon,trees and bushes removed,and there were tire tracks and dried concrete on my property from when the foundation was poured. The telephone line to own house was severed, most likely by construction equipment,without even the courtesy of a note. Because of the lack of access to this lot, the Cv uit Water Departmcnt could not oven extend the water pipe down Charlotte Avenue to the lot in question without placing their payloader cn my front lawn, which was done with our permission. This construction effort is simply an overintensification of an undersized lot. I'his house,which has four floors of living space and up to as many as six bedrooms and four and one-half bathrooms, depending upon its final internal configuration, is completely out of proportion to other h6uses in the neighborhood. It is approximately 27 feet high, and is only 9 feet from my property line.Surely,the construction of a house of this magnitude on a 5,000 square foot lot was not intended when the concept of grandfatnered rights became law. Mr.Kilroy does make a key point in his letter to you with which I am in agreement: That the building commissioner has discretion in the determination of the quality and sufficiency of the access for this lot. I respectfully request that you consider the facts of this situation, which clearly indicate the absence of frontage to the lot in question m both legal and physical grounds,and reject the request from Mr.Kilroy to rescind your letter of July 8. The issue is clear: This lot does not meet the requirements for grandfathered protection under section b chapter 40a. very trul yours, D.J. g cc:Robert Smith,Esq. Nib- Inc 7s fy..,y : . . : The. Town of Barnstable • .Aar►sTAJ=MAM &65 , Department of Health Safety and'Enivironmental Services m-0, Building Division 367 Main Street,Hyannis MA 02601 Office: -790-622 - Ralph Crossen Fax: 508-790-6230 Building Commissioner June 8, 1996� tephe ebby -—3 of Phillips Road Kingston,MA 02364 Re:. 26 Charlotte Avenue,Cotuit,MA Dear Mr. Webby: Subsequent to your last Zoning Board of Appeals hearing,I viewed your lot and found that the ways that you claim as frontage do not exist on the ground. As you know,I contacted you about this and gave you time to research the origin of this section of Charlotte Avenue and Pine Street to find the approved Board of Survey plan. Since you have been unable to find this at the Registry of Deeds,and we do not have any record of it here, I must assume that the frontage you are claiming is not lawful. At this point,I must inform you that without at least 50 feet of frontage you are not able to claim grandfathered rights under 40a section 6. You mentioned that you were going to hire an attorney and I agreed that,at this point,you should. As it now appears,your application for a building permit did not note that the way was questionable. In fact,it and your lawyer Paul Milliken's letter,referred to the frontage as lawful and therefore subject to grandfathered protection under 40a section 6. The reason that this is coming up after the fact is because this information misled me into approving the application as if it had normal frontage. You must stop all work at this site until you either. 1) prove that you have at least 50 feet of lawful frontage or 2) obtain a variance for a lot that is too small,does not have adequate frontage and is in violation of all set back requirements. I will wait to hear from you or your attorney. Sincerely, Ralph M.Crossen Building Commissioner /cc: Zoning Board of Appeals' Certified Mail P 229 805 333 R.R-R. Q960708A CAPE & ISLANDS GLASS CO. INC. 73 IYANOUGH RD.(RTE. 28),HYANNIS,MA 02601-4729 775-7742.394-4599 1-800-540-7742 71 FINLAY RD.,ORLEANS,MA 02653 SANDWICH IND.PK.,SANDWICH,MA 02563 255-8131 888-6565 Yee S- t FF 0 C 760 �- - AUTO '* COMMERCIAL • HOME OWNERS FREE MOBILE SERVICE&ESTIMATES AUTO GLASS•PLATE GLASS•WINDOW GLASS•MIRRORS INSULATED GLASS 9 SCREENS 9 PLEXIGLAS•SUNROOFS. Town of Barnstable Building Division 367 Main St. Hyannis,MA 02601- . n �� rrn e cam( I . �� �� . � .i �� ,�`\ '. �\, �� ,� _ ��� �.� �` �� _�-�" �� �� �� �� C� �� w� '� ® �� ��� �� 3 � �'�s�� � � i �. _ _ _ - TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 018 090 GE08ASE ID 557 PHONE (617)585-0701 . ADDRESS 26 CHARLOTTE AVENUE ZIP - COTUIT BLOCK LOT SIZE — DB 7 DBA DEVELOPMENT DISTRICT CT . PERMIT TYPE B0000 DESCRIPTION CEIRTIFICATE OFDOCCUPANC�P�`T.#146'78) CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: dry BOND $.00 CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY ; BARNSTABLE. MASS. � JENEVE CORP 03 OWNER ADDRESS PO BOX BOX 142 BUILDI ON KINGSTON MA BY DATE ISSUED 08/25/1997 EXPIRATION DATE ' CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- THIS' PERMIT CO CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR I ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND i FOR ALL CONSTRUCTION WORK: WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- 2.PRIOR TO COVERING STRUCTURAL MEMBERS ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. { BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 l� . -2•c.h In T-C &V,4b CAN MI 2� 2 2 /N$'rl�f/e A. 7- 3 � �97 41 C 7�3ob 3 1 ING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 .7 , � _ca 97 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL _ ,7 WORK NALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS, I THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BYo. VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA, TION. NOTED ABOVE. TION. _ _• - r Map Parcel Permit# '7 7 Conservation Office(4th floor)(8:30- 9:30/1:00-2:00) C V Issued "T'a3 -7 5 &--toard of Health(3rd floor)(8:15 -9:30/1:00-4:45) _ J53( 1 Z Fee Wb2lRio Engineering Dept.(3rd-floor) Planning Dept. (1st floor/School Admin. Bldg.) SEREC INMF LL- Definitive Plan Approved by Planning Board 19lrl`� ,'0'9 . J_ !N - 0Ae�s 13.oFo4t' Stab (�,�l�r d r�pyS /9 aT r',' `E Oil m r► �� � �.��� TOWN OF BARNS W10 i ding Permit A plication Cot, t tree Address C� Pi-� ' Owner Yl. =� 1 Addresses Telephone Permit Request ' u l_ First Floor square feet & Second Floor square feet Estimated Project Cost $ Zoning District p� Flood Plain Water Protection In Lot Size - ) ) Grandfathered ? Y E% Zoning Board of Appeals Authorization Recorded ,Current Use )- (A- 1Y Q Proposed Use 'Construction Type t, t,,)e- \ Commercial )( Residential ~ Dwelling Type: Single Family ��-F_S Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House Unfinished Old King's Highway -� Number of Baths 3• S No. of Bedrooms Total Room Count(not including baths) First Floor Heat Type and Fuel G o Central Air Q C Fireplaces 1\ Garage: Detached — Other Detached Structures: Pool "- Attached Barn None Sheds Other Builder Information Name C�Y� Telephone Number AAddress License# �• 0 , BV J�l o� ( 'Y YYkCi Home Improvement Contractor# 10 Worker's Compensation# v T- NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT) SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTR ION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATUELL"\�6DATE BUILDING PERMIT DELI D FOR THE FO O ING REASON(S) FOR OFFICIAL USE ONLY , 6 MIT NO. ' ISSUED P/PARCEL NO. { F ADDRESS VILLAGE OWNER DATE OF INSPECTION: F ; i FOUNDATION FRAME �' � C�.��'9v :�• - • ' INSULATION , FIREPLACE -ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL y + . GAS: ROUGH FINAL- FINAL BUILDING r DATE CLOSED OUT i ASSOCIATION PLAN NO. , t a ���- /��� � , . i ,, .� . � � � � � - - r1E Town of Barnstable Department of Public Works Eo °�0 367 Main Street, Hyannis MA 02601 Office: 508-790-6310 Thomas J. Mullen Fax: 508-790-6400 Superintendent August 14, 1997 TO: Ralph Crossen, Building Commissioner FROM: Stephen Seymour, PE, Project Engineer. SUBJECT: Charlotte Avenue In response to your request I have looked at the subject way in the field and I have the following comments and make the following recommendations: 1. 1 met Mr. Webby onsite and an abutter to the property on August 12, 1997. Mr. Webby dug some test holes by hand on-Charlotte Avenue, near his house. The gravel underneath the peastone looked very acceptable. A layer of peastone had been placed over the gravel. This section of Charlotte Way should hold up fairly well for a gravel road. However with the steepness of the slope and the need for maintenance of a gravel road, the road will need to be regraded periodically. I had previously recommended that the road be paved, however I understand that the community does not want it paved so it was constructed of gravel in accordance to the wishes of the area residents. 2. Sears road was apparently.also disturbed by the builder, Mr. Webby. He has agreed to top dress the bottom sloe of Sears Road with peastone to blend it with Charlotte Avenue. Prior to the placement of peastone he has agreed to clean up the broken glass that is alcngsic'e the road. Apparently the broken glass is from a truck mirror or lamp. 3. The grass alongside the downslope off of Charlotte Avenue is germinating and becoming established. This is a tribute to Mr. Webbys' watering of the seed and grass. Without regular watering the grass would not be filling.in so nicely. The grass still needs to become better established to ensure that the slope can withstand a good downpour without washing out. 4. Mr. Webby filled slightly onto his abutters property covering their concrete property bound that had been set by the abutters surveyor. Mr. Webby has agreed to pay to have the surveyor raise the concrete bound to be at the grade of the land. Additionally he will place bark t mulch on the small disturbed area on the abutters property to prevent any erosion and to cosmetically improve the disturbed area. The abutter seemed pleased with this approach and it seems the best approach under the circumstances. Recommendation: I recommend that a bond in the amount of$2,00.00d by the Town until the grass sideslope becomes fully.established and to ensure that the work can withstand a good downpour and that the work on-the abutters property regarding the concrete bound and the spreading of bark mulch is completed. Copy to: Robert Burgmann, Town Engineer SGS: File:bldglt2 I L. TRANSMISSION VERIFICATION REPORT TIME: 01,110/1995 19:01 NAME: FAX . TEL DATE,TIME 01/10 19:00 FAX NO. /NAME 916175851478 DURATION 00:01: 00 � PAuE(Si 02 RESULT O<< MODE STANDARD ECM f 7-30-1997 1 1 :45AM FROM JENEV'E C0'1�P 8175651478 P. 'I Jerwve Cary —_Y a I.St 7'af�nr+'Sid,PCympfosa,7v1.�, o236i a July 30,.t997 Town of Barnstable Building Department 367 Main Street Hyannis,MA. 02601 Re: 26 Charlotte A.venue, Cotuit Attn: Ralph Crossen I ant writing this letter concerning your inspection dated 7129197(see attached correction notice). The items in question are outlined as follows: 1. Bedroom in basement-we will not use the basement for a bedroom and the bed has been removed. i 2. Fire rated door-the door in the garage is afire rated door with automatic closing hinges. 3. Deck stairs-they will be completedfor inspection. 4, Kraft insulation in attic-will be covered with poly prior to inspection. 5. Laundry shaft-this shaft.was intended for a chase and is drywalled inside and outside. It is my opinion that it does not violate State Building Code because it will be an enclosed capsule when we seal it off in the attic. A suggestion of Stephen Ondrick,Structural Engineer, (6Bonnie Road, Weymouth,MA, 02190)to further satisfy the local Building Inspector, is to fill the capsule with insulation to prevent any draft. 6.• As per our conversation on 7130197 at approximately 8.30 a.m.regarding front and rear decks. .1 am assured by my council that both decks are legally situated under the language of Chapter 40A,Section 6 and current case law. If you feel.the original permit describing these decks must be amended,I. am only too happy to comply. 7-30-1997 11 :46AM FROM JENEVE CORP 617SBS1478 P. 2 7. 1 request a compliance inspection .Thursday afternoon,July 31st, orTriday mornirzg� August 1st. .Please►aot(fy Stephen A. Webby 617-585-0700 to schedule.. Sincerely, Stephen A. Webt5i 0 ec: Attorney.Bernard T. Kilroy Stephen nndrick, Structural Engineer 0 Fax Cover This Is a confidential message,:mended solely for the person to whom it is addressed.If you recelve this message In error.please forward it to the correct person,or mall It back to us.Thank you. Fax NO. 50U - 790 + 30 Fromh en Date/Time Subject Pages Z Gd ALA) P.O.I3+;t 143 l i,.vstm N11A 6I7-5$50700 I. d R i P I S$Si 19 ddC') 3A SN3r HOdA HVSO=5 8-18-1997 3:26PM FROM JENEVE CORP 6175851478 P. 2 Hulr18_a? 11UTl 15:U� ti t'.Ui %'U Western Surer Company Lftam AND nRfI rr BOND KNOW ALL 1MN BY THESE FU53ENTS: BOND No. 6906002 'Mat we. yemt a Q=p. M_ ol.the_SLtj__of K'�tan State of m"eachusatts —as Prioclpw, and W8Sr9RN SUR7'TY COMPANY, a corporation duly licensed to do business in the State of. rtasstoorawto W as Surm,we.held and fionly bound unto the „Tanrt of Hyannis State 0. Maesa�ctar6cttg_ -. Obligee, is the penal sum of Fire Thar6and artB rrol100 DOLLARS(6S.00O.OA lawful money of the United States, to be paid w tho said OWipe, for which payment well and treJy to be made, we hind outselvea and our legal mpreaentatives, )otbtly and serendly t•y !Arse pteeents. THE CONDITION OF TEE ABOVE OBLIOATION IS SUCH, That w):W'aa, "- aald PtincW has DcerW' Road Frxts+it ------- — t't v br the said Obligee. W' E, it the Bald Priadpal 4A.%R %ithfay perform the dutits .r.,d in all things cvpP „ and ordinance% including all amendments thereto, pertaining to thv iteettsa oT n pia obiig2 97 to be void, otherwise to rerm, in full fore; at+d erect until �'��'� Unteae renewed by COntiRaativn Certscaee. t d 3r) tierminated at any time by the Surety upon aend►ng notion in writing, ry eertiried mall,w }o 4t She.. gltt�Eai Subdivision w tlie.y� ith Whom Ellis bond is Mod and to the PrinetpaL addrtraed to them at the Poll ubd,d3d�named herein,and at the expiration of thirty-five(85)daye too else mt:ding of acid notice, tbfs 9lie1111pao facto twm",o and the Surety shall thereapon be yeFievcd trot►any iixkdity for any to oy oud8siona-of the y irteipal s day to Said date, Bated this l Y of JENEVE CORP, ---_ pritrcipai --"" �^ Principal Cwntareigrutd WESTERN ti R 9 T Y CVXIYANT By �v By �_.---• - — 8 en eta,Pie3den Resident Agent ACKNOWLEDGMENT OF SURETY (Corporate Moor) I STAT13 Olr SOUTH DAKOTA t as county of Minmhahe j 1996 before me, �....�_. p�17 Ch �day pf � S1 h®n T.Pal® the und¢reigtled oiltiter.personally appeared ration who acknowledged himself to be the afo ue d dlfieee oR tdES RN SU�ttttimenntffoor tthhe�ryo�th$Nt6 and that he as such�fieer,bent$aathotioed ao to do e:ecutwd the foraedli►8 eoalaitsed byq+� OTOtca F t eve Aer�'aunto net my hand amend o�tCteial eea-l. IId W�TI�E B.TNOAtAS s0�� NOTARr W1aL[t aw+t sp}rrtf ppt:prA� �lotary Public—SoUth I)alt.rA DtY Gommi.efen E.9iree 6-bZa'9 ;� [wm 119—ari ,pi,.paa,w,w.lia+'�'••+wa�a� �'��S�'�'�r' x z StsDtua T.DatO Yresideat y. °YDh�a M1I//W Il„11n� T>!A$"Qoot7mvattw C<ttlrtCate"af(7$'r B8;D4YtiF.,D a'tTl11 Z•p� I ABOVS goon. Funn9M•tu•95 08/02/1996 12:41 508`4896.72 HOLME—SAf-DMCGRAHTH PAGE 02 dh ' I. A I G C, LOT 7 "EU(� ''4 A.GHMFNT" CLFUA .3 / LOT 6 � M '-Z'y LOT 2 r\ 00 c AK".F0urlD 5,650f S.F. 3 � dX` Orq 001,yv ,5p� � LOT 3 L p^a� /, � 4 ar LOT 2 Cl� �N O0- f PLOT FLAN holmes and mcgrath, inc. ��`�� 6i PREPARED OR civil engineer and land surveyors MARY VELP�/1A COURTINES 200 main street ��q�- Ere N IN folmouth, mo. 02540 No. 2=1 0TU.IT BARNSTABLE, MASS. Gin �. CALE: 1"=40' DATE: - AUG.2,199 FAWN: MES CHECKED: JOB NO.:96232 0WG NO.: A72234 I I �lCTviZc� i SNrs+a E"-llOAC+kM �s oL)-ro La�#,, -� 'f(a CCCUFT,Mes/,t, mk ), ALONG PAR. (vez"s £11STt-gc y 'Trtc,';. -PH&-rO6lzA•PrtS , CIe-tvtz£ 44 1 s kowS 'Tt(C r V-tlAS'Rc y Mos-` 31oku-r IF ANr) ��c��� vr- sHows THG P `Oc -ro OOZ Mf�T2�-Z3-`Z� �►.� E���zt�n� i3/�LLG20�tJ� C�� �t�'G�z� �\� Ds C—IZ, t S p�� �� t. t•`�'•� cs N•zo ���-��S ��'iZc,p��� . .sue i Ft;LCED rRC—ss '�t o tv Ca c,;ZT 1 S ►Zo Z W 00 UJ cl� vwi oOQz —r*mez �C+Nc' Ar k os��I�rn�sc v! 12 sNu l l O � THE �o+NTs sHOWAJ cN J Q t� t♦ J�� —•. --� =Yoe v-w vvu �-j Zvi O-t" X 49 3 ��o�" %dp E'Rost n tJ D&rrd Rt6trMIMS Caa-VluulB5 i+ev-t AS 1kjEl-� , ►!l.7 FAC"rj IDIOV6u-C c�jviRu,ti� e�2��u�S�3ue.K[.t� ow�v �.� quay tN'Tp t�tu+t Wk�l� -c�t�S ��RTiS �� L�? 0 2- Ste oyjv ��- CQ r t se. l - C �J r J ur S� � v i c or e �,r� ,,,,emu S u r�eS -�-►'� ��-� �e— V\A-or-42,, ere-6V A /11r^✓/ O u r- U U 1 ^ t I v V vs d c,)lAOL 0 r W i (� VAS S�� OAAb U f r J 1des ro1 uv r- t r � a S a.Gu\je, C'4 000- f cv'le�p ed) C, t S601�Cl,/ re - V �� �c vet f l n p rL) 1 AS IL 1 0�`C_ C�,rr�cQ (.J�cS i C re � . cc co, !J � n i i A 'Yi ,•� ?��� � y s. � ��>r,�, �� ... *k, wed••, h � 4 ? `,,,�•r � ACM'. - /�� a'' a ,.�r• ff , r:A _ Am AM im � _ .. _ °F THE r _ The Town of Barnstable y saaxsTasU& • 1619. `0$ Department of Health Safety and Environmental Services AIFo '�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 8, 1996 Stephen A. Webby 2 Lot Phillips Road Kingston,MA 02364 Re: 26 Charlotte Avenue,Cotuit,MA _---- - - - --- - J Dear Mr. Webby: Subsequent to your last Zoning Board of Appeals hearing,I viewed your lot and found that the ways that you claim as frontage do not exist on the ground. As you know,I contacted you about this and gave you time to research the origin of this section of Charlotte Avenue and Pine Street to find the approved Board of Survey plan. Since you have been unable to find this at the Registry of Deeds,and we do not have any record of it here, I must assume that the frontage you are claiming is not lawful. At this point,I must inform you that without at least 50 feet of frontage you are not able to claim grandfathered rights under 40a section 6. You mentioned that you were going to hire an attorney and I agreed that,at this point,you should. As it now appears,your application for a building permit did not note that the way was questionable. In fact,it and your lawyer Paul Milliken's letter,referred to the frontage as lawful and therefore subject to grandfathered protection under 40a section 6. The reason that this is coming up after the fact is because this information misled me into approving the application as if it had normal frontage. You must stop all work at this site until you either: 1) prove that you have at least 50 feet of lawful frontage or 2) obtain a variance for a lot that is too small,does not have adequate frontage and is in violation of all set back requirements. I will wait to hear from you or your attorney. Sincerely, Ralph M.Crossen Building Commissioner cc: Zoning Board of Appeals Certified Mail P 229 805 334 R.R.R. Q960708A l St _'A able own eetin Action on onin and related Articles NO/Date ART s /A R/N SUBJECT 1A=Adoot-R=Reiiect:N=l0 actionl /14/29 Art. 7 A Adopt original Barnstable Zoning By-Law /3/36 _, Art. 29 A Planning Bd. study adoption of comp. zoning system and report to 1937 ATM. /6/39 Art. 48 R Adopt a revised zoning by-law for the Town. A Moderator appoint a committee of five to join with Planning Bd. to study matter of a revised zoning by-law and report to the 1940 ATM. /4/40 Art. 10 R Continue committee apptd. to study revised zoning per ATM 3/2/69 Art.• supra. Art. 47 A Slctmn. to appt 3-member Bd./Appeals to make special excepts. to zonim. by-law. 1/4/47 Art. 43 A Raise and appropriate $ 1500 for preparation of zoning map by the Planning Bd. il/ 1-2/48 Art. 78 R Adopt comprehensive zoning by-law for the. Town. /7-8/49 Art. 74 R Adopt comprehensive zoning by-law for the Town. Art. 75 A Hyannisport zoning. /6-7/50 Art. 67 A Barnstable Village.zoning. ,; ATRUE-COPY ATTEST Art. 68 A Centerville and West Hyannisp t.zorfn Art. 69 A Cotuit Highgrounds zoning. Art. 70 A Cotuit-Marstons Mills zoning. - ,i ,;, Town Clerk i Art. 71 R Marstons Mill z Wing:: BARNSTABLE Art. 72 A Amendment of Hyannisport zoning. y Art. 73 A Precinct 5 - Osterville zoning (the first specific to Osterville). /5/51 Art. 95 A Apply Res. A District to Sampson's Island, Cotuit. Art. 96 A Establish Res. AAA District for Long Beach in Centerville to bar taking of lodgers. Art. 97. A Apply Res. A District to North and South Hyannis. Art. 28 R General by-law re removal of soil , sand and gravel. 942 30 Mass. App. Ct. 30 Mass. App. Ct. 943 c Rescript Opinions. Rescript Opinions. ROBERT J. PRIORE vs. ROBERT M. SAWYER & others.' No. 89-P-1179. least at the urging of the police, they brought the defendant to a hospital April 24, 1991. Zoning, Adoption of by-law or ordinance, Exemption, Lot, for treatment of his injuries. No examination of his blood alcohol level was Setback. there performed. See Commonwealth v. Alano, 388 Mass. 871, 879 This is an appeal by the plaintiff-abutter from a decision of the Superior (1983). We hold that, in the circumstances, the defendant was given ade Court affirming the board of zoning appeals (board) upholding the issu- quate notice of his right to an independent physical examination and, ance of a building permit on registered land. The parties stipulated to facts therefore, that it was error to dismiss the complaint. We hasten to add, which gave the lot the benefit of the grandfather provision in the first sen- however, that strict compliance with the requirements of G. L. c. 263, tence of c. 40A, § 6, fourth par.' The parties agreed that, after July 2, § 5A, should be the unaltered practice. See Commonwealth v. Andrade, 1970, the lot was not held in common ownership with any adjoining lot, supra at 879 (noncompliance may, however, be justified by exigent cir- had frontage in excess of fifty feet, and had an area in excess of 5,000 cumstances, by defendant's inebriation such that notification would have square feet. They also agreed that the first zoning by-law for the town was been "futile," and by evidence of defendant's belligerence or inability or adopted on May 23, 1972. unwillingness to cooperate). Absolute compliance will leave no room for Although the plaintiff argued below that c. 40A, § 6, does not apply if doubt whether the notice requirements have been met and will also avoid there was no zoning law when the lot met the statutory requirements for lapses into lax procedures which could result in the dismissal of a com- grandfather protection and only applies where the change is within a pre- plaint. See Commonwealth v. Andrade, supra at 878; Commonwealth v. existing zoning scheme, he has rightly abandoned this argument on appeal. Kelley, 404 Mass. 459, 464 (1989). As the trial judge ruled, the plaintiffs contention is precluded by Sieber v. 2. Delay in the appellate process. The defendant argues that the Com- Zoning Bd. of Appeals of Wellfleet, 16 Mass. App. Ct 985, 986 (1983).' monwealth's appeal should be dismissed because of a negligent delay of The memorandum of the Superior Court judge in Sieber' reveals that the nearly two years in having the transcript prepared. The request for dismis- circumstances giving G. L. c. 40A, § 6, protection to the lot in that case sal is based on Mass.R.Crim.P. 36(c), 378 Mass. 912 (1979), and on prin arose prior to the existence of any zoning law in the town of Wellfleet. ciples of due process. The rule 36(c) claim (essentially involving the denial What the abutter now argues is that Sieber' did not treat the question of due process) is not properly before us. It should be raised by a motion to whether the protection extended beyond area and frontage requirements,, dismiss the complaint made to a District Court judge who must determine or more specifically" to zoning requirements, such as sideyard setbacks whether there has been both an unreasonable lack of diligence by the pros- which could be met by a substandard lot. He argues that t e owners o the ecution and prejudice to the defendant.' As for the due process claim, the lot (Robert and Kathleen Sawyer) could here have met the setback re defendant, relying on Commonwealth v. Hudson, 404 Mass. 282, 283-285 quirements. This issue was not argued to the Superior Court judge and (1989), states that the delay is "likely" to impair his ability to present t witnesses in his defense. The reliance is misplaced. In order to succeed cannot be raised for the first time on appeal.In addition, we base our decision on another ground. The parties under the principles of Hudson, the defendant must show either that the presented evidence as to the width of the lot. The by-law provided for a ten delay was deliberately caused by the prosecution or that it was prejudicial to his presentation of arguments on appeal. See ibid. and cases cited. Cf. Commonwealth v. Libby, 405 Mass. 231, 232-233 & 233 n. 1 (1989).The 'Kathleen Sawyer, the board of appeals of Tisbury, and the building inspector of defendant has shown neither; he expressly disavows prejudice. the town. Order dismissing complaint 'As inserted by St. 1975, c. 808, § 3, that statute provides in relevant part: reversed. "Any increase in area, frontage, width, yard, or depth requirements of a Judith Ellen Pietras, Assistant District Attorney, for the zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement,whichever oc- Commonwealth. curs sooner was not held in common ownership with any adjoining land,con- Richard J. lanello for the defendant. formed to then existing requirements and had less than the proposed require- ment but at least five thousand square feet of area and fifty feet of frontage." 'See also Ferzoco v. Board of Appeals of Falmouth, 29 Mass. App. Ct. 986, 987 'Massachusetts Rule of Criminal Procedure 36(c), provides: "Notwithstanding (1990) the fact that a defendant is not entitled to a dismissal under subdivision (b) of this 'We may take judicial notice of the record of a case. O'Neill v. Mencher, 21 rule, a defendant shall upon motion be entitled to a dismissal where the judge after Mass. App. Ct. 610,613 (1986). In Adamowicz v. Ipswich, 395 Mass. 757, 761 n.6 an examination and consideration of all attendant circumstances determines that: (1985), the court quoted the same memorandum on which we rely. (1) the conduct of the prosecuting attorney in bringing the defendant to trial has 'The judge's memorandum in Sieber shows that sideyard requirements were not been unreasonably lacking in diligence and (2) this conduct on the part of the prose- met in that case, but does not indicate the extent of nonconformance. } cuting attorney has resulted in prejudice to the defendant." i 945 30 Mass. App. Ct: 30 Mass. App. Ct. 944 Rescript Opinions. Rescript Opinions. with Kope for cocaine. The unit of barter was one VCR for one gram of foot sideyard setback for lots under 100 feet and for fifteen foot setbacks, cocaine. for lots wider than 100 feet. The Sawyers' house (now fully constructed)is 1. Defective indictment. The indictment for distributing cocaine recited located eleven feet away from the side line. Y that the crime occurred on March 19, 1987. None of the evidence at trial The judge found that the difference in the parties' calculations as to the + pointed to a drug exchange on March 19, 1987. That evidence implicate width of the lot was less than one to two inches.' We agree with the nota Kope in trading drugs for stolen goods at other times in February and tion in his memorandum of decision: "1 regard the Tisbury Board of Ap-: March. March 19, 1987, the date specified in the indictment,was the date peals' decision to issue the permit in the face of these equally credible and, on which the Southwick police executed their search warrant. Defendants, een the minimally different calculations as proper." As said in Van Arsdale v: however, are not to be acquitted on the ground of a variance betw Provinceto+wn, 344 Mass 146, 150 (1962), the "alleged violation, if it ex allegations of an indictment and the ultimate proof if the essential a e- ists. . . . is too trivial to notice." Judgment affirmed. ments of the crime are correctly stated. G. L. c. 277, § 35. Unless the defendant is prejudiced in his or her defense by the error in the com- william H. Fricke for the plaintiff. plaining document, the variance is regarded as immaterial. Common- Howard M. Miller (Carmen L. Durso with him) for the defendants. wealth v. Manooshian, 326 Mass. 514, 516 (1950). Commonwealth v. Smith, 368 Mass. 126, 129 (1975). See Commonwealth v. lacovelli, 9 Cp�gMU\\VEAI_TI.I V.S. MICHAEL W. KOPE. No. 90-P-39. May 1, 1991. Mass. App. Ct. 694, 697 (1980). Review of the transcript of the trial does Practice. Criminal, Indictment, Variance, Disqualification of judge, Con- not disclose that the defense was in any way misled or surprised by the duct of prosecutor. Assistance of counsel. Receiving Stolen Goods. Con- prosecution's case. There was no objection to testimony concerning drug trolled Substances. transactions between the defendant and various witnesses on the ground Following the defendant Kopc's convictions by a jury of distributing co- that those events had occurred on days other than the date mentioned in cainc and receiving stolen property, it judge of the Superior Court imposed the indictment. Similarly, nothing in the record suggests that the defend- sentence of six to ten years at M.C.I., Cedar Junction.' Kope's appeal- ant relied to his detriment upon the March 19th date. See Commonwealth claims reversible error based on the following: (1) the cocaine distribution v Gallo, 2 Mass. App. Ct. 636, 639-640 (1974); Commonwealth v. indictment contained a misleading date; (2) the trial judge should have lacovelli, supra at 696-697. d recused himself; (3) the prosecution introduced false testimony; (4) 2, Judge's failure to recuse himself. Before trial began there was an ferise counsel gave ineffective assistance; and (5) the defendant's motion attempt at a plea bargain. The Superior Court judge carefully explained to for a required finding of not guilty should have been granted. We affirm: the defendant his rights to a trial by jury, the right to confront witnesses, Facts. These, in summary, are the facts the jury could have found. Act- the burdens on the Commonwealth, and so forth. He also asked the prose- ing under a search warrant, police officers of the town of Southwick cutor to elaborate the facts which the Commonwealth proposed to prove. searched Kope's house and found in his bedroom cocaine residue on ra u is Upon conclusion of the prosecutor's recitation, the judge said, "I don't dates and amounts with this recommendation. If this man is listing names, da o along zor blade, a small mirror, and notebooks I g think I'm inclined to g of money. A search of the basement turned up lawn equipment, including guilty of these charges, I don't think he ought to go on probation. I think a lawn tractor, a leaf blower, a weed whacker, a snowblower, and rotary he ought to go to prison. He's entitled to a trial." On what turned out to be + lawn mowers. Those items had been reported stolen and their owner later the first day of trial, the prosecutor began the proceeding by reporting that identified them for the police. the defendant "indicates today that he'd like to change his plea." The The young rnan who had stolen the lawn equipment exchanged it with judge responded: "Well, I heard the plea recommendation the other day. I Kope for "about four" grams of cocaine. That occurred in February, 1987, also heard what the charge is in this case and I'm not about to put this during the same month that young thieves delivered television sets, jew- man on the street with those charges. If he's not guilty of them, that's elry, and coins to Kope as payment for cocaine. In March, local youths something else, but if he's guilty of the charges [against him] I do not stole video cassette recorders in a series of house breaks and swapped them think that a probationary term is in any way appropriate and I would not go along with that." Defense counsel indicated that, "We're inclined to — proceed jury waived." The judge indicated that he was prepared to pro according to the plaintiff the width of the lot was 100.2 feet while the defend eeed but inquired whether the defendant had considered that the judge ants appear to have claimed it was 99.96 feet. had heard ,some of the matters on the plea the other day." Defense coun- The operative sentence was for distribution. There was a lesser sentence four sel responded, somewhat tentatively, "1 would suggest, respectfully sag and one-half Io live years (to be served concurrently) on the conviction of reccee iving . P stolen property. i .7 i LEGAL DEPARTMENT, TOWN OF BARNSTABLE INTE194DIPFICE Heinersan4lum DATE: AUGUST 7, 1996 TO: ZONING BOARD OF APPEALS FROM: ROBERT D. SMITH, TOWN ATTORNEY 14@.Yj. RE: ZBA APPEAL NO. 1996-61 (D. J. LONG; STEPHEN A. WEBBY) OUR FILE REF NO.: #96-0238 believe that the attached case (LeBlanc v. Board of Appeals of Danvers, 32 Mass. App. Ct. 760 (1992) comes the closest of any Massachusetts jurisprudence to being of assistance to the board in disposing of the above matter, at least in its present posture.before the board. It indicates that the 50-foot frontage required for grandfathering under the specific.language under section 6 of chapter 40A of the general laws need not necessarily exist on the ground. In citing (in footnote 7) to the case of Murphy v. Mart Realty, Inc., 348 Ma. 675 (1965), the Court indicates that the owner of property on a way, whose status is similar to that of Charllotte Avenue in the present case, was sufficient to preserve grandfathering status. It is important to point out that this.is a different question from that as to whether or not the building commissioner should or should not issue a building permit or, presumably, a certificate of occupancy, with respect to a single-family. ingle-family residence on a road which has not been sufficiently constructed to provide adequate and safe access to and from the residence. RDS:cg Atchmt. [96-0238W96zball f 594 N.E.2d 906, 32 Mass.App.Ct. 760, LeBlanc v. Board of Appeals of Danvers, (Mass.App.Ct. 1992) Page 1 32 Mass.App.Ct. 760 141 ---- 141 H Extent of Right, Use, and Obstruction Edward A. LeBLANC 141k39 Extent of Right V. 141k44 Ways BOARD OF APPEALS OF DANVERS, et al. 14lk44(2) Extent of way. (FNI) No. 91-P-370. Mass.App.Ct. 1992. Appeals Court of Massachusetts, Essex. Grantee of lot bounded by sufficiently designated proposed way has an easement in its entire length Argued April 14, 1992. and the right to make it passable and usable for the Decided July 7, 1992. entire width. Appeal was taken from order of the Superior David J.. Doneski, Asst. Town Counsel,, for Court, Essex County, Peter W. Kilborn, J., which defendants. declared that owner had requisite frontage to be protected from changes in zoning. The Appeals Joel Jay Rogge, Alan L. Grenier, Danvers, with Court, Dreben, J., held that statute providing that him, for plaintiff. the lot which meets existing requirements for single family dwelling is not affected by changes provided Before PERRETTA, DREBEN and PORADA, it has at least 50 feet of frontage, was sufficient that JJ. the lot in question abutted a plotted but undeveloped way. DREBEN, Justice. Affirmed. Although the laintiff of as shown on recorded 1 fronts on a wa the portion-of-the 1. ZONING AND PLANNING k254 way serving the lot is as yet unconstructed. This is 414 ---- -an appeal from the entry of summary judgment for 414V Construction, Operation and Effect the plaintiff declaring that his lot has the requisite 414V(B) Architectural and Structural frontage to be protected for zoning purposes under Designs the first sentence of the fourth paragraph of G.L. c. 414254 Area and frontage requirements. 40A, Sec. 6, as appearing in St.1975, c. 808, Sec. 3. (FN2) The [32 Mass.App.Ct. 7611 judgment Mass.App.Ct. 1992. reversed the decision of the board of appeals •907 Fact that portion of street abutting property was (board) which upheld the denial of a building permit not constructed did not preclude it from being a by the building inspector on the ground that the lot street for purposes of statute that increase in did not meet the requirements of the town's zoning frontage or depth requirements of a zoning by-law. We affirm the judgment. ordinance does not apply to a lot for a single family residence which conformed to existing requirements We take our facts from the agreed statement filed and had 50 feet of frontage. M.G.L.A. c. 40A, Sec. by the parties and from the decision of the judge. 6. The lot, known as 44 Lafayette Avenue in Danvers, was created by a plan recorded in 1925. It has an 2. EASEMENTS kl7(4) area of 8,260 square feet and has fifty-six feet of 141 ---- frontage on Lafayette Avenue as shown on the plan. 141I Creation, Existence, and Termination The first zoning by-law of the town took effect on 141k15 Implication July 29, 1946, and established a minimum frontage 141117 Ways in General requirement of eighty feet and a minimum area of 141kl7(4) Sale of platted land in general. 8,000 square feet in the district in which the lot is located. [See headnote text below] Prior to the effective date of the 1946 by-law, the 2. EASEMENTS k44(2) lot was conveyed to James and Barbara McDermott Copyright 0 West Publishing Co. 1996 No claim to original U.S. Govt. works. � a 0 Page 2 594 N.E.2d 906, 32 Mass.App.Ct. 760, LeBlanc v. Board of Appeals of Danvers, (Mass.App.Ct. 1992) by deed recorded May 24, 1946. During the time required" endorsement *908. under G.L. c. 41, they owned the property, the McDermotts did not Sec. 81P, should, by analogy, determine whether a own any land adjoining the lot. By deed recorded lot is protected as a buildable lot under G.L. c. 40A, on January 9, 1968, the McDermotts conveyed the Sec. 6. See note 2, supra. This argument fails to lot to the plaintiff. (FN3) recognize that the purposes of G.L. c. 41, Sec. 81P, and G.L. c. 40A, Sec. 6, are different. The zoning In 1962, the town accepted Lafayette Avenue,as a provision "is concerned with protecting a once valid public way to a point approximately fifty-five feet lot from being rendered unbuildable for residential short of the plaintiff's lot, and some time later, the purposes, assuming the,lot meets modest minimum pavement was extended approximately thirty-five area (at least 5,000 square feet) and frontage (at feet beyond the public way to serve the lot adjoining least fifty feet) requirements." Sturges v. Chilmark, the plaintiffs. The .portion of Lafayette Avenue 380 Mass. 246, 261, 402 N.E.2d 1346 (1980). On shown on the 1925 plan fronting on the plaintiffs lot the other hand, a principal object of the subdivision has not been constructed. control law is to "ensure efficient vehicular access to each lot in a subdivision." The "statute relieves In 1981, the plaintiff submitted a proposal to the certain divisions of land of regulation and approval planning board of the town for the construction of by a planning board ('approval ... not required') the remaining portion[32 Mass.App.Ct. 762] of [where] ... the vital access is reasonably guaranteed Lafayette Avenue. The planning board approved the in another manner." Perry v. Planning Bd. of plan subject to two construction-related conditions Nantucket, 15 Mass.App.Ct. 144, 151, 444 N.E.2d and subject to obtaining a dimensional variance from 389(1983), quoting from Gifford v. Planning Bd. of the board of appeals. Nantucket, 376 Mass. 801, 807, 383 N.E.2d 1123 (1978). The plaintiff obtained a variance in 1981, (FN4) the board of appeals noting that there was evidence Nothing in c. 40A, Sec. 6, requires that the presented "that the subject lot was created by a exclusions of Sec. 81L be the only method of subdivision approximately 55 years ago and that all ensuring adequate access to the [32 Mass.App.Ct. the adjoining lots have been developed and are being 764] lot. The parties recognize that the subdivision used." The board's decision which was issued control law is inapplicable to this lot because of prior to Adamowicz v. Ipswich, 395 Mass. 757, 481 G.L. c. 41, Sec. 81FF, and, as the judge found, N.E.2d 1368 (1985), see note 3, supra. indicated "[b]oth admit the right of the town to impose, as to a that the lot was not exempt under G.L. c. 40A, Sec. lot predating the subdivision control law, 6, "because [the plaintiff] formerly owned two requirements as to the construction of ways and the adjoining lots." installation of municipal services." See Toothaker v. Planning Bd. of Billerica, 346 Mass. 436, 440, [11 Subsequent to Adamowicz, the plaintiff sought 193 N.E.2d 582 (1963). The plaintiff concedes that a ruling from the building inspector that the lot was he must first construct the way before the building exempt under G.L. c. 40A, Sec. 6. The inspector permit is issued. denied the permit in 1988, and on appeal by the plaintiff, the denial was upheld by the board. The [21 To define frontage in c. 40A, Sec. 6, by board reasoned that since the portion of Lafayette importing the criteria of c. 41, Sec. 81L, would not Avenue abutting the subject property was not serve the purpose of "protecting a once valid lot constructed, it could not be considered a "street" from being rendered unbuildable." See Sturgis v. (FN5) as defined in the zoning by-law and hence Chilmark, 380 Mass. at 261, 402 N.E.2d 1346. could not provide the requisite frontage. Such a construction is not necessary to insure the interests of the planning board which, as indicated The defendants take the same position on appeal above, was satisfied with the plaintiff's proposal for as they did in the Land Court, and argue that the the road (subject to two modifications) and would frontage requirements under the subdivision control needlessly and drastically reduce the value of the law, G.L. c. 41, Sec. 81L, (7;N6) [32 Mass.App.Ct. --plaintiff's lot and his existing right of way. (FN7) 7631 for purposes of obtaining an "approval ... not Cf. Toothaker v. Planning Bd. of Billerica, 346 Copyright®West Publishing Co. 1996 No claim to original U.S. Govt. works. .. 594 N.E.2d 906, 32 Mass.App.Ct. 760, LeBlanc v. Board of Appeals of Danvers, (Mass.App.Ct. 1992) Page 3 Mass. at 440, 193 N.E.2d 582. Cf. also Jenckes v. to provide for the needs of a [sic] vehicular traffic Building Commr. of Brookline, 341 Mass. 162, and the installation of municipal services." 164-165, 166, 167 N.E.2d 757(1960). In sum, we agree with the judge's opinion, that "[w]here [the] As indicated by the judge, the by-law definition, plaintiff is content to abide by the town's regulations even assuming the quoted portion of the by-law is as to construction of ways, his rights as to his lot properly in evidence, does not determine the under the zoning act should not depend on the timing question whether the lot is grandfathered under of construction of the way." the statute. Judgment affirmed. FN6. The definition of "subdivision" in G.L. c. 41, FNl. The building inspector of Danvers. Sec. 81L, as amended through St.1965, c. 61, contains exclusions which excuse a plan from FN2. That sentence reads as follows: subdivision approval "with reference to specific objective criteria apparently chosen by the "Any increase in area, frontage, width, yard, or Legislature for the quality of access they normally depth requirements of a zoning ordinance or by- provide." Perry v. Planning Bd. of Nantucket, IS law shall not apply to a lot for single and two- Mass.App.Ct. 144, 150, 444 N.E.2d 389(1983). family residential use which at the time of recording or endorsement, whichever occurs The twelfth paragraph provides: sooner was not held in common ownership with any adjoining land, conformed to then existing " 'Subdivision' shall mean the division of a tract requirements and had less than the proposed of land into two or more lots ...; provided, requirement but at least five thousand square feet however, that the division of a tract of land into of area and fifty feet of frontage." two or more lots shall not be deemed to constitute a subdivision within the meaning of the FN3: At the time of the conveyance to the plaintiff subdivision control law if, at the time when it is in 1968, he owned three parcels adjoining the lot at made, every lot within the tract so divided has its rear boundary. The plaintiff no longer owns frontage on (a ) a public way or a way which the those'lots, and the parties and the judge agreed that clerk of the city. or town certifies is maintained the only question at issue was whether the lot has and used as a public way, or (b) a way shown on the fifty feet of frontage required by the statute, a plan theretofore approved and endorsed in note 2, supra. the lot qualifying in all other accordance with the subdivision control law, or (.Q respects under the reasoning of Adamowicz v. ) a way in existence when the subdivision control Ipswich, 395 Mass. 757, 481 N.E.2d 1368(1985). law became effective in the city or town in which the land lies, having, in the opinion of the FN4. An appeal by three abutters is pending from planning board sufficient width, suitable grades that decision. and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use FN5. The zoning by-law is not in evidence. See of the land abutting thereon or served thereby, Perini Corp. v. Building Inspector of North and for the installation of municipal services to Andover, 7 Mass.App.0. 72, 78 n. 9, 385 N.E.2d serve such land and the buildings erected or to be 1035 (1979). An exhibit appended to the agreed erected thereon." *908_ FN7. The plaintiff as statement of facts, a letter of assistant town grantee of a loth ded by_ a sufficiently counsel, purports to contain the definition of a designated proposed way notonly has an easement "street" which is as follows: in its entire length, Murphy v. Mart Realty, Inc., 348 Mass. 675, 677-678, 205 N.E.2d 222 (1965), "A public way, or a way shown on a plan but also has the right to make it "passable and approved by the Planning Board under the usable for its entire width, having due regard to subdivision control law, or a private way which, the rights and interests of others.... The right in the opinion of the Planning Board has sufficient exists even more clearly where without width, suitable grades and adequate construction improvement the way is impassable and useless." Copyright Q West Publishing Co. 1996 No claim to original U.S. Govt. works. Page 4 594 N.E.2d 906, 32 Mass.App.Ct. 760, LeBlanc v. Board of Appeals of Danvers, (Mass.App.Ct. 1992) Guillet v. Livernois, 297 Mass. 337, 340, 8 ' N.E.2d 921 (1937). i i i Copyright(D West Publishing Co. 1996 No claim to original U.S. Govt. works. / � � j %� , — �` ' � ' �a �i � I I ,�/ � � , / " �E � ill l o l� �a � ;� � �; � , iiI �'1, 563 and further described as follows; Starting at a point on Charlotte Avenue and running south east fifty feet to lot 6 on above said plan, ,:= a thenoe southwesterly 106.50 feet to pine Road, thence 63.51 feet'on I „" a curve to Charlotte !Avenue, thence 79.20 feet on Charlotte Avenue to - , point of beginning, and being lot number seven on said plan. Con- taining 5140 square feet more or less, Also starting at a point on Oldwood Road at lot 24 and running 50 feet southeasterly to lot 13, thence 100 feet southwesterly to lot 15, thence,northwesterly 50 feet to lot 24, thence northeasterly 100 feet to point of beginning on �� �• Oldwood Road. Containing 5000 square feet more or less. �qa;�.. I, Ltyrtle B. �.A O'Neil, wife of said grantor release to said grantee all rights of r • fix:.- � � dower and homestead and other interests therein. witness our hands and seal_ this 14th day of 1,iarch 1928 -wm Charles O'Neil (LS Lyrtle B. O'14ei1 (Lfl m Commonwealth of 1,lassachusetts Suffolk County ss. 1,garch 14, 1928. Then personally appeared the above named Charles O'Neil and acknowledged the foregoin,, instrument to be his free act and deed, before me - f Notarial Seal Annabelle Bowditch Notary public 4, (LS) My commission expires April 6, 1934 V Barnstable, ss. Received 1jay•11, 1928 and is recorded. ---------------------------------- I, William E. ------------------------------- Barron of Braintree, Norfolk County, Massachusetts, being unmarried, for consideration paid, grant to Edward rr of EIP�r Brewster, Barnstable County 1:;assachusetts with we ranty covenants the land in said Brewster bounded and ce3 ribed as follows;- On the north by the Chatham Road 328 ,. on the east by land of N. Blanche 0P Farnsworth; on the sout y the swamp of Edward Orr; on the west by land of said Wil" in E. Barron, and being a part of the land conveyed ' ti....:to me by deed of Wilbur T. parker dated January 4, 1927 and recorded with Barnstable County Deeds in Book 441 page 577. witness my hands:" and seal this twenty eighth day of ],!arch 1928. `'y William E. Barron (LS) 16 II Commonwealth of Uassaohusetts County of Suffolk ss. ?.*arch 29, 1928 Then personally appeared the V. above named William E. Barron and acknowledged the foregoing instrument' p� •a3. to be his free act and deed, before me. Notarial Seal Albert w. Chapman Notary Public IT-Y couunission expires Nov., 5 1931 (LS) Barnstable, se. Ieceived Lay 11, 1928 and is recorded. ----------------------- ------------------------------------------=---I, Francis R. Iienderson of Cambridge, I.;iddlesex Coi)nty, 1;ussachusetts • � tc.. .<4�!li for consideration paid, f;rant to }r,.ilr : Y of South wellfleet uxi�lirol! yp� ,f 1arn9table Count Iassar Y� ], � �•rith quitelaiui covenants the land in a oil � ^. South t9ellfleet in the county of 1;urnstable and Commonwealth aforesaid � ' 4 2a, f. 2 A -A6&Wa2%-1:�-111-1 532 F I- Grafton Howes Alvin H. Greenleaf (LS) Corrii-Honwealth of 1.1assachusetts Barnstable 33. Dennis, I.Tay 10, 1920. Then tally appeared the per,r,u above-named Alvin H. Greenleaf and acl:n edged the A foregoing instru- Lnent to be his free act and deed efore me I I G Grafton Ilowes justice of the Peace M Ity Y cotmitis'ion expires Aug. 4, 1934. Barnstable, ss. Received 1.Iay 11, 1928 and is recorded. --------------------------------------------------------------------------- latow all J.reri by these presents that the Back Bay Co-operative Bank, the mortgagee named in a a ain mortgage given by James y. Gill dated June 7, A.D. 1927- a recorded j. with Barnstable Deeds, Book 443 page 421 hereby aclq vled-es that it has received full payment and satisfaction of e same, and in consid- Jeration thereof it hereby cancels and di large's said mortgage. In x laitness whereof the said Back Bay c operative Bank has oauied its corporate seal to be hereunto fixed and these presents to be signed Asst. �by Elsie R. Duffill its Tr asurer, this 7th day Of February A.D. 1928. Corporate Sea! (Back Bay Co-operative Bank (LS) by Elsie R. Duffill Asst. Treasurer Commonwealth of 1,-,assachusetts Suffolk ss. February 7 A.D. 1928 Then personally appeared the above llw=n Elsie H. Duffill, Asst. Treasurer, and acknowledged the foregoing instrument to be the free act and deed of the Back Bay Co-operative Bank before me:— Augustus F. Crowley justice of the Peace Barnstable,ss. Iteoeived 1,,ay 11, 1928 and is recorded,. - ---------------------------------1-7 --------------------------- - Augustus F. Crowley holder of a mortgage Prom James y. Gill me dated �Puile 7 1927 recorded with Barnstable County�Registry Deeds Book 450, �Page 75 acknowledge satisfaction of the same ness my hand and seal Ithis 9th day of 1..*ay 19 Augustus 'p. Crowley (LS) Commo vealth of 1,,Iassachusetts Suffolk ss�. J.my 28 Then personally app.eal!ed the above-named -8 1 wl AIL--Ustus F - Owle'y and ack'noviledeed the foregoing instrument to be his free act and deed before Lae Charles Vt. Chandler Justice of the peace Mr cOnuission expires —19— Barnstable, 33. Received 1,.Iay 11, 1928 and is recorded. --------------------------------------------------------------------------- I, Charles 01ITeil of Boston, Suffolk County, �;jAssdollusatt a being Married, for consideration paid' grant to Roselth 10aapp Breed of Boston, Suffolk County, 1.:assachusetts laith warranty covenants.. the land in Cotuit, Barnstable township, I-'assachusetts being lots seven, 07) and fourte.all (14) in a parcel of land designated as Bayview Park, COtuit, Mass. and recorded in Barn-stable Deeds, Plan Book 19 Page 39 I lk u vote to construct of sand and 1 " `rd o �� sfons of earlier laws, the Board of Jasphalt or otherwise Improve the all areas not Included In Non-Rest. II p Health may require the owner or road leading from the unction of I deuce Districts. j occupant of an estate which the roads near the Congregational drains Into a private drain in a Church In West £arnstable, West. public or private way to put such Section•2. Except as hereinaf- erly,and Northerly to a point on drain in good repair and condition. ter provided, no parcel of land ly- the State Highway near the real- It he Pails to comply with said or- Ing In any Residence District and dence of Benjamin Blossom and der within ten days after notice not at the time this By-Law be. ; raise and appropriate or issue Its thereof, he shall be punished by a comes effective devoted to any notes, bonds or script for a sum of line of not more than twenty dol- business or Industry, other than money not to exceed Ten Thous. lars ($20.00) for every day during i those specified In Section 1, shall and Dollars ($10,000.00) for-the pur- which such failure continues. hereafter be used for any business pose or to take any action in rela• ot• industry, or for any purpose ex- tion thereto and to act fully there. I Article 30. To see if the Town: cept for residence or purposes of m. will vote to raise and appropriate, buildings appurtenant thereto, or Article 23. To see it the Town a sum of money for the cultivation, for churches, schools and similar; will raise and appropriate a sum of i fishPro, authorize the on and i Selectmenon of buildings,boil Iln roet!n lttcor non-industrial coney not exceeding Five Thous g permit shall be and Dollars exceeding for the hard-I to declare from time to time-a Issued foi• the erection, alteratiol► aning, macadamizing or the making closed season for shell fish in ac- or conversion of any building for g ; cordance with the provisions of; or to any such prohibited use up- ! )f specific repairs on the Town General Laws, Chapter 130, See.' on any such parts➢, except as here- •+ay in Hyaunisport called tion 143,or to take any action in re-! inafter provided. ,'Squaw's Island Road." (Petition lation thereto and to act fully f Ernest S. Bradford et al.). thereon. ! Section 3. A permit may be 'is- Article 24. To see it fife Town. Articl 31. To' see if the Town sued for the erection in any Resi-l will raise and appropriate a sum will vote to raise and appropriate dence p s east of aof n n. a building for i the purp of money not to exceed Fifteen . Thirty-Five Thousand DollarsI pose y business or In i Hundred Dollars ($1500.00) for the ($35,000.00) and issue its notes, I dustry or for the alteration of con- purpose of reconstructing a piece bonds or script for One Hundred version of a building r such Df e of Town Highway known as en.I and Ninety-Thousand Dollars ($190, tract for or h such purpose, it the trance to Craigville, or to take any 000.00) for the ling, shall, after public hear- action in relation thereto and to Purpose of con- ing, so order, as hereinafter strutting and equipping an adds• vided. pro- act fully thereon. tion to the present High School, to- Article 25. To see if the Town gether with the necessary renova= Section 4. No permit shall be will vote to raise and appropriate ' tions, or otherwise to house Grades granted under the foregoing sec. h or issue Its notes, bonds or script 7 to 12, inclusive and the Treasur- tion except after a public hearing for the sum of Sixty Thousand er, with the approval of the Sel. before the Selectmen, as hereinbe- )ollars ($60,000.00) as recent. ' ectmen, Is hereby authorized to Is. fore Provided. Notice of said hear- mended by the Road Committee to sue notes or bonds therefor, pay- ling shall be given by publication he expended approximately as fol• able within twenty years, or to of the time and place thereof in a lows: 1. Sealcoatin take any action in relation thereto local newspaper not less than two g $3,500.00; 2. . I Scudder Avenue or Makepeace and to act fully thereon. (Request- weeks before said hearing, the ex- 'arm Road, Hyannis-$12,000.00; I ed by the School Committee, Fi- i pence of such publication to be 3. Sandy Street, West Barnstable- nance Committee, and the Plan. :borne by the petitioner. After $6,000.00; 4. Newtown Road, Mar. I ning Board, acting as a Joint Com- such hearing the Selectmen shall sfons Mills-$6000.00; 6. Wash- mlttee). render a decision In writing, stating Ington Avenue, Hyannisport- the decision and the reasons ! Article 32. To See if the Town i $5000.00; 6. North Street, Hyan- I will rote to appoint a Committee I therefor, and file the decision with nis,-$4500.00; 7. Rush the Town Clerk to consist of the members of the and send a copy Road,' 06tuit-$5 y Marsh 000.00, 8. Ceme- School Committee, two members cf j I thereof to the applicant. tery Road, Osterville-$2000.00; 9.J I'the Finance Committee and two (Race Lane-$10,000.00; 10. Mill members of the Planning Board to owner 6. The general agent or wner who commits any violation Way, Barn stab le-$3000.00; 11.I be selected by fife Chairman of I of the law shall be liable to a fine - - - the Respective Committees with. not exceeding Twenty Dollars Phinney's Lane, Centerville-I full power to carry out the vote on ($20.00).. Each day that the viola. $3000.00, or to take any action in the foregoing article or to take any ' tion exists shall constitute a sep- t relation thereto and to act fully action In relation thereto, or to act arate offense. thereon. (Recommendation of the I fully thereon. (Requested by the Road Committee). School Committed, Finance Com- Article 37. To see if the Town I mittee and the Planning Board, I will vote to accept the provisions Article 26. To see it the Town I acting as a Joint Committee). _ I of Sections 4 to 12 inclusive of will vote to raise and appropriate Article 33. To see if the Town Chapter 143 of the General Laws, or issue its notes, bonds or script will vote to raise and appropriate !viz:- for a sum not to exceed Two Thous.I a sum of money not to exceed Section 4. In a town which ae a anti Dollars ($3000.00)• for drain. Twelve Thousand Dollars ($12,000. cepts this and the following sec-: ing and otherwise improving a 00) for the purpose of carrying out i tion or has accepted correspond- road leading from Main Street In the orders of the County Commis' Ing provisions of earlier laws, no )the village of Hyannis, from a sioners regarding the construction ; dwelling house or other structure point near the residence of C. ller. of roads, fences, and bridges, to act ; more than eight feet in length or j y t Eldredge, Southerly and East- fully thereon or to take any neceh- _ breadth and seven Peet in height, erly to Bay View Street, or take sarY action (n relation thereto.; except detached houses or strut• any action in relation thereto and (Petition of L. M. Crocker, Survey- to [ores situated more than one hun- act fully thereon. (Petition of or of Highways). dyed feet from any other building t �\illiam F. Cove, et al). Article 34. To see it the Town I ,and wooden structures erected on Article 27. To see if the Town will vote to raise and appropriate wooden wharves, shall be built will raise and appropriate a sum of I or issue its notes, bonds or script within such limits as the town money for the purpose of construct- for a sum not to exceed Seven+ may Prom time to time prescribe, ' t Ing a sidewalk' on the North side Thousand Dollars ($7000.00) for the unless made of and covered with 'of the State Highway near Jones's purpo•e of constructing a garage ; an incombustible material, or un- corner, so-called, in West Barn. or storage shed for the Highway i less a license is granted therefor' stable and to take any necessary; Department; or to take any action' by the Selectmen for public good action in relation thereto and to I in relation thereto and to act fully° or necessity and recorded In the, act fully thereon. (Petition of thereon. (Petition of L. M. Crack."' town records. Martin Wlrtanen et als). I. er, Surveyor of Highways). Section 6. A building or strut- Article 28. To see if the Town Article 35. To see if the Town ture erected in violation of the' Will vote to appoint a committee I will vote to raise and appropriate Preceding section shall be deemed. of fifteen, three from Hyannis and ; the sum of Two Thousand Six Hun- a common nuisance without other two from earth of the other pre-i dred and Fifty-three Dollars and proof thereof than proof of its un- cincts, with authority to draft and' Ninety-two Cents ($2653.92) for the iswful cunstracteoz and use; and� itrol, submit to the voters a plan or purpose of paying the bill con- the Selectmen may abate and re. plans oI i eorranizntton of the P.-:;;- trar.'eu by tht ':OF u fur the hatcVL_ move it inthe cams manner 1n agement of the Town of Barnstable; I 'ng of the new Weat Barnstable• which Boards of Health may re- ttnder some form of central con•! Hyannis Road to act fully thereon move nuisances under sections 123 to the end that the expense of or to take any necessary action.; 'to 125 inclusive of Chapter 111. I'Town government may be lowered ! (?etition of L. M. Crocker, Survey- Section 6. In a city or town and the 'form of.Town government or of Highways), 'which accepts this and the six foe- may be bettered, and to present to !the Voters of the Town such plan � Article 36. To see what action -lowing sections or has accepted' i or plans at a special meeting call. the Town will take in relation to' corresponding provisions of earli- ed for that purpose. The form as ndnption of the following pro• er laws, the superintendent of pub• then revised shall be submitted to 'posed By-Law, viz: lie buildings or such other person the consideration of the Leglsla- Section 1. The Town o as the mayor of such city or the!f Earn. Selectmen of such town may desig- ture and, it acceptable to said Leg-I Stable is hereby divided into dis. nate shall be Inspector of build. islature, either by general or spec- tricts to be known respectively as Angs, and immediately upon being lal acts, be submitted to the Town. n,)n•residence;. districts and rest- !informed by report or otherwise -for acceptan" at the next regular! dence district§, as follows: Non. !that a building or other structure election, and to take any action In;; Residence Districts Shall relation .comprise i or anything attached to or connect- thereto and act fully' all lands which at the time this By- f ed therewith in that city or town thereon. (Petition of Roscoe W.: Law becomes effective are used for is dangerous to life or limb shall in- I Hamblin et als), any business or••;industry other I spect the same; and if it appears! Article 29. To see i[ the Town :than.farming, truck.gardening,'the to him to be dangerous he shall! 1 will vote to accept the provisions growl ng*of.trees,-abrubs„vines or (forthwith in writing notify the of General Laws, Chapter 83, Sec-: !plants, and the raising of'-animals: owner, agent or any person having Ition 12, namely:-If a city council I Residence Districts shall eompriae I an interest therein to remove it or or a Town accepts this section or. make it safe. if it nnnanra that r Article .28. Indefinitely postponed. Article 29. Tabled. Article 30. Indefinitely postponed. Article 31. The report of the Committee was read and accepted. A motion to raise $295,000.00 of .whioh $35,000.00 was to be raised by direct taxa- tion this year and $190,000.,00 by the issuande of notes was not carried as a two-thirds vote was necessary. Yes 228 No 176 It was then voted to raise and appropriate Thirty-five Thousand Dollars . ($35,000.00) and issue notes, bonds or script of the Town for One Hundred and Forty Thousand Dollars. ($140,000.00) for the purpose of constructing and equipping an addition to the present High School, together with the necessary renovations, or otherwise to house Grades 7 to 12 inclusive, and the Treasurer, with the approval of the Select- men, is hereby authorized to issue notes or bonds therefor, payable i within twenty years. Yes - 376 No - 4 Article. 32. It was voted that the Chair appoint a Committee of seven to retire and bring in names for a Building Committee of five. The Chair appointed the following Committee: [ Charles W. Megathlin G: Webster Hallett j John D. W. Bo df i sh Charles E. Doubtf ire Burle igh .Savery S. Fremont Crocker ` Andrew Kerr They returned. the following who were elected a Building Committee:. Charles-E. Doubtfire Stuart Scudder Andrew Kerr James F. McLaughlin Zebina H.` Jenkins i Article 33: Voted to raise and appropriate the sum of $12,000.00 for these purposes. Article 34. I Was not oarried. Ar+iole 35. E � 1 d ' Voted to raise and appropriate the sum of $2653.92 for `this purpose. .Article 360' This article was adopted, then it was voted that it be reconsidered. A motion that it be indefinitely postponed was voted down after which the article was adopted. Yes. 164 , No,.74 Article 37. Voted to accept the provisions of . Sections 4 to 12 inclusive of Chapter 143 of the General Laws. •` � Rio p � �' ' Pe go... "Puts I e nee b To i p ermltec9titibld.' eimesy Eve !n c aD p� hs 18 eii i MAY =- 3 quire�,enohltlt!ormstfogr� mzythe EntortslambAts- o'Aakblany so• Fr• rt sspplicant fof'much permlt;no.pe.ra TNF t 11on thereto and-to-nct.fu0l tber irk av r<" ing.:the prop6eed.ereotfonot! aiteN '.:P"zr ,;{ o" (Hoards of,Selectmen:) t. stfon,s.. the deg '•;'> ,�+,•.. �' , „ . V t: Y n1 proper the yi . 4 • Nit a 7 To see`ff.PtheA prevention:ot,fire.-And,thq'preser- it voter; amend TArt CW-10,o vatfon*of,11it,_healthyand.morals. '�r it�i ; ,tthe;by-lain,of the:.Towu bj4ttrjk ,,; Segtioa;8 My:vlplstfon of Bea` •h� + 4• ki ;ingyout,.Beotloioa�rand>.8ecdoa,,8 j;ifou,l:ot thIi By-1 aw ehsU-,b@,puA•'t ARaST • s, :�and;�lnserting fa�Dlace:thereof,-the -T ished�by a fine-.not'exceeding'Oae; MAelL o ='followln a r' Bi, o;ae,to.read'. Lollowe: +`Hundred Dollars g 00` i639 ;' , 'The.Town'ofI°Batnetable?fe.here� 'o• r. 2 6 r wn, •'? t ♦ '-k ` "by divided into:districts,.eubject to `j�wlll vote to"i�equeet:the.'Selectmeu p MpY�' st the provislons;Rherefnafter stated 'I to adopt a system of assessing bet.'% ':I '-to;De,known;�reepect)vely,;fie•;nbu torments for,.construction of side.? .`e? % "� �,•, residence,dfetriote;;.and residence .walks in'accord with the.Drovieloa; `� s hwealth of MassaohWjT as ...follows:Via,Non•re6 !. of Sections.25:to ,28� Inclusive of � A jk- $dIstrIctsj, deuce:'Dii,tricts subject;'��� ,, o h to;.change ;i Chapter 83'of ihe;.General..ljawe. a ', tabl .V cy :+ ten. ;as ereinafter provided,',shall com- :and:,!:.amendments �thereto,,;-' act'a;r � t tprise all lands which at the;time full�'_thereon or to'.take any neces•�I , ;To.'either of the 'Conetablee'.of•tha; '�this By lam,becomes effective are earT.actlon in relation thereto.- Re•' i ti' Town of Barnstable in the Conn.; t - weed for any.business or Industry quest of Surveyor of Highways. b : ff of Barnstable Greeting. Tr•i..34 :other than farming,.track garden. Article 10..;,To see If the Towq,'; ' .In 'the:•:name•.of The.•.Commolll!i ;jIng, the growing of;.tress,• shrubs, will vote`,to;.;facrease.the .number :' wealth of:Massachusetts; you are; vinee or:plants, and,the raising of of members of School Committee ::, hereby;directed to notffy:and warn animals.. Reef deuce;Distrfcts, sub. from three to five, and:to elect by ;; `' i. ;.the inhabitants W.said Town,.qual- jest to change as herefnafter,pro• " ballot .at the. neat annual, TowaV-c `: :�• "t` .'. filed..to votes in„elections ,'and fn Etvlded, 'shall comprfee.all areas Doi.` meeting, q 1 '° ' '' •�:..'one!a additional member Town:alLairs;s toM1.meet,at.,the„Hye ;,Included in Non-residence Die• for 'three years and one additional `.annfs, Theatre, Hyannis fin.mid; jtricts. Subject to the- provision member for two years. Petition of F.Town'of Barnstable on .•. .' , 1 t,herelnaftef stated, no parcel of Gail H. Backus et ale,•� FRIDAY, THE •FOURTEENTH! Iand lying in any Residence Die- Article 11. To see if tiie'TowA DAY.'OF.DUNE•NEXT trio and not at the time this By ,, ' `� I'Law becomes effective devoted to will vote. to request the School at 7:46 o'clock 1n.:the afternoon, any business or Indust to to retain;the present ' then and there to act on the fol• Industry, other Superintendent of Schools and the ' than those hereinbefore specified present Su i lowing articles: shall hereafter be used for any Supervisor of Secondary Article 1. To elect':a Modera- business or industry, Education. Request of Collen C. or for any• Campbell et ale. for to preside at said meeting. purpose except for residence or r Article 2. . To see 1f the Town purposes of buildings, appurtenant: Article 12. To:see if the Town r' will vote to raise and appropriate ;'thereto. or for churches, schools will vote to have transferred the I'a sum of money not exceeding Six• control of the School House and and similar. non-commercial or ; grounds in Santuit from the Sel. .'teen Thousand Dollars (=18,000) for the purpose of carrying out the non-fnduetrfal l buildings, and no ; ectmen to the School Committee State requirements In repairing, permit shall be issued for the erec-! for use for school purposes or take the Oee ire School Building, or tion, alteration or conversion of any'action in relation thereto and any building for or to any such'., act fully thereon. Request of I'take any action in relation there-I prohibited use upon any such par-:I School Committee, q ,'to, and act fully thereon. (By re-: cel, except as hereinafter provlded: Article 18. To see,1[ the Town quest of the School Committee.) A permit may be issued for thee, Article 8..r.To see it the Town' ; will vote to accept sections 21 to erection in any residence district, 26 inclusive of Chapter 406 of the 11 vote to.rates and appropriate; of a building for' the purpose oft General Laws, an act to permit e,sum of money not exceeding. any business or industry or for the certain ,sports and games on the Twenty-Two Hundred Dollars, alteration or conversion of a build- Lord's Day. Petition of J. R. ($2200.00) for an underground tele-, ing in such district for or to such Dodge et als..phone and electric service to the; purposes, It the Selectmen shall - High School group of buildings at; after public hearing so order, pro- And you are directed to'`eerve :1 Hyannis, and construct a trans• vided that no such permit shall be, this Warrant, by posting up,at•': former room in the new-addition granted except upon written ap-i �tested copies thereof at each and I or take any action I j relation plicatfon and after a public hear- thereto and act fully thereon. (By; Ing of parties interested and con-; every Post Office and by publish- ; -ing the same in the Barnstable Pa. request of the School.Committee.)j sideration of their evidence by trlot, a newspaper published in Article 4. To see If the Town' the Selectmen; notice of. said said Town,'seven days at least be- `will vote to"' aloe and appropriate hearing being given by publication fore the time of holding said meet- :a , sum of ..money not exceeding I of the time and place thereof In a:; ing. iEight Thousand Dollars (;8000.00) local newspaper not lose than two.•: HEREOF�Pkt-*NOT, and make . for the purpose of.,installing a. weeks before said hearing, the ex-i due return-:-of 'this Warrant, with beating 'and ventilating system in Renee of such publication to be`.; your doingi•.thereon. to the Town '•, the Iyanough School and connect.. borne ':by. • the petitioner.- After Clerk, at the time and place of ing the same with the High' such hearing the Selectmen shall meeting, as aforesaid. ,,,School Bufldfng,.'or take any ac render a decision in writing, stat- Given under our hands'this 4tli'': tfon in.relation.thereto and to act; ing the decision. and the.reasons day of June 1n the year of our Lord.y< s fully thereon. (By request;.'.of they therefor and file the decision with • one thousand nine hundred and ;.School .Committee)b C, �`, -. the Town Clerk and send a copy twenty-nine. . zj .Article 5.�To;fee t the '1'o thereof to:.the;applicant.. ,.y,� l3OWARD N"P Ill .votef to'rafee and approprfate! t'�Article 8 , To see., if the :Town , ^,+ , 'C` Z , � (WILLIAM`LOVELL the sum, ot�;i174;00 to pay land: will,vote to; adopt ,the following „ r- ,�r •` smagee l in;=connectfon'rr.wf . the; By-Law.namely. t--;�., SelActmea�of Town.'of Barastable:j,' c�a tl :;" • v r ` A 4 true coDyk Attest:.•..> ti �F i constractfoU.,of�the�;8tatesHlgh• Section, 1 Oats pnd attei7 the ; A*U the North°.County.,Road. or:� `date,when::this i•�yLsrt*b{becomes' � EVERETT L. k0jft x'- takMshy action are to to:act:, -effective, a"permit;Issued by the ` ' =` w k�ullptl}eregn. u, �.n Selectmen shall_ be re nir for :Constable. Barn table 'se. .. •' . .June 14 •1939'374 Pur87iant to:-the Within Warrant"*I ;have 'not itied�;a ,habi'tants ofthe {Town of Barnstable by .mostli:g *�>✓ ..attested oo' les '.of the �£ Isame At gaon .a0)et" Off!i'n ant .e a 3A3 �r. the $?ri 3# al g •• , Ems, Patriot seven,.days.before the datehereof' Ai. within direoted. •'fit��' ��•- '>�y � �' �' ,1, .ti �.s Barnstdble,4unex'14 'R Vale ilZ-5 �' �:d� .. �i, Y. S r� , a � ,�• ��ryf .+.�r 7 .J '�.7, 1 th.y , c •y.j J �n. ^! C Zmj:U.,•r e� &.•. t 4 t y fit/ F, e :�Y.•','.. .. o '� ,�,b 'F•s Y;:?�^'' .i.`�,,.tiJ ../' 1`.;,/�i� "t' : i�", .q�a;;+r.lf.'�Q'V p:S,.l � ��'F ,T' �`�,q�'� %A, ;true':copy.oY the a;lfarralit sndg t n�t arson �- ,l�r T/_3 It'; n ..})J-ti,, t� • t, U�.Y4: 4L, ,f y e'17 1 14 t.j yl �/r9�rY Town Olerk., „e 'In accordance With 'the foregol i* Warrant a Special:Town Meeting of ; the Town of Barnstable was held. at the Hyannis Theatre on Friday,. June 40-.-19290, This was the largest/To*n Meeting that has ever been held in h� fir Tn•n^ OTnn� .� 1 ti S 1 OIL The meeting was-oalled to' orae''r*' the Town' Olerk at ?:45' P. M. and the warrant read. Article 1. It was voted that one ballot be oast for Dr. Edward 0. Hinckley as Moderator which was done and he was declared elected and sworn by the Clerk. 5 Tne following tellers were appointed and sworn by the Moderator: Herbert A. Smith S. Fremont Crocker Walter B. Ohase A. Ernest Nickerson Paul M. Swift Fred S. S. Dill Onarles E. Doubtf ire Joan V. O'Neil James F. Kenney F. Burton Buck William Do Ourrier Howard Q. Lumbert Ciinton F. ' Hallett P. A. Kisser Frederic F;; Soudder Article 2. It was voted to .raise and appropriate the sum of $16000.UU for these purposes. Article 3. Voted to raise and appropriate the sum of 0220U.UU for the pur- pose mentioned in this articAe. Article 4. It was voted to raise and appropriate the sum of $8000.00 for this purpose. Article 5. It was voted to raise and appropriate the sum of $V4.0U for the purpose mentioned in this article. Article 6. A motion. that this article be adopted was voted down, the vote being Yes - 374 and No - 391. Article 7. A motion that this aTtiole be laid on the table until the next annual town meeting was afterwards withdrawn and after considerable discussion the by-law weds adopted. (Unanimous) Article 8. It was voted to adopt this By-law. . (Unanimous) Article 9. It',was-:16ted .that the Soleotmen be so requested. . NLv .,� ..c i d e....ni�P y postponed was voted zoIW4.On thatV down, the vote being Yes - 416 and No 467. ,It was then voted that tht town increase the number of members'. ::`;, . of the Sohool Oommittee from three to five and to elect by ballot at `. the next annual .Town Meeting, one .additional member for three years, and. one additional member for two years. 4% ..<.: Article. 11. It was voted that this- article be. adopted. Yes - 439 - - No - 3U9, 1 Artiole 12. Voted that this article be adopted. L /,. ... ... ,. .. .+yy.�y.�w.. %*-,UVV-VVJ LUL LUtt 1)Ul'y09e the sum $861.67 to take UI gl'$d•care of the ing and improving the new park I �P y overdraft on the West Barnstable- at the foot of Ocean street, Hyan- 1 Hyannis Road in 1926, or to take nis, or to take any action in rela-any action.in relation thereto and tion thereto and to act fully there- _ ti to act fully thereon. on. (By request of the Park Com- B AH89TABL • Article 14. To see it the Town mission). B, o will vote to raise and appropriate Article 28. To see if the Town 'gyp M�8• O� or issue its notes, bonds or script will raise and appropriate I O 1639. �� for the sum of Seventy-five Thous- Thousand Dollars ( 2,00 Two and Dollars ($76,000.00) as recom- the ($uito er) for; 'Fp Mpg( Ar� purposb of mosquito eradiea-' •� mended by the Road Committee, to tion work, to be directed by a com•: v be expended approximately as fol- mittee of five to be named by the! Iowa: 1. Sealcoating, $5,00.00; 2. Moderator, or to take any action; ANNUAL Bridge street, Osterville, $8,000.00; in relation thereto and to act fully;'.' 3. Hyannis and'Weat Barnstable thereon. (By request of A. P. Goff,'�' TOWN MEETING Road, $10,000.00; 4. Bay View County Health Officer.). street, Hyannis, $4,500.00; 5. Camp street, Hyannis, $6,000.00; 6. Dan- Article 29. To see if the Town' WARRANT let's xlll, oaterville, will vote to appoint a committee of Newton Road, $5,000:0; 8. Litt a three to procure a survey and and I The Commonwealth of Massachu• River Road, Cotuft, $2,500.00; g mate coat of a sewage system and setts Mlfl Way, Barnstable, $2,000.00; 10. disposal plant for the village of Barnstable, as. Makepeace Farm Road, $15,000.00; Hyannis and appropriate Twenty- To either of the Constables of the 11. Sandy Street, West Barnstable, five Hundred Dollars ($2,600.00) ! Town of Barnstable in the Coun- $8,500.00; 12. Race Lane, $1,600.00; for the same or take any action in ty of Barnstable, Greeting. 13. Long Beach Road, Centerville, relation thereto and to act fully, $5,600.00, or to take any action in thereon. (By request Of the Board In the name of The Common. relation thereto and to act fully of Health). wealth of Massachusetts, you are thereon. Article 80. To see if the hereby directed to notify and warn will vote to raise and uali- Article 16. To see-if the Town pproprlste•,� the inhabitants of said Town q will indemnify the Commonwealth a sum of money not to exceed' ' fled to vote in elections and in of Massachusetts against any and Three Thousand Dollars ($3,000.00) ' Town affairs, to meet at the sever- all claims for land as provided in Chapter 382 Section al precints in said Barnstable on .grade and drain- p . age damages which may be caused 1 of the Acts of 1924, and appoint Monday, the seventh day of March by or result from the laying out, a Committee to have charge of the: next, at 6:45 o'clock in the fore alternation, construction or recon- same, or to take any action in re- noon, then and there to vote for struction of the State Highway lation thereto and to act fully the following officers. The polls known as North County Road in thereon. (By request of Edward S. shall close at 1 o'clock P. M. Barnstable, or any section or relo- Crocker, et'al.). LIST OF POLLING PLACES cation thereof, and will authorize Article 31. To see if the Town the Board of Selectmen to sign will.raise and appropriate a sum.of Precinct No. 1. Village Hall, an indemnity agreement therefor money not exceeding Fifteen Hun. Barnstable. in behalf of the Town, or take any dred and thirty-seven Dollars Precinct No. 2. Selectmen's Of other action with respect thereto. ($1,537.00) to pay for land damages fice, West Barnstable. Article 16. To see if the Town caused by taking by County Com-1 Precinct No. 3. Woman's Club, will vote to raise and appropriate missfoners of land for Cemetery Hyannis. or issue its notes, bonds or script purposes in the Village of Hyannis, Precinct No. 4. Howard Hall, for a sum not to exceed Twenty- or to take any action in relation Centerville. five Hundred, Dollars ($2,500.00) thereto and act fully thereon. for the purpose of grading and pav- Article 32. To see if the Town; Precinct No. 5. Union Hall, Os- ing School street from Bay street .will vote to raise and appropriate' terville. to the shore in the village of Hy- the sum of Twelve Thousand Dol•: Precinct No. 6. Village Hall, annis, or to take any action in re- lars (12,000.00) for the use of the Marstons Mills. lation thereto and to act fully Planning Board, or to take any ac- Precinct No. 7. Freedom Hall, thereon. (By request of John E. tion in relation thereto and:•to•act Cotuft. Hinckley et al). fully thereon. Article 17. To see If the Town Article 33. To see if the Town Article 1. Moderator for subse- will vote to construct of sand and will authorize the Planning Board quent meeting; One Selectman for asphalt or otherwise improve the to submit a code of Building Laws 11 three years; One Assessor for road leading from the junction of for the Town of Barnstable, or take i, three years; One Overseer of the the roads near the Congregational any action in relation thereto and c Poor for three years; One Auditor Church in West Barnstable West- act fully thereon. for one year; One School Commit- erly and Northerly to a point on Article 34. To see it the Town t tee for three years; One member the State Highway near the resi- will vote to use the Surplus War of the Board of Health for three dence of Benjamin Blossom and Bonus Fund to apply towards al years; One Tree Warden for one raise and appropriate or issue its Memorial feature in connection year; One.Park Commissioner for notes, bonds or script for a sum of with the New Town Office and three years; Members of the Plan- money not to exceed Ten Thous- grounds or to take any,actfon in re ning Board, one for one year, one and Dollars ($10,000.00) for that lation thereto and to act fully; for two years, one for three years, purpose or to take any action in thereon. two for four years and two for five relation thereto and act fully there- Article 35. To see if the Town.! years; and to elect any other offi- on. (By request f6 Harold C. will vote to authorize the Select-! 4 cers whose names may be on the Weekes, et al.). men to sell a certain parcel of land! ! official ballot. located in the village of Hyannis l Article 18. To see if the Town adjoining the Land now owned by The subsequent meeting will be will vote to raise and appropriate !! held at the Hyannis Theatre, Hyan- or issue Its notes, bonds or script Fraternal Lodge, -A. F. & A. M.,I nis, on Tuesday, March 8, 1927, at for the sum of Four Thousand said parcel being about 18 inches' nine o'clock A. M. Five Hundred Dollars ($4,500.00) 'wide on Main street and extending' the purpose of rebuildin back about one hundred (100) feet for ^Article 2. To elect all othee g to a point, or to take any action in necessary town officers for the en. North street in the village of Hy- relation thereto and act fully there- g year. annis, between Ocean street and Article 3. To hear and act upon Winter street; or take any action on. Article 36. To nee iP the Town the reports of the various town ofif- in relation thereto and act fully cerg, also to hear the report of any thereon. (By request of Mary. T. will vote to repeal Section 1 of Riddle, et al.). Article 3 of the By-laws relative Committees, and to take any action !; in relation thereto and to act fully Article 19. To see. if the Town to the time of meeting of the Se•' thereon. lectmen. will vote to build an asphalt road Article 37. To see it the Town Article 4. To receive and act un monument avenue hi the vil- will vote to repeal Section 1 of Ar- upon the accounts of all persons to Iage of Centerville, from the Sold- whom the town is indebted. fers' Monument to or near the real- title 4 of the By-laws relative to Article 5. To see what sums of dences of 1-Mrs. Ac!;usta Me?gg� or the compensation of the Tax Col- money the Town will vote to raise Emil Ryberg,. or take any action ieutor. and appropriate for the following in relation thereto and to act fully Article 38. . To see if the Town purposes for the ensuing year: thereon. (By request Of James M. will vote to repeal Section 3 of Ar-i Payment of Debt; Interest; Finan- Halliman, et al.). title 5 of the By-laws relative to cial Department; Town Clerk and Article 20. To see it the Town any person behaving in a rude, in-' Treasurer's Department; Select- will vote to rescind the vote pass- decent or disorderly manner. j men's Department; Tax Collector's ed at the last Annual Town Meet- Article 39. To see if the Town i Department; Assessors' Depart. ing whereby it was voted that the will vote to repeal Article 9 of th@@' went; Election Department; Muni- amount appropriated for`. the re- By-laws.relative to traffic rules. cipal Buildings; Legal Depart- building 'of Race Lane ($ 500.00) Article 40. To see what action, ' ment; Moth Department; Tree should not be used unless the Com- if any, the Town will take in ref- Warden Department; Clam War- monwealth of Massachusetts con. erence to appointing a committee den Department; Inspection of tributed a like amount and that the of nine, three of which shall be Wires; Sealing of Weights and above amount be used for rebuild. members of the School Committee, Measures; Fires; Police Depart- ing Race Lane this year, or take to investigate the advisability of, �i ment; Health Department; Sanita- any' action in relation thereto and erecting a new Junior High School tion; ,Repairs on Roads and act fully thereon. (By request of on the present High School "• Bridges; Snow and Ice Removal; S. Fremont Crocker, et al.). Grounds at Hyannis, said commit- Sidewalks; Mothers' Aid; Support Article 21. To see it the Town tee to report.its findings at some of Poor; State Aid; Soldiers' Re- Will vote to raise and appropriate special or the next annual town list; School Department; Reserve the sum of Nine: .Thousand Five meeting, and that the sum of Five t� Fund; Park Commission; Vnclassf- Hundred Dollars ($9,500.00) for the Hundred Dollars ($500.00) be ap- d Expenses; Cemeteries; Rent purpose of building the uncom- propriated for said purpose,, or to i 1 x G. A.-R.; Expenses of the Fi- ntornr7 rnaA n�,r.,. -l. • --_ .._ takes Anv aetinn in rMAtinn there- 1 \ I Article 48. To see ii the Town VVV I will vote to adopt the following By-Law and take any action in re- lation thereto and act fully there- on: Bylaw. Section 1. Non-resi- dence districts comprise: (1) All premises which at the time this by- law goes Into effect are used for any business or industry, lnclud-1 ing all premises between say two such uses that are not more than 100 feet, apart. The growing of • !trees, shrubs, plants or food-stuffs, the raising of animals, profession- 'or other customary home occupa- tion conducted within a place of residence, and the conduct of a !boarding or lodging house not pri- martly for transient guests, shall i not be considered to be business +uses. (2) All premises located and fronting upon any section of any street which lies between the out- er lines of two successive streets Ior ways which intercept or inter- sect said street on either side, and In which not less than one-half of the lot frontage on both sides of said street is at said time devoted :to business or industry or is man- ifestly designed to be so devoted. Section 2. Residence districts' shall comprise all areas not Includ- ed in non-residence districts. Except as/hereinbefore provided no remises lying p y g in a residence district and not at said time de- voted to any business or industry, other than those specified in Sec- tion 1, shall hereafter be used therefore and no permit shall be Issued for the erection, alteration or conversion of any building for or to such use upon any such pram- toes. Section 3. No building or struc- ture in any district shall project in front of the average alignment of all existing buildings or parts of buildings on the same side of the street and within 200 feet on both sides of the plot in question but not including buildings beyond an 1 Intercepting street. Where with- In such 200 feet there are no exist- ing.buildings or not more than one, no new building or structure shall project within 20 feet of any I street lot line. Section 4. The -general agent or owner who commits any viola- " ` tion of this law shall be liable to a fine not exceeding Twenty Dol- ]are (20.00). Each day that the violation,exists shall constitute a separate-pffense. Sectlom S. No abed%"tree,withift the building lines hereiii=;eetW �_... lisped she 11 be removed without a permit from the•Selac.maU after' hearing:when practicable. .(B� quest of the Planning"Board).' ;I Article •sit:: To see if the Towp will vote to adopt the following By-Law and take any.action In re- lation thereto.and eat fully there- on. By Law. The Fire Prevention District of tht. Town of Barnstable shall In- clude all that part of the town 1 bounded as follows: all land and 9 all portions:of land lying to the ! South of and within 150 feet of Main Street in the Village of Hyan- nis from the Yarmouth Town Line .`ts to Fawcett's Corner; and lying to. the north of and within 160 feet of Main Street from Yarmouth Line to Yarmouth Road; and lying to the north of and within 500 feet- of Main Street from Yarmouth Road to Fawcett's Corner. Section 1. No frame or wooden ,; building or structure shall here- Article 35. Indefinitely postponed. Article 36. Voted that Articles 36, 37, 38 and 39 be taken up together and that the By-Laws mentioned in these articles be repealed. Article 37. Taken up in connection with Artic'le '36. Article 38. Taken up in connection with Article 36. Article 39. T;akan up in connection with Article 366 Artiole 40. A motion that Articles 40, 42, 440 45, 46 and 47 be taken up together was voted down (Yes - 111. No - 195) after which it was voted that Article 40 be referred to a, Committee composed of the School Oommitteej the Planning Board and the Finance Committee, who shall report at . the next Annual Town Meeting. Article 41. Voted that this article be adopted and the following Committee was appointed: ►' James F. Kenney f. Frank G: Thacher Earl E. Holden • Henry Baker Gifford Hallett -Article 42. This article was referred to the following Committee- to report at the next Annual Town Meeting. School Committee Planning Board Finance Committee. Article 43. Voted that the Selectmen be -authorized to act as Overseers of the Poor. I Article 44. � . 1 Voted that Articles 44, 45, 46 and 47 be taken up together all of which were referred to the following Committee- to report at the ;next annual Town Meeting: 'School Committee Planning Board Finance Committee � f ! , Artica 45. Tak r Lip- 70 th Ai ► Article 46. ! � 'Taken up with Article 44. . 1 ) Article 41. � f Taken up with Article 44. 'Art iole- 48. It was voted to adopt this By-Lave with the exception of Sec 1 and 2. P Sections The meeting was'. then, adj our ned'.' • Attest: Town Clerk . � IArticle 6. To see what sums of Article 14. To see if the Town money the Town will vote to raise will raise and appropriate One THE TO and appropriate for the following Thousand Dollars ($1000.00) for ,�. purposes for the ensuing year: the purpose of mosquito eradica. Payment of Debt; Interest; Finan- ; tion work to be directed by a com- c �P O cial Department; Town Clerk and mittee of five to be named by the 1 Treasurer's Department; Select.: Moderator, or to take any action in a j man's Department; Tax Collector's relation thereto and to act fully BAfla9TABLS, 0 t ' Department; Assessor's Depart- thereon. (By request of the Com- J ° ment; Election Department; Muni- mittee on Mosquito Eradication K �O MA88. OJ cipal Buildings; Legal Department; Work). p 1639. Moth Department; Tree Warden Article 16. To see it the Town �� Department; Clam Warden Depart- will vote to raise and appropriate' MA`l ment; Inspection of Wires; Sealing the sum of Thirty Thousand Doi. . ' of Weights and Measures; Fires; lars ($30,000.00) for the purpose of n,� Police Department; Board of i grading and improving the new 'J ANNUAL `� Health; Sanitation; Repairs on I Roads and £ridges; Snow and Ice park at the foot of Ocean Street, 1 Removal; Sidewalks; Mothers' Hyannis, or to take any action in 'TOWN MEETING I relation thereto and to act fully Aid; Department of Public Wet- I thereon. (By request of the Park fare; State Aid; Soldiers' Relie[; School Department; Reserve Fund; Commission). J Park Commission; Unclassified Ex- Article 16. To see if the Town WARRANT j ( penses; Cemeteries; Rent for G. will vote to accept the bequest of j A. R.; Expenses of the Finance Five Hundred Dollars ($500.00) Committee and for all other Legal which was left the Town under the Commonwealth of Massachusetts Expenses. will of the late Desmond Fitzger- . Article 6. To see It the Town aid towards the purchase.of land ! Ifarnstable, as. will vote to authorize the Town in the vicinity of the Registry of To either of the Constables of the Treasurer with the approval of the Deeds in the Village of Barnstable Town of Farnstable in the Coun- Selectmen, to borrow money In an. for the purpose of preserving the ty of Barnstable, Greeting. j ticipation of the revenue of the cur- view toward the bay, said land rent financial year. when secured to be kept open as a h► the name of the Common- reservation for the benefit of the wealth of Massachusetts, you are Article 7. To see it the Town public, or take any action in rela. hereby directed to notify and will vote to authorize the Town tion thereto and to act fully there• warn the inhabitants of said Town, Treasurer, with the approval of on. ' qualified to vote in elections and the Selectmen, to borrow money on Article 17. To see if the Town In Town affairs, to meet at the sev- and after January 1st, 1929 in an- will vote to raise and appropriate ticipation of the revenue of the fi- oral precincts In said Barnstable on nancial year beginning January 1st, a sum not to exceed Five Hundred 1929. Dollars ($500.00) to be paid to the MONDAY, THE FIFTH DAY OF Cape Cod Hospital for the estab- MARCH NEXT, Article 8. To see it the Town j lishment and maintenance.-of a free will vote to authorize the Select. bed in the hospital for care and at 6:45 o'clock In the forenoon, men to apply Fifteen Thou and I treatment of persons certified by �Ithen and there to vote for the fol Dollars ($15,000.00) of the surplus I the Selectmen to be residents of lowing officers. Polls shall be clos- in the Town Treasury toward the the Town and unable to pay for ad at 2 P. \( tax levy for 1928, or take any ac:- such care and treatment, in accord. I tion in relation thereto and to act ante with Section 74, of Chapter 3 I VOTING PRECINCTS fully thereon. of the Generai Laws, or take any Article 9. To see if the Town action in relation thereto, and to Precinct No. 1. Village Hall, 1 ! Barnstable. will vote to authorize the Select- act fully thereon. (By request of I men to make such leases as in I E. F. Maher).. Prec•hict No. 2. Otis Hall, West', their opinion will be for the best Article 13. To see if the Town t Barnstable. interest of the Town and to con. I will vote to accept Section 113. j Precinct No. 3. Town Office firm all leases heretofore given. Chapter 130, relating to culti�at- ' Building, Hyannis. Article 10. To see if tile Town Ing shell fish, or to take any ac- ' will Indemnify the Commonwealth tion in relation thereto and to act Precinct No. 9. Howard Hall, y I Centerville. of Massachusetts against any and fully thereon. all claims for land, grade and Article 19. To see if the Town Precinct No. 5. Union Hall, Os- drainage damages which may be will authorize the Selectmen to ac- terville. i caused by or result from the lay- quire by purchase, right of emi- i Precinct No. 6. Village Hall,I Ing out, construction or recon- iient domain or otherwise, for Alun- Marstons Mills. struction of any State Highway in iclpal purposes, the following des- the Town during the present year, !crlbed property, viz: A certain j Cotui),Inct No. 7. Freedom Hall, and will authorize the Board of I parcel of land situated on the Selectmen to sign an indemnity !Southerly side of Main Street, in Article 1. To choosa a Alodera- agreement In behalf of the Town. 'said Hyannis, and is bounded and for for ilia •subsegtt�ant meeting; or take any action in respect there-; described as followp: Northerly One Selectman tot- three years; ! to. by eaid Main Street, about eighty One Assessor for three years; One Article 11. To see it the Town I eight (88) feet; Easterly by land Auditor for one year; One School i will raise and appropriate a sum, of the Commonwealth of Massa— l Committee for three years; One i of money for the proper obaer- chusetts, about three . hundred Collector of Taxes for three years; l vance of Memorial Day and to act (300) feet; Southerly by land of One member of the Beard of fn1ly thereon. the Commonwealth of Massachu- Health for three years; One Tree I seas about eighty-eight (88) feet; +N aropri for one year; One Parl:,' Westerly by land of the Common- Commissloner for three years; One I Article 12. Co see it the Iowa I wealth of Massachusetts and by member of the Planning Board for' will vote to raise and appropriate land of the Town of Barnstable i five years; and to elect any other j the sum of One Thousand Dollars about three hundred (300) feet. ' officers whose names may be on ($1000.00) for the purpose of buy Said land being rly owned by Ing books for the several.. Public the o Mary E. Smith.foToetake any ae- fficial ballot. Libraries In the Town and that tion in relation thereto and to act The subsequent meeting will be this amount be apportioned by a fully thereon. j held at the Hyannis Theatre, Hy-, Committee consisting of one per- 1 amnia, on Tuesday, March 6th, at son from each precinct to be nam- Article 20. To see If the Town 9:00 o'clock A. M. ed by the Moderator. (By,request�, will vote to raise or borrow and ap- j of John Bursley, et al). propriate a sum of money not to Article 2. To elect all ot.hsr ne• exceed Eleven Thousand Three cessary Town Officers for the en- Article 13. To see it the 'Town Hundred and Thirty-three Dollars' suing year, will vote to raise and.appropriate land Thirty-four Cents ($11,333.34). l Article 3. To hear and act up- a sum not to ex,eod Five Hundred ,for the purpose of acquiring the on the reports of the various Town J Dollars ($500.OJ) providing the I property described in the preced- Massachusetts Forestry Associa- Ing article, or to take any action officers, also to hear.the report of Lion will provide a like amount, the in relation thereto and to act fully any Committees, and to take any same to be used for brushing of thereon. (Petition of William action In relation thereto and to I old roads, or to take any action In I Lovell, et al.). act fully thereon. relation thereto and to act fully I Article 21. To see if the Town . Article 4. To receive and act i thereon. will elect a Director for the Cape Upon the accounts of all persons Cod Extension Service. ,to. whom the.Town is indebted. a � is Fzla�� ' . 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's� � �,• k+ ' �� ^ � �-� 'w y:•• t r '�Y r'3 <�/. .y �6 Akk} � 44 "1��1 ,'��;q p` iL',) -s < �"'.!,V t sN �+ ';1,•it,*'�' ,larw' � t r��'�r,"M'71!!. 1 I�fl�.fa v < e"1►•j•y�. „y,�.sar•.••' sr,•. ;It Is",r'+,A�w t 'tti e 1 � �. Y' .t V~.ls..}9x��=..• - •L`,\..r t y � � ...y.,•. "�,_ -`,y �^ ' r \t^ �� T�n � S ts1"'t�%' s��,Pi ,� _t - ' .,� ,,� �y ♦t' �i ,°1�.. '-�.. rya + �, ••:,. ..,_�;• v:,,, -}�/�,'yy- �t'�"�„}„f. ,�'w.�-' ,,..,_i_ -- - '�►r�• �'S �`''f.s-'..4 rAta, .�'..•. ,.H *' y'R'7•Js �, '} t i'" agc.i / ��,.s.� - .., �' ''4- _ — 7, .�+�;,��•. \.. � ,. � ,� �r r'r:`LN'';r.'Y,•. � b.'vy r•„T§e �`�i+/\' ''� - , ri.,4 .�. .<. VR2. .ec Mr.y.. ...� ,�,,,.. ♦.;YL• �e�r .ttn�'1 cr Jlt'� i t-• ,♦ 'e..,. �` �iM�1 t ./ _ o • 1. .. !, '\•� ,.,^� it �,�' •ji` Y,. �. .� ,` -ate �.rt W 5 ,.N=y t� :counterpart. ..u, 111b ��u 1, . "O-L'0,a,u wlca ua auu- r y Y. leans top job,he told the Berkshire. Patch's departure leaves Orleans; said' "'"'� ; ing he was cautious about saying ;Advocate because of possible arrr=:t, ;unexpectedly without an adminis- Patch declined to comment yes- 1;anything until,negotiations ended •rnosity'if he did'not get the job and a; i terday about the Willi r ; ' R ttrator,for at least a month; prob- Williamstown because�the'sele'ctmen'fft�►anted`an t s .He first wanted to tell his Orleans yesterday }f • Kr�r'e�.. �,,. .:Zt .tsf.' .!;:;f;•�{+�< <, y .:+, ,:.rR:; .�Yi-;;y,, ;Kf .tt`i. f 1 -,:J'Y. � rd,yhehadbeenableto �outsidecandidate ,Y i` `+• � 3 .i*„'. ' r t Ll ,: � •.. ;1:,r�.r ". ti .:t�s a�.h� i."',�':"'.`):���'�;;��:k�„�a + � House. -�, ,,' ., � �:� h � oing u ,. maHOUSE DISPUTE :Y,U,:r,•:;t- i ,.,,s^.� i }. Neighbors thehou . r F _ r , . .,d.•.. t �., ��' 9 y se at 26 Charbtte,�, .. By PAUL GAUVIN Ave.in Cotuit is being built on an fi<Tr�� �`a r'^STAFF.wRITER I. rr�•a H ` ' d ? 19809,and residents were under the impression unbuildable lot,and the home is r r �r r�` it was not buildable. incongruous with the area. COTUiT-`;Residents in the Charlotte Road = Building commissioner Ralph Crossen issued The town building commissioner a stop-work order, Jeneve Co of Kingston has halted construcdon-sa n the area may find out tonight if Barnstable officials gs , yl g have the law'on their.side and, if they do,,the!L and owner.Stephen A fWebby on July.B,'con building.perrnitwas lasued under,false� A. tending that he issued a building permit in'April ' pretenses. chutzpah to order abuilder-owner to tear down, , , a house under construction:""'" ""' "'-�^� -on the basis of a false application by Webby:.'.'• A lawyer for the owns says other�" `� J The issue will be before.the zoning board to- �jF. •Crossen contends he was led to believe on the homes in the area were built without night when it meets at 7 in'town hall.,The ses- ; application that the lot had the required 50-foot approval,and tCxis Home should not be 'sion is slated to be televised on government Ca=. frontage. He said.the application also did,not singled out.';' ble Channel 19 :' +'; `, ;note that access to the lot was questionable.'.' The zonleg board will hold a hearing on Abutter DJ.'Long has appiraled the construe`; Long alleged yesterday the builder had to ex- the dispute at 8 tonight In 8amstabletTowii t } tionof a home at 26,Charlotte Ave.he claims is tknd the length of Charlotte Avenue for access. Hall. incongruous with the area'and does not;meet, .to the lot;working without permission on prop- . `zoningcode even with erty that did"not belong to him. ' _- ash graiidfathering:He con s Crossen's contentions are countered b •- '.•_',"' mown as Bayview Park;and in that case there,„ tends the.11-acre lot is not buildable. , y may be other properties talreadyCtiiijltftlia Michelle`Long,-':also an.abutter", claims a~` ,nard Kilroy, lawyer for Webby. In a letter to should not have been: m8 p Crossen Kilro contends there never -was'a' The zoning board expects to heat'the Long, ; , build enmrt for that`lot;was denied in the y board of 'survey approvalof the development. appeal at 8 m:" ° t �,, t rs.,: .•, ^� t..,•. - . i.�.,e., "1.i•,11' :' . �..,.`.. " ". .,.w ./. 1:. p r It => t /- + ands available to erdue bills' .F� , .Dover.ov CAPE COD �, i c .� '. 'y' '' ' p � � .t �� • '�' . •;;i;:� E•,+fi;+ _ ., .:v,�'t''s'��;G•`7>t �Y+! � tTtr*�'er f7,:,�� t �lt7il TIMES r There is a limited coverage ., �..• , •i ge " and people who have received as-',, ` ! ` The'Salvation'Arin .�in Hyannis f , g has-received a limit d amount of d sistance through the FEMA pro- mone federal -to assist Ca a resi- .1,!gym this year would not qualify S . y p for the program at this time. dents with overdue rent or mort- Further information may be o tility b- 1 gage payments and past-due u tained by calling.The.Salvation bills. Army.at7.75-0364. �,- ..,.,• •-I, FIB, "' _w ,•-• ••' • .. ,} =i , "Mirror, mirror on the wall. ';wt,%�ws l•,au RM�� .1r.w ,. . ,r r».R• V tt!11'9.,' e{TT ' ' • •}" t( 1,4 i The Cosmetic Surgery Centers Exi,.Cu"nvi*q, OFF '11, 01., ` CONA NAU N111 1 `l DEVEOLOPINIEN't ' r'•�. A11(Ict':��. ililn.d'i�•,till,'tiP! Anq'�.Al�tt„ln�.`K rrrLlr July 8, 1985 ism etts Re: Chapter 40A, 5OCtioll 6,. Grandfather ProviSions Uca We are writing in response to your' letter concerning the grandfather 17rovi- sions of the Zoning Act for certain substandard lots. We offer the following eomillentS for your consideration. Challtei: 40A, Section 6. MGL, protects certain separate ownership lots from any increase to nrinitilum yard dimensions. Using tt,,c rationale established in ::irber v. Zonin Board of A pals wellfleet, 16 Mass. App. Ct• `101 (1983) . if r_.., a lut: �I7bas at le8st �� squareTert� and fifty feet of flrontaye; 2) is in an area zoned for single or two-faMily use: 3) conformed to existing zoning when legally created, If�an Y: and 4) is in separate ownership prior to the town ►llvetillfj vot^ which made the lot nonconforming, Stich lot may be built upon for Single or ttira-ratnity use provided the lot has ttlaintaillc,•d its s TO'ate identity. l f t separatc ovinershi p meets Ole above requ 1 rements, and was estab) i,hl:d before a town adopted a zoning bylaw. it is exempt froth any yard requit-CO ants and, for zoning purposes, may be built right up to Lhe lot line. If a Jut was created through the granting of r.+ variance, OIAWt• r•ul-'s 11".' • tippty, If tie ccssltry, I wpuld bC hallhy 1.0 (1(scu',s she Val'1.1nCft Very truly Yours, DuttaT i ,�. Schmidt 11�11 t':ult!,tisl;;l. <i(til Z d 8!_*!LS89L l9 dyO;O 3n3Ni3f VJOd9 HV90:6 L66 t-tC_/ TOWN OF BARNSTABLE s Zoning Board of Appeals ._LaWr.Pnre Deed duly recorded in the •87roperty Owner OCT�T _8 P3 '� 7 County Registry of Deeds in Book .....J.QII3t-h3 n_W- H i r n fi Page ,. Reglstr�• Petitioner District of the Land Court Certificate No: Book Page Appeal No. 19 • FACTS and DECISION Petitioner Jona B W. —Eix$�� filed petition on S. .P-U.M tgr .-.r 19 87 requesting a variance-permit for premises at ' Charlottg Avenue in the village • (Street) ofcotuit , adjoining premises of (see attached list) Locus under consideration: Barnstable Assessor's Map no. 1B lot no. 24_ Petition for Special Permit: Application for Variance: [2g made under Sec. G, Paragra2h _E� of the Town of Barnstable Zoning by-laws and Sec. Chapter 40A., Mass. Gen. Laws for the purpose of _.construction of a residence Locus is presently zoned in RF �- Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper .published in Town of Barnstable a copy of. which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was lield at the Town Office Building, Hyannis, Mass., at 8:00 P.M. September 24 , 1987 S� upon said petition under zoning bv- Present at the he g wort 1 e f o mbers: G�etK � Ron S. Jansson, Chai a Gaill ale -Dexter Bliss Vick rperson T.>>kA T ,I I James McGrath �- At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No 1987-80 _ page One of Three On 19 , The Board of Appeals found APPEAL-NO: -1987-80 On September 24, 1987, the Board of Appeals found as follows: The Petitioner, Johnathan W. Hirst, petitioned for a variance to construct a residential dwelling 42 ' long by 22 ' wide on Charlotte Avenue, Cotuit, at Map- 18 Lot 9.0, in an RF Zoning district. Appearing on behalf of the Petitioner was Attorney Robert J. Donahue. The lot in question consists of 5,067 feet and was purchased by a predecessor in title to the Petitioner as tax title land many years ago. The current area requirements for the Zoning district is 43,560 square feet. The Petitioner presented evidence that the lot had been in separate ownership for at least 20 years. However, Section G Subsection E requires that a non-conforming lot in order to be buildable under our Zoning By-law must contain 7500 square feet or more and a frontage. of 20 ' or more. The property is currently under purchase and sales agreement. Many of the lots in this area are undersized lots. One lot abutting locus, being slightly larger, has never been built upon. There is no sewerage in the area, and the property would 1, Clerk f the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) s ve elapsed since the Board of Appeals rendered its decision in the above entitled petition that no ppeal of said decision has been filed in the office of the Town Clerk. �C" OQ� Signed and Sealed this d o �' 19 under the pains and penalties of perjury. Distribution:-7 Property Owner Town Clerk �P��� oard of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By .Board of Appeals Chairman At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No 1987-80 Page Two of Three On 19 , The Board of Appeals found be serviced by an on-site septic systefn. Several residents of the neighborhood appeared in opposition to the petition based upon the smallness of the lot. One of the residents testified that the Petitioner' s proposed septic system would be constructed within. 125 feet of a private well. DECISION Member Luke Lally made the following findings: 1 . Locus was non-conforming but was undersized and therefore did not fall within the provisions of Section GE in that it did not have 7500 square feet or more of land; 2. The construction' of .the house as proposed by the Petitioner would be an overintensification of the use of this already undersized lot; 3. The Petitioner's relief for a variance could not be granted without substantial detriment to the public good, in view of the fact that the lot was as small as it was and compelling public reasons mandated the Town to rezone the area to an acre amongst which concerns were the ability of land not connected to the Town sewer to properly dissipate waste by-products into the ground soil without contamination of public water supplies and private wells, and therefore, the granting of such relief would be in derrogation of the intent and purpose of the Zoning By-law mandating acre-tized lots in this area. This motion was seconded by James McGrath. Board members Luke Lally, James McGrath Gail Nightingale Clerk of the Torn of Barnstable, Barnstable. County, biassachusetts, hereby certify that twenty (20 s have elapsed since the Board of Appeals rendered its decision in the above entitled petition d that no appeal of said decision has been filed in the office of the Town Clerk. OQ� P•( Signed and Sealed this 19 under the pains and penalties of perjury. 2r P Distribution:— Property Owner Town Clerk �� oard of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By Board of Appeals Chairman At the conclusion of the hearing, the Board took said petition unaer advisement. A view of the locus was made by the Board. Appeal No 1987-80 Page Three of Three On 19 ; The Board of Appeals found and Ron Jansson voted to support the motion of Mr. Lally .to deny the Petitioner his request fora variance. Board member Dexter Bliss voted against Mr. Lally's motion. The request for a variance was denied by means of a four to one vote. A TRUE COPY' . ;. , 04� TownClerk BARNSTAILE L v r✓E (,/�l,toe�,/ �j ss r� Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. ©CTdJ3f2 �� Signed and Sealed this Qom_ dad• of _ 19 under the pains and penalties of perjury. 62, 6,4- . Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By _ Board of Appeals Chair n PARTIES IN INTEREST 1987-80 JONATHAN .W. HIRST - Meeting of 9/24/87 Courtines, Alfred 162 Bowles Pk. , Springfield 01100 Demattos , Paulo V. 143 Nickerson Rd. , Cotuit 02635 Davis, Sarah B. Pine Hill Rd. , Princeton; MA 01541 Behlman, Robert S. Ruth C. ,Behlman 25 Charlotte Ave. , Cotuit Demarco, Henry P. Barbara• L. Demarco 319 Country Club Dr. , Tequesta, FL 33458 Childs , Eleanor M. c/o Ashley B. Childs, Jr. Box 147 , Cotuit Chabot , Arthur J. 507 Hunphrey St. , ' Swampscott 01907 Dooley, Harold P.O. Box 1472 , Cotuit Jones , Amos C. Mary E. Jones 22 Sears Ave. , Cotuit Barry, Frederick Janice Barry 111 Woodland Rd. , Milton, MA 02186 1 GGP . 0P FERN, ANDERSON, DONAHUE, JONES & SABATT, P.A. ATTORNEYS AT LAW DANIEL J. FERN P. O. BOX SIB RICHARD C. ANDERSON 435 MAIN.STREET ROBERT J. DONAHUE HYANNIS. MASSACHUSETTS 02601 STEPHEN C. JONES CHARLES M. SABATT AREA CODE 617 77S-S62S July 31, 1987 Zoning Board of Appeals Town of Barnstable Town Hall Hyannis, MA 02601 Re: Petition for Variance of Jonathan W. Hirst File #87-194 Dear Sirs: With respect to the above captioned matter, enclosed please find the following: (a) original and 5 copies of the Petition for Variance (b) 6 copies of the plan showing the improvements sought to be placed on the land (c) filing fee check #595 in the amount of $75.00 payable to the Town of Barnstable. Kindly advise when the hearing date has been assigned. Sincerely, r / Robert J. Donahue RJD/cpe Enclosures O r FERN, ANDERSON, DONAHUE, JONES & SABATT, P. A. ATTORNEYS AT LAW DANIEL J. FERN P. O. BOX SIB RICHARD C. ANDERSON 436 MAIN.STREET ROBERT J. DONAHUE HYANNIS. MASSACHUSETTS 02601 STEPHEN C. JONES CHARLES M. SABATT AREA CODE 617 77S-562S September 25, 1987 Zoning Board of Appeals Town of Barnstable Attn: Ms. Ellen Kenney Town Hall South Street Hyannis, MA 02601 Re: Petition for Variance of Jonathan W. Hirst; Appeal #1987-80 File #87-194 Dear Ms. Kenney: At the hearing last evening, Chairman Jansson asked for a description and square footage of the proposed residence. The house is a center split home with the lower level being used for a one car garage and cellar space. The upper level would contain nine hundred twenty-four and no/100 (924.00) square feet of living space. Should you need. any additional information, please advise. Sincerely, Robert J. Donahue /( RJD/cpe oQ� P ®P� SEP 2 5 1987 r a ' FERN, ANDERSON, DONAHUE, JONES & SASAT.T, P- A-. ATTORNEYS AT LAW DANIEL J. FERN P. O. BOX 51B RICHARD C_ANDERSON 436 MAIN STREET ROBERT J. DONAHUE HYANNIS. MASSACHUSETTS 02601 STEPHEN C. JONES AREA CODE 617 '77S-S625 CHARLES M. SABATT August 31, 1987 Zoning Board of Appeals Town of Barnstable Attn: Ms. Ellen Kenney Town Hall South Street Hyannis, MA 02601 Re: Petition for Variance of Jonathan W. Hirst File #87-194 Dear Ms. Kenney: With respect to the above captioned matter, enclosed please find five copies of the updated plans with respect to Lot 7, which is the subject matter of the aforementioned petition. The foundation on the earlier plans was 33' x 28' whereas the updated plan shows it to be 42' x 22' . Sincerely, . Robert J. Donahue RJD/cpe Enclosures G �A �� S E P 2 1987 7 .. ?3 ( , ;'�` APPEAL n .. R7 SDI' TOWN OF BARNSTABLE PETITION FOR VARIANCE UNDER THE ZONING BYLAW To the Board of Appeals, Town Hall,Hyannis,MA 02601 lA(te July 31, 19 87 .The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,the application of the provisions of the zoning bylaw to the following described premises. Applicant: Jonathan W. Hirst 428-2400 (Full Namel (Telephone Number) Address: 128 Cotuit Cove Road, Cotuit, MA 02635 Owner: Aurore L. Lawrence (Full Name) (Telephone Number) Address: 321 Balboa Avenue, Ft. Myers, FL 33905 Prior Owner of record N/A Tenant(if any): N/A (Full Name) ITelephone Number) If Applicant other than Owner of property-state nature of interest buyer 1. Assessors map and lot number Map 18, Lot 90 2. Location of Premises Charlotte Averr(e Village Cotuit (Name of Street) (What section of Town 3. Dimensions of lot 102.35 50.04 5,067 Wrontagel (Depth) (Square Feet) 4. Zoning district in which premises are located RF 5. How long has owner had title to the above premises? 6. How many buildings are now on the lot? none 7. Give size of existing buildings none Proposed buildings 28' x 36' 8. State present use of premises—raw land 9. State proposed use of premises construction of a residence 10. Give extent of proposed construction or alterations: 28' x 36' building 11. Number of living units for which building is to be arranged one 12. Have you submitted plans for above to the Building Inspector? Yes ^Uj �13. Has he refused a permit? yes Q Uj 14. Whet section of zoning bylaw do you ask to be varied? Article III. Chapter III. Section G >- _a)Q (non—conforming uses), Paragraph E d U _- O 3 U w Z 15. State reasons for variance or special permit: The Lot has been in separate ownership for at � I�(c least sixty (60) years and would be buildable in accord with Massachusetts General � Laws Annotated, Chapter 40A, Section 5 (5,000 sq. ft.) except for the 7,500 sq. ft. Q .requirement imposed by Paragraph E as referenced in Section 14 of this petition. (over) Commonwealth of Massachusetts , Divosion of Fisheffies &lm" Idlif Wayne F. MacCallum, Director November 12, 1996 Stephen A. Webby Geneve Corporation P.O. Box 142 Kingston, MA D ear Mr. Webby, I am writing in regards to the proposed Pine Road that is to be built in Cotuit. The Eastern Box Turtle (Terrapene carolina)has been documented to nest in or near the proposed project area. The Eastern Box Turtle is listed as a species of Special Concern pursuant to the Massachusetts Endangered Species Act (MGL 131A) and its implementing regulations (321 CMR 10.00). My purpose in informing you of its presence in the project area is to avoid any possible violations of the Massachusetts Endangered Species Act. The Act prohibits the "take" of any state-listed rare species. In reference to animals, "take" is defined as "to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the i nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct". Please send project plans to the Natural Heritage and Endangered Species Program so that we may review this project. i If you have any questions, please contact me at 508-792-7270 x161. ZSincerel ' Hanni Dinkeloo Environmental Reviewer cc: Ralph Crossen, Building Commissioner 4?' ��} F ,F Natural Heritage & Endangered Species Program do Route 135, Westborough, MA 01581 Tel: 508 792-7270 x 200 Fax: 508 792-7275 o% An Agency of the Department of Fisheries, Wildlife& Environmental law Enforcement fait � -- -- i, i i i �/ .. ", �,.L/ i1 I _�___ I14E A The Town of Barnstable 9 BARNSTABLE.$! Department of Health Safety and Environmental Services MASS. 1639. �0 �FOMAyp Building Division 367 Main Street,Hyannis, MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection ��,R �� ,� _ `7- d Location 2kr 1. Permit Number ( ?Fr 1 Z Owner Builder One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: io � r�lt7cJl \ (1 >� CIP CI) O U u �+�-P r�T S i 2 v G UPtiT�� kOR 0 J S--a -5 �P k-� N �-- v � f � 10© � Please call: 508-790-6227 for reeinspection. Inspected by Date Commonwealth of Massachusetts Devisionof Fisheffies &Vildlife Wayne F. MacCallum, Director 13 March 1997 Stephen A. Webby Jeneve Corp. P.O. Box 142 Kingston, MA 02364 Re: Pine Road Cotuit, MA NI ESP File: 96-1231 Dear Mr. Webby, Thank you for submitting the proposed plan for Pine Road for our review. As you know, the Eastern Box Turtle has been documented to nest in this area. In order to avoid impacting active nests, we recommend that road construction be completed by May 15, as the turtle's nesting period lasts from mid-May through July. A factsheet detailing this species' lifecycle is included for your information. This evaluation is based on the most recent information available in the Natural Heritage database, which is constantly being expanded and updated through ongoing research and inventory. Should your project plans change, or new rare species information become available, this evaluation may be reconsidered. Please do not hesitate to call me at (508) 792-7270 x.161 if you have any questions. Sincerely Hanni Dinkeloo Environmental Reviewer cc: Ralph Crossen, Building Commissioner �- Natural Heritage & Endangered Species Program Route 135,Westborough,MA 01581 Tel: (508)792-7270 x 200 Fax: (508)792-7275 n An Agency of the Department of Fisheries,Wildlife&Environmental Law Enforcement �.� �, http://www.state.ma.us/dfwele , STEPHEN ONDRI CK Structural Engineer For All Types of Structures Commerical 6 Bonnie Road Industrial Weymouth, Ma. 02190 Residential (617) 335-4867 ---------------------------------------------------------------------------------------------------------------------------- February 20, 1997 Ralph Crossen Barnstable Building Inspector Barnstable, Ma. Re: Floor Framing 26 Charlotte Avenue Cotuit, Ma. Dear Sir: We have calculated the stresses for a wood frame system consisting of 4 x 8 Douglas Fir/Larch joists at a spacing of 32" o.c. with 2 x 6 T & G Plank of Lodgepole Pine for a length of 12'-0" maximum. This does meet the stress requirements required. If each plank has two 16d nails driven at opposite angles, the plank would serve to make the top of a "T" section which is stronger. However,the deflection of this system is at a maximum, based on a live load of 40 psf. If you have any questions, please do not hesitate to call me. Very truly yours, Stephen F. Ondrick, Jr. P.E. I r.�riM.�•.+-v.-..-+-r�T+ic•�,.,: •:.,�„ice r�.:r .u.„>.Y'. i�. .-, . .. �..r,,.-.,-r'.�-s'.+.-t,-... � . --• •.- -. "�` �.' . '"".t:. _ ^¢».-ALoN'� ti�y.�..��.� �IHE A The Town of Barnstable o� a RAgR. MASS. g Department of Health Safety and Environmental Services 059. �0 �fc +° Building Division 367 Main Street,,Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner elk Inspection Correction Notice ' Type of Inspection VI-A P Location �/� (� ( / Y�"�Permit Number, Owner Builder �P�1 One notice to remain on jobsife, one notice on file in Building Department. The follow g items need correcting: s ! l L �✓ f/ C' j )0--e C � A-0 kyt ►� �n car J' U u e-4 . -Please call: 508-790-6227 for re-inspection. Inspected by Date �.-.��: . ...iwt'-.�;So -:"� �s-.•s.rty,.s?....*f*....��i'u'-�'"t��•,,�,f-,•�+,..{''�"'"'-• ..r'"-""t ,.:vi'4 ..-. li."-•:'1--« s srr�+r The Town of Barnstable ��yyOF1HE Tp�, BARNSTABLE. Department of Health Safety and Environmental Services e MASS. g ' c 5u:� Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection `rf✓� Location � tl t�l� Permit Number Owner W Builder One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: v Please call: 508-790-6227 for re-inspection. Inspected by 2 Date ` Maloney Kathy From: Traczyk Art To: Burgmann Bob; Conrad Gerald; Crossen Ralph; Maloney Kathy; Schernig Bob; Smith Robert Cc: Lavoie Debbra Subject: Research - Long-Webby ZBA Appeal Date: Thursday, August 01, 1996 10:28AM Subject: Town wide review of Single Family Dwelling Permits issued over the last 6 years to determine the location, plus the extent and magnitude of any problem(s)that may exist as related to development of homes on lots that do not have legal access on a way. Process Outline: 1. Listing of all new Single-Family Building permits issued over the last 6 years. This list was secured from Kathy Maloney. It is in two forms (Main Frame Information & Pentamation listing) Kathy has determined that the list represent 1375 homes from 1990 to present. 2. Discussions with Jerry Conrad and Maureen Gildea has concluded that the GIS can map and identify those parcel that: have a new dwelling built on them and along a road that is paved, have a new dwelling built on them and along a dirt road or have a new dwelling built on them and not along any paved road or dirt road. The base information on roadways-dirt or paved - is 1988 data. The name of the roadways are also needed on the map. The Map/Parcel Number are needed for those along dirt roads and those along no roads. One Question that I will be reviewing with GIS unit is if they can lift directly the Map Parcel Numbers for Main Frame & Pentamation. If not the 1375 entrees.will have to be done manually. 3. Planning (Current Planning Section)will have to review this map, updating from Planning Board files any new roadways built from 1988 to present (hopefully this information exists- if not- I would hope Engineering could be a back-up source and the map itself-showing clusters of several permits would identify these newer roads. From the list of accepted town roads (from Engineering or Town Attorney Office) 1 will double check each identified dirt road location for its standing as an accepted way and give the counts and location of each new dwelling built from 1990 to present that may share similar problems as the Long-Webby situation. This will be a ball park figure and should represent the maximum extent of the problem. In addition, there may have been built a number of dwelling that may have received variances from the ZBA. One in particular I seem to recall, along Popple Bottom Road that during this time frame received relief from the ZBA on frontage and access. A search of the ZBA Data Base via Map/Parcel Number will be included to assist in determining those that may have granted some relief. I have to get busy Thank You All Art Page 1 � I P� ►x i r' � I '6 NEW DWELLINGS 1990 207 �< 1991 183 1992 187 1993 178 1994 240 1/95 -6/95 104 Y' 6/95 - 7/30/96 276 i TOTAL 1375 � � Q J� V . �� r � 1� 3G `'lc rP 229 805 297 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail See reverse Sent to Street umber P. 0,bax ( �oZ Post Office,State,&ZIP code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee rn Return Receipt Showing to Whom&Date Delivered Return Receipt Showing to Whorn, Date,&Addressee's Address 0 TOTAL Postage&Fees $ , V) Postmark or Date li a. a Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m• window or hand it to your rural carrier(no extra charge). - m 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the m return address of the article,date,detach,and retain the receipt,and mail the article.' 3.'If you want a return receipt,write the certified mail number and your name and,address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to'an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article., 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. . LL 6. Save this receipt and present it if you make an inquiry. _ a P 229 , 805 , 334 >.y Z-4 US Postal Service Receipt for Certified Mail No IT,$trance Coverage Provided. Do ndt use for Intemational Mail See reverse Sent to Webby Street&Number Post Office,State,&ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered n Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ ' Postmark or Date 0 U. o_ Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). m 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the m return address of the article,date,detach,and retain the receipt,and mail the article. C 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. coo 5. Enter fees for the services requested in the appropriate spaces on the fro,%-of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Ffff°a811. ko 6. Save this receipt and present it if you make an inquiry. n A L Lt'Wc�SZ�IN�S fill i Np_ TA-L-PH (fF-Ossrnv .ss iil,►„�i�f�ilt�if,��f��ifi�I��itiof{�i�,l3i�„i,l��f�i�,l�l=! z i i4 ii� t}ii i� y ! 11tt �E1 ((i !i! i}�!f � li U IM i H f i Ml it ! it iili i H I ��1iiii li 4, O r 4 45 ILA .pa,.T, �F � •�� jJ 2`—`� �(' 1't.i7�i/ '^d+y„c y�- 4S Qua kOV�' ` `%��`� r-- , •• �� 1 � �,� �,,�~`�. ter' � . ` t;;Y-s'��'�" . .-• ,� � _ - •� • �+� �`?� �? ���� �y�'J`` ...�� ',taw '. .• +� _ '�' x J� `° . ��r,nt n.x. , .,��.` .!� 1:�s.�,.. � �t tit+"`�.�. .? \ � •_ ,i•.^' <.�R�� �� �y� ., ,� '�..,p �1.• .� �r -�t� •nr�,*�,. v' • v �' C S J .1 tVst,• J � 110, ,'+ poll S9 i � °•}�-� a'{� i+- a� �'" 1 > 4 6 ^r �3' w5•' � t t:F low 1 dr+�: K�'+' ' '�''� ~ 3 M r � ^ y e^� ', '>Eye ,� .;s�r ,�MFe, � � ,/�, �,: L � `�� �� �q.,`c+y ��� "���y GCS S'f. X. L .Y,� `Y ,`� ��:• '^ .� .y ..I'r lj.. �I _� .��i�:�� .,,, ,� k �._ .mac ` .� iy � � ��� �� � �, � -- � . P 229,.805 333 -P i US Postal Service Receipt for Certified Mail- No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to • Webby Street&Number Post Office,State,&ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to Whom&Date Delivered a Retum Receipt Showing to Whom, Q Date,&Addressee's Address O TOTAL Postage&Fees $ CD M Postmark or Date 0 LL a Stick postage stamps to article to cover First-Class postage,certified mall fee,and i—charges-for any-selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return i address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). m I 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the m return address of the article,date,detach,and retain the receipt,and mail the article. `E 3. If you want a return receipt,write the certified mail number and your name and address - 0) ion a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article f RETURN RECEIPT REQUESTED adjacent to the number. ' 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. ` 5. Enter fees for the services requested in the appropriate spaces on the front of this ff receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present R if you make an inquiry. a of The Town of Barnstable snaxsrnetE. �0� Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 8, 1996 Stephen A.Webby 2 Lot Phillips Road Kingston,MA 02364 _ Re: 16-Charl-- Avenue,=Cotuit=MA Dear Mr. Webby: Subsequent to your last Zoning Board of Appeals hearing,I viewed your lot and found that the ways that you claim as frontage do not exist on the ground. As you know,I contacted you about this and gave you time to research the origin of this section of Charlotte Avenue and Pine Street to find the approved Board of Survey plan. Since you have been unable to find this at the Registry of Deeds,and we do not have any record of it here, I must assume that the frontage you are claiming is not lawful. At this point,I must inform you that without at least 50 feet of frontage you are not able to claim grandfathered rights under 40a section 6. 'You mentioned that you were going to hire an attorney and I agreed that,at this point,you should. As it now appears,your application for a building permit did not note that the way was questionable. In fact, it and your lawyer Paul Milliken's letter,referred to the frontage as lawful and therefore subject to grandfathered protection under 40a section 6. The reason that this is coming up after the fact is because this information misled me into approving the application as if it had normal frontage. You must stop all work at this site until you either: 1) prove that you have at least 50 feet of lawful frontage or 2) obtain a variance for a lot that is too small,does not have adequate frontage and is in violation of all set back requirements. I will wait to hear from you or your attorney. Sincerely, , Ralph M.Crossen Building Commissioner cc: Zoning Board of Appeals Certified Mail P 229 805 333 R.R.R. Q960708A 7--7--0 -0 i� -f . .�� �� f� �► . � f� �I 1 �1 . � � t If i I I i �� }� i i 'Ole i ~I� 7Z- 0G7� I I i i i _J SENDER: I also wish to receive the v ■Complete items 1 and/or 2 for additional services. m ■Complete items 3,4a,and 4b. following services(for an y ■cPrint zrd toouou name and address on the reverse of this form so that we can return this extra fee): ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address 4) permit. 0) ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery r ■The Returti Receipt will show to whom the article was delivered and the date a c delivered. Consult postmaster for fee. 0 3.Article Addressed to: 4a.Article Number P 229 805 333 Stephen A. Webby 4b.Service Type 0 2 Lot Phillips Road ❑ Registered Certified of N Kingston, MA 02364 ❑ Express Mail ❑ Insured c LU cc ❑ Return Receipt for Merchandise ❑ COD 0) c f 7.Date of Delivery J) zo � `(jd ` 0 Y Im 5 cdivedAh tin a e 8.Addressee's Address(Only if requested e W and fee is paid) r ' Ign ure: (Adaressee or Ai T X1111t1 I1 11 1 " " 1111 ,111 1 iil it 111 II I N PS Form 3811, December 1994 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mall G�Z 0 N, �J a es•Pald o 'DM • Print your n me;`addkes, and ZIP Code nit'.is box ! �; I I I TOWN OF B"ARKSTABLE. BU ILD ING 01 Vj S ION 367 MAIN ST HYANNI S MA 02604 i i I r, c L4,r to+k R,^ 54"�t I., C .�`-� TOWN Of BARNSTABLE � � ��0 jq• S _ — , K BUILDING DIVISION ' la, �AUL�� G o M "EJ 367 MAIN STREET P.r" Q JI'l M1r j �r HYANNIS.MA 02WI m 805 `3°34 6". �- •�. ¢ OR g ;.F 3 , -r���. p1 d _ r 010 Gim4p Stephen A. Webby 2 Lot Phillips Road Kingston, MA 02364 - — . ---+. j - SENDER: v ■Complete items 1 and/or 2 for additional services. I aISO wish t0 receive the I H ■Complete items 3,4a,and 4b. following services(for an I I q ■Print your name and address on the reverse of this form so that we can return this extra fee): I •,,F t� card to you. 4D N ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address permit. I ! d ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery N I t ■The Return Receipt will show to whom the article was delivered and the date .. delivered. Consult postmaster for fee. ( v 3.Article Addressed to: 4a.Article Number d Id P 229 805 334 cl I a Stephen A. Webby 5! 4b.Service Type l0 2 Lot Phillips ,Road ❑ Registered Certified °C Kingston, MA 02364 ❑ Express Mail ❑ Insured S 1 •y I I ¢ ❑ Return Receipt for Merchandise ❑ COD ` I a7.Date of Delivery � ; r Q al I I p 5. Received By: (Print Name) 8.Addressee's Address(Only if requested I I W and fee is paid) t I � � I g 6.Signature: (Addressee or Agent) y PS Form 3811,• `!December 1994 Domestic Return Receipt ! I iullit it i itil-1'TC•l—di it i iit it titlit it !s' + a i nc=i G2� S • 02G cur- k.V\ eAm- ef Lo 0,AA-D C S f .2 for reek V\A- 6T our- (1 4 Ao O-A.A-0 �- c-0 ox, J �• jara�f� •`� c 14}I •` •:� '�' rr Gam'" �-O Gl�' t 24q(, .G, Ko�i • 4i S � t .��y�j�' �N: t - � Vy - ���•�� 'yip __ _.,� _. -. .4; a� a r,l J e-774 a J (das�rc nA_� 1 C—D�X�C�.3�7c CIF"/ } ^.`+ .• _ w �"..vnc'� .' tg .:"+t�i� }. JZ ca Ile- z - - x - 4 V, Fr y Rut V go 4 i Its; t. i ow 311 ,! � +• � 1.� .` � a • • THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) A I DATA SC9U 6 ��Z1•. � �1V� ��' 'l��'(3 I S hCj�. /z; n Fly (PINE R AS- 1 Z , I AO `FA• r, 'Doe ,t' jv2�N, ��zTt s/�cs.et�cC--y OWE lVay raTo -Pike • WRF Tttf .g! r o to .C7 -- -X.� p. m D C� J4 C9 -+PLAAI 80 R f9 PAGE a9 L-- c`o 1 H \ in Lo o D D � � N z n > C,tMl t ) z O.rTi Ul M Fri ^ GJ (71 cn N D O ;; R �7:�0"t�'i;�INC N cfl to 58. j O {G ti ti O ° o <'p rorrl CA z Z. orb J s 0.Lo co J :j Q Ulf N L7 G` 001 �y K w Q v ;- r GI Cp LP O , n Q Q `S�' Z 3. 3' _ SIR, `' -n = O c - l% 6s r.) a �� S w o a r0 � rn m N site r - r i � A Q Mf / , r I /. 1 • t>• ' �;:fir. r .. t I•�~"-fin. ��. � •Y.. �\``Mel `. y. 1 s.t• /s 14 •y • I \ K y •• 1 '�` �♦ Ili �i��y .1u=�•r!3.pj��-✓!�1 '4 .�:. f i V A N I � fig'"` � •x. • Zi' � 'r' )it + 1 � �,`—�„�" TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 018 090 GEOBASE ID 557 .ADDRESS `'26 CHARLOTTE AVENUE PHONE (617)585-0700 COTUIT, ZIP 4 - �ii ~Lt�'T 7 BLOCK LOT SIZE i DBA DEVELOPMENT — DISTRICT CT •PERMIT 25220 DESCRIPTION SINGLE FAMILY DWELLING PERMIT PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANC , i CONTRACTORS, Department of Health, Safety ARCHITECTS and Environmental Services TOTAL FEES: BOND ' $.00 THE CONSTRUCTION COSTS $.00 4p�' 756 CERTIFICATE OF OCCUPANCY + BARMABLE, • . MA83. OWNER JENEVE, CORP ibg9. A�0 ADDRESS ED MA'S PO BOX BOX 142 l -1 KINGSTON MA BUILDIN C D V . 'ION BY DATE ISSUED -08/25/1997 EXPIRATION DATE ' OF 17 "ARC L X D 0y8 050 1G_OBASE I D 15 657 (ESS 26 -CHARLOTTE AVENUE PHONE (64-n 565- 0`t,)b Cotuit - ZIP " - - )T 7 BLOCK -- - LOT SIZE DEVELOPMENT DISTRICT yMMIT 1.4676 DESCRIPTION SINGLE FAMILY DWELLING (SEW.PMT.996-153) KalIT TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT ,TRACTORS: Department of Health, Safety ;HITECTS: and Environmental Services DOTAL FEES: $280_-98 bND $.00 IONSTRUCTION COSTS $45,000.00 1.01 SINGLE FAM HOME DETACHED 1 PRIVATE P * BARN3TABLE, *' A �$ WNER WEBBY , JENN I FERFD DDRESS 2 LOT PHILLIPS ROAD KINGSTON, MA BUILDING DIVISION f BY/�.�/� ,i DATE ISSUED 04/23/1.996 EXPIRATION DATE z THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- I CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR i ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS t PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. !' }J!; MINIMUM OF FOUR CALL INSPECTIONS REQUIRED / FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS 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 c h w�In �L U 7j3o [I 3 1 HEATING INSPECTION APPROVALS ENGIN ERING DEPARTMENT 2 7 j f q -j I ��BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK ALL NOT 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- TION. NOTED ABOVE. TION. f - _ k . tom:• C. l - r i, P . 1 - ' f 1 � • ' I s� ' f sue. ' Commonwealth of Massachusetts aip� Natural Heritage & Division of Fisheries & Wildlife Route 135 Endangered Species Westborough, MA 01581 Program (508) 792-7270 MASSACHUSETTS SPECIES OF SPECIAL CONCERN Eastern Box Turtle (Terrapene carolina caroling) DESCRIPTION: The Eastern Box Turtle is a small, terrestrial turtle ranging from 11.4-20.3 cm(4.5--8 in.)in length. It is so named because it is the only North American turtle that when threatened is able to enclose head, legs, and tail completely within the protective armor of its upper (carapace) and lower (plastron) shells. The adult box turtle has a short, broadly oval, high dome shell with variable markings and coloration. The carapace is usually dark brown or black with numerous irregular yellow,orange, or reddish spots,blotches, or stripes'in each carapace shield. The plastron may be tan to dark-brown or black,patternless or variably patterned light and dark—almost a mottled pattern of dark brown/black or tan/yellow;its surface either concentrically ridged or smooth;and divided into two movable portions by a strong hinge. The head,neck,and legs also vary in color and markings but are generally dark with orange or-yellow mottling. The Eastern Box Turtle has four toes on its hind feet;a short tail;and an upper jaw ending in a down- DeGraaf,Richard M. and Rudis,Deborah D. turned beak. Amphibians and Reptiles of New England. Amherst, Massachusetts: The University of Massachusetts, 1983. Although there are no striking sexual differences between the male and female Eastern Box Turtles, there are, however, external features that generally distinguish between the male and female. The male box turtle usually has bright-red to red-orange eyes, with those of the female being gray-brown,yellowish-brown or very dark-red. The rear lobe of the male plastron is concave, and that of the female is flat or slightly convex. The hind legs of the male are heavier and the claws stouter, shorter and more curved than the female. Males have longer,thicker tails, with the vent located farther from the shell and closer to the tip of the tail than the female. Both sexes are generally mild-mannered. .;...:::.... ... : sr I Distribution in Massachusetts Range of the Eastern Box Turtle since 1978 Hatchlings have a flat, brownish-gray carapace with a yellow spot on each large scute; and yellow along the outer rim of the carapace, the mid-dorsal keel, and the lower mandible. The plastron is yellow to cream-colored with a black central blotch and yellow margining along the outside edge. The plastal hinge is not functional and poorly developed. The tail is long in comparison with that of the adult. Hatchlings,if molested, emit a strong odor to repel predators; an adaptation that is lost later on. SPECIES SIMILAR IN MASSACHUSETTS: The Blanding's Turtle(Emydoidea blanding_i)is the only species of turtle in Massachusetts that resembles the Eastern Box. Often referred to as the "semi-box turtle," the Blanding's Turtle has a hinged plastron enabling the turtle to pull its exposed part upwards towards its carapace but with less closure than in the Eastern Box Turtle. Outside of this specific adaptation, there is little or no similarity either in appearance or behavior between the two species. The Blanding's Turtle is essentially aquatic whereas the Eastern Box Turtle is terrestrial. RANGE The range of the Eastern Box Turtle is from southeastern Maine;south to northern Florida;and west to Michigan, Illinois,and Tennessee. Although the Eastern Box Turtle occurs almost statewide in Massachusetts, the majority of the population occurs in the southeastern section of the Bay State,just west of Cape Cod. HABITAT IN MASSACHUSETTS: The Eastern Box Turtle is a woodland species,although in the northeast it also occurs in pastures and marshy meadows.It is found in both dry and moist woodlands,brushy fields,thickets, marshes,bogs,stream banks,and well-drained bottomland. It prefers open deciduous forests but has also been found on mountain slopes in Massachusetts. In optimal habitats in Cape Cod pine barrens and oak thickets,the species is generally associated with cranberry dominated swales interspersed with bearberry ground cover,low bush blueberries,and thickets of bracken fern. LIFECYCLEIBEHAVIOR: The Eastern Box Turtle usually hibernates in the northern parts of its range from late October or November until sometime in April. In the deep south, it may remain semiactive throughout the winter. Hibernation generally begins at the time of the first killing frost. As many as four box turtles may share the same winter quarters,which range in type from loose soil,sand,vegetable debris and mud bottoms of ponds or streams to animal burrows or stump holes. As soil temperatures drop,the turtles burrow into the soft ground for a depth of from three inches to two feet. Females tend to hibernate first, with the males lingering to ensure that all females have been fertilized. They normally emerge from hibernation in April,.but some individuals may emerge prematurely during warm spells in winter and early spring and perish from exposure. Mating may take place as soon as the turtles emerge from hibernation or at any time until they enter hibernation again. Courtship begins with the male circling the female and biting at her shell,head, and legs, before mounting. Females nest from May to July and can lay fertile eggs up to four years after a single mating.Nesting areas may be in hay fields,roadsides,cultivated gardens,lawns,beach dunes,and woodland,and around house foundations. The eggs are deposited in a flask-shaped nest dug by the female's hind feet in loose soil at an elevated site, usually in an open area in close proximity to the previous years' nest. Egg laying occurs during the late afternoon-early evening and continues for up to five hours. Three to eight(usually four or five) thin,white,elliptical eggs are deposited by the female at intervals of one to six minutes;arranged in the nest by the hind feet;and then covered with soil by the hind legs and plastron. After the eggs are covered, the female crawls away, leaving the eggs unattended to incubate. The incubation period depends on soil temperature but generally the hatchlings emerge about 87-89 days after laying,usually in September. They may overwinter in the natal nest and emerge the following spring. During the first four or five years of life,box turtles may grow at a rate of from half an inch to about three-quarters of an inch a year. Sexual maturity is thought to occur later in New England than in its southern range and may take up to 10 years to attain. It is believed that full growth is reached in about 20 years. The average life expectancy of a box turtle is between 40 and 50 years,but evidence shows that they can live as long as 80 to 123 years. The Eastern Box Turtle is omnivorous,showing marked changes in food preferences from youth to maturity and from season to season. When young,it is chiefly carnivorous,feeding on insect larvae,slugs,earthworms,snails,spiders, crayfish, millipedes, fish, frogs, salamanders;a small percentage of vegetable material, and even carrion. At BIBLIOGRAPHY EASTERN BOX TURTLE (Terrapene carolina carolina) Babcock, H.L. Turtles of the Northeastern United States. New York: Dover Publications, 1971. Cinst,C.H.and Barbour,R.W. Turtles of the United States. Lexington: University Press of Kentucky, 1972. Conant,Roger and Collins,Joseph T. A Field Guide to Reptiles and Amphibians—Eastern and Central North America. Boston: Houghton Mifflin Company, 1991. DeGraaf,Richard M. and Rudis,Deborah D. Amphibians and Reptiles of New England. Amherst, Massachusetts: The University of Massachusetts, 1983. DeGraaf, Richard M. and Rudis, Deborah D. New England Wildlife: Habitat, Natural History, and Distribution. General Technical Report NE-108. Broomall, Pennsylvania: U.S. Department of Agriculture, Forest Service, Northeastern Forest Experiment Station, 1986. Hunter,Malcolm L.,Jr.;Albright,John;and Arbuckle,Jane, Ed.The Amphibians and Reptiles of Maine. Bulletin ' 838,The Maine Amphibian and Reptile Atlas Project. Orono, Maine: University of Maine, Maine Agricultural Experiment Station,July 1992. Lazell,James. Reptiles and Amphibians of Massachusetts. Lincoln, Massachusetts: Massachusetts Audubon Society, 1974. Lazell,James. "Nantucket Herpetology," Massachusetts Audubon, 1969,54(2):32-34. Shiffer,Clark N. "Turtle In A Box," Pennsylvania Angler, November 1990, pp. 23-24. Simmons,Tim. "All Outdoors," Vineyard Gazette, February 5,1988. Typing,Thomas F. A Guide to Amphibians and Reptiles.Boston:Little,Brown and Company, 1990. Partially funded by a grant from DEM Forest Stewardship Program i approximately six years of age,box turtles develop a fondness for fungi(primarily mushrooms),berries,fruits, leafy vegetables,roots,stems, leaves and seeds. The adults take animal food with less frequency than young turtles. In summer,adult box turtles are most often encountered in open woodlands,in morning or evening,particularly after a rainfall. To avoid the heat of the day, they often seek shelter under rotting logs or masses of decaying leaves, in mammal burrows,or in mud. Though known as "land turtles", in hottest weather they frequently enter shaded shallow pools and puddles and remain there for periods varying from a few hours to a few days. In the cooler temperatures of spring and fall,.box turtles forage at any daylight hour. They are diurnal,and scoop out a"form"(a small domelike space)in leaf litter,grasses,ferns,or mosses where they spend the night. These forms are often used on more than one occasion over a period of weeks. Juvenile box turtles are rarely seen. Immediately after hatching they seek a swamp or pond and immerse themselves in sphagnum moss or mud,remaining well hidden. The home ranges of box turtles of all ages and both sexes overlap. The turtles frequently occur together and show no antagonism over territorial domain. Movements within the home range vary from random meanderings to fairly direct traverses. Occasional trips outside the range are made by some individuals; these trips include searches for nesting sites. Most adults show some homing tendency over short distances,such as a kilometer or two,but long distances as a result of human interference usually kills them.They orient themselves by the sun and rely on their vision for guidance and mobility. They have very defined home ranges averaging about 100 to 225 meters (100 to 750 ft.) in diameter. Some individual are transient and do not establish home ranges. POPULATION STATUS: The Eastern Box Turtle has been declining in numbers throughout its range in Massachusetts and is presently listed as a "Species of Special Concern" in this state. Since 1978, only 187 sightings have been reported to the Natural Heritage and Endangered Species Program, with heaviest concentrations in the southeastern part of the state and Cape Cod. Many of the sightings are road crossings or single individuals making it difficult to estimate the size of the population. There are several reasons for this decline: habitat destruction resulting from residential and industrial development and concurrent dissection of the landscape with roads; deliberate and inadvertent highway mortality;collection by individuals for pets;destruction of nests and young by skunks,coyotes,foxes,crows,dogs,and raccoons;and genetic degradation of the native stock by imported captives that escape or are released. MANAGEMENT RECOMMENDATION: The greatest threat to the survival of the Eastern Box Turtle in Massachusetts is the fragmentation and destruction of its habitat.. The bisection of its habitat by roads can reduce or destroy populations. Due to the decline of farming in Massachusetts,agricultural land is being returned to woodland. A mixture of regeneration,selective cutting and even selective burning of woodland may be beneficial to the Eastern Box Turtle. Large roadless areas of optimal habitat need to be preserved, especially in the Box Turtle's stronghold of Cape Cod. Though a law exists to protect against the importation, transportation, and release of wild animals in Massachusetts, this law, and the biological reasoning behind it, need exposure and publicity in the community at large,as well as enforcement. To ensure the long term survival of the Eastern Box Turtle, protection of its habitat is needed,as is education of the public about the detrimental affects of removing turtles from their natural habitats and keeping 'them as pets. Enforcement of the Massachusetts Endangered Species Act prohibiting the killing,molestation,and possession of the Eastern Box Turtle must also be improved. People should be encouraged to help box turtles across roads (always in the direction the animal is heading), and should be made aware that box turtles should never be transported or captured as pets. Finally, the practice of releasing non-native box turtles must be discouraged to protect the genetic integrity of native populations. - j i cd� L1. 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CONCRETE SONOTUBES TO 4-P.T.2 x 12's 4'0" BELOW GRADE.USE SIMPSON STAINLESS STEEL ABU66 POST BASE &PC66/EPC66 POST CAPS AZEK RAILINGS DN ( N `rol P.T.2 x 10's @ 16"o.c. b b ' RE-BUILT X N N 00 L INSTALL lZ'WIDEx 60"LG. `.° `.° f' r DECK x 18"DEEP CONC.FOOTING o_ ° - UNDER STRINGERS.HANDRAIL (AZEK DECKING P.T.2 x 10 LEDGER BOARD LAG BOLTED TO R • POSTS TO USE SIMPSON SOLID BLOCKING W/(2)LEDGERLOK BOLTS _ VERIFY COLOR) 16"o.c.W/S.S.JOISTS HANGERS AT BOTH ENDS S.S. BC40 HALF BASE ATTACH STRINGERS I 1,_4,. TO DECK W/SIMSPON S.S.LSU26 HANGER EXIST. EXIST. EXIST. EXIST. HOUSE BASEMENT R PLAN FLO® I TYP. ROOF DECK d 3 A e �L Ini V V/��.•✓/1 Ve /ter D.:.... - 2. RUBBER MEMBRANE ROOFING 3. 2 x 4 SLEEPERS @ 16"o.c. P.T.2x 10 LEDGER BOARD,'-G BOLTED To SOLID BLOCKING'All(2)t ku.'GERLOK BOLTS 4: AZEK DECKING (VERIFY COLOR) S5'o.c.W/S.S.JOISTS H!Ah,"jERSAT BOTH ENDS NOTES" " FASTEN RAILING POSTS 1.) CONTRACTOR IS TO VERIFY ALL EXISTING CONDITIONS TO DECK W/SIMPSON S.S. BC40 HALF BASE & DIMENSIONS IN THE FIELD EXIST. 2. CONTRACTOR T S . ) RACTOR O VERIFY ALL''MATERIALS, DETAILS, HOUSE & FINISHES IN THE FIELD WITH OWNER AZEK RAILINGS 3.)' ALL CONSTRUCTION TO CONFORM TO 780 CMR MASSACHUSETTS STATE BUILDING CODE, SEVENTH EDITION AZEK 1 x 6 FRIEZE 4. ` ' P.T.2 x 10 s @ 15 o.c. I' ) FOLLOW ALL MANUFACTURERS SPECIFICATIONS FOR INSTALLATION OF 4-P.T.2x 12's SIMPSON COMPONENTS RE-BUILT WALL CONST. P.T.4x4AT`BASE 1. P.T.2 x 4 STUDS @ 16'o.c. EXIST. 2. 1/Z'P.T. PLYWOOD SHEATHING BASEMENT` 3.W.C. SHINGLE SIDING 4.TYVEK VAPOR BARRIER b v j I P.T.6 x 6 POSTS ON 12"DIA" CONCRETE SONOTUBES TO 4'0"BELOW GRADE.USE SIMPSON STAINLESS STEEL ABU66 POST BASE &PC66/EPC66 POST CAPS A BUILDING SECTIO-N RE-BUILT DECK D1 THE DESIGNER SHALL BE NOTIFIED IF ANY � ERRORS OR OMISSIONS ARE FOUND ON SCALE DRAWING NO. COTUIT BAY DESIGN LLCRE -BUILTTHESE DRAWINGS PRIOR TO START OF I, I „ DECK FOR. CONSTRUCTION.THE BUILDING CONTRACTOR 43 BREWSTER ROAD 1/4 1 -0 WILL BE RESPONSIBLE FOR THE CONTENT IN THESE DRAWINGS IFCOIVSTRUCTION �pp D COMMENCES WITHOUT NOTIFYING THE MASHPEE ,MA. 42649 NOILENBERE IDEN G R S CE Q �7 DESIGNER OF ANY ERRORS OR OMISSIONS P J S 21 4- THESE DRAWINGSPROPERTY ARE SOLELY FOR THE USE DATE H. (5O / 1 1 66 ON THE PROPERTY NOTED. OTHER USE OF THESE DRAWINGS REQUIRES THE WRITTEN (/�/� r rI CONSENT OF THE DESIGNER,THESE DRAWINGS 2/24/20IO FAX (508) 539 940� 26 CHARLOTTE AVE. C;OTUI � MA ARE PROTECTED UNDER.THE ARCHITECTURAL 7 COPYR*HT PROTECTION ACT OF 1990. F i I y I i i I i I El Li AZEK RAILINGS AZEK 1 x 6 FRIEZE - AZEK 1 x 5!1 x 6 CORNERBOARDS W.C.SHINGLE SIDING i REAR ELEVATION fill fill - -nil 3-0"T&G 1 x 6 CEDAR ACCESS DOOR W/ o.S. HARDWARE RIGHT ELEVATION LEFTELEVATION- THE DESIGNER SHALL BE NOTIFIED IF ANY C i ERRORS OR OMISSIONS ARE FOUND ON SCALE : DRAWING NO. cT T DESIGN LLCRE BUILT FOR: 1 THESE DRAWINGS PRIOR TO START OFtttnOjUBAY DECK CONSTRUCTION.THE BUILDING CONTRACTOR 43 BREWSTER ROAD l/4 l -0 WILL BE RESPONSIBLE FOR THE CONTENT IN THESE DRAWINGS IF CONSTRUCTION MASHPEE MA. 02649 NORENBEREG RESIDENCE COMMENCES WITHOUT NOTIFYING THE � DESIGNER OF ANY ERRORS OR OMISSIONS.. DATE : P50HTHESE DRAWINGS ARE SOLELY FOR THE USE ( ) 2( 4- 66 ON THE PROPERTY NOTED.ANY OTHER USE OF THESE DRAWINGS REQUIRES THE WRITTEN �/�^/�O O D2 FAX (508) 539-9402 H TAVE. CONSENT OF THE DESIGNER.THESE DRAWINGS `}6 Cj jARLOT i E COTUIT, M A ARE PROTECTED UNDER THE ARCHITECTURAL COPYRIGHT PROTECTION ACT OF 1990. ii, -- - �-` 17 �Septic tanks shall� to which e installed level and true to grade on a level base that has been mechanically corrtpaeterl o, :ix ;�� or crushed now has been placed to �.EA CH/NG TRENCH w/ /- ,/ � '` �-- -'� minirstxe uneven aetflini >F it the tank is placed in M,w is requited I c t /� ' stability and to prevent setmag. Septic tanks shall have a rninirrwm covet of nine ! THE HIGH CAPACITY INFIL IWORDCHAMBER - -- --1 FRECAST SEPTI C TANK � 20, ��o ,r No scae (?J At least throe 20 inch asanhoiea with readily removable irnpenne"covcra of durable ski Y P P�at� WA over each inlet artd X J`µ1, rr>aseriai shall Pam- Access shall be /NOT TU SCALE/ 150 0 GAL ON (� / outlet tmi For eotnim arental taab, the cts= manhole SUB be placed as access to the .3, L cca9attmeat ooanectioc. Inlet and outlet ttsrs shall be made aooeuibk for inspocdon and by pravidit'+`precast coon+=or equivalent watertight risers(with wbae 4 over.� t ppropnate)with coves! the access ports to within six iirclres of finish for 3 m i n ?„ - �' 1N h � `' r dtSiPS in e7t m of 1,000 gpd. For sytsen desiSns of 1.000 jpd or less,at least one access I /2 min 125 T• — "• a/i ,/� /// port shall be accessible within six inches of final --- jTade• Manholes brought to final jrade ;� - 3 shall be secured to prew:au unaudmixod access. a 9 _ (b) Septic tanks shall l e accessible for inspection and maintenance.No structures Shall be :- ., heated directly upon .a above the septic tank access locations which interfere with -----.-----_-_._- _---_---_— ___._-- t , 3' WAS //I perforteance.access, inspection.pwnpins.or m7air. I t` TONE'//V"TO 1/20 LOCUS PL AN �. L/a te / iW Wet and outlet tar: shall be of cast-iron, Schedule 40 PY ° (.-' T __ C or cast-in-place concrete, ul SCALE-/ _ '` . 1� u , - / and shall extend a mtnrawm of six arches above the flow line of the tic tank _-___-. 10' -- -- �' / the center line of thi septic and be on -O=---� - WASNEt W.4SHID / ) septic tank located directly under the Ckati-out manhole. ��� SrONE 3/fi"7V 1112 S7DNE-j*7D/%2 /rl C/ �� Cross-sxtional flow baffles shall not be used as substitute for inlet ` _ it s or outlet tees. t 13 C 4A Manufacturers of c tanks shall imp / ii :� lemcnt a quality controUqualiry assurance �- - - --- -- /O�-6 I-�— . G � / � program in conformity vrth AMU swndard C 1227-93. Tanks shall be embossed with a scat n IZ `�-.__ / stating that this ASTM sArgiud has been met NOTE /F THE LIOU/C CEPTH OF THE SEPTIC TANK /S SFEET, r 7 G THE OUTLET TEE SHALL EXTEND 1 9"BELOW THE FLOW L iNE. NOTE. /J 41. / PI/ ING 5H4LL BE Sch. 40 PVC ft_ 2/ l T lS THE MESPONS/BILITY OF THE IN574 LLER TC VEii'IFY TH::7- ► \ ` THE W4 SHED SrCNE lS CL E4IV AND lifEE C'F FINES. SECTION THRU SYSTEM ,NC' TO SCALE J n GENERAL NOTES = g.n (3J 20 M-N.COVE R;> TO W/TH/N 6 OF FINISH GRA OE FG _ f , = _ -�ty - l) ALL ''ON T-7RUCTION , J CJNfORM r0 TITL E- 5 :.-%I THE f A, f_ ENVIRONMENT.;L E :.ND THL iy -- -� n -ii =;✓.� ai �i.i= ✓., _-, - � M,:.�J1CHU,5E T�' ST r :�OU - � -4 @ / Sch 40 BOARD Of HE,4LTH REOUIREMENTSFORTHETOWNOF ______ "Orsc240ptc 2/ NO 11 RMANENrsrRUCrU MA BE- C GYV:i TRU.:TitG OVA Fr RE Y F-= THE 100% EXP4NSION AREA t _� 3 THE DE SIGN OF THIS SYSTEM DOES .NOT PERMIT THE else. eox INFILTRATOR ) SEPT/C TANK ' � 'S C1C' t J ! USE OF GARBAGE DISPOSAL UNI TS. WASHED 4 CONFI RMATION OF C'JNS%RUCRON /N ACCORDANCE WITH THIS PL,,N IS PCOUIRED, THIS OFFICEANI-' THE LOLAL BOAR[: JF ZO, - HEALTH SHALL BE IVOTIREC PRIOR TO HACKFILLINC= THIS SYSTEM. 1 J \ 5) SEPTIC TANKS SHOULDHEINSPECTED ANDCLEANED4NNUAL ' `'HOUL D HE INSPECTED MONTHLY ANl" SHALL U _ ��J REASE TRAP; .- HE CLEANED WHEN THE L E VEL OF G f••� REASE lS 2.5'� OF TI,E �c J EFFECTIVE DEPTH OF THE TRAP OR AT LEAST EVERY PROPOSED FLOW L/NE GRADES ��AS BU/LT ��GRAOES THREE MONTHS. r.. IN v H r FovN DA n oN ; r lNV INTO SEPTIC TANK �� U } .r / -- 9l ALL UNSUI TABLE MATERIAL FO'JNC', OR INVERT OF D� T' •• i '� /NV OUT OF SE PTl;; TANK � INV INTO DIST BOX _-___ - __- PIPES ARE A70VE OR IN THE TOP AND OR SC/B SOIL. /NV OUTOF DISTt>OX ALL TOP SOIL,SUB SOIL., AN. ONSUlT.4�1LE MATERIAL 7'0 'NV INTO INFILTRATOR __ __ HE RFM0VED TO ELEVAT/ON AS PE.�,' SOIL LOGS, HOTTOM OF INFILTRATOR _-- -- - AND FORA DI TANCE OF _-_ F _FT /IV ALL BOTTOM OF STONE '► DIRECTIONS FROM LEACHING SYSTEM, THEN REPLACED / '. T, / ►wt ter`", e WATER TABLE ���" :;•: i+-T y! ; W/TH C/FAIN SAND FREE OF S/LTS, AND DEBRIS, AND TING / INSPECTION SCHEDULE- �► .SOIL LOGS' ` / ��. }�'- �° � �� l) AFTFh EXCAVATION OF THE TOPSOIL SC/B SOIL A/VD OR THE UNSUTABLE MATERIAL, BUT PRIOR TO `` ✓ � ,'� r , ' ;� �� e I ; L4 'fir' �; ` T. P l TP THE PLACEMENT OF THE FILL. ' f�/ '7'd =�S" 2J AFrf -r rI_.ACEMEIVT L)FTHE- ;'LEAN FILL_ BUT PHI OR �� �� q 3� A TU THE /NSTALLA,'/vN JF THE SYSTEM. — - - --- ---- ;) N.SPECT/ON FOR ; 5 C'I� C � � ( ' B., _ E-RT/F/CAT/U (; FINS L l B - "' 8--- TO THE H04Ri� OF HEALTH l r • f Jam' � � PEMBROKE ONLY A l A BEL M UL r I- PURPOSE Fi L T ER TEE- MODEL 4100 OR EQUAL , SHALL BE INSTALL E;" ON THE OUTLET OF PERCOL AT/O/V RATE OF M/N'u TES / lNG'h' ALL SEPTIC:' TANKS, DURING TESTS ON _ PRESENT AC:ENr SOIL EVALUATOR � DESIGN CRITERIA i t THERE 4F,E N'C 5URF4CE WATER SJPPL Y OR BEDROOM DWELLING AT br?.4VEL PACkEG WELL., WI THIN 4OC ; NO �IU G.PB.D. _ G.PD. TUFULAR PUBL/C WELLS W/ THIN 250 , NO •-�' BENCH MARK G 0.7 _ '' S I= (RE1201 RED T�F 11 A T E %(J T4,6L E r/ELLS N, rHI;N 150 OF y � i L EACH_ING TRENCH THE PROPC SED SA Nl TA;4Y .SYSTEM,EXCEPT ^.` N AS SHOWN. SIDE WA L L_ AREA �'=_ S F X BOTTOM AREA = SFX - { - _. - ----___-- TOTAL DAILY CAPACITY= �r 7 `l GALLONS TOTAL AREA = SF ! SUPPL I E-D) SANITARY SYSTEM IN LT DRAWN F&SAM -OR ) -� !i ► , 1 C;if tiS Q / CERTIFY THAT: THIS SEPTIC SYSTEM / CERTIFY THAT THIS SEPTIC SYSTEM %t ��,�,� 4� . DESIGNEZ BY: I; VoutrInr)l �l /� �� bV Co, Inc. CONFORMS TO 310 CMR /5.000 ( T/TL E V) WAS INSTALLED ACCORDING TO THE -' --- <, \ J i AND THE BOARD OF APPROVED FL ANS. DRAWN BY " + ENGINEERS LAND S( ; VE YOBS COUNTY ROAD PL YM H£A L TN REG UL A T/DNS. _ CHECKED BY: P TON, MA SS. DATE Q f DESCRIPTION BY APPROVE& BY', DELFtf� HOSSA M M. SHEMAIS PE. LICENSED INSTALLER REV/S/DNS PL AN GATE : SCALE I VW t# SAW 7Z- jai C- V Z/ -13'1-- Z/-//Z 3 S. 3 5o 4 Y5. 6) LQ3ter- Nickerson IN 13 1 7 Cly .411 c;-Z -5-0. 0 0 1 sa. 0 3/ .07 Y3 I/O ?- SIC,/ Ki ,21 J, CUD 5.5 4�(ts7j clr I c 0 o6 / 00- 0 I A, �T- 22 51-0 o so C) Yo / 00. 0 ro F. • coo I I 4) 7/OV.3'T ir 1 1 Nj - 1 o 3 4 N LLJ 4. ry 07X7 S- /Co. 0 ;S -113�f < 4-7 7 IIS73 N 71 > 1> rn 32 3 Z 3 ti, 7 N - 77 7 30-7.2 ---------- JR CL %3 j- n AY UO F 0 RG E- WN'7'77�' A N 0 v le 40Feet tia, rederic O . Z Z ARp -.4 ,pj,3SS.