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0026 CHERRY TREE ROAD
k rr f +It .� � - — � —ate .�..�.o- .... _ � _ .- � .� � � �� �� 6 ,� ,, j ���} �� ,. � � ,� ;; j ,< , tll I } :q �' � i . r ,, �� f f i � � � _ } � � . ' ;, � _ �� �� 7 �' f C _ ,. 1 TOWN OF BARNSTABLE.BUILDING PERMIT APPLICATION Map Parcel to Application # a J d6 Health'Division Date Issued Conservation Division ` Application Fee so ,. r Planning Dept. '. �..Permit Fee S Date Definitive Plan Approved by Planning Board - v�C/ Historic - OKH Preservation / Hyannis 'V Project Street.-Address 2 s t;-b Village LJC2 Owner QogGaMD Pl&JEQ Address 0 Telephone Permit Request i Square feet: 1 st floor: existing . proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 660 Construction Type Lot Size © 4 Q Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family (# units) Age of Existing Structure _�3 Historic House: ❑Yes XNo On Old King's Highway: ❑Yes ❑ No Basement Type: X Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing 2, new Half: existing new Number of Bedrooms: S3 existing —new 9 . Total Room Count (not including baths): existing new First Floor Room Count NHeat Type and Fuel: )(Gas ❑ Oil ❑ Electric ❑ Other f s1 Central Air: ❑Yes )(No Fireplaces: Existing New Existing wood/coal stove: ❑Yes No i l 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 ❑ No If yes, site plan review# ; - Current Use Proposed Use APPLICANT INFORMATION -FF (BUILDER OR HOMEOWNER) h -Name Rbac,-C�O Telephone Number CAddress 26 ChQ m. -dp p , ReaAam License # woo A) A O-Z—s�1 Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATUR DATE , 12I 11- lE> FOR OFFICIAL USE ONLY ° S APPLICATION# DATE ISSUED,. E: MAP:/PARCEL NO., ADDRESS_ VILLAGE OWNER DATE OF INSPECTION: „ FOUNDATION;• FRAME INSULATION_ FIREPLACE ELECTRICAL: ROUGH FINAL El PLUMBING: ROUGH FINAL GAS +vim ROUGH Rai FINAL _ 7 LFINAL-BUILDING s DATE CLOSED OUT ASSOCIATION PLAN NO, v x Tlie G'oii-riiioiiiveallli of Ma"ssa"'aliiisi�l"s . DepaMco f of!d&VWfdAeeijcqia -- — Office ofliivest gdtioat ti00�Vasliiigtoir Slneei` Boston,MA 62111 fvivii•:niassgov/iliil orke�s' Compensa on Insnranc Affidavit: Bmiders/Contractors/ lectA iam/Plambers . App6cant_Ilaforimation__-- Ivai — AddFess___. 2_ 2l_l/_ld _.,_ `_ Are you ah employer?Check Elie appropriate box-: T`- of- est 4: I am a.-_and edh tactfit and i Type- P J t�'eQ �= 1 0 I am a employes with---_-- 0 • t� - 6: ❑New construction. 1 :§ full Addfor art hme :s haw!ice flee sub-c6M-Mavis Z: I afn ole propAd&&jraf&&z lssted on tie kf#ache-d sheet: 7: °deling 'These fib-contractors MW a •ship and}ia<�e no employees - 8: ❑I?emolifion w foi ine in- e aci employees and Mine wort s' �Y •fy: I 9: 0 Building addition [No eioi4oers'comp:insurance io'mp:msivance: _ a 5: ❑ We a:e a coipoiaf on and its 10: Plectiical fepaii`s of addition's 3; I am a homeowner dbiag allW&k off&&B-have dMit,-sed tlieiff 1l Plumlb ng`tepaii§of additions If o wazkeis' - iiglft of eRemption pet MOL P l3:❑Rzofiepafs :_...r.___ --- c:13a; i.4. and we Have no msurauce regaue&]f � § � )� 13TJOtliei_—.--=--- _ __-- _-- �y Wlitam i6f dwtki boa#1 mast also fill Dirt�e imdua be6w tliawiiig di&i d&-ns'coiapemsa5o5 police informateon Haiiieowu@is wleo submit ild iik&ftif iii&Uiiiig Miry eie ddit ell waA i d&&life 6irtside eoiitiaet`oislimsf OWES a aW iiii'davit iii&ftmg chili. ;Coffuaafois ltiaC c3ec�i fliis tine inusi etta��edditona!s1i@ei sliowmg itie nice of th"e soli=e6mhsiiois�d's'tate wliieihei 6i'eioi£Ec"se®iiii@s lime dEy—idyeis. 1f Elie s5tiao8tf&aurs hm i—m l4iii,iW t—fig 01U6 ik ifiaflik- damp.policy iiiimtie% I uin ak r7mplq ilia!u praviibiirg ivorkers'conipe►rrsriiiori asri orrice fore;y eiriplaye"es: $e'ibiv is flie paliey dfid joli she irifofwi61iorf: Policy#ar Self-ins:Liz:#€------__ _: = ----_—__-- Expiration Date' - ------____--- dob Site Ad&r::---- — --CitylStafe/Z Attach a copy of Elie�vo`rlcers'compensation policy dectaratiou page(showing Elie policy wiinbee and eipiiaton hate): Failure fo'secure coverage as a quitefi under Section 25A of MGL e: l52 can lead to the=po§itioa of et mwihal penaltiess of a Ewe up tb$1;560M aadlor one ym �npnsoament;as vvelf a-s civil penalties is t}ie form d a STEP WOkk ORDER and a fine of up to$250:00 a Bali against Elie violator: Head that a copy of this statement may be faiWatiled to 41ie Office of lnvesfigatons of the DIA for insurance coverage yerifization: I&h`i- --ea-`.' -e er Hie �-`cis aei pen ` '- eiTefry lliat Elie s►iofwiafiom proi•4iteib above is frzfe aiirl correct: s fate'__ O,,ieiiel else a"iily: Do naf write In tbii`s area;iEo be conipiAeii by efty a?f6wi o�cia[ Issuing MAG-1-9ty(Edict#aiie-): ll d&d of$eiiltli Z:Building Department 3:Cify%Fown Crt`lerk d:Elect Eat Inspector 5:Ptiimbing Inspector 6:Utlier Contact PersonE—_--_------ _-- = ----_-___. Phone#'s_-______---------------_-..__ Town of Barnstable �ppiHE Tp�� o Regulatory Services < BARNSTABLE, Thomas F.Geiler,Director TtASS. 1639• Building Division tfD ,t A Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 v<,ww.to�,i,n.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: 1�0 number stket village "HOMEOWNER": `'PW 6DA name home phone# work phone# CURRENT MAILING ADDRESS: 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 homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOI<4EOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws, rules and regulations. e;"h o er"certifies that he/she understands the Town of Barnstable Building Department mini ins procedur equirements and that he/she will comply with said procedures and requ' me Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly ,when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by _several towns. You may care t amend and adopt such a form/certification for use in'your community. Q:forms:homeexempt oF1HEro Town of Barnstable Regulatory Services Ba Thomas F. Geiler,Director 039.y Mass.S& � lFor9'�A Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 50.8-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner Date Print Name If Provegy Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. Q:FORMS:0WNERPERM ISS ION zG ays-rN 6 -e C) l LOT 22 LOT 21 166.00' LO LOT 27 21,499 s.f. aj V) CO ,NN EXISTING Z? N r- 20' FOUNDATION w 0 a LOT 28 96' LOT 26 j 6 N to 7 9 166�0' i I i CHERR Y TREE ROAD i 40' WIDE 1 i CERTIFIED PLOT PLAN TOWN: BARNSTABLE, (Cotuit). MASS. LPL 1 V. V DT Iti 1V SCALE: 1 "-30' DATE: .1 /2/98 REF.: OF ASS 1 CERTIFY THAT THE ABOVE.DWELLING IS LOCATED ON THE GROUND AS SHOWN, THAT IT CONFORMED TO THE TOWN'S ZONING SETBACK REGULATIONS AT THE .TIME 2 tiG IT -WAS CONSTRUCTED AND THAT THIS MORTGAGE INSPECTION WAS PERFORMED IN CHRISTOPHER �, ACCORDANCE WITH THE TECHNICAL STANDARDS FOR MORTGAGE LOAN INSPECTIONS o COSTA. ~ AS ADOPTED BY THE MASSACHUSETTS ASSOCIATION OF LAND SURVEYORS AND CIVIL No. 31305 "' EDV 44E€0 �L WOO, At "' T141S �0'T t5 OOT � THE FLtfbD' 'PLAIN. �q G1STE '�y0� suR`I x !S C� / �� CHRISTOPH C A P.L.S. DATE C'HRI.STOPHE'R COSTA d3c assoc. P.O. BOX 128/465 MAIN STREET EAST FALMOUTH, MASS. i Town of Barnstable Approved 7 17, Regulatory Services Fee Uv Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Home Occupation Registration Date:S � Name: ��1����� �� l C' C _Phone#:'W �1917 Address LN'�� �� Village: 03 Name of Business: C V;�_V:Zr V_' �Qd Type of Business: r(�C� °�� © 2���`� Map/Lot: 4. Zoning District Zoning Districts RF and RC-1 require Special Permit from Zoning Board of Appeals. 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 C� 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 is 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,have read and agree with the abo a restrictions for my home occupation I am registering. Date:' � Applicant: - Homeoc.doc Town of Barnstable tMME loktio� Regulatory Services • r Thomas F.Geiler,Director '" MASS. Building Division 9 ass. �, g i63q. �0 A�fD MPS a Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 `r Office: 508-862-4038 Fax: 508-790-6230 COMPLAINVINQUIRY REPORT Date: • ( Q 3 Z Rec'd by: Complaint Name: Map/Parcel fo b-�- Location Address: v Originator Name: Street: Village:- State: Zip: Telephone: � r � Complaint Description FOR OFFICE USE ONLY Inspector's Action/Comments Date: 6Z Inspector: ti f 1 7'11 Q Additional Info.Attached Q:forms:complaint 1 `44 IMPORTANT MESSAGE FFor 7V .i t Day 7 Ll Time O P.M. M � �� Of ! Phone FAX Area Code Number Extension MOBILE �I ,f kea Code Number Extension Telephoned Returned your call RUSH Came to see you Please call Special attention Wants to see you Will call again < Caller on hold MessagQ t 0 Signed zz yniversa148023 v 7" p ry .� � ,� -------. � ��'t',�-u� Town of Barnstable �OFtME Tpk� Regulatory Services r�� OF BARH,3 SABLE Thomas F.Geiler,Director w sAxivsTABLE, ' Building D1VISIUII1639. 7 n 4 5 9 MASS. g ��f0 MA'S a Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 0260'1"' • C?yISIQr� "--- Office: 508-862-4038 Fax: 508-790-6230 COMPLAINVINOUIRY REPORT Dater ' Rec'd by: Complaint Name: Map/Parcel (� 0 Location Address: a� t Originator Name: Street: Village: State: Zip: Telephone: Comp laint•Description: (-t` 0 41C, de - e m L FOR OFFICE USE ONLY Inspector's Action/Comments Date: 2 Inspector. A Y1 A �V n Additional Info.Attached Q:formsxomplaint �� -- zAe COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. CIVIL ACTION NO. BACV 96-171 and 98-249 FLORENCE BACAS and JOHN T. SNOW VS. Cad f�A�9At�AApr�er�_gMq��a��. MARILYN J. O'BRIEN and the Members of THE TOWN OF BARNSTABLE ZONING BOARD OF APPEALS PROCEDURAL BACKGROUND, FINDINGS OF FACT, RULINGS OF LAW AND ORDER PROCEDURALBACKGROUND Case No. BACV 96-171 is an appeal by the plaintiffs of the action of the Town of Barnstable Zoning Board of Appeals granting a variance to the defendant, Marilyn J. O'Brien, for Lot 27 on a Plan of Land.recorded with the Barnstable County Registry of Deeds in Plan Book 159, page 91. Case No. BACV 98-249.is an appeal by the plaintiffs of the action of the Town of i Barnstable Zoning Board of Appeals in failing to overturn the building commissioner's issuance of a building permit to the defendant, Marilyn J. O'Brien, to construct a single- family residence on said Lot 27. While the appeal of the variance in the first case was pending, the cases were consolidated for trial which was held on June 26, 2001. The parties agreed that the i case should be presented by a statement of agreed facts and a view to be taken by the court jury-waived. FINDINGS OF FACT The parties submitted a Statement of Agreed Facts containing 42 paragraphs which this court finds to be the facts of the case. Attached as exhibits to the Statement of Agreed Facts were 21 exhibits which'are on file with the original papers and will not be attached to this decision. The Statement of Agreed Facts is attached to this decision as Exhibit 1. The issues of law presented in this case are as follows. Issues of Law 1. Whether the O'Brien lot which was created in 1960 and transferred into separate ownership in June, 1973, achieved permanent protection as a single-building lot under the zoning provisions in effect at that time, and received a building permit in 1992 pursuant to those same provisions, is the proper criteria for the renewal of that permit, a criteria in effect between 1973 and February of 1994, as the building commissioner and the Board of Appeals have ruled; or whether, as the plaintiffs contend, the applicable zoning .provision is the amended provision in effect in 1998 when O'Brien sought to renew and exercise the rights which had previously vested in 1973 with respect to Lot 27. 2. Whether the complaint must be dismissed because the plaintiffs, having received their own building permit pursuant to the same provisions which they deny 2 were applicable to the O'Brien lot (and for other reasons), are not persons "aggrieved" within the context of G. L. c. 40A. 3. Whether the plaintiffs have complied with the statutory requirements necessary in order to secure an abandonment or removal of the building built on the lot pursuant to the building permit. The only material difference between the language found in the Barnstable By- Law as amended in 1995, and the language found both in G. L. c. 40A, sec. 5A and the Barnstable ordinances of 1977 through 1995 is that under the prior language, in order to qualify for permanent protection, a lot had to conform to zoning at the time the lot was created, whereas the current version states that the lot must conform to zoning when it was created and also conform to applicable zoning requirements as of January 1, 1976. The Board of Appeals decided that pursuant to the applicable provisions of the General Laws in existence at the time of transfer of Lot 27 into separate ownership, the defendant O'Brien's lot gained permanent protection as a lawful building lot when common ownership was severed in 1973. Since it achieved permanent protection in 1973, the Board rejected the plaintiffs' argument that such protection was lost by the 1995 enactment of an ordinance which required that lots conform to zoning requirements as of January 1, 1976. The Boards specifically found that "it was the intent of the zoning by-law to continue to protect non-conforming lots in their status as non-conforming buildable lots." 3 t I RULINGS OF LAW 1. The Board's finding of the intent of the zoning by-law enacted in 1995 has clear basis in section 4-4.1 intent which reads as follows: It is the intent of this section (i) to protect property rights of owners of pre-existing legally created non-conforming lots uses and buildings or structures ... 2. Reviewing the evidence, the court must consider the fundamental principle of law that requires the court to give substantial deference to the experienced technical expertise and specialized knowledge of the administrative body. Flint v. Com'r of Public Welfare, 412 Mass. 416, 420 (1992); Manning v. BRA, 400 Mass. 444 (1987). 3. Deference must be given to a reasonable interpretation of its own by-laws by a local board such as a board of appeals. Livoli v. Bd. of Appeals of Southborough, 42 Mass. App. Ct. 921 (1997). 4. A local board has an intimate understanding not only of the conditions within a town but also of the background and purposes of the entire zoning by-law. Murray v. Board of Appeals of Barnstable, 22.Mass. App. Ct. 473 (1986). 5. The Supreme Judicial Court has held that "Section VI is concerned with protecting a once valid lot from being rendered unbuildable for residential purposes, assuming the lot meets modest minimum area ... and frontage ... requirements." Sturgis v. Chilmark, 380 Mass. 246 at 261; Adamowicz v. I switch, 395 Mass. 757. The Court stated, "Our construction of the relevant sentence of G.L. c. 40A, sec. 6, is required not only by logical and reasonable statutory construction but also by the i 4 maxim that statutes are to be construed so as to avoid an unconstitutional result or likelihood thereof." 395 Mass. 757 at 763, 764 (1985). 6. In Nantucket Conservation Found., Inc. v. Russell Management. Inc , 380 Mass. 212, 214 (1980), the Supreme Judicial Court stated. "Our 'general rule' [is] statutes operate prospectively unless a contrary legislation is clearly shown", and this is especially true when amendments to statutes deal with property. 7. For the foregoing reasons this court concludes that the 1995 amendment was intended to apply to lots created on or after January 1, 1976, not to lots created prior to 1976 whose protection had already vested pursuant to provisions of earlier ordinances or versions of the General Laws. 8. This court concludes that Lot 27 obtained permanent protection in 1973 and is a valid building lot for which a variance was unnecessary. 9. To conclude otherwise would result in a taking of the defendant's property as a retroactive application of an ordinance long after the lot had obtained permanent protection, five years after the defendant purchased the property, and three years after the town had already issued a building permit for such lot. Such a retroactive application would be contrary to the language of the ordinance itself and public policy. i 10. Since this court concludes that Lot 27 is a buildable lot and that a variance was not necessary, it need not inquire as to the status of the plaintiffs as persons aggrieved. Further, the court concludes that the issue of whether the plaintiffs proceed in the courts with the statutory requirements for enforceable action need not be addressed as well. 5 r . ORDER The appeal by the plaintiffs of the action of the Town of Barnstable Board of Appeals to grant a variance to the defendant, Marilyn J. O'Briien, for Lot 27 of the plaintiffs' land recorded with the Barnstable Registry of Deeds in Plan Book 159, page 91, Civil BACV 96-171 is hereby DISMISSED. The appeal by the plaintiffs of the action of the Town of Barnstable Zoning Board of Appeals in failing to overturn the building commissioner's issuance of a building permit to the defendant, Marilyn J. O'Brien, to construct a single-family residence on Lot 27 as shown in Plan Book 159, page 91, BACV 98-249 is ORDERED DISMISSED. /odhnXA. Tierney Justic of the Supe 'or Court i Date: �U/ a3 y A true wpy,Attest . Cle 6 jq '1 1La a +� Assessor's(Vice•tl;' floor) Map ✓1 / Parcel v � ermit# -7 3 9� Conservation Office(4th floor)(8:30-9:30/1:00-2:00) 0 11gol4ftate Issued Board of Health(3rd floor)(8:15 -9:30/1:00-4:45) �' �� / 1Feer � /3 7, Sze Engineering Dept. (3rd floor) House# BIKE Planning Dept. (1st floor/School Admin. Bldg.) $IEP Definitive Plan Approved by Planning Board C 9 S u 2��� ft ,e$ 0 /�2�p,e�ls 13p f q2 e ,Sk b v I orCCOM AND TOWN OF BARNSTABL ®WN REGULATOOc113 Building Permit Application Project Street Addr 6C4 r ;� Village Owner f Address lC Telephone 61 ,�C-�,� — a� Permit Request yJPco S yYl/ 'l ff l�S/6&i'7t rP _ LV ;< 2 Gt/l tv(�- to e/�r'!� — /f f' �/<r�►! CZ- 31- Cd��� First Floor (O l square feet Second Floor -L square feet Estimated Project Cost $ 0 00 ow Zoning District Flood Plain Water Protection O Lot Size cP 4 V 9 g 1, Grandfathered ? ov 5 Zoning Board of Appeals Authorization n I Zg Recorded y Current Use VQL:a a >L 4 Proposed Use Z&I le Construction Type &)tyo ` :22,w e D" Commercial i20 Residential Y�g Dwelling Type: Single Family Two Family Multi-Family Age of Existing Structure Basement Type: Finished / Historic House Unfinished t/ Old King's Highway Number of Baths No.of Bedrooms Total Room Count(not including baths) �� First Floor Heat Type and Fuel Central Air Fireplaces llgayto"w yy/-� Garage: Detached Other Detached Structures: Pool PLO Attached Barn /10 None Sheds f2(l Other 1�!' Builder Information Name , G �-�`� —060/740"Telephone Number '-'5 0 5 if's Address �' � � . 1 ��` License# i Home Improvement Contractor# Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE L';10 G, BUILDING PERMIT,DEN D THE FOLLOWIN RONS) ��-' EASSC FOR.OFFICIAL USE ONLY RMIT NO. 3 D,,4TE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER • w o DATE OF INSPECTION: ;y FOUNDATION r FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. ,,I O.� Ac- _ a" /Jo/ WILLIAM F.WELD on(ay KENTAROTSUTSI Co�ernor `•t/ ' Chairman KATHLEEN M.OTOOLE THOMASL ROC: secretary TEL: (617) 727-3MO'FAX: (617) 227-1754 Administrator April 16, 1997 Superior Builders Division of Muncy Homes P. O. Box 344 -Route 442 East Muncy, PA 17756 RE: Annual Re-Certification in the Massachusetts Manufactured Buildings Program Buildings Program MCf# 091 To Whom It May Concern; This letter is to confirm that your certification in the Massachusetts Manufactured Buildings Program as a producer of Manufactured Buildings has been approved for the period of May 1, 1997 through April 30, 1998. This approval is contingent upon compliance with all previously listed conditions of your approval, and compliance with the provisions of the Massachusetts State Building Code, Electrical Code, and Fuel/Gas Code. Yours truly, _STATE BOARD OF BUILDING REGULATIONS AND STANDARDS Thomas L. Rogers Administrator cc: MA Board of Examiners of Plumbers and Gas fitters MA Board of Examiners of Electricians h:\uscrs\bbrs\mfgrenc\v\97rencw\97reecrt.doc CERTIFICATION This will certif that Mr. C c1G` Y . . �-� representing .v� � p g � .. .. � is approved Insta :lation: gmpany by Muncy Homes :-Ine. to install a sfngle:faimily home purchased by our Builder, M: . who is an independent business persont:.who is not an agent of Muncy Homes, Inc. and who is�a•I;icensed Construction.Supervisor in:the State of C� 3 a Q� : Massachusetts, License#� ;_ who is doing business in the name of and who has re ��uested.the installati n ` Tr q... , o of said single family house a� a ss in the town city off , Cr Massachusetts for his customer Sig , Name Print � ln Title"(Print) ,E s Date` CONSUMER INSULATION INFORMATION W 88`114 t Superior Builders , r tf This home Serial No. 02-03'92338AB,> i (name of home manufacturer and model) 4 contains the following Insulation specifications: 4 } y; '4 'i LOCATION TYPES OF INSULATION -THICKNESS -"R" VALUE 4 0 !, FLOOR None supplied 8t installed by,other, ' EXTERIOR WALLS F betglass 6" < : R-19,total R-21.83 i' 4 CEILING Fiberglass 9-5/8"' R-32,total R-33.67 r This Insulation Information was furnished by the home manufacturer and Is disclosed din compliance 1' with the Federal Trade Commission Rule, Labeling and Advertising of Home Insulatloni 16 CFR + ' Section 460.16. k Bishop St. Investment DATE RETAILER SIGNATURE f i I hereby acknowledge receipt of this information and- understand that a copy of this form will be Included with my sales contract. SPEC. 98-1. al T DATE CUSTOMERS SIGNATURE -R-values certified by manufacturer of insulation for, thickness in this home. *Savings vary. Higher R-values mean greater Insulating power. , Reviewed and approved by the Federal Trade Commission staff responsible for enforcement of a the Rule on Labeling and Advertising of Home Insulation February 2, 1983 Doc. No. 3198C ti. 1/91 WHITE-MANUFACTURER'S COPY YELLOW-BUILDER/DEVELOPER COPY PINK-CUSTOMER COPY COMMONWEALTH OF MASSACHUSETTS _.LAN D COURT DEPARTMENT OF THE TRIAL. COURT BARNSTABLE, SS. MISCELLANEOUS CASE. NO. 163150 FRANK L. HORGAN, III, ). . Plaintiff ) V. ) DEXTER BLISS, ELIZABETH ) NILSSON, BRUCE BURLINGAME, ) LUKE LALLY, and GENE BURMAN, ) as they are the Town of ) Barnstable Zoning Board of ) Appeals, PAUL BROWN and ) EDWIN GOURLEY,. ) Defendants ) JUDGMENT This case came to.be heard on Defendant Barnstable Zoning e Board of that Appeals' Motion for Summary Judgment and a decision of today's.date was entered. In a is: ADJUDGED and ORDERED that the property identified in the attached decision as lot 30-31 is not a buildable lot under the Town of Barnstable Zoning By-law(By-law); and it is further ADJUDGED and ORDERED that the lot identified as lot 29 in the attached decision merged, for purposes of zoning, with lots 30, 31, and part of 32; and it is further ADJUDGED and ORDERED that lot 29, as merged with lots 30, 31 and part of 32, and the lot comprised of lot 33 and the remainder of lot.32, are not buildable lots under the By / the Court(Scheier, J.).$Yt .Y Attest: Charles W. Trombly, Jr. Recorder Dated: October 9, 1996- A TRUE_COPY ATTEST:. COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT BARNSTABLE, SS. MISCELLANEOUS CASE FRANK L. HORGAN, III, ) NO. 163150 Plaintiff ) V. ) DEXTER BLISS, ELIZABETH ) NILSSON, BRUCE BURLINGAME, ) LUKE LALLY, and GENE BURMAN, ) as they are the Town of ) Barnstable Zoning Board of ) Appeals, PAUL BROWN and ) EDWIN GOURLEY, ) Defendants ) MISCELLANEOUS CASE NO. 163151 DAVID SCOTT HORGAN, Plaintiff ) V. ) DEXTER BLISS, ELIZABETH ) NILSSON, BRUCE BURLINGAME, ) LUKE LALLY, and GENE BURMAN, ) as they are the Town of ) Barnstable Zoning Board of ) Appeals, PAUL BROWN and ) EDWIN GOURLEY, ) Defendants ) ) ORDER GRANTING SUMMARY JUDGMENT , In the interest of judicial economy I consolidated these two cases for purposes of the I, I� . summary judgment hearing because they have a similar fact pattern, share.common parties and counsel, and concern abutting property in Centerville, Massachusetts. Both cases are appeals pursuant to G.L.c.40A, § 17,of decisions rendered by the Barnstable Zoning Board of Appeals(the. Board).' Case no. 163150 is an appeal by Plaintiff Frank L. Horgan, III, of a decision by tht Board upholding the Town of Barnstable (the Town) Building Commissioner's determination that land owned by Plaintiff(lot 30-31) did not constitute a buildable lot. Frank L. Horgan, III, wants to build a single-family house on lot 30-31. In case no. 163151, Plaintiff David Scott Horgan appealed the Board's decision revoking the issuance of a foundation permit to construct a single family residence on a parcel owned by him (lot 32-33) because it was not a buildable lot. David Scott Horgan also wants to build a single-family house on his lot. The Board moved for summary judgment on January 16, 1996, in case no. 163150; on November 15, 1995, David Scott Horgan moved for summary judgment in case no. 163151. Counsel argued the motions on March 27, 1996. In case no. 163150,the Board argued.it correctly upheld the Commissioner's denial S of Frank L. Horgan, III's building permit because it claimed a merger of lots 29 and part of 30 rend ered Plaintiff's remainder lot (lot 30-31) too small to be buildable. In addition, the Board alleges Frank L. Horgan, III's lot does not enjoy any grandfather protection under G. L. c. 40A, § or section 4-4.5 of the Town's Zoning By-law (By-law; section 4-4.5). By contrast, 6, (section 6) Frank L. Horgan, III, argued the case must go to trial because a question of fact remains as to lot is buildable under.G. L. cwhether his . 40A,.§ 6. However, I consider the question to be one of not fact. The Board's motion is supported by the statements and documents cited in the law,, 2 •: 4 affidavit of David Scott Horgan' and the affidavit of Shirley Crocker, Clerk of the Barnstable Board of Assessors. Frank L. Horgan,.III, also relies on David Scott Horgan's affidavit and, for the most part,the Board adopts the facts cited therein. The affidavit of Janice P. Semprini,Assistant Assessor for the Town, also is in the record. In case no. 163151, David Scott Horgan appeals the Board's decision upholding the Commissioner's revocation of Plaintiffs foundation permit. Plaintiff argues lot 32-33 is a legally nonconforming lot protected by the grandfather provisions in the By-law. The Town claims the lot merged with lots 29 through 31 and, in addition, lot 32-33 is not grandfathered by either G. L. c. 40A, § 6, or section 4-4.5 of the By-law. David Scott.Horgan's motion is supported by his affidavit. Other affidavits in the record for case no. 163151 are as follows: Frank L. Horgan, III (plaintiff in case no. 163150); Eleanor N. Horgan, grandmother of David Scott Horgan; two affidavits of Kevin J. O'Leary, Esq., attorney for David Scott Horgan; and Janice P. Semprini. Defendants Paul Brown and Edwin Gourley were notified as parties in interest at the public hearings conducted by the Board in connection with these cases. Messrs. Brown and Gourley did not submit memoranda on the instant motions. On all the summary judgment materials, I find the following facts are not in dispute, and rule for Defendants in both cases: I. Plaintiff Frank L. Horgan, III, lives at 591salene Street and Plaintiff David Scott Horgan lives at 53 Elm Street, both in Hyannis, Massachusetts. 'The affidavits of David Scott Horgan filed for both cases are identical. The David Scott Horgan affidavit was filed on January 16, 1996, in case no. 163150,and on November 15, 1995, in case no. 163151. 3 I 2. Defendants Bliss, Nilsson, Burlingame, Lally and Burman are members of the Board. 3. Defendant Brown lives at 27 Orchard Road, Centerville, and Defendant Gourley lives on Bacon Lane., Centerville. 4. In September 1927, a plan of land was recorded with the Barnstable Registry' of Deeds' in Plan Book 21,at Page 133, for a parcel of land consisting of five lots numbered 29, 30, 31, 32 and 33 (collectively the lots, individually lot 29 and so forth) located on Park and Orchard Streets in Centerville, Massachusetts (see attached sketch). Lots 30 and 31 (lot 30-31) are the subject of case no. 163150, and lots 32 and 33 (lot 32-33) are the subject of case-no..16.315 1. 5. By deed dated September 14, 1931, and recorded in Book 485, at Page 99, Wetmore-Savage Company conveyed a portion of lot 33 to one Nelson Bearse. By deed dated September 24, 1945, and recorded in Book 635, at Page 42, Wetmore-Savage Company conveyed lots 29, 30, 31, 32 and the remaining portion of lot 33 (hereinafter referred to as lot 33) to one Benjamin F. Teel. 6. By deed dated October 17,.-1945, and recorded in Book 635, at Page 411, Benjamin F. Teel conveyed to.Frank-L. Horgan, Sr., the following:. . a certain piece or parcel of land situated .in Barnstable (Centerville), Barnstable County, Massachusetts, more particularly bounded and described as follows: Being Lots 29, 30, 31, 32 and part of Lot 33, as shown on plan of land entitled "Centerville Estates, Centerville,Mass.,Teel Realty Trust Owner, September 1927" 7. At all times material, lot 29 consists of 12,240 square feet; lot 30 consists of 'All recording references are to this Registry. _ 4 I ' v .12,600 square feet; lot 31 consists.of 12,700 square feet; lot 32 consists of 10,905 square feet; and lot 33 consists of 12,195 square feet. 8. In 1947, the By-law did not establish a minimum lot size or any other dimensional requirements for a buildable lot.3 9. On or about April 1948,Frank L. Horgan, Sr., built a multi-family structure containing three residential units on lot 29. At that time multifamily use was an allowed use of lot 29.4 10. When town-wide zoning went into effect in 1956, all the lots were in an RB- I residential district. The principal permitted uses in the RB-1 district were "detached one-family dwelling" and"the taking of not more than six (6) lodgers by a family resident in the dwelling." The minimum square footage for a lot in the RB-I district was 10,000 square feet. Accordingly,the use of lot 29 became legally nonconforming. 11. In 1958,the zoning district for the lots changed from RB-I to RD-1. With regard to minimum lot size, section N(2) provided: No building, except one-story buildings of accessory use, shall be erected on a lot less than one hundred twenty-five(125)feet wide and containing not less than twenty thousand (20,000) square feet, provided that one (1) one-family dwelling and its accessory buildings may be erected on any lot which, at the time this by-law is adopted, is separately owned, or which is shown on a plan of lots approved by the Board of.Survey and recorded in the Barnstable Registry of Deeds after March 7, 'The By-law defines"lot'at section 7 as follows: "[a] single area of land in one ownership defined by metes and bounds or boundary lines, no portion of which is bisected by a street." °In January 1986, Frank L. Horgan, Jr., installed two sewage system pits on lot 30 to serve the existing multi-family structure on lot 29. In March 1991, pursuant to a permit from the Barnstable Board of Health, Frank L. Horgan, Jr., abandoned and filled the pits on lot 30 and relocated them on lot 29. 5 1950 and.before the date this by-law is adopted. 12. As of the date(in 1958)on which the minimum lot area zoning changed from 10,000 square feet to 20,000 square feet, all the lots were held in common ownership by Frank L. Horgan, Sr., and each was undersized.s 13. By deed dated September 11, 1974, and recorded in Book 2094,at Page 301; Frank L. Horgan, Sr., conveyed all the lots to Frank L. Horgan, Jr., Trustee. 14. By vote of TownMeeting on February 28, 1985,the minimum lot area in the RD-1 zoning district increased from 20,000 square feet to 43,560 square feet.'. As of the date on which the minimum lot area changed to 43,560 square feet, all the lots were:held in common ownership by Frank L. Horgan, Jr.,Trustee. 15. By deed dated June 3, 1985, Frank L. Horgan,Jr.,Trustee, conveyed all the lots to Frank L.Horgan, Sr.,and Eleanor N. Horgan. By deed dated June 3, 1985,Frank L. Horgan, d all the lots to Frank L. Horgan,Jr.' Sr., and Eleanor N. Horgan conveye 16. From September 14, 1931, through June 23, 1985, the lots were conveyed together six times by six separate instruments Pursuant to the following description: wn on Plan hereinafter mentioned, four SOUTHERLY by Orchard Road, as sho hundred sixty-seven and 61/100 (467.61) feet; 'None of the lots were "shown on a plan of lots approved by the Board of Survey and recorded ... after March 7, 1950." • 'The BY-law appended to David Scott Horgan's affidavit(exhibit H)is the By-law as adopted he ption es of us through Special-Town Meeting of April 7, 1987. It does not refeed the eree cent in question was adopoed amendments. However,abCcause t that datefor purposesies have rof these motions. on February 28, 1985,I p 'No recording reference is in the record. 6 SOUTHWESTERLY by the corner of Orchard Road and Park Avenue, Sixty-three and 11/100 (63.11) feet; .WESTERLY by Park Avenue, eighty (80.00) feet; NORTHERLY by Lots 28,26A,26,25 and land of H. G. Lumbert, five hundred five and 26/100 (505.26) feet; and SOUTHEASTERLY by land now or formerly of Nelson Bearse,one hundred twenty and 89/100 (120.89) feet. Being Lots 29, 30, 31, 32 and part of Lot 33, as shown on plan.of land entitled "Centerville Estates, Centerville,Mass.,Teel Realty Trust Owner, September 1927", duly recorded in the Barnstable County Registry of Deeds. Being a part of the premises conveyed to Teel by deed from Wetmore Savage Company, dated September 24, 1945, duly recorded in the Barnstable County Registry of Deeds. Together with a right-of-way over Orchard Road and Park Avenue, as shown on said Plan, in common with others entitled thereto, to and from the Public street! 17. From 1945 through 1989,the lots were assessed by the Town as one parcel, first to Frank L. Horgan, Sr.,then to Frank L. Horgan, Jr., as Trustee, and then to Frank L. Horgan, Jr. 18. By deed dated October 19, 1989, Frank L. Horgan, Jr., conveyed lot 30 to Linda H. Horgan. By deed dated October 19, 1989, Frank L. Horgan, Jr., conveyed lot 31 to Frank L. Horgan,III. By deed dated October 19, 1989, Frank L. Horgan, Jr., conveyed lot 32 and part of lot 33 to David Scott Horgan. By deed dated February 1, 1990, Linda H. Horgan conveyed lot 30 to Frank L. Horgan, III. At the time of their conveyances, none of these lots individually met the 'This description is taken from the deed of Frank L. Horgan, Sr., to Frank L. Horgan, Jr., Trustee, recorded in Book 2094, at Page 301. For the most part, the description is consistent with those in the various deeds, differing only in minor and insignificant respects. 7 dimensional requirements of one-acre zoning under.the By-law, in effect since February 28, 1985. 19. In April 1990,the Commissioner issued a building permit to Frank L.Horgan, III,to build one single-family residence on lot 30-31 and a foundation permit to David Scott Horgan for a single-family residence on "Lot 32 and part of Lot 33."9. Subsequently, the Commissioner stayed the permits pending a determination by him on a challenge filed by several abutters. By decision dated December 18, 1990,the Commissioner revoked the permit issued to Frank L.Horgan, III,and ruled lot 30-31 had merged with lot 29. The Commissioner also determined lot 32-33 was a buildable lot and the permit as to this lot was valid. 20. Frank L. Horgan, III, appealed to the Board the Commissioner's adverse decision regarding lot 30-31. Several'abutters appealed to'the Board the Commissioner's decision to issue the foundation permit for lot 32-33. 21. By two decisions dated May 8,.1991,the Board overruled the decision of the Commissioner to issue a building permit for lot 32-33,finding the lot did not constitute a buildable lot. The Board also affirmed the Commissioner's decision regarding.lot 30-31, finding this lot did not constitute a buildable lot. The attached diagram provides a sketch of these recited facts. Summary judgment is appropriate here because no material facts are in dispute. 9Attached to the affidavit of Kevin J. O'Leary, Esq., dated November 14, 1995, are copies of the following documents: Board of Health for the Town -- Application for Disposal Works Construction Permit for owner David Scott Horgan, Certificate of Compliance, and Disposal Works Construction Permit for lot 32-33,each dated.February 2, 1990;Application for Percolation Test and Observation Pits for Lot 32-33 ("AS ONE") for applicant David Scott Horgan, dated January 9, 1990; and"Application for permit to construct single family dwelling" for lot 32-22, for applicant David Scott Horgan,dated April 4, 1990(the application contains a notation at the bottom indicating a foundation permit was issued on the same date). 8 Community National Bank v. Dawes, 369 Mass. 550 (1976); Mass. R. Civ. P. 56(c). Upon consideration of the briefs and other summary judgment materials, I find in favor of Defendants in both cases. At issue is whether Plaintiffs' respective lots constitute separate buildable lots for zoning purposes. To begin my analysis, I first turn to the provisions of G. L. c. 40A,.§ 6, (section 6)and section 4-4.5 of the By-law(section 4-4.5),which control so-called grandfather protection for nonconforming lots. I find lots 30-31 and 32-33 do not enjoy such protection, even assuming --as I do for purposes of this initial analysis-- Plaintiffs are correct in that lots 30 and 31 constitute one lot(30-31) and that lots 32 and 33 also constitute one lot(32-33). Section 6 offers two types of protections: one for lots held in separate ownership and one for a maximum of three lots held in common ownership. Since there is no dispute that in 1985 all the lots in question were held in common ownership, only the second protection is relevant as follows: [a]ny increase in area ... shall not apply for a period of five years from its effective date or for five years after January 1, 1976,whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to the existing zoning requirements as of January first, 1976.... In Adamowicz v. I s�wich, 395 Mass. 757(1985),the court construed.the first sentence of the fourth paragraph of section 6 and concluded the word"recording"in the statute means the recording of any instrument,plan or deed;the statute looks to the most recent instrument of record prior to the zoning change which rendered the lot nonconforming; and a given lot meets the separate ownership requirements of the statute if the most recent instrument of record prior to the zoning change shows the,lot as separately owned, even if previous instruments show it held in common with adjoining 9 o the second sentence of section 6, paragraph 4, as well: � land: This analysis has been applied t Baidi-d v Board of Anneal Qe of xbrid ,395 Mass. 829, 833 (1985). Applying the reasoning in Adan gwia to the facts.at hand,the recording relevantto our analys is is the deed to Frank L.Horgan,Jr.,Trustee, from Frank L.Horgan, Sr.,:dated September 11 i974, because that is the most recent instrument prior to the zoning change in February 1985 which rendered lot 30-31 and lot 32-33 nonconforming (under the assumption noted above). If indeed both lots were protected as pre-existing nonconforming lots, Plaintiffs had five years from ge of the grandfather protection afforded lots held in common February 28, 1985, to take advanta b securing a building permit. However, Plaintiffs did riot even apply for building ownership y until April 1990,two months after any grandfather protection they may have had expired. permits p nF Falco 2 V. 7 onine Board of Anneals of Brockton, 7 Mass. App.Ct. 710, 713 (1979) (in context of the Subdivision Control Law, G. L. c: 41, § 81P, court noted "that mere filing of a permit . application doe s not toll the running of the protection period'j. Therefore,the lots are not buildable lots under section 6. Similarl , Plaintiffs failed to satisfy the criteria necessary to obtain the.grandfather Y protection afforded under section 4-4.5 of the local By-law,.which states in pertinent part as follows: Any lot lawfully laid out on a plan or deed duly recorded . which complies at the time of recording or endorsement, whichever is earlier, with the minimum area, of the zoning bylaw in effect at the frontage,width,and depth requirements, if any, . esidential time of such recording or endorsement, may thereafter be* uponfor quiremen use (notwithstandingthose amendment the time of such endorsement) if. ... in excess of tho 1) At the time of the adoption of such requirements or Wchever occurs tcreased er, or while building on the lot was otherwise permitted, such lot was held in ownership separate from that of adjoining land located in the same residential district; or. 10 2). At the time of the adoption of such requirements or increased requirements, such lot was held in common ownership with.that of adjoining land located in the same residential district, but only for a period of five years from the date of such recording or endorsement, which ever is earlier ....1. Although the language is not identical to that of G. L. c. 40A, § 6, this By-law provision, like that of the state statute,provides two distinct provisions: one for lots held in separate ownership and one- for lots held in common ownership. Also, like section 6, a property owner must take advantage of the grandfather protection within five years from the date of the zoning change which rendered the lots nonconforming. Since neither Plaintiff did so within the allotted five years, neither can claim buildable lot status under section 4-4.5. Having ruled on the non-applicability of section 6 and section 4-4.5 (again,under the assumption-lot 30-31 and lot 32-33 each were individual lots), I am left with the more thorny issue posed by the town,namely,whether lot 29 merged with at least lot 30 or at most with lots 30 through 32 or 33. If lot 29 did so merge,then grandfather protection is unavailable to lot 30-31 and lot 32- 33. In fact,the existence of these two lots would be a fiction, and there would be no possibility of developing any of the lots numbered 30 to 33. 1 find lot 29 did merge with adjoining lots, with ' 1OPlaintiff David Scott Horgan argues that, read:in conjunction, paragraphs one and two of section 4-4.5 give him perpetual grandfather protection. He claims that, since building on lot 3 was otherwise permitted until February 28, 1990, under the common ownership provision of paragraph two, once he obtained ownership in September 1989, the separate ownership provision of paragraph one is triggered. Plaintiff claims that, since paragraph one does not contain the five year time limit on grandfather protection, his right to build on the lot is perpetual. This argument attempts to impermissibly"parlay one dispensation into another." v Board of npgals of Wareham, 33 Mass. App. Ct. 55,60(1992), r r on Mass. 329 (1993). In addition,the use of the word``or", separating the two provisions of section 4- 4.5 provides clear indication that the intent was not to pile one grandfather protection on another." Pr�nrn v Board of AR;Pals of Falmouth_, 29 Mass. App. Ct. 9E6, 9E7 (1990), LAhff_==11= review denied, 409 Mass. 1102 (1991). 11 respect to zoning,to the extent necessary to bring lot 29 in compliance first with the 1958 By-law amendment and later with the 1985 By-law amendment. . I found no cases addressing the question directly, and none are cited by counsel. However, Sorenti v Board of Appeals of Wellesley., 345 Mass. 348 (1963),and%browski v. Board of Anneals of Beverly, Misc. Case No. 153543 (Land Court Feb. 26, 1992) (Kilborn, J.), art instructive, particularly in the context of the so-called law of merger. la Alley v. Building. Inspector of Danvers, 354 Mass. 6 (1968); Bouffard v City. of Peabody. onin Board of Anneals, 3 LCR 230 (1995). In. orenti,the plaintiff had at one time'owned two adjacent lots(lots 1 and 2 in my recount of the facts). Each lot had frontage of 9.9 feet, which was not enough to meet zoning frontage requirements. Subsequently, the plaintiff sold lot 1, which then was built upon, and attempted unsuccessfully to obtain a permit to build on lot 2 on the basis of a nonconforming exemption. The court ruled the building of a dwelling on lot 1 "exhausted [the plaintiff's] right to build structures [on lot 2] on the basis.of the :.. frontage." 1 ,at 35.3. The court reasoned, that an owner who has or has had adjacent land has it within his power, by adding such land to the substandard lot,to comply In other wordsth the , the owner canno requirement,or,at least, t avail to make the frontage less substandard. himself of the nonconforming exemption unless he includes his adjacent land in order to minimize the nonconformity. (Citation omitted). In BobBob the.plaintiffs conforming lot was held non-buildable because the . conforming lot was held in common ownership with the plaintiff s nonconforming lot. The court concluded that an improved`.`lot" is subject to the same considerations as to merger.of lots more particularly,the policy of minimizing non-conformities -that apply to vacant lots ...... 12 J- The law of merger in a zoning context also is helpful in resolving the instant issue. "The usual construction of the word `lot' in a zoning context ignores the manner in which the components of a total given area have been assembled and concentrates instead on the question whether the sum of the components meets the requirements of the by-law." Becket V. Building Inspector of Marblehead, 6 Mass. App. Ct. 96, 104, further appellate review denied, 375 Mass. 788 (1978). "Conformity to the requirements of the zoning ordinance is achieved in-such a case by treating the ostensibly conforming lot as servient to the nonconforming lot to the extent necessary to achieve compliance with the area ... requirements of the zoning ordinance at the .time of the transfer." DiCicco v. Berwick, 27 Mass. App. Ct. 3121314 (1989) (citations omitted) (the merger in DiCicco resulted in a remainder lot consisting of 1000 square feet with 40 feet of frontage)." Prior to 1958, lot 29 consisted of 12,240 square feet. To satisfy the 20,000 square foot requirement of the 1958 By-law amendment(when all the lots were owned by Frank L. Horgan, Sr.), 7,760 square feet of lot 30 merged with lot 29 to form a conforming lot (lot 29-30). The remaining neighboring lots -- lots 31, 32, 33, and the remainder of lot 30 (approximately 4,900 square feet)were not affected by this merger. However, further merger occurred in February 1985, when the gy-law was amended to increase minimum lot size from 20,000 to 43,560 square feet. In February 1985, Frank L. Horgan, Jr., Trustee owned all the lots.--He had the opportunity to reduce the nonconformity; alternatively, he had five years to act to preserve his rights under section 6 and section 4-4.5, yet he did not. Therefore, the law of merger took effect and lot 29 merged with the. "Although I acknowledge DiCicco as precedent, I also recognize the unfortunate outcome of the creation of a unbuildable lot from the remainder of the abutting parcel used to bring the improved lot into zoning conformance. 13 adjoining parcels to the extent necessary to satisfy the new minimum lot area requirements. Thus'. lot 29 merged with lots 30, 31 and 32 -- to the extent necessary to meet one acre zoning - with the unfortunate result of leaving an unbuildable remainder lot comprised of lots 33 and part of 32(4,885.. square feet of lot 32). I conclude the building on lot 29 exhausted any future right to build on the adjoining lots, to the extent necessary to bring lot 29 into.minimum size compliance under the By-law(see attached diagram). This conclusion is consistent with the policy of minimizing zoning nonconformities. Indeed, the conveyances of lots 30 through 33 out of a common owner after the 1985 amendment only exacerbated the nonconformity as to lot 29. To allow a landowner to sidestep. local zoning in a way that creates a nonconformity would promote inefficient land use. I therefore uphold both decisions of the Board and grant. summary judgment in both cases in favor of Defendants. Judgment accordingly. Caryzi Faith Scheier Justice . Dated: October 9, 1996 14 Misc. Case #163150 ar Misc. Case #163151 ( LOTS) 29 30 31 3 Z 3S 1 i2,zrao i t2,1�� � It,'1oo f iv,9Ts ! ��j5 FrrA f QT 4 Arm, j94 t3 t I�58 : A L.L. l.oTs ®b.1f•1liDL.�• 4 M TiJRP. FRb.ty�c l.. �oRe�� 5R. C � eZ to%w. Rug 40 � • ' 85 : SPY• "14 = �R,a.IK L. NIA r�. Lod y, i rRAWK to. I R FWM Zoac+��Ts 'ro Fl.,t�•, ��., � �L�a�o . i AORG&t'lt Jog' y 3'R., C0jye1(5 LvT 3D 'f0 G � GOMMo� � F ow�JCl�sr�i Pftwi K MgA*li III wNVE� �(o 1=3Z'fo P6►v�D �v1TOI '� a �,►J IL 1•.�RG4�1� I�I . L • 1 O IPA E V ML�RGt t o�vr �c p v.'f 6O h'� TOWN OF BARNSTABLE ' BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. DATE JOB LOCATION oZ -Number Stree address Section of town "HOMEOWNER" 'Name Home phone Work phone---- PRESENT MAILING ADDRESS �l� Z / aR, " clty/towyl State Zip code The current exemption for "homeowners" was extended to include owner-occupie 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(sf who owns a parcel of land on which he/she resides or intends to re 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 bej considered 'a homeowner. Such "homeowner". shall submit to the Building Offic. , on a form acceptable to the Building Official, that he/she shall be responsi ' for all such work performed under the building permit. (Section 109.1.1) The undersigned "homeowner" assumes ,responsibility for compliance with the ST Building Code -and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirement: and that he/she will comply with said procedures and requirements. HOMEOWNER'S SIGNATURE 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. 01 Construction Control. HOME OWNER'S EXEMPTION The code state that: "Any Home Owner 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 0wr. 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 awaren 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 "Owner act as supervisor is ultimately responsible. To ensure that the Home Owner- is fully aware of his/her responsibilities,. m, communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On C 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. Town of Barnstable . V Planning Department Staff Report Appeal Number 1998-30 - Snow/Bacas Appeal Decision of Building Commissioner Date: February 5, 1998 To: Zoning Board of Appeals From: Approved By: Robert P. Schernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog,Associate Planner Applicant: John Snow and Florence Bacas Property Address: k 26-Cherry Tree Road, Cotuit, MA - Assessor's Map/Parcel: Map 019, Parcel 104 Area: 0.49 acres Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection'District Filed: December 9, 1997 Hearing:February 11, 1998 Decision Due:March 19, 1998 plus 30 day ext.(April 18, 1998) Background: The applicants are appealing the Building Commissioner's decision to issue a building permit(Permit# 27396) to allow construction of a single-family residence at 26 Cherry Tree Road, Cotuit. The applicants are the owners of the adjacent lot to the east(Map 019, Parcel 157). The applicants contend that the subject lot is not a buildable lot under zoning. History: A Subdivision Plan, dated August 11, 1960, was recorded at the Barnstable Registry of Deeds in 1961(Plan Book 159 page 91). At the time this Subdivision Plan was recorded, the lot in question was (as it is today) 0.49 acres or 21,499 sq. ft. in area. In 1960, the subject site was in an RD-2 Residential D-2 Zoning District which required a minimum lot area of 20,000 sq. ft. In 1973, the property was rezoned to an RF Residential F Zoning District and the minimum-lot size was increased to 43,560 sq. ft. At the time of this zoning change, three lots, No. 21', 27 and 28, were held in common ownership under the name of Ina Sweeney -today's Map 19, Parcels 160, 104 and 105. Parcel 104 (Original Lot No. 27) is the subject of this appeal. In 1988, Mr. O'Brien purchased the lot from Mrs. Sweeney and secured a building permit for the lot and initiated a building foundation. The construction ceased apparently due to personal circumstances of Mr. O'Brien and the lot was transferred,to his mother, Marilyn O'Brien. At some time later, Mr. O'Brien attempted to secure a building permit for continued construction of the dwelling, but was denied.' In February of 1996, Marliyn O'Brien was granted a variance from the minimum lot size requirement of one acre to allow the petitioner to construct a single-family dwelling on the subject property.(Appeal No. 1996-22). Sources: Testimony given in Appeal No. 1996-22. j Town of Barnstable-Planning Department-Staff Report Appeal No. 1998-30-Snow/Bacas Appeal Decision of Building Commissioner On March 13, 1996, Florence Bacas and John T:Snow(the applicants in the present appeal) appealed this decision of the Zoning Board of Appeals. The case is still pending. On November06, 1997, the Building Commissioner issued a letter on the subject parcel citing that it was his opinion that the lot is buildable and that the previous variance issued is not necessary. On December'01, 1997, the Building Division issued a building permit for the subject lot to Marilyn O'Brien. On December 09,1997, the issuance of the building permit was appealed to the Zoning Board of Appeals by Florence Bacas and John T. Snow. Section 4-4.2(2) Nonconforming lots -Common Lot Protection: "Any increase in the area,'.frontage, width, yard or depth requirement of the Zoning Ordinance shall not apply for a period of 5 years from the effective date of the change, to a lot for single or two-family residential use that: A) is held in common ownership with not,more than 2 adjoining lots; and B) had a minimum of 7,500 sq. ft. in area and 75 feet of frontage or the'minimum frontage requirement for the zoning district in which it is located; and C) was recorded or endorsed on a plan that conformed to zoning when legally created; and D) conformed to applicable zoning requirements as of January 1, 1976. The protection afforded by this paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence." Staff Review: The parcel in question (No. 104)was held in common ownership with two other contiguous lots in 1973. Given the zoning change and age of the subdivision, it appears that the entire 1960 subdivision may have exhausted all grandfathering rights prior to the 1973 rezoning and its increased lot area requirements. The New Zoning Act- MGL Chapter 40A-of 1975 provided that an endorsed and recorded subdivision .would be grandfathered for 7 years from the date of endorsement(Section 6).'The 13 year old subdivision would have expired any grandfathering rights that were granted to it under zoning in 1967, prior to the enactment of the New Zoning Act. As the Board is aware, the."two bites of the apple concept" or the"piggy-backing" of grandfathering rights is not permitted. That is to say the piling of one grandfather protection on another, is not recognized as a right under zoning. You can not take your 7 year grandfathering rights and then add your 5 year common ownership grandfathering rights to it. This has been upheld in recent court appeals, specifically Horgan vs. the Town of Barnstable Zoning Board of Appeals (see attached, Page 245, footnote 10). Another important point in this case appears is provision D (of Section 4-4.2(2))which reads"conformed to applicable zoning requirements as of January 1, 1976." In 1975, Chapter 808 struck out all sections of the then MGL Chapter 40A"The Zoning Enabling Act" and replaced it with the present MGL Chapter 40A "The Zoning Act". All of the zoning regulations, state and local, changed to reflect the"new zoning". Common lot protection was first included in the Barnstable Zoning By-laws in 1977 (ATM 11/5/77, Art. 21). This section was later amended in November 2, 1995. Both of Barnstable's non-conforming provisions as well.as. MGL Chapter 40A, Section.6.stipulate that in order for a lot to avail itself of the 5 year common lot protection afforded under zoning, the lot must have"conformed to applicable zoning requirements as of January 1, 1976 2 Town of Barnstable-Planning Department-Staff Report Appeal No. 1998-30-Snow/Batas Appeal Decision of Building Commissioner On January 1, 1976, the"applicable zoning requirements for this district were 43,560 sq.ft. minimum lot area, and 150 linear feet of frontage. On that date, this lot contained only 21,499 sq. ft. in area. Given that the lot did not"conform to applicable zoning requirements as of January 1,.1976" it appears that it may not have qualified for the common lot exemption,and therefor could not be a . legal pre-existing non-conforming lot under MGL Chapter 40A, nor Section 44.2(2) Nonconforming lots-Common Lot Protection of the Barnstable Zoning Ordinance. Attachments: Applications,Assessor Map,Subdivision Plan Reduction,Letter of November.6, 1997, copies: Petitioners/Building Commissioner 3 TOWN -OF BARNSTABLE zoning Board of Appeals Alication for Other Powers ) Date Received For. office "W- o Town Clerk office DEC. ' 997 Appeal # Searing Date 1 Q8 Decision Due The undersigned hereby applies to the Zoning Board of Appeals for the reasons . indicated: Applicant Names John Snow/Florence BaccaaEP ssI , Phone (508.).' _362-6262 Applicant Address: c9/90�TiqTlow D e C� Bok P4 0C' Yarmo uth=n=t , MA 02675 Property Location: -1- ocation: 7 0 Oakwood Road; Cotuit', MA'S 02 63 5 This is a request for: [] Enforcement Action r4 Appeal of Administrative officials Decision [] Repetitive Petitions [] Appeal from the Zoning Administrator [] other General Powers -.Please specify: Please Provide the Following information (as. applicable): Property owner: Marilyn 0 'Brien , Phone Address of owner: 26 Cherry Street Zf applicant dSffera from owner, state nature of interest: Abutter Assessor's Hap/Parcel Number 19./104 Zoning District RF Residential F Zoning Groundwater overlay District Which section(s) of the zoning ordinance and/or of HGL_ Chapter 40A are you appealing to the zoning Board of Appeals?I Building Inspector' s Decision to .issue a building permit None yet Existing Level of Development of the Property - Number of Buildings: ft. Present Use(s) : Gross Floor Area: sq. Application for other Powers Nature b Description of Request: Appeal of Building Inspector' s Decision - to issue a permit Attached separate sheet. If needed.. . Is the property located in an Historic District? Yes [] No )f xf yes ORH Use only: Plan Review Number Date Approved' Is the building a designated Historic Landmark? Yes [] No If yes His Preservation Denartment 'Use Only: Date Approved Has a building permit been applied for? Yes ] No [] Has the Building Inspector refused a permit? Yes [j No Has the property been before Site Plan Review?. Yes [j No [] For Building Department Use only: Not Required - Single .ramily [] Site Plan Review Number Date Approved Signature: 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. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination. signature: CdL Date: / J Ap 'can o A nt's Sign at �jy� al� ccxe; Agent's A dress: U Phone: Fax No. Town of Barnstable Zoning Board of Appeals Decision and Notice - Appeal Number 1996-22-O'Brien.. Variance-Section 4-4 Nonconformities/Minimum Lot Area Summary Granted with Conditions Applicant&Owner. Marilyn O'Brien Applicant's Address: 26 Cherry Tree Road, Cotuit,MA Assessors Map/Parcel: 19/104 Zoning: RF Residential F Zoning District Applicant's Request: Variance to the Zoning Ordinance, Section 4-4 Nonconformities. Background Information: Marilyn O'Brien has petitioned the Zoning Board of Appeals for a Variance to the Zoning Ordinance; Section 4-4 Nonconformities. The Applicant states that the lot was held in common ownership and the requested relief is for lot size. The lot at 26 Cherry Tree Road was owned in common with adjacent lots Map 19, Parcels 105.and 160 by Inamary Sweeney from October, 1972 to July; 1973. A change in the minimum*area required, by zoning in this area from 20,000 sq. ft. to 43,560 sq. ft. was passed at the Town Meeting March 2.4, 1973. Section 4- 4.5, Paragraph 2 states that lots in common ownership at the time of adoption of a zoning change may be built on for five years following the date of recording or endorsement of a plan, but not after the five years has expired. An adjacent lot has transferred in and out of ownership by Inamary Sweeney numerous times since 1973. The applicant admits common ownership at the time of the zoning change, and is seeking relief to rectify the nonconformity. Cherry Tree Road east of the lot has never been constructed, and trees and brush are growing in the layout Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 25, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40K The hearing was opened on February 28, 1996, at which time the Board found to grant the appeal with conditions. Board members hearing this appeal were Ron Jansson, Emmett Glynn, Tom DeRiemer, Gene Burman, and Chairman Gail Nightingale. . The petitioner, Marilyn O'Brien was represented by her son Shawn E. O'Brien and his Attorney Gail Balser. Mr. O'Brien bought the lot in 1988 from Mrs. Sweeney. Af that time he was issued a building permit and started to excavate for a foundation. Personal circumstances arose that forced him to sell the lot to his mother and stop construction on the dwelling. The original'building permit expired and when Mr. O'Brien went to the Building Commissioner to get another permit it was discovered that his mother had held three undersized lots in common ownership. Grandfathering on those lots had expired and for the purposes of zoning had become one: The petitioner is seeking relief to rectify the nonconformity in lot size. . It was explained that the lot is over 20,000 sq.ft. and building'a home on this.lot would not be detrimental to the neighborhood. Most of the lots in the area are similar or smaller in size than the subject lot. All of the surrounding lots have been built upon and there exists no land area for acquisition to bring this lot into . conformity with today's one acre requirement. The lot Mrs. O'Brien held in common ownership with this lot was built upon in 1988. Mr. O'Brien also stated it would be a financial hardship if he could not build on this lot in that it is the only lot he owns and is seeking to relocate his family back into Cotuit. Financial Ze ,.;peals-Decision and N. 996-22-O'Brien ns forced him to sell his home several years a9 o. That dwelling was located•in'the neighborhood neighborhood. relief; or ne has since desired to come back to that nei9 under which the petitioner should be seeking section u bulk regulations, minimum lot size. . '. Board questioned if this is the proper have been filed as a petition for a Variance from bite sought is for lot size and the fact that Auld this ha h Crossen stated that the relief being . 9 issioner Ralph ownership. The Board noted that in the determ ned that t itlwas iding Comm lots had previously been held in common o f common ownership and relief from lot siz�e�wrfiere cited. The .th the issue o and to rule up `hin its power to continue with the appealcommon ownership for only was unique in that it is onoemf the larger lots in the Gail Balser expressed how the topographyThe lots were held In c .tomey lots are developed. that Mr. O'Brien had,suffered and the need. �ighborhood and all surroundintated by the financial hardship his plans to build, vo months and this was precip . mil 's assets. If the Petitioner cannot continue to develop protect the last of the fa Y a�at Cherry Tree Road ;sere will be a financial hardship. noting a paper road and undeveloped. o ec he earth material behind hO discussed the nature and co Street is f the roads within the area uestl he Board d The Board q ed to this lot, Oakwood Stre Tree Road. It was==xplained that this noted develop of Cherry. . subject property are accessed viaoea ed n h from d Shell Lane. was fully located ,_pon the lot and is not ,u 1 that was reported to have been dr pP brought into the site for part of the construction and that l was fill 9 on the designated way or the lot and it was noted that.the almourt ot s0i 0assessment as a . The Board questioned how much was p aid f aid.on that Tod the lot is assessed at$45,000 and taxes are being P d that the 1990. To y be buildable lot. and grading hac Albert Hitchins noted that half fat some of c een�,;iingoze an ra by Public testimony was taken and a or topography opposed the granting of relief citing that no soil. ShaP which should be returned to a more naturall state. He also stated n off into tie roadway' lot shocauses ru been done on his lot. .John.Snow Opp topographyartl on this lot. Don Cameron is t continue through and Willow Street is a wetland which he believes exists partly uniqueness exists. He also stated that the steep. eventually makes its way into Tree Road does opposed to the appeal and cited that Cherry and Ctprint.: only a paper road. h1r. urchasing the land. After.the recedes? in sF`ting minutes to allow a discussion between the Petitioner's A om The Board recessed for five stated she is not an abutter, Cotuit-that it is his boyhood home and that he is not interested Brandy, who stated she would be interested In P family. Ms Brandy O'Brien stated that he grew up m I de Takata lives across the street and stated he-had no d but wants to live on it with his children ildren and close to his the Ian in of the lot. Y .. opposed to his developing objection. t is unique in topography by its slopping off into a wetland '=rea. The Attomey summarized by saying this to of Facts: public hearing on this appeal;the Board unanimo�, bound Finding iven during the p on the testimony 9 ' Based up s of fact: in finding g Cherry Tree Road, Cotuit and is shown as Assessors Map the follow 9 in is. at 2 wires a 1. -The property District which req Parcel 104. sists of a lot that is 0.5 acres in an RF Residential F Zoning 2. The property c e acre. predates the 1950 inception of minimum of on ed this lot consists of several lots which 3. .The subdivision that Great their boundaries, but zoning in this area. well to the current requirement for is to the locus are all similar in o thos_edots.complydefined y 4. The surrounding to . are incapable of further subdivision because none 2 ZoningdBoard of Appeals-Dec and..-cice Appeal Number 1996-22-O'Brien one acre in zoning. As a result, their boundaries are fixed, topographical features and there is no additional land.available from which this subject lot could be.expanded in area. 5. This lot is encompassed by Cherry Tree Road and can not be expanded in that direction either. It is also encompassed by four other lots all of which are undersized with respect to the Town of Barnstable Zoning Ordinance, minimum lot size. All of the adjoining lots are built upon. This lot in this particular area is the only lot without a dwelling on it 6. Chapter 40A, Section 10 states that"...the Zoning Board of Appeals.has the right to grant a Variance owing to soil conditions, shape or topography of such land or structures and especially affecting-such land or structure but not affecting generally the zoning district in which it is located, a.literal . enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise..." 7. It is the location of these bounds, adjoining developed lots and designated ways, that create the unique topographic features for the subject lot. Adjoining developed lots cannot be further divided and affixed to the boundaries of this lot. 8. The petitioner paid a significant sum of money for the lot and has been paying full and fair market . value assessment for this lot. 9. To deny the Petitioner the relief being sought would be a significant financial hardship to the Petitioner in view of the fact that the lots throughout the neighborhood are of the same size or smaller. 10. In granting the relief being sought it would not be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance nor would it be detrimental to the neighborhood affected. Decision: Based upon the positive findings a motion was duly made and seconded to grant a Variance from the. required minimum lot area with the following conditions: 1. Only a single family dwelling is allowed. 2. The construction of the house and the septic system must comply at all times with the provisions of Title V Regulations. 3. The lot itself must be returned to its natural state after the construction of the house and the piles of dirt are to be blended in to the surrounding surfaces in order to reduce the visual pollution.in the area and this is to be done so as to conform to the overall aesthetics of the neighborhood. 4. The materials themselves are to be removed from any encroaching land and put solely and totally on the land in issue. The Vote was as follows: AYE; Tom DeRiemer, Emmett Glynn, Gene Burman, Ron Jansson, and Chairman Gail Nightingale. NAY: None. Order: Variance Number 1996-22 has been granted with conditions to this undersized lot to permit it to be considered buildable under zoning. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any,shall be made to.the Bamstable Superior Court pursuant to MGL Chapter 40A, Se 'on 17,with' twen (20)days after the date of the filing of this decision i the o ice of the Town Clerk. , 1996 Gail Nightingale, C irman Date Sign d I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of .1996 under the pains and penalties of perjury. Linda Leppanen,Town Clerk 3 esry �� •o 01� 4 d 1 ^ 1 '` iSdR;;J• ^'6v• i �p [a I W �I �J10 �\/0 a 4 r' oa t ra• •� � W vIA � , o Q� � o ���1�?reh��•'' •r ;�,,, ����• 4y.•+�Y; 3r. ;, "►air' �a�� ''�. ^.. .. _i; i' � v .• - .1 ram, � � ,, , , t�:..;�x ��_ u N •tt we •' ° ° �� �� •� .•' ^bit'. ..: o MM O " ��. Dom•.,, r` .. � �••i O � � ` 0 N ti ��, ,� o ♦ �.` ,Q a loi" r4 a '' . 9ti s9•�e o•rot '�/' � �s o '�.a rO-�`0 'oo ' , ;: 99. r'.' Q �-po• ` ;•�� •/'�0. y v ` i +•V �DO o'er-• a •�• 'O•r�w � r y �>. �:`/�'��`•• s'' � : Q t Y .Q '! \ 1• `(rte J Sr r.7,v. •1<Ie f \o. °• Z• ct � C �`�� 4 '•fie. . •�' � �1 69. L G ),rr N 0 C rot a 4 d•. .�a� ° �. oo. 0 Q . ° eb •. vs. �. IV _ AY .._ L10 w �� �'�• Oy O``� a 7_ +',�O`0��.� ' V w. lb u I D Cl, �! �1i1 �i�• F w h•: O _ nri � � tr •A•. rl I o L L 7 C � .. �V^• '�v. I, s L EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET P. O. BOX 393 OSTERVILLE,MASSACHUSETTS 02655-0393 FACSIMILE (508)428-41 t t (508)428-4800 Ralph Crossen October 2 , 1997 Building Commissioner Town of Barnstable 367 Main Street Hyannis, Mass . 02601 Re: Lot 27 Cherry Tree Lane Cotuit Assessor' s map 19 parcel 104 Dear Ralph: Enclosed you will find the following: 1 . Copy of a portion of subdivision plan ,dated August 11, 1960 and recorded at Barnstable Registry of Deeds Plan Book 159 page 91, with Lots 21, 22 , 23, 26 , 27 , and 28 highlighted. 2 . A copy of the assessors map 19 whereon the subdivision lot numbers and the corresponding assessors parcel numbers are shown. 3 . A chronological history of lots 21 , 27 and 28 all of which were in the same common ownership ( Inamary Sweeney) at the time of the zoning change in March of 1973 . 4 . Chronological history of Lots 22, 23, and 26 all of which were in the same common ownership (Ronrick Trust,. Elaine Mycock et al Trustees) at the time of the zoning change in March of 1973 . •- 5 . Copy of the Barnstable Zoning Bylaw as it existed during relevant time periods . 6 . Copy of decision of ZBA• in Fulham'. Based upon a review of this information, it is requested that you issue a written determination that subdivision Lot 27 , being assessor' s parcel 104, is a legally protected nonconforming building lot, and entitled to a building permit. It is clear from the chronological history of all six lots that ' each and every lot was. held in common ownership with an adjoining lot at the time . that -the area requirement in the district was increased from 20 , 000 square feet to 43,'560 square feet. Ralph Crossen October 2, 1997 page two Each lot was thereby rendered nonconforming and none of.'the lots were protected under the provisions of the ordinance ..which applied ' . to lots "held in ownership separate from that of adjoining land".. . . . "at the time of the adoption of the increas.ed. requirements Yet five of the six lots subsequently obtained building permits and I believe these were issued after the expiration of five years from the date of the zoning change. The reason is that the bylaw contained the provision that if a "lot was held in ownership separate from that of adjoining land . . . "at a time while building on such a lot was otherwise permitted" (i .e. within five years after the zoning change) :.. . . "it may thereafter be built upon for residential use" . Each of these lots, including Lot 27 went into separate ownership shortly after the zoning change and . long •before the expiration of the five year period during which building was permitted. The recent amendment to the bylaw which rewrote the nature of undersized lot protection with respect to lots created after 1976 did not serve to divest the protection which the earlier bylaw gave to those lots created in 1960 , and which were in separate ownership at the time of the amendment . Based on the foregoing and your consideration of same, I would ask your written determination that Lot 27 is entitled to a building permit. If any further information is needed, please do not hesitate to call . Ve truly ours, Edward W. Kirk EWK/se w/encl . CHRONOLOGY OF LOT HISTORY. YEAR 1960 PLAN APPROVED AND RECORDED ALL LOTS 20, 000 OR MORE 1973 (Mar . 24 ) ZONING CHANGES FROM 20, 000 TO 43, 560 LOCUS LOT 21 7 LOT 28 . 1973 INA SWEENEY'\ INA SWEENEY INA SWEENEY (Mar. 24 ) 1973 AMY LOCKE MARGARET MCCANN INA SWEENEY (June 25 ) 1985 JOHN SWEENEY ANN JONES INA SWEENEY CONSTANCE PIERSON PAUL SWEENEY 1987 OAKDALE TRUST,. ANN JONES TRESCO LTD. CHAS . GIRARD, CONSTANCE PIERSON TRUSTEE . PAUL SWEENEY 1987 OAKWOOD REALTY. PAUL SWEENEY INA SWEENEY TRUST, JOHN CONSTANCE PIERSON . SWEENEY, TRUSTEE ANN JONES 1988 OAKWOOD REALTY. ' JOHN J. TEGAN THUET AND BANDI TRUST, JOHN SWEENEY, TRUSTEE. 1989 RAYMOND GREEN, INC JOHN J. TEGAN THUET AND BANDI 1990 SUSAN & RICHARD INA SWWENEY THUET AND BANDI CLEMENTS * 1990 SUSAN & RICHARD MARILYN OBRIEN THUET AND BANDI CLEMENTS r " YEAR LOT 23 LOT 26 1968 ELAINE MYCOCK, JAMES &" EL.IZABETH TRUSTEE RONRICK TRUST SOUZA 1972 ELAINE MYCOCK, ELAINE MYCOCK TRUSTEE RONRICK TRUST TRUSTEE RONRICK TRUST 1973 March 24 ) ZONING CHANGES FROM 20, 000 TO- 431560 1973 RONALD J. MYCOCK ELAINE MYCOCK deed dated 5/29/13 TRUSTEE RONRICK TRUST recorded 6/29/73 1987 ELAINE MYCOCK RONALD J. MYCOCK, deed dated 6/29/73 TRUSTEE, L& S FAMILY recorded 8/20/87 TRUST deed .dated 8/7/.87 recorded. 8/20 j87. . 1987 RONALD J. MYCOCK . , dated and recorded 8/21/87 1987 JOHN J. MCSHANE MCSHANE CONSTRUCTION CO. deed dated 8/27/87 deed dated 8/27/87 recorded 8/28/87 recorded 8/28/87 1988 ' PRESCOTTANO BACAS & SNOW BENNETT 12/16/88 6/13/88 1997 DEGNAN BACAS & SNOW JHE The Town of Bari.,lstable KAM• s�axsrest�. • 9e� �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 . November 6, 1997 Edward W.Kirk Attorney at Law Wianno Place 901 Main Street Osterville,MA 02655-0393 Dear Eddie: I read your letter concerning 27 Cherry Tree Lane in Cotuit and after a long time researching the issue, I believe I have an answer for you. Your situation involves a lot that was commonly owned during the 5-year period after the by-law change in 1973. One of the two lots(not yours)was conveyed out during this five year period and it is your position that yours became"otherwise buildable"by this action. It is also convect that if the same situation were the case after 1976,the new ordinance would allow buildable status for your lot. After review of all the facts,and especially the Horgan case`-and recent Zoning Board actions,I. am now of the opinion that 27 Cherry Tree Lane is a buildable lot and entitled to a building permit. I believe the facts are different enough to support this conclusion. The previous variance issued by the ZBA,I believe, is not necessary as the new evidence and supporting documentation supports this new.conclusion. . Sincerely Ralph Crossen Building Commissioner ' RC:lb cc: ZBA Town Attorney g971106a u QUIRK AND CHAMBERL N9 P.C. U C-Atozn i i and (�OU12 L p 1£LLOZi.Jat RIdT ' 99 WILLOW STREET. . JAMES H. OUIRK•JR. POST OFFICE BOX 40 ROBERT C. CHAMBERLAIN YARMOUTHPORT. MASSACHUSETTS 020i-OOOQ -C. .,�© • ' BARNSTABLE OFFICE" PAMELA B. MARSH 508/362-6262 POST OFFICE BOX 92 THOMAS J. PERRINO BARNSTABLE. MA 02630 FACSIMILE 508/362-6060 ANASTASIA WELSH PERRINO 508/362'-4314• ' OF COUNSEL . WILLIAM E.CROWELL.JR. December 8, 1997 Chairman, Board of Appeals Town of Barnstable Hyannis, MA 02601' RE: APPEAL OF BUILDING INSPECTOR, RALPH CROSSEN'S, DECISION TO GRANT A BUILDING PERMIT AT� 23 CHERRY TREE, COTUIT, IN THE NAME OF O'BRIEN OUR FILE NO. 902/8455 Dear Sir or Madam: , - This letter constitutes 'a notice of appeal. of the decision of the Building Inspector, Ralph Crossen', to grant a building .permit on, . property which is presently subject -to an appeal of the gant of 'a variance by the Board of Appeals. At the request- of. Mrs. O'Brien' s attorney, the Building Inspector has re=examined his original rationale for determining that a .variance was required and issued a building permit to 27 Cherry Tree, Cotuit. The letter to the Defendant's attorney is dated November 6, 1997. No notice of this action was ever provided to the abutters, John Snow and Florence Bacas, the Plaintiffs in the Superior Court action.. Since the 30th day would have been on Saturday, their right of appeal should be through today' s date. Mr. Snow and Ms. Bacas, by raising this appeal, do not waive a claim that they were entitled to: notice of the Building Inspector' s decision in view of the pending lawsuit: This letter, therefore, constitutes an appeal of the grant by the Building Inspector of the building permit on the O'Brien property. If, as a result of this correspondence you -,have any questions, please do not hesitate to contact me regarding same. Very truly yours, QUIRK AND CHAMBERLAIN, P.C. James H. Quirk, Jr. , Esq.J JHQ/mre MAP 1 .9. Parcel `aNr _ •.�\ ��—" 1!r' .ice IlO � I'D .•;'�,� 109 P 86 r ues[ 149 123 Ilo It t ;, 122 ' o, �z` ,r np - 98 - \ �� � lot aer j Y� 99 t MIN I.uK o `I Itfigs.' t 9 101-1 ' 4't i ll I J sm -3 4 106 test TRE'T ' 130-2 128 1t ao]�[ ' 160 , ' 15 OAK aor 177 ysc1162 105 1 ry C� I C" I$ 1 j /751 �• ,58 INC, im I 10 lull 26OIL WIC\ c \ 24 22 91 9 20 Is3 \\\ 187E M on �. p-9 �R` Rsr al d rt�r 81 `i� .ar omlc y 5o7 RISC W W 32 S W 43 LU OAK , WI^ _na Is N Ile � 42CA 1'. sr 5 �' 06 ON fill OYI AC Ihl f1iC fAl a 10a Tl1 1 Rux - , 7 1 34 _ }(I -55-1 ovic j 0 rn g Imlc J i 104 a t Dnr aer i 1 . 55-2 ns 35 31 F .t024 on Rstt �� om 11 U49 ` 3�t } 36 4D-2 1_ STANDARD LEGEND N "miff r`' HSIFmtlISFFsnwo +T'-c ®&DFTM a IWDU= -�•• 901BA610N. _ SWAM te�llalsttsta Comm E --= MDFtlD91 `�- � �-- vfim"mI ffm - FM � mt�l/Sml Ot=otnzw {G�---MY®ew + rAruUmm '-- IEamcFalt o• NlvoOlfaimuwRa mmtm um 2mmmmaeult auWotalltd r+µ mwmm/fim j Plmoulp0V-M �18 SQ! fA1N/IMa IDIMCDM M tEB[>D pm lilAwehbroypos•q. r � i 1 LOT 22 LOT 21 166.00' i LOT 27 21,499 s.f. EXISTING z z N FOUNDATION Ln c LOT 28 20' W o 96' LOT 26 i N Ln f 166.10' CHERRY TREE ROAD 40' WIDE CERTIFIED PLOT PLAN TOWN: BARNSTABLE, (Cotuit). MASS. AfA QTT ZTAT T) nT7-17! r lY:%.L 11,11-1 1 1V lJ Dl-,1Lly SCALE: 1"—30' - DATE" .1 /2/98 REF.: �qN OF MqS I CERTIFY THAT THE ABOVE.DWELLING IS LOCATED ON THE GROUND AS SHOWN. F,P Is, THAT IT: CONFORMED TO THE TOWN'S ZONING SETBACK REGULATIONS AT THE .TIME 2� �y IT WAS CONSTRUCTED AND THAT THIS MORTGAGE INSPECTION WAS PERFORMED IN . CHRISTOPHER ACCORDANCE WITH THE TECHNICAL STANDARDS FOR MORTGAGE LOAN INSPECTIONS o COSTA AS ADOPTED BY THE MASSACHUSETTS ASSOCIATION OF LAND SURVEYORS AND CIVIL Na 31305 ENGIN'E£RS; iN`C�tP AT THIS LOT .{S NOT fN THE FL'0`OD' 'PLAIN. �FGISTE '� su CHRISTOPH C A P.L.S. DATE ,26 CI-3RI.S'T'O.PHE'R COSTA 8c assoc. D rl ❑r)v i )Q IA.rr, AAAIAI CTDr'V-T FACT F-AI 6Ani ITN AAACC Emmett F . Glynn March 17 , 1998 ,-page two The amendment was not intended to repeal or "divest" the 6buildability" of those pre-1976 lots which. had been transferred into separate ownership within five years of a zoning change, and whose protection had therefore already vested under the earlier version of the bylaw. The O'Brien lot was in separate ownership within a matter of months of the zoning change in 1973 and has remained a buildable lot for 25 years . Thank you for your thoughtful consideration of the issues, and on behalf of Mrs . ' O'Brien, I request that you uphold the decision of the Building Commissioner and deny the appeal . Very ruly yours, Edward W irk EWK/se cc : James H . Quirk, Esq. Ralph Crossen 'T, U�. EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE t►t 901 MAIN STREET TQ1fthN vi RAPNIMN OSTERVILLE,MASSACHUSETTS 02655.0393 FACSIMILE P. o. e x 3�PlI�:CiOFAPPEALS (SO8)428-4111 (S08)428.4800 " Emmett . F.' Glynn,. Chairman March 17 , 1998 Barnstable Zoning Board 367 Main Street . Hyannis, Mass . 02601 Re:Bacas/Snow V. Building Commissioner ' Appeal No. 1998=30 Dear Mr.. •Glynn: . The memorandum which I submitted to the board late on the evening of February 11, 1998 contains the factual and legal basis why two Building Commissioners have determined that this lot is entitled to A building permit.- Unfortunately, Mrs . O'Brien ' s earlier attorney .was unfamiliar with the protection granted to certain undersized lots and that is why she proceeded with a variance request, rather than clarify the situation directly with the Building Commissioner. T received a copy of.Mr .Qu irk' s' memorandum yesterday and would like to. make - a brief reply. Both. Mr . ' Crossen and myself are,.aware that the O'Brien lot, like the Bacas/Snow lot did not conform to the applicable zoning requirements.- on aanuary 1 , 1976 . A review of the correspondence between. myself and the Building Commissioner, as well as .his memo of February 10, 1998 make it clear that neither Mrs . O'Brien nor the Building Commissioner are relying exclusively on the most recent version of 4-4 . 2 (2 ) as the source of. the grandfather ' protection . in this case. The basis for the protection is the predecessor of the current language of 4-4 . 2 . The boar has interpreted that language to mean that a severance in m the board.,. of .two contiguous undersized lots within the .five year period following' an increase in the area requirements, confers; permanent' "buildability" on each .of those lots . The most recent amendment does, however, serve a helpful purpose in . ` this: discussion. It:. unde rscores the meaning of the earlier by law by using language which. is more direct; i. e . the "protection" which applies for. a minimum of five years after the zoning change, completely "vests" • if the transfer occurs within that five year period EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET P. 0.1.BOX 393 OSTERVILLE,MASSACHUSETTS 02655.0393 FACSIMILE (508)428.4800 (508)428.4111 Emmett: F . Glynn, Chairman March 17 , 1998 Barnstable Zoning Board 367 Main Street Hyannis, Mass . 02601 Re : Bacas/Snow v . Bui. l.di.ng Commissioner Appeal No . 1998-30 Dear Mr . Glynn: The memorandum which T subm.itted to the board late on the evening of February 11 , 1998 contains the factual and legal basis why two Building Commissioners have determined that this lot is entitled to a building permit . Unfortunately, Mrs . O' Br. .i.en ' s earlier attorney was unfamiliar with the protection granted to certain undersized lots and that is why she proceeded with a var. i.ance request, rather than clarify the situation directly with t:he Building Commissioner . 1 I-ec:e Lved a copy (.).f Mr. .Qu i r-k ' s memorandum yesterday and would like t-u make a brief repay . Both Mr . Crossen and mysc: ll" are aware that the O'Brien lot, like the Bacas/Snow I ()t. (aid uc)t conform to the applicable zoning -equi.r:ements on J7_H_Mar'y 1 , 1 976 . A review of the correspondence between myself and the Building Commissioner, as well as his memo of February 10, 1998 make it clear that neither Mrs . O' Br-J ell uOr the Bui ld i.ng Commissioner are relying exclusively on the Iuos1 i.,u(:eiiL version of 4-4 . 2 ( 2 ) as the source of the grandfather pi._0t.ec1-.:i011 in this case . The basis for the pr:otect..i.on is the pr.edec:ess0 of 'the current language of 4-4 . 2 . 'Ellie board has interpret.e(a ]:.hat. .Language to mean that a severance in t_he common ownership of two (:olltzguous undersized lots within the five year period f:o1 l.C)W i.rlg an increase i.n the area requirements, confers permanent. "hu ldah:1 I. i t.-y" on each of those lots . The most: recent amendment does , ]however, serve a helpful purpose in this discussion . It urlder. s(:ores the meaning of the earlier by law l:ry using language which -i.E; nlor.e direct-; i . e . the "protection" which applies for a nli.ni_mum of live years after the zoning change, completely "vests " if Lhe transfer occurs within that five year period . c:4410+EM13'6hsS+CO,sFi;.,7,xw _ Emmett F . Glynn March 17 , 1998 page two The amendment was not.. :intended to repeal or "divest" the "buildability" of those pre--1.976 lots which had been transferred into separate ownership within five years of a zoning change, and whose protection had t:lierefore already vested under the earlier version of the bylaw. The O' Brien lot was i ri iepa-rate ownership within a matter of months of the zoning change i ii 1973 and has remained a buildable lot for 25 years . Thank you for your Lhought:l:u 'l consideration of the issues, and on behalf of Mrs . O' Brien, T. request that you uphold the decision of Lhe Bui l.ding Commissione-r and deny the appeal . Very truly y9urs, Edward W irk EWK/se cc.: : .lames H . Quirk, Esq . Ralph Crossen TOWN OF BARNSTABLE -- ZONING BOARD OF APPEALS MINUTES OF OPEN AND PUBLIC MEETING February 11, 1998 Appeal Number 1998-30 Snow/Backus Board Members hearing this appeal were Gail Nightingale,Gene Burman,Ron Jansson,Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney.James Quirk represented the applicants,John Snow and Florence Bacas. John Snow was present. Attorney Quirk gave the history of the property in issue. He reminded the Board that this property was previously granted a variance. Prior to that,the owner obtained a Building Permit,but because it was not fully exercised, it expired. There was a change in ownership. The new owner applied for a Building Permit,and was denied. They came before the Zoning Board of Appeals in Appeal Number 1996-22,and were granted a Variance. The granting of that Variance was appealed to the Superior.Court and is pending. Attorney Kirk represents Mrs.O'Brien,the owner of the lot in question,and he requested a "reconsideration"from the Building Commissioner regarding his denial to issue a Building Permit for this lot. The Building Commissioner reviewed that request and issued a letter,dated November 06, 1997, which then resulted in the issuance of a Building Permit. When the petitioners became aware of the Building Permit,they filed this appeal before the Zoning Board of Appeals. As background,Attorney Quirk explained the property was part of a group of six lot and that prior to 1973, three-of the lots were held in common ownership-#21 . The remaining three lots-#22& #23  were held in a different common ownership, In 1973,the by-law changed to one acre zoning. Under that by-law there was a"five year grandfather clause". There was a transfer of ownership. It is because of the transfer of one of the lots during that five year period of time,that Attorney Kirk wrote to the Building Commissioner. There is a question as to whether lot 27 was legally protected. The lot was granted a Variance in Appeal Number 1996-22,and Attorney Quirk is of the opinion,that if the Board felt a Variance was required,then the lot was not protected. Attorney Quirk referred to the letter written to the Building Commissioner from Attorney Kirk. Of the six lots,five received Building Permits. Attorney Quirk reviewed Section 4-4.2(2)Common Lot Protection-which requires the lot must conform to applicable zoning requirements as of January 1, 1976. He questioned if there was a parallel grandfathering protection for lots created before 1976,and those created after 1976. Attorney Quirk briefly reviewed the case..of Horgan vs. Barnstable Zoning Board of Appeals. That case involved five lots held in the same family prior.to zoning. One lot has a residential structure. The remaining four lots are vacant: Those lots were conveyed together severaltimes,and during that period of time,there were changes in zoning effecting the.mimmum lot size. 'The four vacant lots were deeding out separately and there was an attempt to create two lots out of.the four. The Judge found that the attempt to combine the two lots did not result in a buildable lot and(here is no perpetual grandfathering benefits. Attorney Quirk feels the ruling in the Horgan Case applies to locus. A perpetual benefit does not exist and the only protection this lot had was the five year grandfather clause. When that expired,the only way the lot could be considered.buildable was the granting of a.variance because it lost it's grandfather status. That is what was determined in'Appeal Number 1996-22. There have been no changes in circumstances since the issuance of that Variance: In the Building Commissioner's letter of November 06, 1997,he states"..the previous variance issued by the ZBA,I believe, is not necessary..."however,Attorney Quirk stated the Building Commissioner should be overruled especially in view of the Horgan case. The Board asked about standing in view of the fact that the petitioner's lot may share the same common lot ownership problems.-. Attorney Quirk told the Board about a determination from another appeal in the neighborhood which.involved the petitioner. It was determined they did not have standing but that was overruled in the:Court of Appeals and there were told they had standing. [He will provide that information to the Board.] This is the last lot in the area to'be developed. There have been discussions at various times about abutters buying this lot. Offers were made,but nothing is pending at this time. The Building Commissioner submitted a memorandum to the Board. A copy was given to Attorney Quirk. Attorney Edward Kirk,represented the owner-of the lot in question:He submitted a memorandum to the Board. The Board,Attorney Quirk,and Attorney Kirk all agreed the facts in the case are not in issue. What is in issue is the interpretation of the grandfathering provisions of Chapter 46A and the Town of Barnstable Zoning Ordinance Nonconforming Section and its grandfathering protection. Attorney Kirk reviewed and stated the subdivision was created in 1960,and the lots conformed to zoning at that time. Zoning remained unchanged for the next thirteen years. In March of 1973,the zoning changed. In June of 1973,the lot in issue was conveyed out into separate ownership and has been in separate ownership during these last 25 years. In 1992, after a review of ownership by then Building Inspector Joe Daluz,a Building Permit was issued to the owner,Mrs. O'Brien. The lot was excavated but the work was not completed. In 1996,when they tried to continue the work,Mrs. O'Brien was told she needed a Variance. That was granted in 19.96,but Attorney Kirk is of the opinion that a Variance was never needed as the lot is a lawful buildable lot. When he requested the Building Commissioner look into that matter, the letter of November 06, 1997 was issued where the Building Commissioner states the"..previous variance... is not necessary". Attorney Kirk does not feel the Horgan Case applies to locus because factually the cases are different. As.to this appeal,Attorney Kirk feels it is procedurally flawed. The petitioners have not filed in a timely fashion;they have not specified the grounds of the appeal as required;and they have not shown standing as "aggrieved persons". Attorney.Kirk noted that the petitioner's lot is the exact same size and grandfathered under the same protection that this lot is afforded. The Board.previously questioned Attorney Quirk about standing and were still concerned. The petitioner may not bean"aggrieved person"under the statute. Attorney Kirk stated the case that Attorney Quirk alluded to earlier involved a variance and this appeal does not. Mr.Kirk reported the law involving aggrieved persons,has changed since 1991-1992,and should be reviewed by the Board Members.The applicant has to demonstrate"tangible harm" in order to have standing. Attorney Kirk questioned if that were so in this case. Both the petitioner's lot and the lot in issue were vacant when the petitioner bought his lot and there was no reason for him to feel that locus was not a single family residential lot. Attorney Kirk stressed that.he does not believe the petitioner has standing before the Board. Public Comments:No one spoke in favor or in opposition to this appeal. The issue of standing was discussed. The Board asked for letter to be sent to the Town Attorney for his :.e opinion as to whether the applicant has standing before the Board as an aggrieved person under Chapter 40A(Section 8). It was decided to continue Appeal Number 1998-30 to March 18, 1998. An associate of Attorney Quirk previously signed an extension of time and Attorney Quirk stated he would sign one,too, if needed. Attorney Quirk stated he would like to respond to the Building Commissioner's memorandum that he just received this evening: Attorney Quirk and Attorney Kirk both stated they will submit briefs to the Board. Appeal Number 1998-30 is continued to March 18, 1998,at 7:15 PM. j I' OF BARNSTABL LEGAL DEPARTMENT, TOWN OFFICE OF TOWN ATTORNEY Inter-Office Memorandum 21998 j- March 12, 1998. -c - !STABLE TO: EMMETT GLYNN, Chairman, ZONING BOARD OF APPEALS FROM: ROBERT D. SMITH, Town Attorney v RE: REQUEST FOR OPINION IN THE MATTER OF: SNOW/BACAS.(O'BRIEN), ZBA Appeal 1998-30 (Appeal of Bldg. Cmsr. issuance of Bldg. Permit) OUR FILE REF. NO.:: 96-0046 This is in'response to your office's request in the above matter for an opinion. (1) As to your question re STANDING: It is not readily apparent from the materials submitted just where the subject locus (the O'Brien property) is in relation to the Bacas-Snow property, but assuming they are nearly and within sight of each other,:the case is governed by the 1991 Snow v. ZBA case (copy attached), making it clear that there is standing. (2) As to your question of TIMELINESS: Where a building commissioner's decision is rendered to someone other than the appellant, the time limits which would clearly apply to a person who is both the recipient and the appellant cannot foreclose the appellant's rights. I conclude that the filing of the appeal in this matter was not fatally untimely unless it can be established that the appellant had notice of the :decision for the requisite period'. The attached case of Chiucariello v. Bldg. Com'r. of Boston, 29 Mass. App. Ct. 428 (1990) suggests that this would be the outcome. trust this is responsive to your inquiry but please feel free to be in touch should you care to.discuss the matter further. RDS:cg .. .: Atchmts. [96-00461zb0memol I o�TME Town of Bamstable - Zoning Board:of Appeals KAM Planning Department 059. ,0$ 230 South Street,Hyannis,Massachusetts 0260 U (508)790-6225 Fax(508)790-6288 February 19,_1998 Robert Smith,Town Attorney Ruth Weil,Assistant-Town Attorney Town of Barnstable,-Attorney's Office 230 South Street, Hyannis, Massachusetts 02601 Reference: Appeal Numbers 1998-30-Snow/Bacas (O'Brien)Appeal of the Building Commissioner issuance of a:Building Permit: Dear Mr. Smith: On February 11, 1998, the Zoning Board of•Appeal opened its hearing in the above referenced appeal of the Building Commissioner. During the Boards deliberation, questions were raised as to: the standing of the applicants(Florence•Bacas and John Snow) under MGL Chapter 40A, Section 8, to appeal the.issuance of the Building Permit as an aggrieved party and was the appeal made in a timely fashion as required under.Section 15. I have attached a copy of the memorandum of Attorney Edward Kirk in which he question these two item. On behalf of the Board Members I.thank you for your assistance. The appeal has been continued to March 18, 1998, to allow:time for your input. Materials for that meeting will be transmitted to the Board members on March 12, 1998. Should you need additional information please contact Debbie Lavoie or Art Traczyk at extention Respe'tfully, ' mmettGlynn,.Chairman:_ ` . file-zba-letters-L-021998.doc FRJ� FEB owl Attachment: Memorandum at Marilyn O'Brienl5 u Lticc: Attomey Edward W.Vurk2 0 0 Attomey James H.Quirk,Jr. . T0'4N ATTORNEY TNIN OF BARNSTABLE 02-23-1998 03:56PM FROM QUIRK 8 CHAMBERLAIN TO 7753344 P.02 T01111tto1ducalth of 4 iassadjuselts - BARNSTABLE, cc. SUPERIOR COURT No. 89-558 JOHN T. . SNOW st al vs. BOARD OF APPEALS, TOWN OF BARNSTABLE et al FINDINGS OF FACT, RULINGS OF LAW AND ORDER STATEMENT OF CASE The plaintiffs appeal from the grant of a variance from the bulk requirements of the town of Barnstable zoning' by-laws for the erection of a single-family residence by the defendants John E. McBarron and Tanya (Dawson) McBarron. FINDINGS OF FACT 1) The plaintiffs,' John T. Snow and Florence Bacas, are the owners :of a ' residence located at 71 Oakwood . Street, Cotuit, Barnstable County, :Massachusetts, shown as Assessors Lot 137, Map 19. ' 2) The defendants, John E. McBarron and Tanya L. Dawson (now Tanya L. McBarron) filed a petition for variance with the town of 'Barnstable, Zoning Board of Appeals on or about February 13, 1989, seeking. a variance. from Section 3-1.4 (5) of the bulk regulations of the town of Barnstable zoning by-law, with regard to a lot of land located on..Cherry' Tree Road in Cotuit, and shown as Assessors lot. .22 on Map. 18 02-23-1998 03:56PM FROM QUIRK & CHAMBERLAIN TO 7753344 P.03 2 I. 3) On or about April 6, 1989, . defendants' petition for variance was heard by the town of Barnstable Zoning Board of Appeals (hereinafter. "ZBA") . Subsequently, the ZBA issued a decision granting the variance. 4) Assessors Lot 22, Map 18 is shown on a plan of land recorded in the Barnstable County Registry of Deeds in Book 2 , page 11, which plan is. re-recorded in Book 26, page 73,. .as lots 28 and 29 . Lots' 28 and 29 as shown on the Registry Plan (Lot 22 on Assessors Map-* 18) stand in the name. of Linda A. and Rodney A. Dawson, the parents 'of the defendant., ' Tanya L. McBarron. Rodney A. Dawson and Linda A. Dawson also own Assessors Lot 18, Map 18 which are shown . as Lot 48, 49 and 50 on the Registry Plans. Assessors Lot 18 and 22 (Registry's Lot 28, 29, 48 , 49 and 50) are contiguous lots standing in the .name of the same individuals, Rodney A. . and Linda A. Dawson... 5). By virtue of the enactment of Article 159 of the 1973 Town Meeting;. the town of Barnstable amended. its Zoning Map by making the zoning. district within which the lots in question are located an RF zone., .requiring a minimum lot size of one acre or 43, 650 square. feet. - This lot size requirement has. remained in effect from 1973 to the present. 6). Assessors Lot 22, when combined with Assessors Lot 18 creates: an- eight-sided lot. Within the immediate Assessors Map 18 and the adjacent Assessors Map 19 there are a substantial number of eight-sided lots., undoubtedly created as a result of the implementation of the town :of Barnstable Zoning Grandfather Clause 02-23-1998 03:56PM FROM QUIRK & CHAMBERLAIN TO 7753344 P.04 3 and the implementation of one acre zoning in the Cotuit area in 1973. 7) The view of..the locus and.the zoning district taken prior to trial, --and the U.S. Geodetic ..Survey Map of the area, clearly indicate that a number of lots within the immediate vicinity of Assessors Lot 22 are . sloping and contoured. The .depression which exists on Lot. 22.. is not unlike the depression which exists on a number .of-. other ..lots within the zoning map including the Dawsons Assessors Lot 18' and Assessors Lot 58 . . . 8) The plaintiffs, prior to purchasing their home, thoroughly researched the zoning requirements and the existence of buildable lots surrounding their home site. Both plaintiffs are attorneys, and the plaintiff, John. T. Snow, is an attorney specializing in conveyancing and real estate matters. 9) In addition, the plaintiffs, prior to locating their home on the . lot, . determined the direction where the most privacy would be afforded and placed their bedroom, family room, 'and bathroom, and other private areas of the home facing in a direction towards Assessors tot 33 across the. paper road, in the belief that Lot 22 could. not be built upon under the zoning by-laws. 10) The plaintiffs claim to be aggrieved by the grant of this variance, however, the view disclosed that they cannot see the plaintiffs'. property . (at least when the trees are in bloom) . On ; ..the View, " an automobile trip of approximately a half mile was required along the rustic roads in the neighborhood in order to commute between the two lots. The construction of the defendants' i 02-23-1998 03:57PM FROM QUIRK & CHAMBERLAIN TO 7753344 P.05 4 home would not materially intrude upon. plaintiffs' privacy, nor would it create noise disturbance to them. Boulders have been placed along the way.. adjacent totheir property and. because the roads cannot connect, there would be no traffic generated by the plaintiff's home. 11) The roads in the -immed.iate vicinity of both the. plaintiffs' and .. defendants' property, as they show on plans admitted .into evidence, are either unconstructed or impassable and any traffic to or. from the defendants' home, including fire or police Vehicles, would use access which would keep it quite remote from the plaintiffs' property. 12).. The lot on Which the plaintiffs ' home stands is itself substantially nonconforming, consisting of approximately half an acre. This nonconforming condition existed when the plaintiffs acquired their property in December of 1988 . .,RULINGS -OF LAW 1) No one has 'a legal right to a variance and they are to be granted sparingly. - Damaskos v. Board of Appeals of Boston, 359 Mass. 55, 267 N.E. 2d 897 (197-1) . .2) The. ZBA was not warranted in granting a variance unless the evidence established that conditions affecting Lot 22 did not affect the zoning. district generally. As a matter of law, the defendants have. not shown that the contours of said Lot 22 are a :condition which.. does` not affect the zoning district generally and therefore they are not entitled to a variance. Twomey v. Board of Anx�e�,7,5 of Worcester; 347 Mass 6.84, 199 N.E. 2d 682 ('1964) . The 02-23-1998 03:5?PM FROM QUIRK & CHAMBERLAIN TO 7?53344 P.06 5 U.S. Geodetic Survey Map clearly shows contouring within the zoning district and especially in* the area where the Assessors Lot 22 is situated. The view.. as well substantiates a finding that the depressions located on Lot 22 are not .unique and affect other lots in the zoning district. 3) Since the issue -'df standing. has been raised, the court is obliged to decide that issue "on all the evidence with no benefit to the plaintiffs from [a presumption of standing due to the fact that the plaintiffs received the statutory notice of the zoning board of appeals hearing) -as such. " Sherrill House, Inc. v. Board of Anneals of Boston, . 19 Mass. App. 274 , 473 N.E. 2d 716 (1985) . 4) Although a judge is .. not to construe the words "person aggrieved" narrowly, the plaintiff. bears the burden of proof. Aggrievement 'is "a matter of degree" and the "variety of circumstances which may arise seems to call for the exercise of discretion rather than the imposition of an inflexible rule. " Sherrill House.' Inc.,, supra. .5) A person has standing to challenge a zoning decision when he * might. incur tangible harm as a result of the project 's development. Owens v. Board of Appeals. of Belmont, 11 Mass. App. Ct.. 889, 994 (1981) interest in .preservation of a single-family district. See, also Rafferty v. Sancta Maria Hospital, 5 Mass. App. Ct.:. 624, 629-30 (1977) . 6) A person. is aggrieved if such person has a possible claim of a:' definite violation of a private right. Circle Lounge and Grille:.' Inc. V. -Board of Atipeals of Boston, 326 Mass. 427 (1949) . I 02-23-1998 03:57PM FROM QUIRK & CHAMBERLAIN TO 7753344 P.07 6 Prudential' Insurance Co. v. Board of Appeals of Westwood, 18 Mass. App. Ct. 632 (1984) . 7) The defendants McBarron wish to construct a single residence on an undersized lot in a. wooded area of Cotuit. , . They are a young. couple without great resources who will benefit from family owned land. Similarly, the plaintiffs have constructed a single residence on an undersized lot -kitty-corner across a paper road from the locus in issue. A stand of ,trees is located between the lots so that the plaintiffs could probably not even see the proposed residence except. in winter. There is no road connection between lots, no evidence that the public services of one would be affected by the other. There is no evidence of noise or any other factor except that there would be one more' single residence in a single residence district. The plaintiffs' argument is simple. They want their privacy, they want to be ..alone. The court finds no tangible harm or definite violation of a private right arising from an administrative decision, which would grant standing to the : plaintiffs in' this case. Almost all of the homes in this area are constructed on 'Undersized lots which were grandfathered from the 1973.. ordinance. The plaintiffs do not own the land in question. They cannot deprive the owners of a rightful use in order to maintain their privacy and view. 02-23-1998 03:58PM FROM QUIRK & CHAMBERLAIN TO 7753344 P.08 ORDER Judgment is to enter that the plaintiffs do not have standing to - challenge the decision of the Board of Appeals granting a , variance to John E: and Tanya McBarron. The decision of the. Board of Appeals, Town of Barnstable, granting a variance exceeded its authority but is AFFIRMED in.. the absence of a valid legal challenge. So ORDERED. i Gerald F. O'Neill, Jr. Justice -of. the Superii Court Dated: . October 1990 A r '.g6Py .Attest/J . IO2-23-1998 03:58PM FROM QUIRK 8 CHAMBERLAIN TO 7753344 P.09 ' COMMONWEALTH OF MASSACHUSETT& y' APPEALS COURT.FOR TIE COMMONWEALTH, AT BoBTON, July 11, 19 91 IN THE CASE OF JOHN T. SNOW & another V8.. . BOARD OF APPEALS OF BARNSTABLE & others. pending in the Superior Court for the County of Barnstable ORDERED, that the following entry be made in the docket; viz:,-- The judgment dismissing the complaint is reversed, and a new judgment is to be entered which annuls the -decision- of the board of appeals as in excess of its authority. BY THE COVET, CLERK. July 11, 1991., OVER ACT i ThC 02-23-1998 03:58PM FROM QUIRK & CHAMBERLAIN TO 7753344 P.10 COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 90-P-1480 JOHN T. SNOW another 1 VS. BOARD OF APPEALS OF BARNSTABLE 6 others.\ MEMORANDUM AND ORDER UNDER RULE 1:28 Although he determined that the Board of Appeals of arnstable .had acted in excess of its authority in ranting Tanya and John McBarron a variance, the Superior ourt judge who heard the appeal brought under G. L. c. OA, S 17, also concluded that the plaintiffs were not ggrieved parties. and,.. therefore, lacked standing to aintain the action. . Accordingly, he dismissed their omplaint. .. .The* words "person aggrieved" which appear in the statute should. not be narrowly construed. Marotta v. Board of Appeals of. Revere, 336 -Mass. 199, 204 (1957) . s •abutters entitled to receive notice of the sought for zoning relief,. the plaintiffs were presumptively ggrieved.persons. id. Waltham Motor Inn, Inc. v. aCava, 3. Mass.. App. Ct. 210, 214-215 (1975) . Baxter v. V Florence Bacas. •Y John E. McBarron and Tanya McBarron, f/k/a anya L. Dawson. 02-23-1998 03:59PM FROM QUIRK & CHAMBERLAIN TO 7753344 P.11 Board of Ap2eals of Barnstable, 29 Mass. App. Ct. 993, 94 (1990) . The= questi.on is whether 'the. persons claiming o be aggrieved have an interest, relating to the property they own (often referred 'to in the cases as a 'pecuniary interest") , in the application of the zoning ode without deviation. Carey v'. Planning Bd. of Revere, 35 Mass. 740, 743 (1957) . Rafferty v. Sancta Maria os : , 5 Mass. App. Ct. 624, 629-630 (.1977) . Compare altham Motor Inn, Inc. v. LaCava, supra at 217. .: Whether 'a plaintiff in a zoning review case under . L. c. 40A, S 17, is an aggrieved person involves an xercise of discretion. Sherrill House, Inc. v. Board of limeal of Boston, 19 Mass. App. Ct. 274, 276 (1985) . axter v.. Board of Appeals of Barnstable, 29 Mass. App. t. at 995. . That exercise, however, concerns deciding hether there is a cognizable claim, not assessing the potency of a claim which is concededly cognizable. Here, he judge d.id the latter. He found that the plaintiffs were abutters; that they had oriented windows in their ewly built house in the expectation that the lot on hick the McBarrons seek to build could not be built pon; that. the new house, if built, would result, so far s the plaintiffs were concerned, in a certain loss of r.ivacy. The judge concluded that the plaintiffs would ot . see the house to be built while trees were in leaf (.that meant they could see it for about half the year) and that the. claimed Infringement on their privacy was -2- 02-23-1998 03:59PM FROM QUIRK & CHAMBERLAIN TO 7753344 verstated. As we have said, calibration of annoyance is eyond the scope :of deciding whether parties in a zoning ase are persons aggrieved. Use of property which impairs the view of, a protesting party .has been said so learly to confer aggrieved party status as to require no iscussion. See DiCicco v. Berwick, 27 Mass. App. Ct. 12, 315 (1989) . The plaintiffs are not barred from asserting their interests because their own property is onconforming, .Vainas v. Board of Appeals of Lynn, 337 ass. 591,.594 (1958) , albeit to a far lesser extent than he McBarrons' would be. Although the defendants did not appeal the court 's uling .that the board's decision to grant a variance xceeded .its authority, had .that ruling been appealed, it would have been affirmed. A deficiency in the area of a of is not' ."circumstancell relating to the soil onditons, shape, or topography of such land" that will satisfy one. of the several statutory prerequisites for a variance under G. L. c. .40A, $ 10, 'as inserted by t. 1975, c. 8080 § 3. DiCicco v. Berwick, 27 Mass. App. t. at 314-315. The judgment dismissing the complaint is reversed, nd a. new. judgment is to be entered which annuls the -3- 02-23-1998 03:59PM FROM QUIRK $ CHAMBERLAIN TO 7753344 P.13 ecision of the board of appeals as in excess of its authority. So ordered. By the. Court (Warner, C.J. Kass & Laurence, JJ..) , Cler I ntered:. July 11, 1991. I . -4_ TOTAL P.13 562 N.E.2d 96, 29 Mass.App.Ct. 482, Chiuccariello v. Building Com'r of Boston,.(Mass.App.Ct. Page 1 1990) *96 562 N.E.2d 96 variance, to circumstances where prejudice was demonstrated. St.1956, c. 665, Sec. 8. 29 Mass.App.Ct. 482 2. MANDAMUS C=99 Mario CHIUCCARIELLO et al.,trustees,(FN1) 250 --- v. 250II Subjects and Purposes of Relief BUILDING COMMISSIONER OF BOSTON et 250II(B)_- Acts and Proceedings of Public al.(FN2). Officers and Boards and Municipalities No. 89-P-674. 250k99 Making and enforcement of police Appeals Court of Massachusetts, .regulations. Suffolk. Mass:App.Ct. 1990. Abutting landowners who did not receive Argued Sept. 11, 1990. statutorily required notice of variance application Decided Nov. 9, 1990. could'seek relief in nature of mandamus. Abutting landowners brought suit challenging 3. MANDAMUS (S:=4(1) issuance of variance on ground that they had not 250. ---- received statutorily required written notice of 250I Nature and Grounds in General hearing on variance: application. The Superior 250k4 Remedy by Appeal or Writ of Error Court, Suffolk County, Elbert Tuttle, J., ruled that 250k4(1) In general.. action was barred by laches, and adjoining Mass.App.Ct. 1990. landowners appealed. The Appeals Court, Ireland, Relief in nature of mandamus is proper remedy for J., held that: (1) zoning board's failure to give aggrieved persons to pursue, where applicable abutting landowners written notice of hearing on provisions in respect of time of appeal are variance application did not deprive board of unreasonable. . jurisdiction, and (2) abutting landowner's six-month 4. ZONING AND PLANNING C�587 delay in bringing suit challenging issuance of 414 ---- variance after they had actual notice thereof was. 414X Judicial Review or Relief sufficient to trigger application of laches. 414X(B) Proceedings Affirmed. 414584 .. Time for Proceedings 414k587 Effect of delay. 1. ZONING AND PLANNING � -month delay in bringing 534 Mass.App.Ct. 1990. 414 ---- Abutting landowners' six suit to challenge issuance of variance of which they 4141X .Variances or Exceptions had actual knowledge, on ground that variance had 414IX(B) Proceedings and Determination been issued without statutorily required notice to 414k534' Notice. landowners, triggered application of laches, where developers had spent monies in meantime in [See headnote text below] demolition and construction activities on subject land. St.1956, c. 665, Secs. 8, 11; St.1974, c. 1. ZONING AND PLANNING G=625 669, Sec. 1.. 414 ---- . 414X Judicial Review or Relief *97 [29 Mass.App.Ct. 483] Floyd H. Anderson, 414X(C) Scope of Review Jr., Boston, for plaintiffs. 414X(C)1 In General 414625 Harmless error. Henry C. Luthin, Asst. Corp. Counsel, Boston, Mass.App.Ct. 1990. for the Building Com'r of Boston and another. Zoning.board's failure:to give abutting landowners written.notice of.hearing on variance application did James L.. LaMothe, Jr., Boston, for Alan S. not deprive board of jurisdiction, and successful Goldberg and others. -attack on board's decision would be limited, in case in which.-abutting landowners:had- actual notice: of. Before KASS, KAPLAN and IRELAND, JJ. Copyright(c) West Group 1997 No claim to original U.S. Govt. works 562 N.E.2d 96, 29 Mass.App.Ct. 482, Chiuccariello v. Building Com'r of Boston, (Mass.App.Ct. Page 2 1990) ' IRELAND, Justice. petition, on the basis that the abutters had received no notice of the hearing. In another June 14, 1984, This is a land use case in which abutters challenge letter, the abutters informed the developers that they a variance on the ground that they did not:receive. were seeking a rehearing and rescission of the written notice of the hearing on the variance developers' demolition permit, and that "any application as required by the zoning enabling act construction in accordance with the plan would be at for Boston. (FN3) A judge of the Superior Court their peril.": On August 3, 1984, the abutters wrote ruled that the plaintiff-abutters:failed to appeal the to the board, noted'that work was progressing on the variance in a timely manner and that they were not property, and.stated that if they did not hear from entitled to relief in the nature of mandamus. (FN4) the board within a week, they would presume their We conclude: 1) that relief in the nature of request for rehearing was denied and would sue. On mandamus was available; 2) that although.there was August 13, 1984, the developers obtained a building no evidence of written notice:to the abutters there permit. No notice of the issuance of the permit was " was nonetheless actual knowledge; 3) that the given' to the abutters, nor would such notice abutters failed to act within a reasonable period of ordinarily be required or. given. The abutters time once `they, had actual knowledge of the protested to city officials, from time to time, variance; and 4) that ordinary principles of laches through.January 23, 1985, when they wrote to the. govern. We, therefore, affirm the lower court's board requesting [29 Mass.App.Ct. 4851 that it decision. revoke the permit. The board advised the abutters that it would take no such action, and that a new The parties have' stipulated the dispositive facts. hearing would be required. The abutters are trustees of the 328 Commercial Street Realty Trust and own property immediately On January 28, 1985,.six months after the abutters Abutting 300-322 Commercial [29 Mass.App.Ct. 484 notified the board of the notice problem, the abutters ] Street, Boston. On November `3, 1083, the filed an action in Superior Court seeking declaratory developers, trustees of Beacon Wharf Development relief under G.L. c. 231A .and alleging that they Trust, applied to the building department of the city were aggrieved parties with regard to the 300-322 of Boston for permission to combine .the lots.at Commercial Street property. Specifically, the 300-322 Commercial*Street and.to rehabilitate a abutters sought to have the actions of the board warehouse use thereon .to ninety-eight residential declared invalid for want of the required notice to apartments, several.commercial units, and seventy- them. The abutters also sought relief in the nature two parking spaces. 'That application was promptly, of mandamus, asking the court to order a new public denied for failure to comply with use of the parapet hearing by the board, to revoke the building permit setback provisions.,of the Boston zoning ordinance. until after such a new hearing and the time for The developers sought relief through a conditional appeal therefrom, if any, had passed, or a final use permit and variances from the board of appeal court judgment thereon. The abutters did not, and (board), '98 which scheduled a hearing on do not now, seek injunctive relief. Construction on December 20, 1983. . Notice of the hearing was the 300-322 Commercial Street property was published in the Boston Herald on December' 6, completed on August 12, 1986, when the city 1983. The hearing was continued until January:10, building department issued certificates of occupancy. 1984, and notice .of the new hearing date was As of January 28, 1985, ninety-three condominium published-in the Boston_Herald on January 6, 1984. units in the property had been conveyed to persons The board has no record of sending notice of the not parties to the original action. As of this appeal, hearing; as originally scheduled.:or :continued, to all units have been conveyed by the developers to abutters, and the abutters did not receive any: such third persons, bona fide purchasers for value, none notice. After the hearing, the board granted a of whom was a. party to the original action or, conditional'use permit allowing residential use of the . apparently, had knowledge of it. Those purchasers property and granted two variances, allowing are purportedly represented on appeal by the construction of ..105 condominium. units and 89 managers of the Mariner Condominium Association parking spaces. who were substituted for the developers. :Oti June 14, 1984, the abutters,. by letter, The Superior Court judge ruled that the abutters' requested the board to rehear 'the developers' delay barred their action. He reasoned that the =.:Copyright (c) West Group 1997 No claim to original U.S. Govt. works 562 N.E.2d 96, 29 Mass.App.Ct. 482, Chiuccariello v. Building Com'r of Boston,.(Mass.App.Ct. Page 3 1990) fifteen-day period for filing an appeal from a barred from seeking.' relief from the board's decision of the :board, provided for in the Boston decision. The abutters could have sought, and did enabling act (St.1956, c. 665 Sec. 11, as.amended seek, relief in the nature of mandamus. Gamer v. by St.1974 c. 669, Sec. 1 (FN5)) .should be Zoning Board of.Appeals of Newton, 346 Mass. measured from [29 Mass.App.Ct. 486] the date of 648, 649, 195 N.E.2d 772 (1964), held that for the . abutters' actual knowledge. The abutters "persons aggrieved who were not parties to the commenced their action more than six months proceedings-before the [b]uilding [c]ommissioner to thereafter. obtain a permit .., their only means for relief is a petition for writ of mandamus to enforce [the zoning The issue on appeal is whether the abutters, as ordinance]." aggrieved.parties, who lacked statutory notice of a public hearing but had actual knowledge of the [3] Relief in the nature of mandamus is the proper developers' demolition and construction activities, remedy for aggrieved persons to pursue where, e.g., may be barred by laches from receiving declaratory "applicable provisions in respect of time of appeal *99 relief and relief:in the nature of mandamus. are unreasonable." Brady.v. Board of Appeals of Westport, 348 Mass. 515, 520, 204 N.E.2d 513 [1]: The abutters argue that the variances granted (1965).. Because the abutters did not receive by the board are invalid because the failure to personal notice of the board's granting of the various provide them with notice of the public hearing permits, and did not have the benefit of the trial deprived the board of jurisdiction. The abutters' judge's determination that the appeals period had status and right to'notice as aggrieved parties is not begun to run at the time of their actual knowledge, Contested. See Bedford v., Trustees of Boston as opposed to the fifteen days from the granting of University, 25 Mass.App.Ct. 372, 376, 518 N.E.2d the permits, relief in the nature of mandamus would 874 (1988) ("abutting landowner enjoys a have been a proper means of enforcing a legal right. presumption of being a 'person aggrieved' "); "The loss.by an aggrieved citizen of the right of St.1956, c. 665, Sec. 8. 'The failure to provide direct attack on a permit does not entail loss of the notice as required .by statute, however, did' not right of the same citizen to bring a mandamus deprive the board of jurisdiction. The defendants petition for enforcement of the law and to stop -correctly point to.Kasper v. Board of Appeals of „ .. violations in the construction going forward under Watertown, 3 Mass.App.Ct. 251,, 256, 326 N.E.2d the permit." Id. at 521,'204 N.E.2d 513. Relief in 915 .(1975), in which we said that "not every the nature of mandamus was available. decision of 'an administrative, board need be invalidated for the board's failure to comply [4] Failure, however; of the abutters to pursue any precisely with each of the'notice provisions of .a action for six months after actual knowledge of the statute such as G.L. c: 40A, Sec. 17.... To rule developers' activities raised laches as a bar to that a board of appeals loses jurisdiction to act in judicial review of the board's action. Whether the every instance [of defective notice]'would be to abutters are chargeable with laches is a question of rule that every successful petitioner before. the fact. Myers v. Salin, 13 Mass.App.Ct. 127, 138, board, who has no control over the manner in which 431 N.E.2d 233 (1982), and cases cited therein. the. board performs its duties ... would remain The trial judge could reasonably have found laches indefinitely subject to attack in proceedings in the to bar the abutters' action based on the evidence. nature of mandamus. (In Kasper we reached the Before filing suit, the abutters waited six months same conclusion under the similar provisions of after the developers obtained their permits and began G.L. c 40A, Sec. 17, where.:the plaintiff had construction. In the meantime, the developers spent received actual notice but not statutory mail notice.) monies in their demolition and construction activities Successful attack on:a board's decision, in the face while the abutters[29 Mass.App.Ct. 488] protested of actual notice but in,the absence of statutorily. and threatened legal action but did not take any. required notice, should be restricted to circumstances where prejudice:is demonstrated. See Although G.L. c. 40A (FN6) does not govern id. at.257, 326 hi:E.2d 915 *100. the present matter, (FN7) we nonetheless find iva helpful guide in defining.the time within which .::[2] [29 Mass.App.Ct. 4871 In regard to prejudice, an appeal may be brought and the relief which may despite their lack.of notice,.the abutters were note be sought. (FN8) General Laws c. 40A and Copyright(c) West Group 1997 No claim to original U.S. Govt. works 562 N.E.2d 96, 29 Mass.App.Ct. 482, Chiuccariello v. Building Com'r of Boston,.(Mass.App.Ct. Page 4 1990) St.1956, c. 665, share common purposes and allow FN3. St.1956, c. 665; Sec. 8, second par., sets for the rendering of comparable decisions. : The forth the notice requirement. It reads, in pertinent exercise of authority under each enactment.is subject part, to strict requirements. Damaskos v.:Board of Appeal of Boston, 359 Mass. 55, 60-62, 267 N.E.2d "Said board of appeal shall fix a reasonable time 897 (1971). for the hearing of any appeal and give public notice thereof in a newspaper of general We take.particular note of the language with which circulation in the city, and also send notice by the second paragraph of G.L. c. 40A, Sec. 17, mail, postage prepaid, to the appellant and to the closes, whereby defective notice allows an aggrieved . owners of all property deemed by said board of person no more than ninety days after the board's appeal to be affected thereby, as they appear on decision has been filed in which to bring an appeal, the then most recent local tax list and to any but also allows one to pursue "all rights of appeal ... person filing written request for notice of hearings, in ... equity." Specifically, we view this option to such request to be renewed yearly in December, pursue equitable relief as supporting the rationale of and to the city planning board." Kasper, supra, :that defective notice should not necessarily invalidate exercise of jurisdiction by the FN4. Although the writ of mandamus has now been board. Although the option to pursue these rights formally abolished (Mass.R.Civ.P. 81(b), 365 through a collateral proceeding is not articulated in Mass. 841 [1974], "[a] civil action to obtain relief the Boston enabling act, we find the shared spirit of formerly available by .writ of mandamus may be it G.L. c. 40A and St.1956, c. 665 Damaskos [29 brought in the supreme judicial or superior court." Mass.App.Ct. 4891 supra), sufficient to'suggest that G.L. c. 249, Sec. 5, as appearing in St.1973, c. just as equitable considerations may support the 1114, Sec. 291. .validity of a variance granted in the face of defective notice, so, too, such considerations may militate in FNS. St.1974,.c. 669, Sec. 1, amending St.1956, c. favor of the possibility of relief beyond the ninety- 665, Sec. 11, reads, in pertinent part; day standard. We view that standard in G.L. 'c. 40A, Sec. 17, as an,indication of the Legislature's "Any Person aggrieved by a decision of said board desire for fmaliry"in the variance appeals process, of appeal, whether or not previously a party to the -We-- impute the same legislative concern and proceedings ... may appeal to the superior court intention, that there be both a beginning and an end sitting in equity for the county of Suffolk or, in the event that said decision is concerned with any to this process, to the Boston enabling act. The building or place used, or intended or permitted abutters' .failure to act for six months,must be for use, as a place of human habitation, to the measured against the ninety-day standard the housing court of the city of Boston, provided, that Legislature provides us. In this case, the plaintiffs' such appeal is filed in either of said courts within unjustified :delay went substantially: beyond the fifteen days after such decision is recorded." standard, laches,attached, and the.action was time- barred. FN6. Section 17 of G.L. c. 40A (the Zoning Act), as appearing in St.1975, c. 808, Sec. 3, reads, in Judgment affirmed. pertinent part(we add emphasis): FN1. Luigi.DePalma, and Elvio Tropeano, who, together with Chiu&ariello.are .trustees of the "Any person aggrieved by a decision of the board 328 Commercial Street Realty Trust. of appeals or any special permit granting authority may appeal ... by bringing an action within FN2. The board.of appeal of the city of Boston. twenty days after the decision has been filed in the Alan S..-Goldberg, .Arnold I. Friedman, and office of the city or town clerk.... The foregoing Alfred . White, managers of the Mariner' remedy shall be exclusive notwithstanding any Condominium Association, were substituted on defect of ... notice other than notice by . appealJor the trustees.of the developer.Beacon publication, mailing or posting ... and the validity Wharf Development Trust, which no longer of any action shall not be.questioned for matters owns the property. relating to defects in procedure or of notice in any other proceedings except with respect to such Copyright.(c) West Group 1997 No claim to original U.S. Govt. works - 562 N.E.2d 96, 29 Mass.App.Ct. 482, Chiuccariello v. Building Com'r of Boston,.(Mass.App.Ct. Page 5 1990) publication, mailing or posting and then only �y a (1971) (G.L. c. 40A not applicable to Boston, proceeding commenced within ninety days-after where St.1956, c. 665, controls). the decision has been filed in the office.of the city or town clerk, but the parties shall have-all rights. *100 FN8'.The Boston enabling act is silent on of appeal and exception as in other equity cases." — how a defect in notice affects the time within FN7. See Damaskos v. Board of Appeal of Boston; which an appeal from a decision of the board may 359 Mass. 55, 57 & n. 2, 60-61, 267 N.E.2d 897 be brought. Copyright(c) West Group 1997 No claim to original U.S. Govt. works BARNSTA3LE ZONING BOARD OF APPEALS : APPEAL NO. 1998-30 FLORENCE BACAS and JOHN SNOW, ) 1 �� Appellants ) •-; song ' RALPH CROSSEN, BUILDING COMMISSIONER E g. and MARILYN 0'BRIEN, Appellees MEMORANDUM OF APPELLANTS, FLORENCE BACAS AND JOHN SNOW This :is an. -appeal by the direct abutters of the issuance of a Building Permit. The abutters, Florence Bacas and John Snow, ..reside at 26 Cherry Tree Road, Cotuit, Massachusetts, Map 19 Parcel 10.4 . A Building .Permit was issued for property identified by Map 19 Parcel 157, property owned by Marilyn O'Brien. The background is outlined in the Staff Report dated February 5, 1998. For the reasons. set forth below, the decision of the Building Inspector to, issue a Building Permit should be overturned .and the Permit rescinded. ARGUMENT I. THE SUBJECT PROPERTY. DID NOT CONFORM TO APPLICABLE ZONING REQUIREMENTS IN EFFECT AS OF JANUARY 1, 1976 AND, THEREFORE, IS NOT ENTITLED TO ANY PROTECTION AFFORDED BY SECTION 4-4 .2 (2) OF THE ZONING BY-LAW. . The applicable section• of the zoning by-law is Section 4- 4 .2 "Nonconforming Lots. " The specific Section is 4-4 .2 (2 ) Common Lot Protection is as follows: Any increase in the area, frontage, width, yard or- depth requirement of the Zoning Ordinance shall not apply for a period of 5 QUIRK AND' CHAMBERLAIN, P.C. ' ATTORNEYS AND COUNSELLORS AT LAW . 99 WILLOW STREET P69T.OFFICE BOX 40 - .YARMOUTHPORT,MA 0267510040 - • 50B/362.6262 - FACSIMILE 508/362-6060' ' -2- years from the effective date of the change, to a lot for single or two-family residential use that: A) is held in common ownership with not more than 2 adjoining lots; and B) had a minimum of 7,500 sq. ft. in area of 75 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and C) was recorded or endorsed on a plan that conformed to zoning when legally created; and D) conformed to applicable zoning requirements as of January 1, 1976. The protection afforded by this paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of residence. The by-law requires that A) through D) be satisfied in order to benefit from the common lot exemption. This is apparent by use of the word "and" . The by-law is not phrased in the alternative nor does it allow for the protection upon satisfaction of some of the criteria. The O'Brien lot did not conform to applicable zoning requirements as of January 1, 1976 and, therefore, cannot benefit from any grandfathering afforded by this provision of the by-law. As of January 1, 1976 the minimum lot size for this area was 43,560 square feet. . The subject lot contains and at that . QUIRK AND CHAMBERLAIN, P.C. ATTORNEYS AND COUNSELLORS - - AT LAW 99 WILLOW STREET ' POST OFFICE BO%40 ' YARMOUTNPORT.MA 02675-0040 ' 508/362.6262 - FACSIMILE 506/362.6060 time contained 21,499 square feet. Because the lot did not conform to zoning as of January 1, 1976 the criteria for common 'lot- exemption as set forth .in 'the by-law is not satisfied. As such, . the lot is not entitled to any exemption under this by-law and is not buildable as a matter of right. Therefore, the issuance of a Building Permit was erroneous and the permit should be revoked. II. THE APPEAL- WAS FILED WITHIN THE TIME ALLOWED. The Notice of Appeal sufficiently sets forth the nature of .the appeal and was filed and received in the Town Offices within the time allowed by statute. Further,, although the Building Commissioner' s written decision is dated November 6, 1997, the actual -Permit did not issue until December 1, 1997 . The appeal encompasses the issuance of the Permit itself as well as the rationale used to ' issue the permit. The case. relied upon by the Town Attorney is factually distinguishable. In that. case the appellant waited over six (6) months .to file an appeal.. The Court rules that a person not entitled to notice that a permit has issued may, within a reasonable time, claim an appeal. Chiuccariello v. Building Commissioner of Boston, 29 Mass. App. Ct. 482, 562 N.E.d 96 (.19-90) . .. Here, the appellants received no notice of either the November. .6, 1997 letter or of the issuance of the Permit. This � . . is despite the fact that litigation was ongoing. They only . ' QUIRK AND - CHAMBERLAIN, P.C. ATTORNEYS AND COUNSELLORS AT LAW 99 WILLOW STREET ' 'POST OFFICE BOX-40 - YARMOUTHPORT,MA 02675.0049 606/362-6262 ' .FACSIMILE 508/362.6060 -4- became aware that a Permit issues when .they observed construction activity at the site. This appeal followed within the time allowed as soon as practicable after the appellants had actual knowledge of the issuance of the Permit. CONCLUSION For the- above-states reasons, the Building Commissioner' s decision. sh6uld be reversed and the Permit revoked. By their attorney, rKAND irk, Jr. , Esq. HAMBERLAIN, P.C. treet, P.O. Box 40 t, MA 02675-0040 262 DATED: March 13, 1998 QUIRK AND CHAMBERLAIN,.P.C. ATTORNEYS AND COUNSELLORS AT LAW 99 WILLOW STREET POST OFFICE BOX 40 YARMOUTHPORT,MA 02679-0040 50B/362-6262 FACSIMILE 5081362.6060 r' QUIRK AND CHAMBERLAINS P.C. C-AfoznFys and Counid osi at 1'aur 99 WILLOW STREET JAMES H.QUIRK,JR. POST OFFICE BOX 40 ROBERT C.CHAMBERLAIN yARMOUTHPORT, MASSACHUSETTS 02675-0040 BARNSTABLE OFFICE PAMELA B. MARSH POST OFFICE BOX 92 508/362-6262 THOMAS J. PERRINO BARNSTABLE,MA 02630 FACSIMILE 508/362-6060 ANASTASIA WELSH PERRINO 508/362-4314 OF COUNSEL .WILLIAM E.CROWELL,JR. March 13, 1998 VIA HAND DELIVERY Mr. Emmett Glynn, Chairman Zoning Board of Appeals Town of Barnstable 230 South Street Hyannis, MA 02601 RE: FLORENCE BACAS and JOHN SNOW VS. RALPH CROSSEN, BUILDING COMMISSIONER and MARILYN O'BRIEN OUR FILE NO. 902/8455 APPEAL NOi 1998-30 Dear Mr. Glynn: . In connection with the above-referenced matter, enclosed please find a copy' of the Memorandum of Appellants,. Florence Bacas and John Snow. Thank you for your attention 'to this matter. Very truly yours, QUIRK AND CHAMBERLAIN, P.C. J es ..Quirk, Jr. , Esq. HQ:c E. to ure cc: Edward .W. .Kirk, Esq. . w/encl. I. I. cx_l � . FEB-18-98 WED. 2: 12 PM, BARNSTABLE, PLANNING, DE.PT FAX NO. 508 790 0288 P. 1% 3 7.RA, Mccting Fcbruay 28. :996 The current address;UMr.&Mrs. Locke is 130 Old Kings Road,which is four lots-away from their vacant lot. Of the 13 remaining lots in this ANR plan,ail but 2 lots have homes on them. Lot.101 and Lot 99 are vacant.'There are no vacant lots adjacent to the petitioner's lot and therefore,no other available land to join together to form a•one acre parcel Public Comment: No one spoke in favor or in opposition. A letter from John Harvey,an abutter,was entered in support of the appeal. A letter from Richard Mullin expressed concern for the wildlife in the area. FINDINGS: Ron Jansson In reference to Appeal Number 1996-21, the following are the findings of facts, l. The property is located at 80 Old Kings Road,Cotuit,MA on Assessor's Map 22,Parcel 97. 2. The Zoning District is Residential F Zoning District which requires a mirritnum of one acre in'lot size-and 150 feet of frontage. The tot in issue is.80 acre and has 125 feet of frontage. 3. The lot was created by an ANR Plan,endorsed on April 23, 1973. Zoning has changed Ae Town of Barnstable and the protection on this ANR Plan has expired. 4. The adjoining tots are all developed and built upon and there is no additional opportunity"to increase lot size or the frontage. 5. The bulk of the lots in this area are of the same size or smaller than the petitioner's lot. 6. Owing to topographical conditions,that is overall size of the lot and the shape of the lot,this lot can not be added to in view of the fact that the topographical features have been defined by the boundary lines of the adjoining lots which have been built upon. As a re:;ult,nolurther land accretions are possible for this lot making it is a somewhat unique lot,in that the lot can not,be increased in size, 7. Granting the relief would not be in derogation of the spirit and intent of the To•Nn of Barnstable Zoning Ordinance nor would it be detrimental to the neighborhood. Seconded by Emmett Glynn. VOTE: AYE:Ron Jansso.o,Emmett Glynn,Gene Burman,Elizabeth Nilsson, and Chairman Gail Nightingale. NAY:None, MOTION: Ron Jansson Based upon the positive findings,a motion is made to grant a Variance from minimum lot area and frontage to oerrrit the lot of 0.8 acres and 125 feet of frontage to be buildable under zoning with the following conditions: 1. This Variance.rust be recorded at the registry of deeds and the Variance is only good for one year. 2, The building on the lot must comply with the Board of Health General Ordinance Article XLVII, "Regulation of Wastewater Discharge" (commonly termed the"330 rule")as this property does not have town waste water disposal available, - Secor:ded by Emmett Glynn. VOTE: AYE:Ron Jansson,Emmett Glynn,Gene Burman,Elizabeth Nilsson, artd Chairman Gail Nightingale. NAY:None. ORDER: Appeal Number 1996-21,the Variance has been granted for the minimum lot size and minimum frontage requirements. Appeal Number 11996-22 O'Brien I Board Members hearing this appeal were Ron Jansson,Emmett Glynn,Tom DeRiemer,Gene Burman,and Chairman Gail Nightingale. Shawn.E:O'Brien.represented himself and his mother,Marilyn O'Brien, His Attorney Gail Balser arrived late. Mr, O'Brien bought the lot in approximately 1988 from M.rs. .Sweeney. At that time he was issued a building pennit and started to excavate for a foundation. Circumstances arose that forced him to sell the lotto his mother, 4 FEB-18-98 'WED 2: 13 PM BAPNSTABLE, PLANNING, DEPT F AX Tt0. ".08 790 6288 P. 2/ 3 Z.H.A. Meeting February 28. 1996 The original building permit expired and when Mr. O'Brien.went to the Building Commissioner to get another permit it was discovered that his mother had held three lots in common ownership in 1973 when zoning changed. Grandfathering has expired for this lot and the petitioner is seeking relief to rectify the nonconformity. The lot is over 20,000 sq.ft. and building a home on this lot would not be detrimental to the neighborhood. Most of the lots in the area are the same size or srn.aller than this lot and all the other lots have been built on. One of the lots Mrs.O'Brien held it common ownership with this lot was built on in 1988. Mr.O'Brien also stated it would be a financial hardship if he could not built on this iot. t' Ron Jansson asked if this is the right section under which the petitioner should be seeking relief? W watiwTelief for bulk regulations and in his application, he requested a petitioner for a Variance to Section 4-4 nonconformities. Building Commissioner Ralph Crossen stated that the relief being sought is for lot size which was.a direct cause of the lot common ownership issue. Chairman Oail Nightingale noted that in the legsl advertisement both the issue of common ownership and relief from lot size were cited. The Board Members determined that lkl as within its power to continue with the appeal and to rule upon it. Attorney Gail Balser arrived late and continued with the presentation. She expressed how the topography was unique. The lot is undersized,but no more than the other lots in the area and many lots are even smaller,and building a home on this lot would not be detrimental to the neighborhood. All of the'surrounding lots have been built upon and there exists no land area for acquisition to bring this lot into conformity with today's one acre requirement. The lot Mrs.O'Bri.e.r,held in common ownership with this lot was built upon in 1988. It would be a financial hardship if he could.not built on this lot in that Mr.O'Brien is seeking to relocate his family back into Cotuit. Financial condition forced him to sell his home several years ago. That dwelling was located in the neighborhood and he has since desired to come back to that neighborhood. Gene Burman asked Mr. O'Brien about the nature and conditions of the roads within the area. Mr.O'Brien stated that Cherry Tree Road is not developed to this Iet,Oakwood Street is a paper road and undeveloped. The lots behind the subject property are accessed via easements from Shell Lane. He also said that the earth material that was reported to have been dropped in the right way of Cherry Tree Road was fill brought into the site for part of the construction and that it was fuily located upon his own lot and is not on the designated way. Mr. O'Brien stated that he sold the lot to his mother for$60,000 in 1990. Today the lot is assessed at$45,000 and taxes are being paid on that amount of assessment es a buildable lot. Public Continent: Albert HitcWs,an abutter,noted that half of the lot had been bulldozed and that the lot should be returned to a more natural state. b1e also stated.that souse of the clearing and grading had been done on his lot. Also speaking was John Snow. He opposed the granting of relief citing that no soil,shape or topography uniqueness exists. He also stared that the steep topography causes run off into the roadway which eventually makes its way into a wetland which he believes exists partly on this lot.. Next Don Cameron,another abutter,cited that Cherry Tree Road does not continue through. The Board recessed for five minutes to allow a discussion between the Petitioner's Attorney and an abutter Corine Brandy. She had stated that she wouid be interested in purchasing the land. After the recess,Ms. Brandy stated she is not opposed to his developing of the lot. Mr. O'Brien stated that he grew up in Cotuit,that it is his boyhood home and that he is not interested in selling the land but wants to live on it with his children and be close to his family. Clyde Takala,who lives across the street, stated he had no objection and in fact was tired of looking at a sand lot and would welcome a dwelling. FINDINGS Ron Jansson With reference to.Appeal Number 1996.22,the followirx,are the findings of fact, 1. The property in issue is located at located at 26 Cherry Tree Road,Cotuit on Map 19,Parcel 104 2. The property in issue consists of a lot Oat is .5 acres in an R,r Residential F.Zoning District which requires a minimum.of one acre. 3. 'The subdivision in issue consists of several lots and several of which predate zoning. ' S FEB-18-98 WED 2: 14 P BA:PN�'TAB!E, P�.APIPd11dG, DEPT FAX i��, 508 790 6288 P. 3 Z.R.A. Mecting Fchruary H. 1596 4, The surrounding lots to the locus are all similar in size and are well defined by their boundaries,but are incapable of further subdivision because none of those lots comply to the current requirement for one acre in zoning and as a result,their boundaries are fixed,topographic-at features. 5. This lot in issue is encompassed by Cherry Tree Road and can not be expanded in that direction. It is also encompassed by four other lots all of which are undersized by the Town of Barnstable Zoning Ordinance and all of which are built upon. This lot in this particular area is the only lot without a dwelling on it. 6. Chapter 40A,Section 10 states that"...the Zoning Board of Appeals has the right to grant a Variance owing to soil conditions,shape or topography of such land or structures and especially affecting such IaAd or'strueture but not affecting generally the zoning district in which it is located,a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise.,." 7. It is the location of these bounds with houses on them that can not be further divided that creates topographic features which form the boundaries of this lot. , 8, The petitioner paid a significant sum of money for the lot and has been paying:fu.h and fair market va)ue assessment.for this lot. *I 9. To deny the Petitioner the relief being sought would be a significant financial hardship to the Petitioner in view of the fact that the lots throughout the neighborhood are of the same size or smaller. 10. in gratnting the relief being sought it would not be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance nor would it be detrimental to the neigbbo.rhood affected. Seconded by Tom DeRiemer. VOTE: AYE;Tom DeRiemer,Emmett Glynn,Gene Burman,Ron Jansson,and Chairman Gail Nightingale. NAY: None, MOTION: Ron Jansson Based on the positive findings in Appeal Number 1996.22,a motion is made to grant the Variance with the following terms and conditions: 1. Only a single family dwelling is allowed. 2, The construction of the house and the septic system must comply at all times with the provisions of Title V Regulations. 3, The lot itself must be returned to its natural state after the construction of the house and the piles of dirt are to be blended in to the surrounding surfaces in order to reduce the visual pollution in the area and this is to be done so as to conform to the overall esthetics of the neighborhood. 4. The materials themselves are to removed from any encroaching land and put solely and totally on the land in issue. Seconded by Tom DeRiemer. VOTE: AYE;Tom DeRiemer,Emmett Glynn,Gene Burman.Ron Jansson,and Chairman Gail Nightingale_ NAY:None. ORDER: in Appeal Number 1996-22,the Variance has been Granted with Conditions. Appeal Number 1996-23 and Appeal Number I996-24-McGoldrick Board Members hearing this appeal were Ron Jansson,Emmett Glynn,Elizabeth Nilsson,Gene Burman, and Chairman Gail'Nightingale. Mrs.Arlene Wilson, Principal Erivironmental Planner represented the Petitioners, Donald&Sandra McGoldrick. The Board Members and Mrs.Wilson agreed to have the appeals heard together. Mrs.Wilson passed out a memorandum ir.support of the appeals. She did not repeat the history of the lot as that information was presented to the Board Members recently in a similar appeal. The new information includes a building permit issued in January 4, 1985, There is a handwritten uote that states"OK ConCon 12124/84"by the Conservation Agent at that time. Also the site plan that was submitted at that time was presented. It shows the wetland's line is at 42 feet. This documents that the building is in fact noo.conforming. The certified foundation 6 • 1 Town of Barnstable Planning Department Staff Report Appeal Number 1998-30 Snow/Bacas Appeal Decision of Building Commissioner Date: February 5, 1998 • To: Zoning Board of Appeals From: Approved By: Robert P. Schemig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog,Associate Planner. Applicant: John Snow and Florence Bacas Property Address: 26 Cherry Tree Road, Cotuit, MA Assessor's Map/Parcel: Map 019, Parcel 104 Area: 0.49 acres Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:December 9, 1997 Hearing:February 11, 1998 Decision Due:March 19, 1998 plus 30 day ext.(April 18, 1998) Background: The applicants are appealing the Building Commissioner's decision to issue a building permit(Permit# 27396) to allow construction of a single-family residence at 26 Cherry Tree Road, Cotuit. The applicants are the owners of the adjacent lot to the east(Map 019, Parcel 157). The applicants contend that the subject lot is not a buildable lot under zoning. History: A Subdivision Plan, dated August 11, 1960, was recorded at the Barnstable Registry of Deeds in 1961(Plan Book 159 page 91). At the time this Subdivision Plan was recorded, the lot in question was (as it is today) 0.49 acres or 21'499 sq. ft:in area. In 1960, the subject site was in an RD-2 Residential D-2 Zoning District which required a minimum lot area of 20,000 sq. ft. In 1973, the property was rezoned to an RF Residential F Zoning District and the minimum lot size was increased to 43,560 sq. ft. At the time of this zoning change;three lots, No. 21, 27 and 28, were held in common ownership under the name of Ina Sweeney -today's Map 19, Parcels 160, 104 and 105. Parcel 104 (Original Lot No. 27) is the subject of this appeal. In 1988,,Mr. O'Brien purchased the lot from Mrs. Sweeney and secured a building permit for the lot and initiated a building foundation: The construction ceased apparently due to personal circumstances of Mr. O'Brien and.the lot was transferred to his mother, Marilyn O'Brien. At some time later, Mr. O'Brien attempted to secure a building permit for continued construction of the dwelling, but was denied.' In February of 1996, Marliyn O'Brien was granted a variance from the minimum lot size requirement of one acre to allow the petitioner to construct a single-family dwelling on the subject property (Appeal No. 9 996-22). Sources: Testimony given in Appeal No. 1996-22. ti Town of Barnstable-Planning Department-Staff Report Appeal No. 1998-30-Snow/Bacas Appeal Decision of Building Commissioner On Mach 13, 1996, Florence Bacas and John T. Snow(the applicants in the present appeal) appealed this decision of the Zoning Board of Appeals. The case is still pending. On November 06, 1997, the Building Commissioner issued a letter on the subject parcel citing that it was his opinion that the lot is buildable and that the previous variance issued is not necessary. On December 01, 1997, the Building Division issued a building permit for the subject lot to Marilyn O'Brien. On December 09, 1997, the issuance of the building permit was appealed to the Zoning Board of Appeals by Florence Bacas and John T. Snow. Section 4-4.2(2) Nonconforming lots -Common Lot Protection: "Any increase in the area, frontage, width, yard or depth requirement of the Zoning Ordinance shall not apply for a period of 5 years from the effective date of the change, to a lot for single or two-family residential use that: A) is held in common ownership with not more than 2 adjoining lots; and B) had a minimum of 7,500 sq. ft. in area and 75 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and C) was recorded or endorsed on a plan that conformed to zoning when legally created; and D) conformed to applicable zoning requirements as of January 1, 1976. The protection afforded by this paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence." Staff Review: The parcel in question (No. 104)was held in common ownership with two other contiguous lots in 1973. Given the zoning change and age of the subdivision, it appears that the entire 1960 subdivision may have exhausted all grandfathering rights prior to the 1973 rezoning and its increased lot area requirements. The New Zoning Act- MGL Chapter 40A.-of 1975 provided that an endorsed and recorded subdivision would be grandfathered for 7 years from the date of endorsement(Section 6). The 13 year old subdivision would have expired any grandfathering rights that were granted to it under zoning in 1967, prior to the enactment of the New Zoning Act. As the Board is aware, the"two bites of the apple concept"or the"piggy-backing"of grandfathering rights is not permitted. That is to say the piling of one grandfather protection on another, is not recognized as a right under zoning. You can not take your 7 year grandfathering rights and then add your 5 year common ownership grandfathering rights to it. This has been upheld in recent court appeals, specifically Horgan vs. the Town of Barnstable Zoning Board of Appeals (see attached, Page 245, footnote 10). Another important point in this case appears is provision D (of Section 4-4.2(2))which reads"conformed 'to applicable zoning requirements as of January 1, 1976." In 1975, Chapter 808 struck out all sections of the then MGL Chapter 40A"The Zoning Enabling Act"and replaced it with the present MGL Chapter 40A "The Zoning Act". All of the zoning regulations, state and local, changed to reflect the"new zoning". Common lot protection was first included in the Barnstable Zoning By-laws in 1977(ATM 11/5/77, Art. 21). This section was later amended in November 2, 1995. Both of Barnstable's non-conforming-provisions as well as MGL Chapter 40A, Section 6 stipulate that in order for a lot to avail itself of the 5 year common lot protection afforded under zoning, the lot must have"conformed to applicable zoning requirements as of January 1, 1976". 2 l0� l� p. /Appeal n of Barnstable-Planning Department-Staff Report No. 1998-30-Snow/Batas peal Decision of Building Commissioner n January 1;1976, the"applicable zoning requirements"for..this district were 43,560 sq.ft. minimum lot area, and 150 linear feet of frontage. On that date,'this lot contained only 21,499 sq. ft. in area. Given that the lot did not"conform to applicable zoning requirements as of January 1, 1976" it appears that it may not have qualified for the common lot exemption, and therefor could not be a ` legal pre-existing non-conforming lot under MGL Chapter 40A, nor Section 4-4.2(2) Nonconforming lots-Common.Lot Protection of the Barnstable Zoning Ordinance. Map,Subdivision Plan Reduction,Letter of November.6, 1997, Attachments: Applications,Assessor copies: Petitioners/Building Commissioner y 3 OIIA4 wy- 2, 7 2,�, � -zq- 73 ip 06 , - - _ �� I � C� 7� � - of INE . . �: The Town of Barnstable • anRxsrnst.e. • , � 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 November 6, 1997 Edward W.Kirk Attorney at Law Wianno Place 901 Main Street Osterville,MA 02655-0393 Dear Eddie: I read your letter concerning 27 Cherry Tree Lane in Cotuit and after a long time researching the issue,I believe I have an answer for you. Your situation involves a lot that was commonly owned during the 5-year period after the by-law change in 1973. One of the two lots(not yours)was conveyed out during this five year period and it is your position that yours became"otherwise buildable"by this action. It is also correct that if the same situation were the case after 1976,the new ordinance would allow buildable status for your lot. After review of all the facts,and especially the Horgan case and recent Zoning Board actions,I am now of the opinion that 27 Cherry Tree Lane is a buildable lot and entitled to a building permit. I believe the facts are different enough to support this conclusion. The previous variance issued by the ZBA,I believe,is not necessary as the new evidence and supporting documentation supports this new conclusion. Sincerely Ralph Crossen Building Commissioner RC:lb cc: ZBA Town Attorney g971106a r ' G BARNSTABLE ZONING BOARD OF APPEALS APPEAL NO. 1998-30 1: FLORENCE BACAS JOHN SNOW MEMORANDUM OF MARILYN O'BRIEN V . IN OPPOSITION TO APPEAL 'k RALPH CROSSEN, * AND BUILDING COMMISSIONER * IN SUPPORT OF THE BUILDING COMMISSIONER and MARIYLYN O'BRIEN k k�:k kk:k l A•*�c** t**�k k k Ak r:A k:t Introduction Florence Bacas and John Snow have attempted to appeal the decision of the Building Commissioner as set forth in a letter dated November 6 , 1997 in which he determined that the O'Brien lot, shown as parcel 104 on assessor ' s map 19 , was a buildable lot . The appeal should be denied and dismissed for the following reasons : I. . The purported appea] is untimely and fails to comply with the requirements of M.G . .t.,. c: . 40A section 15 . 2 . The petitioners lack standing as aggrieved person to take such appeal . 3 . The decision of t--he Bu:i_.lding Commissioner was correct, as the O' Brien lot is entitled to the grandfather provisions of the Barnstable zoning bylaw for undersized lots . FACTS The subject lot, shown on Certified Plot plan attached hereto as exhibit A, consisting of 21 , 499 square feet with 166 feet of frontage, is part of a six ( 6 ) lot subdivision plan which was recorded at Barnstable Registry of Deeds on January 5, 1961 in Plan r r page two Book 159 Page 91 . See attached exhibit B . The subject lot is shown as developers Lot 27 on said plan. The Bacas/Snow lot is shown as Lot 26 . On assessor' s map 19 , attached hereto as exhibit C, the subject lot is shown as Lot 104 and the Bacas/Snow lot is shown as Lot 157 . The proposed single family residence to be located on the O'Brien lot is located approximately 96 feet from the closest sideline of the Bacas/Snow lot . Most of the lots in the immediate area, including the Bacas/Snow lot are approximately 20, 000 square feet . At the time when the original subdivision plan was recorded in 1961 , all the lots conformed to the. area requirements of the zoning bylaw. In March of 1973, twelve years after the recording of the original subdivision plan, the minimum area requirement increased to one acre . At the time of the zoning :increase, the six lots shown as 104 , 105 , 128, 156, 157 and 160 were all vacant lots, with each held in common ownership with an adjoining lot . Thereafter within a five year period from the date of the zoning change, a series of conveyances occurred which resulted in each of the six ( 6 ) lots being held in separate ownership from any adjoining lot . Attached hereto as exhibit D is a schedule which shows the history of the ownership of the six ( 6 ) lots begining on the date of the zoning change up through the time of the issuance of the building permits for such lots . page three The subject lot was conveyed into separate ownership on June 25, 1973 . All these lots including the Bacas/Snow lot ( 157 ) have received building permits on the following dates : Ass . Lot Dev. Lot 160 / 21 March 18, 1987 128 / 23 May 24 , 1988 105 / 28 June 8, 1988 157 / 26 September 12 , 1988 156 / 22 September 12 , 1988 104 / 27 August 17 , 1992 Attached hereto as exhibit E is a letter dated August 4, 1992 to Joseph Daluz from Atty . Stephen Pizzuti in which he confirms for the Building Inspector the fact that the subject lot was conveyed into separate ownership on July 2 , 1973 . Based upon that information the Building Inspector properly issued a building permit for the subject lot. A copy of that permit is attached hereto as exhibit F. All of the construction allowed by said permits was completed in due course with the exception of the O' Brien house . The lot was excavated but construction ceased when Mrs . O'Brien' s husband had a heart attack and her daugter-in-law died by her own hand. Mrs.. O' Brien reapplied for a new permit in 1996 . page four In an undated letter from the building department, attached hereto as exhibit G, Mrs . O'Brien was informed that the department could not find the original permit . Mrs . O' Brien was informed that she needed a variance. She applied for and was granted a variance by the Zoning Board of Appeals . The grant of the variance was appealed by Bacas/Snow. New counsel for Mrs . O' Brien reviewed the zoning and ownership history of the lot and based on that information requested that the Building Commissioner reconsider the matter conclude that the issuance of the permit in 1992 was proper and that the O'Brien lot was entitled to a building permit as a matter of right. I Following a review of the facts, on November 6, 1997 the Building Commissioner properly issued such a determination . A copy of the Building Commissioner' s letter is attached hereto as exhibit H. On December 8, 1997 Bacas/Snow attempted to appeal the decision of the Building Commissioner by filing with the zoning board of appeals a letter, a copy of which is attached hereto as exhibit I . This letter was filed with the Board thirty-two ( 32 ) days after the decision of the Building Commissioner. On December 9 , 1997 Bacas/Snow attempted to file a second appeal by filing with the Town Clerk an appeal from the "Building Inspector' s Decision to issue a building permit . A copy of that appeal is attached hereto as exhibit J. That appeal was filed thirty three ( 33 ) days after the decision of the Building Commissioner. page five The original decision to issue a building permit in •1992 was correct . The second decision of November 6, 1997 was correct and must be upheld. Bacas/Snow are not aggrieved, their purported appeal fails to comply with the requirements of the statute and must be dismissed. The Purported Appeals by Bacas/Snow Fail to Comply With the Provisions of M.G.L._ c._40A Sections 15 and Must Be Dismissed. M.G. L. c . 40A section 15 states : "An appeal under section eight to a permit granting authority shall be taken within thirty days, from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof, with the city or town clerk, and a copy of said notice, including the date and time of filing certified by the town clerk, shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed, and to the permit granting authority, specifying in the notice grounds for such appeal. " In DiGiovanni v. Board of Appeals of Rockport 19 Mass . .App. Ct . 339 ( 1985 ) 474 N.E . 2d. 198 the Court stated: "The statutory requirement that section 15 appeals from the decisions of building inspectors ` specify the grounds thereof , we understand as mandatory rather than directory" . The Town of Barnstable official' form for section 15 appeals specifically informs the petitioner : - "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 all attachments as may be required for standing before the board and for a clear understanding of your appeal" . page six In neither the non complying document addressed to the zoning board dated December 8, 1997 nor the untimely statutory notice filed with the Town Clerk on December 9 , 1997 did the petitioner "specify the grounds" for their appeal . The appeal must therefore be denied and dismissed. The Transfer of the Subject Lot Into Separate Ownership From Adjoining Lots On June 25,._ 1973 Three Months After The Zoning Change Conferred Permanent Zoning Protection on the Lot. While the purported appeal fails to state any basis or grounds for the appeal , and one is compelled to anticipate what those grounds might be, a reasonable anticipation might focus on the grandfather provisions in the Barnstable relating to undersized residential I lots . The Barnstable zoning bylaw for many years up through and including the current version has had a provision which in essence states that if a lot which contains a minimum 7500 square feet of area and having twenty ( 2 ) feet of frontage seventy complied with zoning at the time the plan creating the lot was recorded, that lot shall be exempt from having to comply with an increase in area provided the lot is found to be held in ownership separate from adjoining lots prior to the expiration of five years from the date of the increase in the area . The most recent amendment to this provision expands the nature of protection by stating that protection vests if a house is built on one of two adjoining lots during the five year period . Attached as exhibits K and L are the two most recent versions of the pertinent provision of the bylaw. page seven Also attached as exhibit M is a copy of this board' s decision in Zellen and Fulham Appeal no. 1995-85 wherein the board agreed that the covneyance of a lot into separate ownership within the five year period after the increase in the area requirement confers permanent protection on the lot . The Barnstable bylaws have always specifically conditioned the availability of this protection on the fact that the lot must have conformed to Barnstable zoning when it was created. If it did not so conform, the protection is not available. Such a requirement is consistent with the result in the case of Tsagronis v. Board of Appeals of Wareham 33 Mass . App. Ct. 55 ( 1992 ) . There the Court held that where a lot was substandard and noncomplying at the time of recording of the original subdivision plan and had therefore already had the benefit of the statutory seven year "plan freeze" during which time it was buildable, it was not also entitled thereafter to the permanent protection provided by a different grandfather provision which was applicable to conforming lots which were conveyed into separate ownership within five years after the first increase in area. The most recent amendment entitled "COMMON LOT PROTECTION" makes it abundantly clear that this protection is to be construed as one harmonious provision applicable to conforming lots held in common ownership on the date of a zoning change . It is not two separate kinds of protection being "piggy backed" on top. Both the issuance of the permit in 1992 and the decision of 1997 were correct. The lot is a lawful building lot . page eight Bacas/Snow Are Not Persons__-_Aggrieved _A the Decision of the Building Commissioner M. G . L. c . 40A section 8 states : "An appeal to the permit granting authority as the zoning ordinance or bylaw may provide, may be taken by any person aggrieved . . . .by an order or decision of the inspector of buildings . . . . " . Aggrieved person status is no less a jurisdictional condition to maintaining an appeal to a board of appeals under G.L. c . 40A section 8 than it is to maintaining judicial review under section - 17 . Chongris v. Board of Appeals.__of Andover 17 Mass . App. Ct. 999 ( 1984 ) The petitoners as abutters are entitled to a presumption of aggrievement, but that: presumption recedes when evidence is introduced to challenge that presumption . Here the evidence shows that the petitioners lot i..s identical in size to the O'Brien lot . It too, like the O' Brien lot: was in common ownership when the area requirement in the d_i_stc,i.cC: Increased to one acre. See attached as exhibit N the memorandum generated during the variance proceedings which acknowledges the pt:.i.nc:iple regarding common lot protection, but questions whether the petitioner' s lot is lawful . The petitoners lot was given a building permit on the same factual and legal basis which they would now seek to deny Mrs . O'Brien. The -use of the O'Brien lot will be residential . The plot plan, exhibit shows that the house will comply with all sideline and setback requirements . The O' Brien house will be .located 96 feet from the nearest sideline of: the pet.:Lti.oners . page nine There is no evidence of any kind before the board which would demonstrate that the petitioners have suffered any injury sufficient to make them aggrieved within the meaning of M.G.L. c . 40A. See attached decision of the Superior Court in Benacerraf v. Douglas F. Allison, Trustee. Had it not been for the circumstance whereby the original permit was not acted upon in 1992 and had Mrs . O'Brien had counsel in 1996 who was familiar with the common lot protection provisions of the Barnstable bylaw, she would not have needed to apply for a variance, a proceeding which has provided Bacas/Snow with an opportunity to hinder and delay lawful construction on the lot. Conclusion It is requested that the decision of the building commissioner be upheld and that the appeal be dismissed for the reasons herein set forth . Marilyn O'Brien by h r attorney Edward W. ,' r ,P .O. Box 393 Osterville, Mass . 02655 ( 508 ) 428-4800 LOT 22 `1 LOT 21 166.00' LOT 2'7 21,494 J. tn EXISTING i z FOUNDATION (n0 1p LOT 28 20' W�0 N 96' LOT 26 Ln I 166.10' rHERR Y TREE ROAD 40' WIDE -------------- CERTIFIED PLOT PLAN TOWN: BARNSTABLE. (Cotuit) MASS. AARIL YN 0 'BRIEN SCALE: 1"-30' DATE: .1/2/98 REF.: ♦H 1 CERTIFY THAT THE ABOVE ITMWASAT TCONFORMEO TO TH OYVWN SLIZG IS LOCATED ON THE GROUND AS SHOWN, CHRISTOPHER CONSTRUCTED AND THAT THIS MORTGAGE INSPECTIONAS PERFORMED TIME COSTA ACCORDANCE WITH THE TECHNICAL STANDARDS FOR MORTGAGE LOAN INSPECTIONS No. 31305 y AS ADOPTED BY THE MASSACHUSETTS ASSOCIATION OF LAND SURVEYORS AND CIVIL <9pSTE � EN01�RS. INCORP AT THIS LOT IS NOT IN THE FLOOD PLAIN.CHRISTOPH CAS A P.L.S. DATE Cy) C'.HRIS TO PIER ' COSTA Assoc. P.O. BOX 128/465 MAIN STREET EAST FALMOUTH. MASS. lei- .06 ( .t i o ° r o .. i 26 / o . �.p zs.i00 o �. ti e.soo�.�o°. ,`.�! �•w.ir• (V/ p :.w.r 'mob. rs' l•'n �I ti E lCo. zo w '.to A 2 22 0 JJ� 'r`V vQ �• � `• 'Oo• < '�9 1) 3• 00 / P r^ ti ► �.� , �0 LO.i30 0-4 30 0 ..rN>. P/.>•so1. 0� r o. 00 �V ? 60 a pp, r s- a / V �► P ;: h � 3 c>�'�p rQ� �J^C � ' 0 L.� 14 O ..aQeTt 0 VZ40 ,L A. 31.PZZ 1mu / ° ram• ..- _ - t r� r -/1 / O b 4.39 n�cs a s 0 / 'ae �• o:V 0&ILIt1Al. ON FLLE o.r 'a o ^ 0 °cam 0 1 Z 0 .00r,. / v 1 P F U �i a ) V SCALE 0/W. •i•.� •` O JUOD/V/1/ON Ol yip Oir ^1 'Hl SO"i .J Ot' LAND /N 0 0 BANSTAB � a r roe \ b '•�'pp ' 0 i ~ �`�`b• It,.•..I .,\ 11.• i I 3CAL E: DA TC ac u (' , 9p•. 1 1ti 100 F T 11 AUGUST - t � CNAkL[7 N. 3AV[RY CO. � ENGINEERS - 34,10VEV0123 ---- -- 1T ---------- I CATVIT• FAIMOV'I 4, MADS .....•.,. -- nn..-nM•..nr....... .r.;?�?Oa+eN,..«+evP++awy^w - _ .. ..�se�,`{.na+Ew�eer+lo.+A,,.. :..•.,......... ...,r,.,_a......,�...,. .. _ b . MAP 19. Pa,rcel .104 ISM 87 38 86 j t08 1 nu . ( 4� CAN 123 SAAC 14 .�. 173 � �::,�:., it c Mri � ' c- �� � • -�::._, � ��. sth -��r � i 11 101-1 r t 99 �:i I J.tS7K41It K ' INK % figs 1 ;9 101-1 106 1 1Mw OAKW?o ( �t TREam K IE'7 128 isf is Y'f 151gL f i 160 1 177 c. 0154 —.f � 15 T...... T r. _ 1 10 26 / III L '�—T tNK j QNK titK 20 }._ 24 22 �. 3 wl� -�_�. 5 ` •e 21 aA 111 17 sts 19 r . +::4:;--:�.— � 1(. - . •-1 1i1�. 1� 1 11Q ;; l l c c,,-',;Y. •- - LLJ r-ir' W t. W :1 1 r�r as+r JI 1 '.-1 r CHRONOLOGY OF LOT HISTORY YEAR 1960 PLAN APPROVED AND RECORDED ALL LOTS 20, 000 OR MORE 1973 (Mar. 24 ) ZONING CHANGES FROM 20, 000 TO 43, 560 LOCUS LOT 21 LOT 27 LOT 28 1973 INA SWEENEY INA SWEENEY INA SWEENEY (Mar . 24 ) 1973 AMY LOCKE MARGARET MCCANN INA SWEENEY (June 25 ) 1985 JOHN SWEENEY ANN JONES INA SWEENEY CONSTANCE PIERSON PAUL SWEENEY 1987 OAKDALE TRUST, ANN JONES TRESCO LTD. CHAS . GIRARD, CONSTANCE PIERSON TRUSTEE PAUL SWEENEY 19k17 0AKW00f.) 1t1,;l11,'I'Y PAUI., SWE'Ii;NI,;Y fNA SWEENEY SWEENEY,JOHN CONSTANCE L'IERSON SWEENEY, ANN JONES 1988 OAKWOOD REALTY JOHN J. rl.'EGAN THUET AND BANDI TRUST, JOHN SWEENEY, 1989 RAYMOND GREEN, IN(: J0IIN J . TEGAN THUET AND BANDI 199,0 . SUSAN & R CIIAHI..) INA SWWENE.Y THUET AND BANDI C'LEMENTS 1:990 SUSAN & RIC'HARD MARILYN OBRIEN THUET AND BANDI ' CLEMENTS - •rw,+woM.. ar,..•r+....w.Sw.Kp`5+r'X..vMi'na _ ,t.f ..,,,.•...w.•e.,.,rw•,.:. ..... YEAR LOT 23 LOT 26 1968 ELAINE MYCOCK, JAMES & ELIZABETH TRUSTEE RONRICK TRUST SOUZA 1972 ELAINE MYCOCK, ELAINE MYCOCK TRUSTEE RONRICK TRUST TRUSTEE RONRICK TRUST i 1973 March 24 ) ZONING CHANGES FROM 20, 000 TO 43, 560 1973 RONALD J. MYCOCK J ELAINE MYCOCK deed dated 5/29/73 TRUSTEE RONRICK TRUST recorded 6/29/73 1987 ELAINE MYCOCK RONALD J. MYCOCK, deed dated 6/29/73 TRUSTEE, L& S FAMILY recorded 8/20/87 TRUST deed dated 8/7/87 recorded 8/20/87 1987 RONALD J. MYCOCK dated and recorded 8/21/87 1987 JOHN J . MCSHANE - MCSHANE CONSTRUCTION CO. deed dated 8/27/87 deed dated 8/27/87 recorded 8/28/87 recorded 8/28/87 1.988 PRESCOTTANO BACAS & SNOW BENNE`l'll 1 2/16/88 6/ I :3/t3ti 1997 DEGNAN BACAS & SNOW L OWALLEY & PIZZUTI, P.A. ATTORNEYS AT LAW $36 SOUTH STREET HYANNIS, MASSACHUSETTS 02601 MARTIN J.OXALLEY,JR.,P.C. TELEPHONE(608)775.7100 STEVEN J.PIZZUTI FACSIMILE(608)780-0072 MICHAEL J.MURPHY August 4, 1992 Town of Barnstable Town Hall Main Street Hyannis, MA 02601 ATTN: Joseph Daluz, Building Inspector Dear Mr. Daluz : Please be advised that I have reviewed the title to Lot 27, Cherry Tree Road, Cotuit (B.C.R.D. Plan Book 159 Page 91) . Title to Lot 27 was separated from abutting parcels by deed recorded July 2, 1973 in Barnstable County Registry of Deeds in Book 1889 Page 241 . Should you be in need of further information, please do not hesitate to contact me. ery truly y r , even u SJP/dd .:w.,. q;#7Sar.•W.#�4Yxw'is!Mi•,^..c„r.,k.,..e. . .: . ,Mw_.:a:••ai .,W.+w..er,w..r..wr.,,a....,.,...a•2 .., _ t 3 i �' '`{•c. t�<i<y�t;r..<�49.�J f}s }"yf[yts wce e�`F••� ''� . x� yewti ^N < )w1� ", - 00, � .. >n,.,-r�. �"l"� ;,-:tt�II;'y� ,�r f �s t�d.?!'t`�€ ,y� '�,� a nr f. ii�l •�-.`•.` -�'z a r �s..:��(`�i >� � f .� � `k� F��. '+ks �lr LY; 7. w' sS3'>,�"f' �,�. c rR P"�r 1.7 3� K '=`-e s:..a..k, i ..t �, --,r�•'a ?A.- c�� 1';,�►2 y �}_'fit {S]�;; .�"+x�sYzjj t �:{, �'� �'.; t+ iS��L� y-'3£�#5.�.�, }`� r a t'!i-�` �� �tvYy}"* ..ri ;�• 4=i1q',,+� $ k.7� 4 �� '_ 4•� � ` :�f� }K a.� ay�r-rf'�G � f!��t .yih--i s%4" s�r \ � KY•; .t A'M x.�. � It 'T j ' '° ..:'f"i - � . F�,i . .! w•��.. r � r�`. _Y;. ^ s°�l.`r � � Q -�1NL�4-s�L pt a�r� T' A IKE R The Town of .ARN3I'ABLE, . Barnstable o� � Department of Health Safety and Environmental Services Building Division 367 Main Street, Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner Mrs. M. J. O'Brien 64 Oak Street Cotuit, MA 02635 RE: A=019-104 Lot 27,Cherry Tree Road,Cotuit, MA Dear Mrs. O'Brien: This office has been unable to locate the original building permit application for the above referenced parcel, located at 26 Cherry Tree Road,Cotuit. Please contact me at this office regarding this matter. Sincerely, 4AFrc,d E. Martin Building Inspector AEM:Ib y951218a , i i r L ' °PIKE The Town of Barnstable + BARNSCABM • Department of Health Safety and Environmental Services ATEDp Building Division 367 Main Street, Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner November 6, 1997 Edward W. Kirk Attorney at Law Wianno Place 901 Main Street Osterville,MA 02655-0393 Dear Eddie: I read your letter concerning 27 Cherry Tree Lane in Cotuit and'after a long time researching the issue, I believe I have an answer for you. Your situation involves a lot that was commonly owned during the 5-year period after the by-law change in 1973. One of the two lots(not yours)was conveyed out during this five year period and it is ' your position that yours became"otherwise buildable"by this action. It is also correct that if the same situation were the case after 1976,the new ordinance would allow buildable status for your lot. After review of all the facts,and especially the Horgan case and recent Zoning Board actions, I am now of the opinion that 27 Cherry Tree Lane is a buildable lot and entitled to a building permit. I believe the facts are different enough to support this conclusion. The previous variance issued by the ZBA, I believe, is not necessary as the new evidence and supporting documentation supports this new conclusion. Sincerely Ralph Crossen Building Commissioner RC:lb F cc: ZBA - Town Attorney y971106a C � O QUIRK AND CHAMBERLAIN, P•C• Inn //gy�pp GrtE0212E111 an C..Ou111£LLOZS.at LQUT ✓J 99 WILLOW STREET JAMES H.OUIRK.JR POST OFFICE BOX 40 --_ ;© BARNSTABLE, ROBERT C.CHAMBERLAIN YARMOUTHPORT. MASSACHUSETTS 02 67 5-0009:. POST OFFICE BO> PAMELA B. MARSH 508/362.6262 gggNSTABLE. MA THOMAS J. PERRINO FACSIMILE 508/362-6060 508/362•43I a ANASTASIA WELSH PERRINO OF COUNSEL WILLIAM E.CROWELL.JR. December 81 1997 Chairman, Board of Appeals Town of Barnstable Hyannis, MA 02601 RE: APPEAL OF BUILDING . INSPECCTORI, RALPH CROAT SSEN'S, DECISION TO GRANT A BUILDING 23 CHERRY TREE, COTUIT, IN THE NAME OF O'BRIEN OUR FILE NO. 902 8455 Dear Sir or Madam: - This letter constitutes a notice of appeal of the decision of the Building Inspector, Ralph Crossen, to grant a building permit on property which is presently subject to an appeal of the gant of a variance by the Board of Appeals. At the request of Mrs. O'Brien' s attorney, the Building Inspector baseand ned hisueds original ratgona for determining that a variance was required permit to 27 Cherry Tree, Cotui99ThNolnoticeetter toftthishe eactiontwas eve attorney is dated November 6, 17 . provided to the abutters, John Snow atheF30thnce dayBwould haveacas, the pbeentonf in the Superior Court action. Since Saturday, their right of appeal should be h Mr. thisa ealtdounotrogh twaivesadclaim that Snow and Ms. Bacas, by raising PP spector' s decision in they were entitled to notice of the Building therefore, constitutes an view of the pending lawsuit. This le permit appeal of the grant by the Bu ilding Inspector of the building p the O' Brien property. If, as a result of this correspondence you have any questions, pleasE do not hesitate to contact me regarding same. Very truly yours, QUIRK AND CHAMBERLAIN, P.C. James H. Quirk, Jr. , Esq. ' JHQ/mre TOWN -OF BARNSTABLE Zoning Board of Appeals Application for other Powers Date Received For office 13eer only: Town clerk office DEC.- 9 G97 Appeal Hearing 'Date ' �' WellQ8 Decision Due U The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: Applicant Name: John Snow/Florence Bacas Phone (508..) .'362-6262 Applicant Addreas: c9/9° 121ow Btr e Kok P4*0� Yarmouthnnr+ r MA 02675 Property Location: 70 Oakwood Road, Cotuit, MA 02635 This is a request for: [] Enforcement Action (� Appeal of Administrative Officials Decision [] Repetitive Petitions [] Appeal from the Zoning Administrator [ ) other General Powers -.Please specify: Please Provide the Following information (as applicable): Property owner: Marilyn O 'Brien , Phone Address of owner: 26 Cherry Street If applicant differs from owner, state nature of Interest: Abutter Assessor's Hap/Parcel Number 19/104 Zoning District RF Residential F. Zoning Groundwater Overlay District which section(s) of the Zoning ordinance and/or of HGL chapter 40A are you appealing to the Zoning Board of Appeals? Building Inspector' s Decision to .issue a building permit Existing Level of Development of the Property - Number of Buildings: None yet Present Dse(a) : Gross Floor Area: sq. ft. .,wue;x.rc - ,., ,, � ,.,..,,,,....r.•.r,,.,,N„4, +�� . . .. ,T�i�'@��2Ki:M1eW�t+l�wntw;",.- ..ere- rM�' Application for other Powers i Nature b Description of Request: Appeal of Building -Inspector' s Decision to issue a permit Attached separate sheet If needed. Is the property located in an Historic District? Yes [] No )J] If yes oKA Use only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [] No If yes Historic Preservation Department Use only: Date Approved Has a building permit been applied for? Yes r) No (] Has the Building Inspector refused a permit? Yes [) No Has the property been before site Plan Review? Yes [) No (] For Building Department Use 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. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination. signature: Date: / J g �j- A U ca n oi Agent's Stgna u'I����i�u. Agent*s A dress: Phone: Fax No. i �� � or premises, or part-thereof Laing, or ally lawful use the Zoning Ordinance was originally adopted in the area the at the time in which such building or use is located, may be continued, although such building or use does not conform to the provisions here 1-4 .2 Change from One Non-Confo mi of. non -conforming use, an alteration, to Another: Any change of a of an existing non-conforming buildingloraston or increase in size non-conforming use on the same lot, or use ofexisting extend the construction of a new building or structure, shall only be provided that: Y allowed 1) The proposed change is from one i non-conformng use to non-conforming use only; one other 2) The proposed change is no more objectionable or substa detrimental to the neighborhood; and ntially 3) A Special Permit is obtained from the Zoning 4-4 . 3 Reconstruction of Dama ed Non-Conformin B Board of Appeals. uildin s• 1) Any lawful non-conforming building which has been fire or other cause to any extent damaged by providing the owner shall a l , may be repaired or rebuilt, pfor aoperations for restoring orrrebuildingb said ibug ildingtwiand thintart twelve (12) months after such catastrophe. 2) Any proposed increase in floor area of such damaged building shall not commence unless a Special Permit is Zoning Board of Appeals as pp per Section 4-4 . 2 granted by the p herein. 4-4 . 4 Re-Establishment of Certain Non-Conforming Uses: conforming use which has been abandoned or not usednforofive 5) years shall not be shall not be re-established, nor shall it be replaced with another non-conforming use. Any subsequent uses in such insta�ces shall conform to the requirements of this ordinance. 4-4 • 5 Non-Conforming LotsLWhen ExemotPd- plan or deed duly recorded, or any lot yshown lotlonfal ply anaid endoout rsedy a with the words "approval under the subdivision control law not required" or words of similar import, which complies at the time of such recording or such endorsement, whichever is earlier, with the minimum area, frontage, width and depth require ments, if any, of the zoning ordinance in effect at the time of such recording or endorsement may thereafter be built upon for residential use ' (notwithstanding amendment of the zoning ordinance changing such requirements., including yard requirements or more than one such requirement, in excess of those in effect at the time of such recording or such endorsement) if: 70 1) At the time of the adoption of such requirements or increased requirements or while building on. such a lot was otherwise permitted, whichever occurs later, such lot was held in ownership separate from that of adjoining land located in the same residential district; or 2) At the time of the adoption of such requirements or increased requirements, such lot was held in common ownership with that of adjoining land located in the same residential district, but then only for a period of five (5) years from the date of such recording or such endorsement, whichever is earlier; And further provided in either instance, 3) At the time of building, such lot has an area of seventy-five hundred (7500) sq. ft. or more and a frontage of twenty (20) feet or more, is in a district zoned for residential use, and conforms except as to area, frontage, width and depth with the applicable provisions of the zoning ordinance in effect; and 4) Any proposed structure is to be located on such lot so as to conform with the minimum requirements of front, side and rear :3 setbacks, if any, in effect at the time of such recording or 7 such endorsement, whichever is earlier, and to all other requirements for such structure in effect at the time of building. rc f 0 4-5 Vision Clearance Corner Lots w 4-5. 1 Vision Clearance on Corner Lots: In residential districts, on y � corner lots, no fence, wall or structure, planting or foliage more than three (3) feet in height above the plane of the established grades of the streets shall be allowed in any part of a front or � side yard herein established, that is included within the street lines at points which are twenty (20) feet distant from their point of intersection measured along said street lines which will n materially obstruct the view of a driver of a vehicle approaching a street intersection. � I _CL 4-6 'Special Standards Certain Subdivisions L-6. 1 Planning Board Standards Certain Subdivisions: The Planning Board, as part of its review of subdivisions within five hundred (500) � feet of the major arteries known as Routes 281 1321, 149 and West Main Street, is hereby authorized to: 1) Prescribe, in distance and composition, a vegetation buffer � . strip between said major arteries and a proposed subdivision. a L 2) Locate streets within a proposed subdivision so that: A) Ingress and egress onto the aforementioned major arteries is safe, efficient and convenient; 71 '�k� t Ver!�*n to be recommended by Town Attorney, 10/16/95 2) COMWn trot Protecfion: Any increase in the area, frontage, width, yard or depth requirement of the Zoning Ordinance shall not apply for a period of 5 years from the effective date of the change, to aLlot jor single or two-family residential use that: A) is held in common ownership with not more than 2 adjoining lots; and B) had a minimum of 7,500 sq, ft. in area and 75 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and C)was recorded or endorsed on a plan that conformed to zoning when legally created; and D) conformed to applicable zoning requirements as of January 1, 1976. The protection afforded by this paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence. 3) Aprxoval Not Required Pldn Protection: Any change in uses permitted under the Zoning Ordinance shall not apply to any lot created by a plan endorsed by the Planning Board as a plan not requiring approval under the Subdivision Control Law for such period of 3 years from the date of endorsement, as provided by G.L. Ch. 40A, Section 6. • i d)SubdMdon-Plan Protection: Any change in the Zoning Ordinance shall not apply to land shown on a plan under the Subdivision Control Law by a duly submitted and endorsed definitive subdivision plan, or a preliminary plan followed within 7 months by a definitive plan, for such period of 8 years from the 3 ._r%• r r ii � ' P Town of Barnstable Zoning Board of Appeals Decision and Notice'�" Appeal Number 1995-85 Zellen and Fulham Summary Overruled the Decision of Building Comm ss oner Applicant&Owner.- Thomas G. Zellen and Gerarda M. Fulham Co-Executors of the Estate of Barbara A. Fulham Applicant's Address: 145 East Bay Road, Osterville, MA Assessor's Map/Parcel: 140/160-2 Zoning: RC Residential C Zoning District Groundwater Overlay: AP Aquifer Protection Overlay District Applicant's Request: Appeal of the Building Commissioner's Decision that the lot In question does not have the benefit of non-conforming and is therefore unbuildable. Background Information: The locus of this appeal is a "Pan Handle" lot fronting 20 feet on East Bay Road. The pan handle runs approximately 340 feet in length to the buildable portion of the lot. The lot is presently vacant and contains a total of 0.59 acres. From information submitted with the application, the lot was created in 1984 and the applicant has owned it since 1991. The lot was created by a plan titled "Subdivision Plan of Land in Barnstable (Osterville)"by Baxter& Nye Inc., Surveyors, and dated October 17, 1984. Procedural Summary: - This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 7, 1995. 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 on August 23, 1995 at which time the Board found to over rule the decision of the Building Commissioner. Board members hearing the appeal were: Ron Jansson, Richard Boy, Emmett Glynn, Gene Burman and Chairman Gail Nightingale. This appeal was heard consecutively with Appeal No 1995-86, which was a petition for a variance to minimum lot area also requested by the applicant for the locus. Attorney Michael Ford, represented the appeal before the Board. He presented a Memorandum in support of the appeal and petition to the Board, a copy of which was submitted to the file. Attorney Ford gave the history of the creation and transfer of the lot. It was created on 10/29/84 by the Planning Board endorsement of an ANR plan. The plan divided the land to create Lots No. 24 (Assessors No 160-1) & 25 (Assessors No. 160-2) on the plan, both of which conformed to zoning at the time. On 2/28/88 the Zoning District was change to an RF District that caused the minimum lot area requirements to change for from 20,000 Sq. Ft. to 43, 565 Sq. Ft. The ANR Plan was approved by Land Court on 9/10/86. The lot in question - Plan Lot No 25-was transferred out of common ownership with Lot 24 on 10/3/86. Separate ownership of the two lots was established. The present owner of the lot purchased the land in 9/28/91. Attorney Ford cited that the Building Commissioner has interpreted that the lot in question does not have the benefifsof a non-conforming undersized lot as per Section 4-4.5 of the Zoning Ordinance because no dwelling unit was built on.the lot within the 5 years of grandfathering. Attorney Ford cited that Section 4-4.5 should be interpreted that a lot which is transferred into separate ownership from all adjoining lots within the 5 year grandfathering period retains the e,.,..,ru,na!M✓�la ewva•.,.iw"Kw. ,. ,:. -:. ....,. . .. , � vGntrvov.. f :ci ivuinoer 1995-d5 - Zellen and Fulham buildability under Barnstable Zoning Ordinance. He cited that the lot was legally created in conformance with zoning in 1984 and that the zoning change of 1985 grandfathered this lot for a period of 5 years from the change in zoning. The lot having been transferred into separate ownership within that 5 year period (1986)grandfathered the buildability of the lot permanently. Next Attorney Ford reported his conversations with the abutters to the ro ert . the Sullivans (owners of Lot 24)would grant a driveway easement If necessary to go over their He also addressed the concerns of another neighbor regardingproperty. p y � Indicated that the driveway. Attorney Ford cited that the stand of trees wAttorney the possibility of the cut of trees for There would be only one curb cut (as exists now) to service b would remain. d not be cut down and lot. oth lots. Chairman Gail Nightingale asked for public comments. No one spoke in favor. Speaking in concern for the proposal was Nancy Borg, 149 East Bay Road, Ostenrrlle. She expressed her concern for the stand of the trees along the common property line. Ernest DeWitt also spoke against the appeal. He indicated he had different square footage measurements for the drivew and lot size. ay Attorney Ford addressed Mr. DeWitt's issues, and again reiterated that the trees would in fact remain. He clarified the turnaround on the west side of Lot 24 that will help facilitate the turnip around in the driveway. The Board noted that in overriding of the Building Commissioner the could not condition the decision. Attorney Ford remarked that regardless of the Boards action 9 the lot is ever developed the trees would remain and a common access easement would be y established. if Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board unanimously found the following findings of fact: usly 1. The property is located at 145 East Bay Road, Osterville in RC Reside and is shown as Assessor's Map 140, Parcel 160-2. ntral C Zoning District 2. The lot is a "porkchop"shaped consisting of 0.59 acres. 3. The lot was created by an Approval Not Required Plan (ANR Plan) endorsed b the Pla Board on 10/29/84 and that met the requirements of zoning at that time. y nnrng 4. The lot in question is presently vacant and has been in separate ownership as of 10/3/86 0 year after the increase in zoning lot area requirements and is not currently in combined ne ownership. laid out by a plan or deed duly recorded with the words 'approva 5. Section 4.-4.5 of the Zoning Ordinances Non Conforming Lots states the "any lot lawful) l under the subdivision contr I law not required'...At the time of the adoption of such requirements or increased requirement such lot was held in common ownership with that of adjoining land located in the same residential district, but then only for a period of five (5) years from the date of such recordings or such endorsement, whichever is earlier. Therefore it is buildable under zoning. Decision: Based upon the findings a motion was duly made and seconded to overturn Commissioner's finding that the lot does not have benefit of non-conforming loot Building The vote was as follows: 4. Aye: Chairman Gail Glynn, and Gene Nightingale, Ron Jansson, Richard Boy, Emmett Gl Nay: None. Burman. IOrder: The Board has overturn the decision of the Building Commissionerand ha does have the benefit of a legal non-conforming lot. s determined that the lot . 2 ca rvutnuer 1995-85 - Zellen and Fulham ` Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MG Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision in the office of the Town Clerk. ! IGI ighting e, Chai an S 1995 Date Sig ed 1 '�.... . : I .' M!'!U�pel�sbMigwr M'w;.:MM!A'/M?�R(f.M;Mi9dflYVbWkK.@(R1tldYMY..iq.1n'SY/d'OMMA`N!1?U.h" Aaw JnLit.;rMa:NlYf.l`.w +. .%F. G �/ " Bacas, Florence&Snow, John T. 70 Oakwood Cotuit, MA 02635 Assessor's Map Parcel No. 19-157-� During the public hearing on appeal No. 1996-22 -O'Brien, the Board noted that many of the neighboring homes were built on undersized lots in the area of the appeal. The Board raised the question to the staff if these homes were legally built in conformance with zoning given.that zoning in the area changed in 1973 and that many of the homes were recently built..Did other lots ih the area have the same probe that the O'Brien's lot had-Common Ownership? , -The Board Aa�the staff to look into the matter. f In a cursory search, we have discovered the above referenced lot appears that it to may share in this problem of common ownership and may not fully conform to the requirements o Zoning and MGL Chapter 40 A. It appears the lot may have been in common ownership in 1987 by the fact that it was transferred at that time for a nominal fee of$1.00. This transfer occurred 14 years after the zoning change and if in common ownership would not have been grandfathered by the subdivision nor by the 5 year period granted under the zoning ordinance for transfer of common lots. The Home was built in 1988. The owner should be contacted to verify that no common ownership occurred after the zoning change 1973. file-Q - Planning-current plan -zba-letters-"I-0312.doc" i V" . v II '. TrIntatomralt4 of Massa0awrtb BARNSTABLE, ss. SUPERIOR COURT N6 96-324 BARUJ BENACERRAF VS. DOUGLAS ALLISON, Trustee of Allison Realty Trust et al` MEMORANDUM OF DECISION AND ORDER This action pursuant to G.L. c. 40A, § 17, was submitted to the Court on an Agreement as to Stipulated Facts together with briefs filed by all parties on the issues of law and the documentary evidence to be considered by the Court. As part of the documentary material submitted and considered by the Court was the Agreed Statement of Facts together,,pith exhibits lettered A-M, a copy of the zoning by-law c. 240, an Administrative Record, the same being §§ 1-10. A. Statement of Case This is an action brought pursuant to G.L. c. 40A, § 17. On June 20, 1994, the Board of Appeals of the Town of Falmouth granted a variance (Exhibit G) and a r special permit (Exhibit F), which together authorized the construction of a new dwelling on Lot 107 on Fay Road in the town of Falmouth. The plaintiff is a direct abutter to Lot 107. Said lot is located in Zoning District Single Residence AA in the town of Falmouth (Falmouth Code § 240-67) which district required a minimum of 80,000 square feet and 200 feet of frontage to construct a single-family dwelling. On February 28, 1996, the defendant, Douglas Allison, requested an extension (Exhibit 1Board of Appeals, Town of Falmouth and Trustees of SHR Realty Trust. (1992); Harvard Square Defense Fund Inc. v. Planning Board of Cambridge, 27 Mass. App. Ct. 491, 493, review denied, 405 Mass. 1204 (1989). In the present case, plaintiff puts forth no evidence of injury. Plaintiff relies on the fact that he is an abutter, thus assumes standing is conferred upon him. However, as stated above, standing is a rebuttable presumption. Defendant has challenged plaintiffs standing; thus, the burden has shifted to the plaintiff to present credible evidence to substantiate his claim for injury as an abutter. Plaintiff must show that he will suffer an injury beyond that which others would suffer. There are no concrete facts articulated indicating a legally aggrieved person in plaintiffs original memorandum or in plaintiffs supplemental memorandum which specifically addresses the issue of standing.' Even under more liberal concepts of standing, "direct, substantial, and ascertainable" loss to the plaintiff must be shown. Boston Edison Co. v. Boston Redevelopment Auth., 374 Mass. 37, 46 (1977). Injury to the plaintiff must be definite and material and not based upon a mere "speculative personal opinion," as plaintiffs injuries are here. Cohen v. Zoning Board of Appeals of Plvmouth, 35 Mass. App. Ct. 619, 622 (1993), review denied, 417 Mass. 1101 (1994). The plaintiff must demonstrate specific instances of injury. Attempting to protect the tenor and character of his neighborhood does not fall within category of special injuries to be suffered by the plaintiff. 2Plaintiff further alleges that defendant' s attack on plaintiff 's standing is not timely. However, again there is no basis set forth as to why it cannot be addressed at this stage as defendant has done. "Lack of standing may be raised at any point in the litigation, including after adjudication on the merits and during appeal, if the record shows lack of standing as a matter of law. " Barvenik v. Board of Aldermen of Newton, 33 Mass. App. Ct. 129 , 131 n. 6 (1992) . 4 2. What constitutes an exercise of a variance "If the rights authorized by the variance are not exercised within one year of the date of the grant of such variance such rights shall lapse. . . ." G.L. c. 40A, § 10. The grantee of the variance may apply for a six month extension prior to expiration of the one year period. Id. Once the initial variance lapses, there must be notice and a new hearing. At the new hearing, property owners must, once again, prove the existence of each of the statutory conditions for a variance. Id. See Hunters Brook Realty Corp. v Zoning Board of Appeals of Bourne, 14 Mass. App. Ct. 76, 80-81 (1982). However, where a variance has been exercised prior to the one year limitation, there is no issue of lapse. In Hogan v. Haves, 19 Mass. App. Ct. 399, 404 (1985), the court held that there was a sufficient exercise of the variance when the owner sold the lot and buildings thereon to the plaintiffs predecessor. 'Hogan involved a contiguous lot divided pursuant to a variance. The owner sold one lot«ith a home built upon it and planned to build a rlew home on the second lot. Id. Before the owner could sell the second lot the one year time period expired. However, the court held that there was already a sufficient exercise-of the variance. Id. In the present case, a variance was granted on June 20, 1994. A part owner of the property Heather MacLaughlin conveyed her interest in lots 107 and 108 to the Trustee of the SHR Realty Trust on January 11, 1995. The recorded deed described the two new lots formed as a result of the variance. (See £xh. 8 - Administrative Record). Ms. MacLaughlin's actions were well within the one year time frame, thus constituting a valid exercise of the variance through her conveyance. 5 Furthermore, there was a stipulation among the parties that the validity of the special permit was conditional upon obtaining and recording a variance that gave Lot 107 "status under zoning." The board granted a variance to allow the conveyance and confirmed the status of the lots as legal nonconforming lots. On February 28, 1996, the building commissioner confirmed that the variance had been exercised and was still in force. (See Exh. I - Administrative Record). Therefore, defendant argues that even if the variance is not considered exercised as a result of the conveyance, the variance was exercised when it was recorded. This, defendant argues, is because the purpose of the variance «,as to render the status of the property as legal. An exercise of the variance was accomplished by recording the variance and special permit with the Barnstable County Registry of Deeds on August 5, 1994. The variance in this case did not require any imminent affirmative steps on the part of the owner, such as the beginning of construction. It simply called for a determination as to the legal status of the lots. The special permit, however, did call for the actual razing of the structures. 3. Power to grant an extension of a special permit Plaintiff alleges that the Board exceeded its authority by.extending the special permit, thus committing an error of law. The Code of the Town of Falmouth require that "[a] special permit granted under [the Code] shall lapse two (2) years from the date it is granted if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if the construction has not begun by such date, except for good cause. The,determination of good cause shall be made by the special permit granting authority." Falmouth, Mass., Code c. 240, § 240-221. 6 aYWJ9Y..�1'A/��i.'.. .� ''........... ��.......r.rwn. .. �+Ti� .. .. ..:/tlWt•f*F.'!.rtn ... WY+wdn..w w The Board determined that there was good cause as to why the special permit had not been acted upon. This, I .vould suggest, was within the powers of the Board of Appeals and is not an error of law. Based upon the conveyance of a part interest in the property, and the prior determination by the building commissioner that the variance had been exercised, the Board agreed and concluded that the variance had been exercised. Further, the Board concluded that.an extension of the special permit was in the best interests of those involved. The owners had shown good cause for a delay in acting upon the special permit. (See Exh. 8 - Administrative Record). A prospective purchaser had undertaken substantial steps to develop the property as a single building lot. Here, the determination of good cause was within the powers of "the granting authority". That granting authority vas the Zoning Board of Appeals. D. Rulings 1. The plaintiff is not a person aggrieved within the meaning of G.L. c. 40. 2. The Falmouth Zoning Board of Appeals did not exceed its authority nor did it err as a matter of law in its decision that the variance granted on June 20, 1994, had been exercised and was still in effect. 3. The Falmouth Zoning Board of Appeals did not exceed its authority by extending the special permit originally granted on June 20, 1994, for an addition two years. ORDER FOR TUDGMENT The Clerk's Office is instructed to enter the following Judgment: The April 17, 1996 (#38-96) decision of the Falmouth Zoning Board of Appeals in extending the special permit granted by said Board on June 20, 1994 (#61-94) for an additional two-year period is AFFIRMED. 7 The April 17, 1996 (#38-96) decision of the Falmouth Zoning Board of Appeals that the variance granted by said Board on June 20, 1994, (#62-94) had been exercised and that said variance is still in effect and that Lot 107 is eligible for a building permit is AFFIRMED. It is further ORDERED that this appeal'pursuant to G.L. c. 40A, § 17 be and hereby-is DISMISSED as the plaintiff lacks standing as an aggrieved person. lizab th J. Daerior ce of the Court DATED: November 10, 1997 �A..true copy, testa <�, �rk 8 f 1 THE . "�. The Town of Barnstable • MPuvsr,►B�&, • Department of Health Safety and Environmental Services 039. ArEDMO'�� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner November 6, 1997 Edward W.Kirk Attorney at Law Wianno Place 901 Main Street Osterville,MA 02655-0393 Dear Eddie: I read your letter concerning 27 Cherry Tree Lane in Cotuit and after a long time researching the issue, I believe I have an answer for you. Your situation involves a lot that was commonly owged during the 5-year period after the by-law change in 1973. One of the two lots(not yours)was conveyed out during this five year period and it is your position that yours became"otherwise buildable"by this action. It is also correct that if the same situation were the case after 1976,the new ordinance would allow buildable status for your lot. After review of all the facts,and especially the Horgan case and recent Zoning Board actions,I am now of the opinion that 27 Cherry Tree Lane is a buildable lot and entitled to a building permit. I believe the facts are different enough to support this conclusion. The previous variance issued by the ZBA,I believe, is not necessary as the new evidence and supporting documentation supports this new conclusion. Sincerely Ralph Crossen Building Commissioner RC:Ib cc: ZBA Town Attorney - g971106a 'EDWARD:W: K,1RK ATTORNEV At LAW- ,W ANNO;PL'ACE 9,01'MAIN STREET `P. O. BOX 393' 'OstEtfmLLE,+MASSACHUSET,TSO 26SSwO393 FACSIMILE (508).428-4800; 1508)428-4111 Ralph Crossen October 24, 1997 Building Commissioner Town of Barnstable 367 Main Street Hyannis, Mass . . 02601 Re: Lot 27 Cherry Tree Lane Map 19 parcel 104 Dear Ralph: This letter is a furthe,r-suppl:ement to my, letter of October 9 , 1997 relative to the application for a building permit for the above referenced lot. I believe that the primary question is whether the Land Court decision in the case of Horgan v. Barnstable ZBA Land Court no. 163150 (dated October 9 , 1996) which .appears to reject the argument that Barnstable' s prior zoning ordinance allowed undersized lots to obtain permanent protection if they were placed into separate ownership within five years after the zoning change, is controlling in this case. For the reasons which follow, I request that you determine that it is not controlling. The Horgan result was based upon language contained in Tsagronis v. Board of Appeals of Wareham wherein the Appeals Court stated that an owner could not "parlay one dispensation into another" . In Tsagronis the court was dealing with lots which, at the time they were shown on a preliminary plan "complied" with existing area requirements . But by the time the plan was approved and recorded, the area requirements had increased and the lots were undersized on the date when the plan was first recorded and on the dates when the lots thereafter went into separate ownership. Because the lots in Tsagronis did not "comply at the .time of recording" , but had remained buildable only through the benefit of the seven year "plan freeze" contained in section 7A, the owners could not equate that specific "plan freeze" protection with the actual compliance with current area required in order to claim the protection of 5A. Therefore they could not claim the benefits available to lots which conformed to zoning at the the time of recording, had never had a need to use or exercise rights under a prior freeze, and which had been transferred into separate ownership while otherwise buildable . Ralph Crossen October 24, 1997 page two Because they were undersized at the moment of their creation on record, the only protection which the lots in Tsagronis enjoyed was the seven year "plan freeze" protection contained in the statute. That protection expired in 1978 seven years after the plan was recorded. The protection of section 7A was clearly separate and distinct from that of 5A. To the extent that the Land Court' s decision in Horgan implies that 4-4 . 5 of the Barnstable zoning ordinance (as formerly worded) contains two separate "dispensations" or exemptions within the meaning and context of Tsagronis, that is not an accurate implication. * fn. 1 It is my understanding that the building and zoning officials of the Town of Barnstable have interpreted former 4-4 . 5 as one specific interrelated provision which attempts to make permanent protection available to certain lots which conformed to existing zoning at the time a plan was recorded, but which are thereafter rendered undersized by a subsequent zoning chage, provided some one of the following conditions are met : a) such lot is already in separate ownership at the time of the zoning change; or b) the lot, if in common ownership at the time of zoning change, is thereafter placed in separate ownership while such lot "is otherwise buildable" ; i. e. within five years from the date of the change. They are not two separate dispensations which can be "piggy backed" one on top of another. If one applies, the other cannot. They are grammatically and harmoniously interrelated in that in order to determine the limitations on the time available within which to place undersized lots in separate ownership, (i. e. how long lots are "otherwise buildable" ) one must look at the time period during which lots may be built upon while in common ownership. In this case it is five years . It is my understanding that this is the way in which this provision of the bylaw has been interpreted in Barnstable. *fn. 1 In addition, at the time that the Horgan permits were first reviewed in Barnstable, it seems apparent that all the lots were under common ownership and control, and the area requirement in that zoning district had undergone two separate increases since the creation of the lots . Each such increase rendered the original lots further undersized. Ralph Crossen October 24, 1997 page three The most recent amendment to section 4-4 . 2 . 2 of the Barnstable zoning ordinance supports this interpretation. The new amendment specifically states that the five year protection which applies to qualifying, commonly owned lots continues on for a period of five years after the zoning change, and then vests when for a lot which is sold or built upon within that five year period. * fn. 2 The newly amended 4-4 . 2 . 2 demonstrates that in the Horgan case, the Land Court ' s application of the facts and holding in Tsagronis to former 4-4 . 5 was inappropriate and that former 4-4 . 5 should be read in a manner which conforms to the language and intent of the new amendment. If 4-4 . 5 is read in the context of it' s successor provision, it clears up any suggestion that granting an owner of a commonly owned lot a five year period in which to place one of his lots in separate ownership invlolves "parlaying one dispensation into another" . Another important factor in your consideration is the fact my client' s lot should not be treated as having fallen between the cracks of the two amendments and then caught in the holding of a non appealed (and erroneous) judgment of a trial trial court. My client purchased the property in 1990, and at that time it was obviously viewed as a lawful building lot under 4-4 .5 because it received a building permit in 1992 . It' s factual history and circumstances were identical to the five other lots in the immediate block of contiguous, commonly owned, undersized lots, each of which had also received building permits . Due to very difficult personal circumstances of the owner, the lot was not built upon at that time. *fn. 2 It is Bob Smith' s position that under the newly amended language, the timely transfer of one of two commonly owned lot into separate ownership only vests protection on the transferred lot and does not vest protection for both, despite the fact that such a transfer would place both lots into ownership separate from the adjoining lot. It his his position that in order' for,. th lots�tobe. rotected, both lots must be sold. That particular issue is not } rele vant to thi ase, as we claim protection under the language of the earlier by law, and as a factual matter, our lot was the one the sold and not retained. 1 Ralph Crossen October 24, 1997 page four In 1995, 4-4 . 5 was amended and replaced with Section 4-4 . 2 . 2 which clarified the prior section and which would clearly entitle lot 27 to a bulding permit, but for one fact; although lot 27 had more than double the amount of area required by 4-4 . 2 . 2 , that section was only applicable to lots in common ownership which conform to the zoning requirements in effect zoning on January 1, 1976 . In our case the zoning change took place in March of 1973 and the transfer into separate ownership occurred in June of 1973 . On it' s face, 4-4 . 2 . 2 would not apply to lot 2.7 . Lot 27 did comply with the provisions of 4-4 . 5; it complied with zoning at the time it was created, and had passed into separate ownership in accordance with the five year requirement of 4-4--5 . All this occurred twenty-two years before the enactment of 4-4 . 2 . 2 and twenty three years before Horgan. The issuance of a building permit in 1992 establishes that the lot is now entitled to retain the protection which had already vested under 4-4 .5 when the ordinance was amended by the subsitution of 4- 4 . 2 . 2 in 1995 . If the town refuses to reissue the prior building permit because the Land Court has (erroneously) determined in 1996, twenty three years after the land went into separate ownership that the applicable provision of the bylaw did not mean what the landowners and the town thought it meant, a gross injustice has been done for which the owner may be without remedy. Variances as you know are very difficult. to sustain. If the owner of lot 27 can lawfully be denied a permit under these circumstances, it means that the houses on each and every one of the five lots in the immediate ,area, and perhaps many others throughout the town are illegal., and must be the subject of an enforcement action. If no such enforcement actions are undertaken, then I believe that my client has reason to complain of being unfairly singled out for the application of these facts and ., circumstances as a basis for denying her a building permit. Based upon all of the foregoing, I request that you find that the rights which we now assert under a reading of 4-4 . 5, viewed in the context of 4-4 . 2 . 2, vested in 1973 and that the lot has been a buildable lot since 1973 and that the owner is entitled to the reissuance of the building permit . Ralph Crossen October 24, 1997 page five. With respect to the Horgan case, it is submitted that the language of 4-4 . 2 . 2 nullify and rebut the suggestion contained in footnote 10 of that case; that the decision in that case is not binding upon my client who was not a party to the action; that the decision cannot divest lot 27 of it ' s established status as a buildable lot. Thank you for your attention to this request, and if you have any questions, please feel free to call . Ver truly yours, Edward W.� K' "k EWK/se cc :Bob Smith, Esq. EDWAF2D°'V1/:;iK1RK 'ATTORNEY AT.,LAW1 1V I%►NNO;PLACk .901"MAI N.STREET 0. O.Aqx 393 OS y1L;E,`•MASSACHUS&tS 02655-0393 F4C51MILE, (S08)428;4800 (SU8);:428=4Ti;1 Ralph Crossen October 27 , 1997 Building Commissioner Barnstable Town Hall Hyannis, Mass . 02601 Re: 27 Cherry Tree Lane, Cotuit Dear Ralph: I realize that I misstated a fact in my letter of October 24, 1997 when I stated in footnote '2 That the lot- in question was sold, within five years after the zoning change. It was not. It was not sold by the original owner until 1990 . However, the language of the former ordinance as well as the . language in 40A sec . 6 only requires that the lot must be "held in separate ownership" in order to obtain protection. That result of course can be obtained by the sale of one lot, and retaining another. , Thank you for your attention to the matter. Very truly yours, AdrA" . Kirk EWK/se cc : Bob Smith, Esq. EDWARD.W. KIRK i b� ATTORNEY AT LAW . .WIANNO PLACE ' 90.1 MPLIN STREET r ° =� P,'O. BOX 3,93 OSIER—ILLE.9MASSACHUSETTS 626SS-0393 -FACSIMILE (508)428-480_O, (508)428-411 t Ralph Crossen October 2 , 1997 Building Commissioner Town of Barnstable 367 Main Street Hyannis, Mass . 02601 Re: Lot . 27 Cherry Tree Lane Cotuit Assessor' s map 19 parcel 104 Dear Ralph: Enclosed you will find the following: 1 . Copy of a portion of subdivision plan dated August 11, 1960 and recorded at Barnstable Registry of Deeds Plan Book 159 page 91, with Lots 21, 22, 23, 26, 27 , and 28 highlighted. 2 . A copy of the assessors map 19 whereon the subdivision lot numbers and the corresponding assessors parcel numbers are shown. 3 . A chronological history of lots 21 ', 27 and 28 all of which were in the same common ownership ( Inamary Sweeney) at the time of the zoning change in March of 1973-. 4 . Chronological history of Lots 22, 23, and 26 all of which were in the same .common ownership (Ronrick Trust, Elaine Mycock et al Trustees) at the time of the zoning change in March of 1973 . •- A.. 5 . Copy of the Barnstable Zoning Bylaw as it existed during relevant, time periods . 6 . Copy of decision of ZBA in Fulham. Based upon a review of this information, it is requested that you issue a written determination that subdivision Lot 27 , being assessor' s parcel 104, is a legally protected nonconforming building . lot, and entitled to a °building permit . It .is clear from the chronological history of all six lots that each and every lot was held in common ownership with an adjoining lot at the time that the area requirement in the district was increased from -20, 000 square feet to 43 , 560 square feet . I 1 L Ralph Crossen October 2 , 1997 page two Each lot wa.s thereby rendered nonconforming and none of the lots were protected under the provisions of the ordinance which applied to lots "held in ownership separate from that of adjoining land" . . . "at the time of the adoption of the increased requirements" . Yet five of the six lots subsequently obtained building permits and I believe these were issued after the expiration of five years from the date of the zoning change. The reason is that the bylaw contained the provision that if a "lot was held in ownership separate from that of adjoining land" . . . "at a time while building on such a lot was otherwise permitted" (i.e. within five years after the zoning change) . . . "it may thereafter be built upon for residential use" . Each of these lots, including Lot 27 went into separate ownership shortly after the zoning change and long before the expiration of the five year period during which building was permitted. The recent amendment to the bylaw which rewrote the nature of undersized lot protection with respect to lots created after 1976 did not serve to divest the protection which the earlier bylaw gave to those lots created in 1960, and which were in separate ownership at the time of the amendment . . Based on the foregoing and your consideration of same, I would ask your written determination that Lot 27 is entitled to a building permit. If any further information is needed, please do not hesitate to call . Ve truly oursor Edward W. Kirk EWK/se w/encl . O d �•o ors `�, '� 10 14 i .t2�c)+ • 6 y� 0 W I ? r, �4,� �4 ``,. O N ti F` Qi. ��:�`!v\. o �" 4' N N I• ry d N • r ,. 3 z ,o � A r � �I� � � c .• , 0 aj o • � � QO '� `` 0 `a tit rv., r /�: w, �` -�f • V1 N .•4 ol t ,t oa 0 c• bic,__ r a r >• : • s ��: _ es.. ', _ `� O •v y .ti Q w rat �! r 00 CIO la/� c ' `" ti ~�9'a e v io• 04 `��, y 0 v �• O N1 • w��/� � ' •sL Oy O �.d�. o. �i' . 9" 9')QO� .00. 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Y 32AC ` 93 1 ,. S I 1 �tAC �' 93 .c G � AK WOOD -.. ..- .- I 1.1'4a WU^roo j ) 7• 30 Z //`� /�• /•a 'sue �',f �, 1.05 JPAAND n O f�K •��a 128 w« • 130 OJT' �• �� - Ll r �` .1, T d ap to " . �' �� /•« G •epc I •a•.�c -. �' /e��G � � Ito Z arv� ' �.A• 91UPVANp 1�� � � 1•1ZS SNHMP --Ati IIOAO �IbT i-1 ta6r:.✓- _ .fj' a..• 4fw s e 16 33 I � CHRONOLOGY OF LOT HISTORY YEAR 1960 PLAN APPROVED AND RECORDED ALL LOTS 20, 000 OR MORE 1973(Mar. 24) ZONING CHANGES FROM 20, 000 TO 43, 560 LOCUS LOT 21 7 LOT 28 1973 INA SWEENEY INA SWEENEY INA SWEENEY (Mar. 24) 1973 AMY LOCKE MARGARET MCCANN INA SWEENEY (June 25 ) 1985 JOHN SWEENEY ANN JONES INA SWEENEY CONSTANCE PIERSON PAUL SWEENEY 1987 OAKDALE TRUST, ANN JONES TRESCO LTD. CHAS. GIRARD, CONSTANCE PIERSON TRUSTEE PAUL SWEENEY 1987 OAKWOOD REALTY PAUL SWEENEY INA SWEENEY TRUST, JOHN CONSTANCE PIERSON SWEENEY, TRUSTEE ANN JONES 1988 OAKWOOD REALTY JOHN J. TEGAN THUET AND BANDI TRUST, JOHN SWEENEY, TRUSTEE 1989 RAYMOND GREEN, INC JOHN J. TEGAN THUET AND BANDI 1990 SUSAN & RICHARD INA SWWENEY THUET AND BANDI CLEMENTS 1990 SUSAN & RICHARD MARILYN OBRIEN THUET AND BANDI CLEMENTS I 1 YEAR LOT 23 LOT 26 • 1968 ELAINE MYCOCK, JAMES & ELIZABETH TRUSTEE RONRICK TRUST SOUZA 1972 ELAINE MYCOCK, ELAINE MYCOCK TRUSTEE RONRICK TRUST TRUSTEE RONRICK TRUST 1973 March 24 ) ZONING CHANGES FROM 20, 000 TO 43, 560 1973 RONALD J. MYCOCK ELAINE MYCOCK deed dated 5/29/73 TRUSTEE RONRICK TRUST recorded 6/29/73 1987 ELAINE MYCOCK RONALD J. MYCOCK, deed dated 6/29/73 TRUSTEE, L& S FAMILY recorded 8/20/87 TRUST deed dated 8/7/87 recorded 8/20/87 1987 RONALD J. MYCOCK dated and recorded 8/21/87 1987 JOHN J. MCSHANE MCSHANE CONSTRUCTION CO. deed dated 8/27/87 deed dated 8/27/87 recorded 8/28/87 recorded 8/28/87 1988 PRESCOTTANO BACAS & SNOW BENNETT 12/16/88 6/13/88 1997 DEGNAN BACAS & SNOW 4-4 Non-Conforminq Uses E" 4-4 . 1 Lawful Non-ConformingIIses: Any lawful building, of a building or premises, or part thereof, existing atythewful timeus the Zoning Ordinance was originally adopted in the area in which such building or use is located, may be continued, although such building or use does not conform to the provisions hereof. 4-4.2 Change from One Non-Conformin Use to Another: Any change of a non-conforming use, any alteration, relocation or increase in size of an existing non-conforming building or structure to extend the non-conforming use on the same lot, or use of existing or construction of a new building or structure, shall only be allowed provided that: 1) The proposed change is from one non-conforming use to one other non-conforming use only; 2) The proposed change is no more objectionable or substantially detrimental to the neighborhood; and 3) A Special Permit is obtained from the Zoning Board of Appeals. 4-4 .3 Reconstruction of Dam a ed Non-Conformin Buildings: 1) Any lawful non-conforming building which has been damaged by fire or other cause to any extent, may be repaired or rebuilt, providing the owner shall apply for a building permit and start operations for restoring or rebuilding said building within twelve (12) months after such catastrophe. 2) Any proposed increase in floor area of such damaged building shall not commence unless a Special Permit is granted by the Zoning Board of Appeals as per Section 4-4 . 2 herein. 4-4 . 4 Re-Establishment of Certain Non-Conforming Uses: Any non- conforming use which has been abandoned or not used for five (5) years shall not be shall not be re-established, nor shall it be replaced with another non-conforming use. Any subsequent uses in such insta9ces shall conform to the requirements of this ordinance. 4-4 .5 Non-Conformin Lots When Exempted: Any lot lawfully laid out by a plan or deed duly recorded, or any lot shown on a plan endorsed with the words "approval under the subdivision control law not required" or words of similar import, which complies at the time of such recording or such endorsement, whichever is earlier, with the minimum area, frontage, width and depth require ments, if any, of the zoning ordinance in effect at the time of such recording or endorsement may thereafter be built upon for residential use (notwithstanding amendment of the zoning ordinance changing such requirements, including yard requirements or more than one such requirement, in excess of those in effect at the time of such recording or such endorsement) if: 70 1) At the time o - o s e -eane:rats orb'nc��aased re is or while build* on such a lot was otherwise permitte whic ever occurs ater, such lot was held in ow s ip separate from that of adjoining land located in the same residential district; or 2) At the time of the adoption of such requirements or increased requirements, such lot was held in common ownership with that of adjoining land located in the same residential district, but then only for a period of five (5) years from the date of such recording or such endorsement, whichever is earlier; And further provided in either instance, 3) At the time of building, such lot has an area of seventy-five hundred (7500) sq. ft. or more and a frontage of twenty (20) feet or more, is in a district zoned for residential use, and conforms except as to area, frontage, width and depth with the applicable provisions of the zoning ordinance in effect; and 4) Any proposed structure is to be located on such lot so as to conform with the minimum requirements of front, side and rear y c It setbacks, if any, in effect at the time of such recording or such endorsement, whichever is earlier, and to all other D requirements for such structure in effect at the time of L building. r � 4-5 vision Clearance/Corner Lots r p, 4-5. 1 vision Clearance on Corner Lots: In residential districts, on corner lots, no fence, wall or structure, planting or foliage more than three (3) feet in height above the plane of the established grades of the streets shall be allowed in any part of a front or side yard herein established, that is included within the street lines at points which are twenty (20) feet distant from their point of intersection measured along said street lines which will �. materially obstruct the view of a driver of a vehicle approaching a Cr street intersection. a 4-6 Special Standards/Certain Subdivisions b . o 4-6. 1 Planning Board Standards/Certain Subdivisions: - The Planning Board, ` as part of its review of subdivisions within five hundred (500) feet of the major arteries known as Routes 28, 132, 149 and West Main Street, is hereby authorized to: r 1) Prescribe, in distance and composition, a vegetation buffer . strip between said major arteries and a proposed subdivision. L 2) Locate streets within a proposed subdivision so that: A) Ingress and egress onto the aforementioned major arteries is safe, efficient and convenient; 71 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1995-85 Zellen and Fulham Summary Overruled the Decision of Building Commissioner J Applicant&Owner: Thomas G. Zellen and Gerarda M. Fulham Co-Executors of the Estate of Barbara A. Fulham Applicant's Address: 145 East Bay Road, Osterville, MA Assessor's Map/Parcel: 140/160-2 Zoning: RC Residential C Zoning District Groundwater Overlay: AP Aquifer Protection Overlay District Applicant's Request: Appeal of the Building Commissioner's Decision that the lot in question does not have the benefit of non-conforming and is therefore unbuildable. Background Information: The locus of this appeal is a "Pan Handle" lot fronting 20 feet on East Bay Road. The pan handle runs approximately 340 feet in length to the buildable portion of the lot. The lot is presently vacant and contains a total of 0.59 acres: From information submitted with the application, the lot was created in 1984 and the applicant has owned it since 1991. The lot was created by a plan titled "Subdivision Plan of Land in Barnstable (Osterville)" by Baxter& Nye Inc., Surveyors, and dated October 17, 1984. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 7, 1995. 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 on August 23, 1995 at which time the Board found to over rule the decision of the Building Commissioner. Board members hearing the appeal were: Ron Jansson, Richard Boy, Emmett Glynn, Gene Burman and Chairman Gail Nightingale. This appeal was heard consecutively with Appeal No 1995-86, which was a petition for a variance to minimum lot area also requested by the applicant for the locus. Attorney Michael Ford, represented the appeal before the Board. He presented a Memorandum in support of the appeal and petition to the Board, a copy of which was submitted to the file. Attorney Ford gave the history of the creation and transfer of the lot. It was created on 10/29/84 by the Planning Board endorsement of an ANR plan. The plan divided the land to create Lots No. 24 (Assessors No 160-1) & 25 (Assessors No. 160-2) on the plan, both of which conformed to zoning at the time. On 2/28/85 the Zoning District was change to an RF District that caused the minimum lot area requirements to change for from 20,000 Sq. Ft. to 43, 565 Sq. Ft. The ANR Plan was approved by Land Court on 9/10/86. The lot in question- Plan Lot No 25 -was transferred out of common ownership with Lot 24 on 10/3/86. Separate ownership of the two lots was established. The present owner of the lot purchased the land in 9/28/91. Attorney Ford cited that the Building Commissioner has interpreted that the lot in question does not have the benefifs of a non-conforming undersized lot as per Section 4-4.5 of the Zoning Ordinance because no dwelling unit was built on the lot within the 5 years of grandfathering. Attorney Fob cite�c fh'at Section 4-4.5 should be interpreted that a)ot which is transferred into separate ownership from all`adjoinin`g lots within the 5 ea"""'r ndfafhenn' '�"'y g g penod retains the' Zoning Board of Appeals-Decision and Notice Appeal Number 1995-85 - Zellen and Fulham'. buildability under Barnstable Zoning Ordinance. He cited that the lot was legally created in conformance with zoning in 1984 and that the zoning change of 1985 grandfathered this lot for a period of 5 years from the change in zoning. The lot having been transferred into separate ownership within that 5 year period (1986) grandfathered the buildability of the lot permanently. Next Attorney Ford reported his conversations with the abutters to the property. He indicated that the Suflivans (owners of Lot 24) would grant a driveway easement if necessary to go over their lot. He also addressed the concerns of another neighbor regarding the possibility of the cut of trees for the driveway. Attorney Ford cited that the stand of trees would not be cut down and would remain. There would be only one curb cut (as exists.now)to service both lots. Chairman Gail Nightingale asked for public comments. No one spoke in favor. Speaking in concern for the proposal was Nancy Borg, 149 East Bay Road, Osterville. She expressed her concern for the stand of the trees along the common property line. Ernest DeWitt also spoke against the appeal. He indicated he had different square footage measurements for the driveway and lot size. Attorney Ford addressed Mr. DeWitt's issues, and again reiterated that the trees would in fact remain. He clarified the turnaround on the west side of Lot 24 that will help facilitate the turning around in the driveway. The Board noted that in overriding of the Building Commissioner they could not condition the decision. Attorney Ford remarked that regardless of the Boards action if the lot is ever developed the trees would remain and a common access easement would be established. 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 is located at 145 East Bay Road, Osterville in RC Residential C Zoning District and is shown as Assessor's Map 140, Parcel 160-2. 2. The lot is a "porkchop"shaped consisting of 0.59 acres. 3. The lot was created by an Approval Not Required Plan (ANR Plan) endorsed by the Planning Board on 10/29/84 and that met the requirements of zoning at that time. 4�The lot in quesfion is presently vacant and'as been in separate owners-ip as of1-013/86, one year after the increase in zoning lot area requirements and is not currently in combined ownership. 5. Section 4.-4.5 of the Zoning Ordinances Non Conforming Lots states the "any lot lawfully laid out by a plan or deed duly recorded with the words 'approval under the subdivision control law not required'...At the time of the adoption of such requirements or increased requirements, such lot was held in common ownership with that of adjoining land located in the same residential district, but then only for a period of five (5) years from the date of such recording or such endorsement, whichever is eadierrTherefor lit is buildable under zoning. Decision: Based upon the findings a motion was duly made and seconded to overtum the Building Commissioner's finding that the lot does not have benefit of non-conforming lot. The vote was as follows: ` Aye: Chairman Gail Nightingale, Ron Jansson, Richard Boy, Emmett Glynn, and Gene Burman. Nay: : ` None. Order: =eha s overtum the decision of the Building Commission er'and has determined that the lot benefit of a legal non-conforming lot. 2 L I .Zonlhg Board of Appeals-Decision and Notice Appeal Number 1995-85 - Zellen and Fulham Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. S 1995 G II Fe,Nightinghai an Date Sig ed 3 co Z8�z�- 0-ed- � ' 9 i • • t w an ,��F �� V i {{ � , w � � � I A ' 1 � � .` a " ♦ � - t � ! � � 'a _ _ _ r ,, �i t ,! y ti j: > � i i . I i i - �J - - � - �s z s r��.P� e �� � tie a. �, t�s,�„ _ - ,. . — , 3 _, 4 .. A �, o t ' . . � a ray � ., _ .:. � �. i � _ -- � .. � '` `: ,. s, .. - �. ., _ - r . ` ; � •. .. — .. _ .. n f ' � � � �. ' � � Y. _ r t � - � � � t � ' .. . ' � � � � - 3 � � .. a .. S - + _ 1. � � COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT BARNSTABLE, SS. MISCELLANEOUS CASE FRANK L. HORGAN, III, ) NO. 163150 PlaintiffV. ) 1 SSUef pocre l / 6 DEXTER BLISS, ELIZABETH ) �� NILSSON, BRUCE BURLINGAME, LUKE LALLY, and GENE BURMAN, ) as they are the Town of �— Barnstable Zoning Board of ) G7l�iT Appeals, PAUL BROWN and ) EDWIN GOURLEY, ) Defendants MISCELLANEOUS CASE DAVID SCOTT HORGAN, ) NO. 163151 Plaintiff ) V. ) DEXTER BLISS, ELIZABETH ) NILSSON, BRUCE BURLINGAME, ) LUKE LALLY, and GENE BURMAN, ) as they are the Town of ) Barnstable Zoning Board of ) Appeals, PAUL BROWN and ) EDWIN GOURLEY, ) Defendants ) ORDER GRANTING SUMMARY JUDGMENT In the interest of judicial economy I consolidated these two cases for purposes of the summary judgment hearing because they have a,similar fact pattern, share common parties and counsel, and concern abutting property*in Centerville, Massachusetts. Both cases are appeals pursuant to G. L. c.40A, § 17,of decisions rendered by the Barnstable Zoning Board of Appeals(the Board).' Case no. 163150 is an appeal by Plaintiff Frank L. Horgan, III, of a decision by tht Board upholding the Town of Barnstable (the Town) Building Commissioner's determination that land owned by Plaintiff(lot 30-31) did not constitute a buildable lot. Frank L. Horgan, III, wants to build a single-family house on lot 30-31. In case no. 163151, Plaintiff David Scott Horgan appealed the Board's decision revoking the issuance of a foundation permit to construct a single family residence on a parcel owned by him (lot 32-33) because it was not a buildable lot. David Scott Horgan also wants to build a single-family house on his lot. The Board moved for summary judgment on January 16, 1996, in case no. 163150; on November 15, 1995, David Scott Horgan moved for summary judgment in case no. 163151. Counsel argued the motions on March 27, 1996. In case no. 163150,the Board argued it correctly upheld the Commissioner's denial of Frank L. Horgan, III's building permit because it claimed a merger of lots 29 and part of 30 rendered Plaintiffs remainder lot (lot 30-31) too small to be buildable. In addition, the Board alleges Frank L. Horgan, III's lot does not enjoy any grandfather protection under G. L. c. 40A, § 6, (section 6)or section 4-4.5 of the Town's Zoning By-law (By-law; section 4-4.5). By contrast, Frank L. Horgan, III, argued the case must go to trial because a question of fact remains as to ' whether his lot is buildable under G. L. c.. 40A, § 6. However, I consider the question to be one of law, not fact. The Board's motion is supported by the statements and documents cited in the 2 affidavit of David Scott Horgan' and the affidavit of Shirley Crocker, Clerk of the Barnstable Board of Assessors. Frank L. Horgan, III, also relies on David Scott Horgan's affidavit and, for the most part,the Board adopts the facts cited therein. The affidavit of Janice P. Semprini, Assistant Assessor for the Town, also is in the record. In case no. 163151, David Scott Horgan appeals the Board's decision upholding the Commissioner's revocation of Plaintiff's foundation permit. Plaintiff argues lot 32-33 is a legally nonconforming lot protected by the grandfather provisions in the By-law. The Town claims the lot merged with lots 29 through 31 and, in addition, lot 32-33 is not grandfathered by either G. L. c. 40A, § 6, or section 4-4.5 of the By-law. David Scott Horgan's motion is supported by his affidavit. Other affidavits in the record for case no. 163151 are as follows: Frank L. Horgan, III (plaintiff in case no. 163150); Eleanor N. Horgan, grandmother of David Scott Horgan; two affidavits of Kevin J. O'Leary, Esq., attorney for David Scott Horgan; and Janice P. Semprini. Defendants Paul Brown and Edwin Gourley were notified as parties in interest at the public hearings conducted by the Board in connection with these cases. Messrs. Brown and Gourley did not submit memoranda on the instant motions. On all the summary judgment materials, I find the following facts are not in dispute, and rule for Defendants in both cases: 1. Plaintiff Frank L. Horgan, III, lives at 59 Isalene Street and Plaintiff David Scott Horgan lives at 53 Elm Street, both in Hyannis, Massachusetts. 'The affidavits of David Scott Horgan filed for both cases are identical. The David Scott Horgan affidavit was filed on January 16, 1996, in case no. 163150, and on November 15, 1995, in case no. 163151. 3 2. Defendants Bliss, Nilsson, Burlingame, Lally and Burman are members of the Board. 3. Defendant Brown lives at 27 Orchard Road, Centerville, and Defendant Gourley lives on Bacon Lane, Centerville. 4. In September 1927, a plan of land was recorded with the Barnstable Registry' of Deeds' in Plan Book 21,at Page 133, for a parcel of land consisting of five lots numbered 29, 30, 31, 32 and 33 (collectively the lots, individually lot 29 and so forth) located on Park and Orchard Streets in Centerville, Massachusetts (see attached sketch). Lots 30 and 31 (lot 30-31) are the subject of case no. 163150, and lots 32 and 33 (lot 32-33) are the subject of case no. 163151. 5. By deed dated September 14, 1931, and recorded in Book 485, at Page 99, Wetmore-Savage Company conveyed a portion of lot 33 to one Nelson Bearse. By deed dated September 24, 1945, and recorded in Book 635, at Page 42, Wetmore-Savage Company conveyed lots 29, 30, 31, 32 and the remaining portion of lot 33 (hereinafter referred to as lot 33) to one Benjamin F. Teel. 6. By deed dated.October 17, 1945, and recorded in Book 635, at Page 411, Benjamin F. Teel conveyed to.Frank L. Horgan, Sr., the following: a certain piece or parcel of land situated in Barnstable (Centerville), Barnstable County, Massachusetts, more particularly bounded and described as follows: Being Lots 29, 30, 31, 32 and part of Lot 33, as shown on plan of land entitled "Centerville Estates, Centerville,Mass., Teel Realty Trust Owner, September 1927" 7. At all times material, lot 29 consists of 12,240 square feet; lot 30 consists of 'All recording references are to this Registry. 4 12,600 square feet; lot 31 consists of 12,700 square feet; lot 32 consists of 10,905 square feet; and lot 33 consists of 12,195 square feet. 8. In 1947, the By-law did not establish a minimum lot size or any other dimensional requirements for a buildable lot.' 9. On or about April 1948,Frank L. Horgan, Sr., built a multi-family structure containing three residential units on lot 29. At that time multifamily use was an allowed use of lot 29.4 10. When town-wide zoning went into effect in 1956,all the lots were in an RB- 1 residential district. The principal permitted uses in the RB-I district were "detached one-family dwelling" and"the taking of not more than six (6) lodgers by a family resident in the dwelling." The minimum square footage for a lot in the RB-I district was 10,000 square feet. Accordingly,the use of lot 29 became legally nonconforming. 11. In 1958, the zoning district for the lots changed from RB-I to RD-1. With regard to minimum lot size, section N(2) provided: No building, except one-story buildings of accessory use, shall be erected on a lot less than one hundred twenty-five(125)feet wide and containing not less than twenty thousand (20,000) square feet, provided that one (1) one-family dwelling and its accessory buildings may be erected on any lot which, at the time this by-law is adopted, is separately owned, or which is shown on a plan of lots approved by the Board of.Survey and recorded in the Barnstable Registry of Deeds after March 7, 'The By-law defines"lot"at section 7 as follows: "[a] single area of land in one ownership defined by metes and bounds or boundary lines, no portion of which is bisected by a street." 4In January 1986, Frank L. Horgan, Jr., installed two sewage system pits on lot 30 to serve the existing multi-family structure on lot 29. In March 1991, pursuant to a permit from the Barnstable Board of Health, Frank L. Horgan, Jr., abandoned and filled the pits on lot 30 and relocated them on lot 29. 5 1950 and before the date this by-law is adopted. 12. As of the date(in 1958)on which the minimum lot area zoning changed from 10,000 square feet to 20,000 square feet, all the lots were held in common ownership by Frank L. Horgan, Sr., and each was undersized.' 13. By deed dated September 11, 1974, and recorded in Book 2094, at Page 301-; Frank L. Horgan, Sr., conveyed all the lots to Frank L. Horgan, Jr., Trustee. 14. By vote of Town Meeting on February 28, 1985,the minimum lot area in the RD-1 zoning district increased from 20,000 square feet to 43,560 square feet.6 As of the date on which the minimum lot area changed to 43,560 square feet, all the lots were held in common ownership by Frank L. Horgan, Jr., Trustee. 15. By deed dated June 3, 1985, Frank L. Horgan, Jr., Trustee, conveyed all the lots to Frank L. Horgan, Sr.,and Eleanor N. Horgan. By deed dated June 3, 1985, Frank L. Horgan, Sr., and Eleanor N. Horgan conveyed all the lots to Frank L. Horgan, Jr.' 16. From September 14, 1931, through June 23, 1985, the lots were conveyed together six times by six separate instruments pursuant to the following description: SOUTHERLY by Orchard Road, as shown on Plan hereinafter mentioned, four hundred sixty-seven and 61/100 (467.61) feet; 'None of the lots were "shown on a plan of lots approved by the Board of Survey and recorded ... after March 7, 1950." Me By-law appended to David Scott Horgan's affidavit(exhibit H)is the By-law as adopted through Special Town Meeting of April 7, 1987. It does not reference the adoption dates of various amendments. However, because the parties have agreed the amendment in question was adopted on February 28, 1985, 1 accept that date for purposes of these motions. 'No-recording reference is in the record. 6 SOUTHWESTERLY by the corner of Orchard Road and Park Avenue, Sixty-three and 11/100 (63.11) feet; WESTERLY by Park Avenue, eighty (80.00) feet; NORTHERLY by Lots 28,26A,26,25 and land of H. G. Lumbert,five hundred five and 26/100 (505.26) feet; and SOUTHEASTERLY by land now or formerly of Nelson Bearse,one hundred twenty and 89/100 (120.89) feet. Being Lots 29, 30, 31, 32 and part of Lot 33, as shown on plan of land entitled "Centerville Estates, Centerville, Mass.,Teel Realty Trust Owner, September 1927", duly recorded in the Barnstable County Registry of Deeds. Being a part of the premises conveyed to Teel by deed from Wetmore Savage Company, dated September 24, 1945., duly recorded in the Barnstable County Registry of Deeds. Together with a right-of-way over Orchard Road and Park Avenue,as shown on said Plan, in common with others entitled thereto, to and from the Public street! 17. From 1945 through 1989, the lots were assessed by the Town as one parcel, first to Frank L. Horgan, Sr.,then to Frank L. Horgan, Jr., as Trustee, and then to Frank L. Horgan, Jr. 18. By deed dated October 19, 1989, Frank L. Horgan, Jr., conveyed lot 30 to Linda H. Horgan. By deed dated October 19, 1989, Frank L. Horgan, Jr., conveyed lot 31 to Frank L. Horgan, III. By deed dated October 19, 1989, Frank L. Horgan, Jr., conveyed lot 32 and part of lot 33 to David Scott Horgan. By deed dated February 1, 1990, Linda H. Horgan conveyed lot 30 to Frank L. Horgan, III. At the time of their conveyances, none of these lots individually met the 'This description is taken from the deed of Frank L. Horgan, Sr., to Frank L. Horgan, Jr., Trustee, recorded in Book 2094, at Page 301. For the most part, the description is consistent with those in the various deeds, differing only in minor and insignificant respects. 7 i dimensional requirements of one-acre zoning under the By-law, in effect since February 28, 1985. 19. In April 1990,the Commissioner issued a building permit to Frank L.Horgan, III,to build one single-family residence on lot 30-31 and a foundation permit to David Scott Horgan for a single-family residence on "Lot 32 and part of Lot 33."' Subsequently, the Commissioner stayed the permits pending a determination by him on a challenge filed by several abutters. By decision dated December 18, 1990,the Commissioner revoked the permit issued to Frank L.Horgan, III, and riled lot 30-31 had merged with lot 29. The Commissioner also determined lot 32-33 was a buildable lot and the permit as to this lot was valid. 20. Frank L. Horgan, III, appealed to the Board the Commissioner's adverse decision regarding lot 30-31. Several*abutters appealed to the Board the Commissioner's decision to issue the foundation permit for lot 32-33. 21. By two decisions dated May 8, 1991,the Board overruled the decision of the Commissioner to issue a building permit for lot 32-33, finding the lot did not constitute a buildable lot. The Board also affirmed the Commissioner's decision regarding lot 30-31, finding this lot did not constitute a buildable lot. The attached diagram provides a sketch of these recited facts. Summary judgment.is appropriate here because no material facts are in dispute. 'Attached to the affidavit of Kevin J. O'Leary, Esq., dated November 14, 1995, are copies of the following documents: Board of Health for the Town -- Application for Disposal Works Construction Permit for owner David Scott Horgan, Certificate of Compliance, and Disposal Works Construction Permit for lot 32-33,each dated February 2, 1990;Application for Percolation Test and Observation Pits for Lot 32-33 ("AS ONE") for applicant David Scott Horgan, dated January 9, 1990; and"Application for permit to construct single family dwelling" for lot 32-22, for applicant David Scott Horgan,dated April 4, 1990(the application contains a notation at the bottom indicating a foundation permit was issued on the same date). 8 Community National Bank v. Dawes, 369 Mass. 550 (1976); Mass. R. Civ. P.. 56(c). Upon consideration of the briefs and other summary judgment materials, I find in favor of Defendants in both cases. At issue is whether Plaintiffs' respective lots constitute separate buildable lots for zoning purposes. To begin my analysis, I first turn to the provisions of G. L. c. 40A,.§ 6, (section 6)and section 4-4.5 of the By-law(section 44.5),which control so-called grandfather protection for nonconforming lots. I find lots 30-31 and 32-33 do not enjoy such protection, even assuming -- as I do for purposes of this initial analysis-- Plaintiffs are correct in that lots 30 and 31 constitute one lot (30-31) and that lots 32 and 33 also constitute one lot(32-33). Section 6 offers two types of protections: one for lots held in separate ownership and one for a maximum of three lots held in common ownership. Since there is no dispute that in 1985 all the lots in question were held in common ownership, only the second protection is relevant as follows: [a]ny increase in area .'.. shall not apply for a period of five years from its effective date or for five years after January 1, 1976, whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership.with any adjoining land and conformed to the existing zoning requirements as of January first, 1976.... In Ada_mowicz v. Ipswich, 395 Mass. 757(1985), the court construed the first sentence of the fourth paragraph of section 6 and concluded the word"recording"in the statute means the recording of any instrument,plan or deed;the statute looks to the most recent instrument of record prior to the zoning change which rendered the lot nonconforming; and a given lot meets the separate ownership requirements of the statute if the most recent instrument of record prior to the zoning change shows the lot as separately owned, even if previous instruments show it held in common with adjoining 9 land. This analysis has been applied to the second sentence of section 6, paragraph 4, as well. egg B 1 iea v Board of Appeals of Uxbridge, 395 Mass. 829, 833 (1985). Applying the reasoning in Adamowicz to the facts at hand, the recording relevant to our analysis is the deed to Frank L.Horgan,Jr.,Trustee, from Frank L. Horgan, Sr.,dated September 11, 1974, because that is the most recent instrument prior to the zoning change in February 1985 which rendered lot 30-31 and lot 32-33 nonconforming (under the assumption noted above). If indeed both lots were protected as pre-existing nonconforming lots, Plaintiffs had five years from February 28, 1985, to take advantage of the grandfather protection afforded lots held in common ownership by securing a building permit. However, Plaintiffs did not even apply for building permits until April 1990,two months after any grandfather protection they may have had expired. Falcone v Zoning Board of Appeals of Brockton, 7 Mass. App. Ct. 710, 713 (1979) (in context of the Subdivision Control Law, G. L. c. 41, § 81P, court noted "that mere filing of a permit application does not toll the running of the protection period"). Therefore,the lots are not buildable lots under section 6. Similarly, Plaintiffs failed to satisfy the criteria necessary to obtain the grandfather protection afforded under section 4-4.5 of the local By-law, which states in pertinent part as follows: Any lot lawfully laid out on a plan or deed duly recorded ... which complies at the time of recording or endorsement, whichever is earlier, with the minimum area, frontage, width,and depth requirements, if any, of the zoning bylaw in effect at the time of such recording or endorsement, may thereafter be built upon for residential use (notwithstanding amendment to the zoning bylaw changing such requirements ... in excess of those in effect at the time of such endorsement) if: , 1) At the time of the adoption of such requirements or increased requirements or while building on the lot was otherwisrpermitted,whichever occurs later, such of was eld in ownership separate from that of adjoining land located I in the same residential district; or 10 2) At the time of the adoption of such requirements or increased requirements, such lot was held in common ownership with that of adjoining land located in the same residential district, but only for a period of five years from the date of such recording or endorsement, which ever is earlier ....10 Although the language is not identical to that of G. L. c. 40A, § 6, this By-law provision, like that of the state statute, provides two distinct provisions: one for lots held in separate ownership and one' for lots held in common ownership. Also, like section 6, a property owner must take advantage of the grandfather protection within five years from the date of the zoning change which rendered the lots nonconforming. Since neither Plaintiff did so within the allotted five years, neither can claim buildable lot status under section 4-4.5. Having ruled on the non-applicability of section 6 and section 4-4.5 (again,under the assumption lot 30-31 and lot 32-33 each were individual lots), I am left with the more thorny issue posed by the town,namely,whether lot 29 merged with at least lot 30 or at most with lots 30 through 32 or 33. If lot 29 did so merge,then grandfather protection is unavailable to lot 30-31 and lot 32- 33. In fact,the existence of these two lots would be a fiction, and there would be no possibility of developing any of the lots numbered 30 to 33. I find lot 29 did merge with adjoining lots, with 1OPlai,ntiff David Scott Horgan argues that, read in conjunction, paragraphs one and two of section 4-4.5 give him perpetual grandfather protection. He claims that, since building on lot 32-33 was otherwise permitted until February 28, 1990, under the common ownership provision of paragraph two, once he obtained ownership in September 1989, the separate ownership provision of paragraph one is triggered. Plaintiff claims that, since paragraph one does not contain the five year time limit on grandfather protection, his right to build on the lot is perpetual. This argument attempts to impermissibly"parlay one dispensation into another." Tsaeronis v Board of Appeals of Wareham, 33 Mass. App. Ct. 55, 60(1992), Teversed on other rog_ unds, 415 Mass. 329 (1993). In addition,the use of the word"or", separating the two provisions of section 4- 4.5 provides clear indication that the intent was not"to pile one grandfather protection on another." Ferzoco v Board of Appeals of Falmouth, 29 Mass. App. Ct. 986, 987 (1990), fu h r appellate review denied,409 Mass. 1102 (1991). 11 respect to zoning, to the extent necessary to bring lot 29 in compliance first with the 1958 By-law amendment and later with the 1985 By-law amendment. I found no cases addressing the question directly, and none are cited by counsel. However, Sorenti v. Board of Appeals of Wellesley,345 Mass. 348 (1963),and Bobrowski v. Board of Anneals of Beverly, Misc. Case No. 153543 (Land Court Feb. 26, 1992) (Kilborn, J.), aro instructive, particularly in the context of the so-called law of merger. egg A154 Alley v. Building Inspector of Danvers, 354 Mass. 6 (1968); Bouffard v City of Peabody Zoning Board of Ate, 3 LCR 230 (1995). In Sorenti, the plaintiff had at one time owned two adjacent lots (lots 1 and 2 in my recount of the facts). Each lot had frontage of 9.9 feet, which was not enough to meet zoning frontage requirements. Subsequently, the plaintiff sold lot 1, which then was built upon, and attempted unsuccessfully to obtain a permit to build on lot 2 on the basis of a nonconforming exemption. The court ruled the building of a dwelling on lot 1 "exhausted [the plaintiff's] right to build structures [on lot 2] on the basis of the ... frontage." IL at 353. The court reasoned, that an owner who has or has had adjacent land has it within his power, by adding such land to the substandard lot,to comply with the frontage requirement,or,at least, to make the frontage less substandard. In other words, the owner cannot avail himself of the nonconforming exemption unless he includes his adjacent land in order to minimize the nonconformity. (Citation omitted). In Bobrowski, the plaintiff s conforming lot was held non-buildable because the conforming lot was held in common ownership with the plaintiffs nonconforming lot. The court concluded that an improved"lot" is subject to the same considerations as to merger of lots - more particularly, the policy of minimizing non-conformities -that apply to vacant lots ...." 12 The law of merger in a zoning context also is helpful in resolving the instant issue. "The usual construction of the word `lot' in a zoning context ignores the manner in which the components of a total given area have been assembled and concentrates instead on the question whether the sum of the components meets the requirements of the by-law." Becket v. Building Inspector of Marblehead, 6 Mass. App. Ct. 96, 104, further appellate review denied, 375 Mass. 788 (1978). "Conformity to the requirements of the zoning ordinance is achieved in-such a case by treating the ostensibly conforming lot as servient to the nonconforming lot to the extent necessary to achieve compliance with the area ... requirements of the zoning ordinance at the .time of the transfer." DiCicco v. Berwick, 27 Mass. App. Ct. 312, 314 (1989) (citations omitted) (the merger in DiCicco resulted in a remainder lot consisting of 1000 square feet with 40 feet of frontage)." Prior to 1958, lot 29 consisted of 12,240 square feet. To satisfy the 20,000 square foot requirement of the 1958 By-law amendment(when all the lots were owned by Frank L. Horgan, Sr.), 7,760 square feet of lot 30 merged with lot 29 to form a conforming lot (lot 29-30). The remaining neighboring lots -- lots 31, 32, 33, and the remainder of lot 30 (approximately 4,900 square feet)were not affected by this merger. However, further merger occurred in February 1985, when the By-law was amended to increase minimum lot size from 20,000 to 43,560 square feet. In February 1985, Frank L. Horgan, Jr., Trustee owned all the lots. He had the opportunity to reduce the nonconformity; alternatively, he had five years to act to preserve his rights under section 6 and section 4-4.5, yet he did not. Therefore, the law of merger took effect and lot 29 merged with the "Although I acknowledge DiCicco as precedent, I also recognize the unfortunate outcome of the creation of a unbuildable lot from the remainder of the abutting parcel used to bring the improved lot into zoning conformance. 13 adjoining parcels to the extent necessary to satisfy the new minimum lot area requirements. Thus, lot 29 merged with lots 30, 31 and 32 --to the extent necessary to meet one acre zoning -- with the unfortunate result of leaving an unbuildable remainder lot comprised of lots 33 and part of 32 (4,885 square feet of lot 32). I conclude the building on lot 29 exhausted any future right to build on the adjoining lots, to the extent necessary to bring lot 29 into minimum size compliance under the By-law(see attached diagram). This conclusion is consistent with the policy of minimizing zoning nonconformities. Indeed, the conveyances of lots 30 through 33 out of a common owner after the 1985 amendment only exacerbated the nonconformity as to lot 29. To allow a landowner to sidestep. local zoning in a way that creates a nonconformity would promote inefficient land use. I therefore uphold both decisions of the Board and grant summary judgment in both cases in favor of Defendants. Judgment accordingly. g Caryn Faith Scheier Justice Dated: October 9, 1996 14 Misc. Case #f163150 an Misc. Case ##163151 LOTS) 29 ti 3d 31 3 Z 3S IZ,'too io,9o5 �?.r i95 �tf F•tj POT toPTs PTj BCAJIL !94 B t 1�58 =t ow wrr 'Z9 lZo,oa� txi r��nl. Rt,G' DJ 65 ' rsrM 1-14 % PRAf.IK LL• HdPASAKI, 5R. M N. Lor �fo G�tdrJK L. LIDRC- .�, �,., -rr-LJSTEE 51�L ILr.R6A%D '�' -To 'rRzSTEE L 'to FA4041C. L.O. GOMMotiI AGT. �$01: F L.I-�.� �R., CA•�YE1(''S � to I.+��� Oh►►JgcS►��P �NnG. Wit. 189 I,.I4.,SR., GDNv�YS LoT 31 or K I..I�o1�6Ar1,III ooalye�. Lor U-ro PAM P WoT A►J Noel 400vr`rs LOT 30 Tv �A�r� �.�r�,�,d►J, I I I L AfFF.. '9O: PpAi r.M f FS AFrU Y liDR PCRM rrS- r • �RY 1 1 0�►t--�- 1..0� ML�1�a pU-OTGOt-I a Misc. Case#163150 and q 2Nisc. Case #163151 • i LL f � 1 rt I • e .i •� N :� �►\\\. • � � Cam►�„o �f.Ls�+�I y--� w -Now ' i fit Re a r, �• e G d a if I •wi to H i a: 1 4 is �i l ^ �1 COMMONWEALTH OF MASSACHUSETTS t. LAND COURT DEPARTMENT OF THE TRIAL COURT BARNSTABLE, SS. MISCELLANEOUS CASE NO. 163150 FRANK L. HORGAN, III, ) Plaintiff ) V. ) DEXTER BLISS, ELIZABETH ) NILSSON, BRUCE BURLINGAME, ) LUKE LALLY, and GENE BURMAN, ) as they are the Town of ) Barnstable Zoning Board of ) Appeals, PAUL BROWN and ) EDWIN GOURLEY,. ) Defendants ) JUDGMENT This case came to be heard on Defendant Barnstable Zoning Board of Appeals' Motion for Summary Judgment and a decision of today's date was entered. In accordance with that decision, it is: ADJUDGED and ORDERED that the property identified in the attached decision as lot 30-31 is not a buildable lot under the Town of Barnstable Zoning By-law(By-law); and it is further ADJUDGED and ORDERED that the lot identified as lot 29 in the attached decision merged, for purposes of zoning, with lots 30, 31, and part of 32; and it is further ADJUDGED and ORDERED that lot 29, as merged with lots 30, 31 and part of 32, and the lot comprised of lot 33 and the remainder of lot 32, are not buildable lots under the By-law. Y' y the Court Scheier, J. . Attest: Charles W. Trombly, Jr. Recorder Dated: October 9, 1996 A TRUE coPY ATTEST: r ��, � 0 G � � � 6 v 2—(o / �, 3i� e5 � Y PlGE eoox6303122 Thence turning and running Northeasterly by the remaining portion of Oakwood Street forty and 00/100 (40.00) feet to the point of beginning. Being a portion of Oakwood Street as shown on a "Plan of Land located in Barnstable - Cotuit - Mass. prepared for Ronald J. s Mycock" dated August 4, 1987 and duly filed with said Deeds on Plan Book 439, Page 25. The above described premises are conveyed together with the right to use the two "30.00 ft. wide Utility and Driveway fi Easements"areas running along the Northwesterly sideline of + . Lots 18 and .2B as shown on said plan filed in Plan Book 439, Page 25 for all purposes for which streets and ways are now or may hereafter be used in the Town of Barnstable, reserving to the grantors the right to use said areasfor the benefit of their remaining land and to grant the same rights to others. For title see deeds recorded in Book 5907, Page 191, Book 5907, '§• Page 182 and Book 5907, Page 180. Ik Executed as a sealed instrument this 13 day of June, 1988. John McShane, Jr. o COMMONWEALTH Of MASSACHUSETTS 7 e liltl..US- I ISE s � �fp I McShane Construction Co., Inc. t a A By: John W. McShane, Jr., President ?.- 5 and Treasurer �Y a COMMONWEALTH OF MASSACHUSETTS t Y� Barnstable, ss. yLIN� �3 1968 Then personally appeared the above-named JOHN J. McSHANE, �F JR. 400K and acknowledged the foregoing instrument to be toWer free act and deed, be re me ,X jo Nota y Publi - ` ' - My Commi sion Expires:/Ij10(Uu/j1f 9 . 2652w *including the right to cross so much of Oakwood Street as =' is necessary to access said Lot 23. ' *s , COMMONWEALTH OF MASSACHUSETTS '• r Barnstable, as June 13, 1988 Then personally appeared the above-named John a. McShane, Jr, President and Treasurer, as aforesaid and acknowledged the foregoing instrument to be the ree act and deed of McShane Construction Company, Inc., fore me ,• tl31SIcJ3b`30d3W'd NHOf =` tart' Public r' My commission expiress p9Y 1S311t/`Ad00 3n81 d .. S0330.40 A)J-LSIJ38 IJ-N(100 3l9`d1SNad8 F ' RECOPDED JUN 13 88i .0 1' BOY-6303PAGE i21 DEED u' A Nt, a ' W �iabll JR., and McSHANE CpINC.,AMassachusetts Corporation, all ofBarn (Oster' Ile), Barnstable County, Massachusetts for consideration paid of Two Hundred Eighty Five Tho sand ($285,000.00) Dollars �;.•�� .,��_- , Bennett, Grant to Edmund J Prescottano d/jrje//yG husband and wife as a entirety, 22 onwealth Avenue, Auberndale, Massachusetts 02166 �e r y r'sS: a With QUITCLAIM COVENANTS rs: z t'v „t►1 •'.; --' The land together with the buildings thereon situated in Barnstable (Cotuit), Barnstable County, Massachusetts bounded and described as follows: PARCEL ONE: ` `a' :°'j;': by Oakwood Street as shown on plan Northeasterly r;_ : hereinafter mentioned one hundred forty-one •p-_ and 86/100 feet; ,: �;,,,,_,,,.; '• Northeasterly, Easterly and by Oakwood Street as shown on said plan, on - .•;., Southeasterly �trf an arc having a radius of 25 feet, thirty three and 04/100 (33.04) feet; y+ y Southeasterly by Oakwood Street as shown on said plan, one hundred five and 93/100 (105.93) feet; " "`•}' •' Southwesterly by Lot 26 as shown on said plan, one hundred seventy and 51/100 (170.51) feet; and ' - Northwesterly by lot 22 as shown on said plan, one hundred thirty feet and 00/100 (130.00) feet; Being show as LOT 23 nd containing 21,750 square feet of land more or le on '- " ivision Plan of Land in Cotuit, j Barnstable, assachusetts, for James P. Souza Scale: 1 in . 100 , ft Date 11 August 1960" which said plan is duly filed with �'•�- r•�� - • Barnstable County Registry of Deeds in Plan Book 159, Page 91. Parcel Two: Beginning at a point on the Northeasterly sideline of Oakwood Street as shown on plan hereinafter mentioned which point is forty five feet, �:'; "�?--``': •" Southeaster) from the Southwesterly corner of Lot 1B as shown y ,•:�:;; on said plan; Thence running Southeasterly by the Northeasterly sideline of Oakwood Street, one hundred fifteen and 00/100 (115.00)feet to a point; Thence turning and running Southwesterly by the remaining portion of Oakwood Street forty and 00/100 (40.00) feet to a ' . .t%1, point on the Southwesterly sideline of Oakwood Street; :�;;•_tz���_ Thence turning and running Northwesterly by the Southwesterly * ,_ ,•µ= sideline of Oakwood Street, one hundred fifteenand 00/100 (.115.00) feet to a point; at I;r j' - F 71. BOOK7679 FACE R6 DEED 43555 Model Ribnick, idow of Alfred I. Ribnick, of C , .. Massachusett nsideration of One Hundred Eigh -nine Thousand ($189,000) Dollars paid, grants to Albert H. itchin8 and Margaret W. Hitchins, husband and wife, both Massachusetts, (mail address: 275 Stow Road, Boxborough, MA 01719), as Tennants by the Entirety,. with Quitclaim Covenants, : the premises commonly known as 25 Oakwood' Street, Cotuit, Ai Massachusetts, and being the land together with all improvements thereon and rights appurtenant thereto situate in the Village of Cotuit, Town and County able; Commonwealth of Massachusetts, shown asIEMe, a plan entitled "Subdivision .• Plan of Land in Cotuit, Mass. for James P. Souza" � dated August 11, 1960 and recorded at Barnstable Registry of ,• Deeds in Plan Book 159, Page 91, and which is more particularly bounded and described as follows: • NORTHERLY by Oakwood Street, one hundred sixty-six (166') feet; EASTERLY by Lot 23',' one hundred thirty (130') feet; "SOUTHERLY by Lot 27, one hundred sixty-six (1661) feet; and WESTERLY by a portion of Lot 21, one hundred thirty (1301). feet. For title, refer to the deed of McShane Construction Company, Inc. to Alfred I..Ribnick and Madelyn Ribnick as Tenants . by the Entirety, dated November 18, 1988 and recorded with the Barnstable Registry of Deeds in Book 6524, Page 281. Alfred I. Ribnick died April 28, 1989, having been continuously married to Madelyn Ribnick since acquiring title. INTNESS WHEREOF M :e:lyyn Rib ick has set her hand and sealthis day of Septe er1. N l d Maeyn ibnic SEP I Y91 ,\4C�/.";�4 3 0. y _ g COMMONWEALTH OF MASSACHUSETTS r Barnstable, so. On this /3 2 day of September, 1991, before me personally appeared Madelyn Ribnick to me known to be the person described in and who executed the foregoing instrument, and acknowledged ,0,,,,,,,, `h., that she executed the same as her fre act and (deed. ,,•tiY�N •/1 rmn N tary Publ c f a =�; z vtli y commission expires:In o p.O• e p� m :n S�' �;•• -�►� A a O - ••.vas`,.. •.,.., CREDO 13 91 8''31SIJ3H'3GV3W'd NH0 J.S3J__LV`Ad00 3nH.L d SU33U dO.Fa1SiJ3a K� AJ.Nf)00 318b1SNtJN8 —41 I . F' BOOK AGE :t'• We, MARSACGO.' s Pau 1 S.ceen ey, on s t an ce pf,$ D[tt0 r1MORT►ORM Ann S. ChV.��yr� ;^fz est -Jones _! of P-0.80X 66 C 2�201 otuit, Miss. ,T Barnstable being unmarried for oonsid sty,Massachusetts, x - paid,and in full ooasitferatitm of S�•j/ ,1/�y_—� `�' grant to John J. Tegan / /hOu$,qy� ht fi of 15 Marrar.et • yr oston, pass, y' 1 with gntfristm rmunsetLs ;F• ?' ';• thelaadin Barnstable County achua•etts place ' Cotui t Lein y-. , Barnstable, flags y g. We>Q; ! r Jar,, as Lot 27) in ' t Scale I Dt'°°'°d�umb""°ry,uarhl for James P �u7•a �•� F in _ lOP ft, Dated. COttlit—Falr7outh plans Aur'ust 11, 1y60 Charles N, } , EnrinePrs-Sur,•evnrs which Savery Co, r.. recorded in Barnstahl e rnn Itv Ileri<.try of,Deeds shad clan Fame 9I, is duly in Plan Bonk Torrether with ri7ht of entitled thrreto, Over + in C")"On with all Ot, ern tapfnllyStreetsnd ways as sho!n on said n;r "�, •T, SOUTII',rESTt:RLY Ian, by the sideline of Cherry Tree Road, One hundred .i� sixty-six and 10�100 (166,10) feet; NOR71RVI:STERLy 1)), Lot 28 and a thirtv_t1,o and nor{ion of 1.ot 21, One huhdrrd 39/100 (132.2 `1ORTJIEISTLRLY 9) feet; 5?. by Lot 22 by Lot + and One hundred sixty- '' , ) feet;and six and 06/100 s SOUT1?1:AST1:RL}' ` tip (1'6.�t 6, one hundred and twenty-six and 63/100 _. '. See deed to Paul C Book 4315, Pale 17n,sweeney et al recorded si. in said id Registry in t COMMONWEALTH OF MASSACHUS``ET[.T•S cmcaw v �ttetef3a hand.............. ,;? a and seal this............j tg...........day of.,, lr.r.al < r' : . wv .................................................... („iuirwGR rr(: 14 ram: pn (Qnmmanwraft4 vt fi 4.,,, a ss. Air. l f Then rso nally app 19 5g I pe eared the above named F ul C. x Ann S. rley, COnstanr_c p.s and acknowledged the forego. e s t r-,1 on c O b too w� g g instrument to be their fr dee vR✓•:; �,R I ...... ... L J ••,f Notary Public •` t t 3 t .�Pfpeace':'�• .: ,' �•f r l 1 My commission erpim "'•.•�s,���y� •c�.:••� i ("Individual—Joint Tenants—'tenants in Cotn(non. Se �tuRv f'tX"!y...,, ••, s n o:. ,)ne y CHAPTER 183 SEC 6 AS AMENDED BY CHA '6Y ( i Every deed presented lot record shall contain or have endorsed u M. R 497 OF 1969 and" i for the amount of the full consideration the n it t� .t.oame,residence and ,Y.� for a s n�aty rent In dollar or the nature �0et°arc address of the grvttee •.s'+ ; mcumbranm wttmed bye.T�full Of rmme pion shall ttxan the rota! Price for 16e the then co itfaut n therefor. on if N��elivetad P I-M to com I with thia�sec8iion aball ning.thercon. All sueh endonen,enD and It L In cam p y recitals shall be PLartts with the te�qulRsnenn of this section,validity of say dad.No rc8irtet of deeds dull a rcaordcd u hart of the deed. a,s, UDMAY ■dad for tanndina ea 1 � It PQ D na rzsas . ill Y L i eoo� 6841^Ace 0 �(i COMMONWEALTH OF MASSACHUSETTS August , 1989 Then personally appeared the above named RAYMOND C. GREEN, President and PETER A. TSICOULIOUS, Treasurer, and acknowledged the foregoing instrument to be their free act and deed on behalf of the r S Corporation, before me, Notary Public My " fission Expires', �l ��_=•� I - \yAJIWI'( ' ., III 0�24A000 15:-;4 P 1� :W • �V EY,CiSE 7A ' c/f SC) I. L� p'.• a .I '• 1Srr:. I I 2 i PECOP IR,auc .l 189 U31SIJ38`3Ud3W.3 NHOP J.S3iid`hd00 3(1»i d SU33U d0 AH.LS1038 AJ.N(100 319t/1SNad9 souK 6 S 41 Dhn 009 n � �Utipf3 ` OUITCT AIM DEED RAYMOND C. GREEN AND COMPANY, INC., a Florida Corporation qualified to transact business in Massachusetts, of 50 Staniford Street, Boston, Massachusetts, for consideration paid and in full consideration of ONE HUNDRED S Y-FIVE THOUSAND ($175,000.00) DOLLARS, grants to SUSAN H. CLEMENT and RICHARD A. CLEMENT, husband and wife, as tenants by the entirety, both of 405 Oregon Road, Mashpee, Massachusetts, 02649, with QUITCLAIM COVENANTS, The land and buildings thereon, in Barnst�Lo #21 it), Barnstable County, Massachusetts, being shown asn a Plan of Land entitled "Subdivision Plan of Land in Cot ' ble, Hass." for James P. Souza, Scale 1 in = 100 ft. Date: August 11, 1960, Charles N. Savery Co. Engineer Surveyors - Falmouth, Mass.", which said plan is duly recorded in Barnstable County Registry of Deeds on Plan Book 159, Page 91. Together with a right of way, in common with all others lawfully entitled thereto, over the streets and ways as shown on said plan. j The Grantor represents and warrants to this Grantee that the conveyance of the premises does not constitute a sale or transfer of all or substantially all of Grantor's assets. For title of Grantor see Deed of John D. Sweeney, Trustee of the Oakwood Realty Trust dated May 2, 1989 and recorded with said I Deeds in Book 6730, Page 120. I IN WITNESS WHEREOF, the said RAYMOND C. GREEN AND COMPANY, INC. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by �.1I RAYMOND C. GREEN, its President and PETER �► TSICOULIOUS, its this Treasurer, hereto duly authorized �` day of August, 1989. RAYMOND GREEN,AND COMPANY, INC: ' r• / By: PETER,. TSTCO`U fAS, By:' RAY bl C. GRE£N1 • usurer 'r Pre6ent` T @ ,. ...... ..u• a I ((• BOOK 6560PAGE 31.0 70tiL ' I ,tAM11eMWetTfr t1VITCt.Ya OiN/�OOM'OetlAysOM lMttDlly/OttYl VN - • NCSHANE CONSTRUCTION CO ANY. INC. stab the laws of Massachusetts 3e and baying its wualp1mof business at Falmouth Road, COtuit, Massachusetts ..Barnstable t.Moty,b(SUKh ft ' for consideration pest in consideration of =240�w1w•gt0 —A It, J• • S•rt, asr poll• isaatNc yacw t.wltvl�a•I 767 Brancato tr.L'.vwt! *-Lai{s Al T.•►M�l r► b0 o'w•3 - of 70 Oakwood Street, Barnstable (Cotutt), MA 02635 ith im tvwudM dubuldlssl together with the buildings thereon situated in Barnstabll wharf t), Barnstable County, Massachusetts, bounded and described (Cotuas follows: (p„rrlptlon attdoncumbraost,If W) ; FOR A DESCRIPTION OF THE PREMISES CONVEYED HEREBY, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. - Grantor herein certifies that the premises herein conveyed do not �� •- j constitute all or substantially ail of the assets of McShane :^ Construction Company, Inc. > 9.4 �P7.P .s `� V tT•r� -� �n tttnp�l3 �hprppi, thesaid McShane Construction Company.- Inc., has caused its corporate$ad to be bereto affixed and these presents to be signed,adumledged and delivered In its rlame and behalf by John J. McShane, Jr., its President and Treasurer, hereto duly autborized, this s i x t e e n t h (1 day of December 1 in the year one thousand nine hundr and eighty-eight. Signed and sealed in presence of a n•�!,,,,,I n t,r„ Nc.Sh.ans...C,.aJnox.uG .AA...G .... .....» t by .Ja ,1.....MGSb.an.�....tir..r........ ......................... President and Treasurer U. December 16, 1988 Barnstable, >h Msondlyappattd the above named John J. McShane, President and Treasurers and sclawwledged the foregoing instrument to be the free act and deed of the McShane Construction Company. Ine.beforeme Notur Public— my commbsion spire 199. I' la3 SEC 6 AS AMDOED BY CHAPTER 497 OF s �PIEx ofta JIM of the smote sad Bveey deed premted fa reseed shall entrain a pave endorsed upon it the fall nsme.residence sttd Pot: "tedlW of the smount of the full eon"demtioo thereof to down or thero the coaveyance without deduction ure of the other conudcaulnffo�rf soy Item encumbrances . e000ene7 rum. The fall cetrslllewlon"aw ntheoodprice td recitsts shill be mcorded u pate of the dad.Failure to comply with �med by the 9motee or remuninaa thereon• dad. h endorsements norseer of deeds shall uc pt a deed for recording odes*it is in coaplisnee with the . this section shalt not affect the validity of any - - aquiremenu of this,ertion. . ey Ogg - ---_--- BOOK E 5 G O PAGE 311 EXHIBIT "A" by Oakwood Street as shown on plan hereinafter n s ,.. SOUTHEASTERLY mentioned, ninety-five and 64/100 (95.64) feeti SOUTHEASTERLY, SOUTHERLY and € by Cherry Tree Road as shown on said plan, on an SOUTHWESTERLY p arc having a. radius of 25.00 feet, thirty-four and 9 #; 87/100 (34.87) feet; t+ SOUTHWESTERLY by Cherry Tree Road as shown on .said plan, one hundred forty-nine and 79/100 (149.79) feet; Lot 27 as shown on said plan, one hundred as NORTHWESTERLY by M A twenty-six and 63/100 (12.6.63) feet; and :A s NORTHEASTERLY by Lot 23 as shown on said plan, .one hundred seventy and 51/100 (170.51.) feet. F T Being shown as LOT 26 and containing 21,900 square feet more or less on a "Subdivision Plan of Land in Cotuit, Barnstable,• i Massachusetts, for James P. Souza, Scale 1 in 100 ft Date 11 �., " plan is duly filed with Barnstable Count) ' r August 1960 which p Registry of Deeds in Plan Book 159, Page 91. nveyed together with the right The above described premises are co tab to cross eo. much of Oakwood Street ae is necessary to access said A,;1?; : tf; Lot 26, and with the right to use the two "30.00 ft. wide Utility -4 =i-, and Driveway Easement" area running along the Northwesterly ' sideline of Lots 1B and 2B as shown on a plan filed in Plan Book side Page 25, for all purposes for which streets and ways are now a` or may hereafter be used in the Town of Barnstable; reserving to ;., the cantor the right to use said areas for the beaefit of their g rant the same rights to others. . remaining land and to . , see deeds re For title corded in Barnstable County Registry of w Deeds in Book 5907, Page 1.91, Book 5907, Page 182, and Book 5907, Page 180. 13�.�NSTABLE.000NTY" . atCISTRY Or DEEDS A i RUE COPY,ATTEST ,` := A� 2;"`•. JOHN F.MEADE REGISTER —. BACAS&SNOW C. AT LAW ' RCEO DEC 19 88 ..� ►.0.Box� A 71b WM BTRW 11LJ�� 4 r r F. awl.•' r_ MM YV +• P•O()t /J8 i a t 1 U eAGi 223 i tr4 t ��• 9 ,fir � �i a y I fit COMMONWEALTH +jy "— OF MASSACHUSE7f5'' v o JUEE, -US i'a1�Gs� ef '6t:_ 0 3. 4 2= �} x _ ........... Executed as a scaled instrument this 8th day of September 1972 lll•1 •.'1 :ix+ Barnstable ea September 8, �1972 •�� ! r Then personally appeared the above named JAMES P. SOUZA and ELI ZABETM M. .SOUZA ±•: ` yy and acknowledged the foregoing instrument to be their free act and deed,before me Arnold My000k fva ' �� ubiu ' My commission expires May 6, :It 19 7 7 xgc 2: Yy4y;.,�r y. i• r ! 1•.ar; *� u+ � � RECORDED ocr 161972 C y 600x 1738 PACE 222 � la ; ti� Y 1. K WE, JAMES SOUZA nd ELIZABETH M. SOUZA, of Main Street, arnstable,_(Cotuit) Barnstable County,Massachusetts, being tlnarried,for the full consideration of FOURTEEN HUNDRED AND 00/100 ($1400.00d ? a r DOLLARS paid grant toolNAMA SWEBNHY, f Shell Lane, Barnstable (Cotuit), Barnstable County, Mass 1 with quitrlatm rournanto2boaMOU two parcels of land situated in Barnstable (Cotuit), Barnstable County, Massachusetts; and bounded and described as follows: PARCEL I NORTHEASTERLY by the sideline of Oakwood Street, One hundred thirt . two and 35/100 feet�. (132.35);SOUTHEASTERLY by Lot 22 and a portion of Lot 27, One hundred sixty `` two and 39/100 (162.393 feet; SOUTHWESTERLY by Lot 28, Two hundred five and 21/100 (205.21) feet w NORTHWESTERLY by the sideline of Guimquisset Road, on an arc hav- ing a radius of 161.59 feet, 125.64 feet; and NORTHWESTERLY, by the sidelines of the intersection of Guimquisset 41 !I NORTHERLY, Road and Oakwood Street, on an arc having a radius ' ; +y NORTHEASTERLY of 25.00 feet, 39.27 feet. } Containing 26,000 square feet jof-land toor.e.or less. i rred � Said premises are shown as LOT 21 on plan of land hereinafter-•refe R; PARCEL II t SOUTHWESTERLY by the sideline of Cherry Tree Road, One hundred sixty-six and 10/100 (166.10) feet; 4 NORTHWESTERLY by Lot 28 and a portion of Lot 21, One hundred thitt two and 39/100 (132.39) feet; 1 NORTHEASTERLY by Lot 22, One hundred sixty-six and 00/100 (166.00) { feet; and + ' SOUTHEASTERLY by Lot 26, One hundred twenty-six and 63/100 (126.63 feet. Containing 21,499 square f t of lan L i r , Said premises are shown s LOT 27 on plan of land entitled, "Subdivisi Plan of Land in Cotuit ��e ass. for James P. Souza Scale 1 100 ft. August 11, 1960 Cha .�Savery Co. Engineers-Surveyors, Cotuit-Palmouth, Mass.", which said plan is duly recorded in the Barn, stable County Registry of Deeds, Book 159, Page 91; dfNY91 fmXMD079 G "rat Together with the right of way in .common with the grantor and all othetw lawfully entitled thereto over Cherry Tree Road, Guimquisset Road, and1. y;,. Oakwood Street as shown on said plan for all purposes for which public ways are used in the town of Barnstable. _7••' Being a portion of the premises conveyed to us by deed of James G. ; ` Souza, alias, May 23, 1968 and recorded in Barnstable County Registry {` lilr ` T of Deeds, Book 1401, Page 894. � wy,:� m 1: t#' t BOOK IS89 PACE 241 ::OTUIT, TO77N OF BARN3TABLa 20576 c T. County,Massachusetts ' being;rrymarried, for consideration paid,grant to IiARGAA::T IbCCGN\' 1: Roy r of ::aid Cotuit Cotili.t, i•L . i with •,11TTMATL: raurttttnio t the :frtrnntablc (Cotuit), 9arnntablr County, ,nnnachunettn, hpinL shown as :. ,I ���� :: .^•7 n d In na :thown on plan of land entitled " ;;ubdivid.lon Plnn of land in Cotuit, (Description and encumbrances,i(any] for James Y. Sousa, Scale • ? 100ft. Date: Augtlnt 11, 1960 Charles I- :',."very Co, YnUinecrn-Surveyorn Cotuit- Falmouth, :i btann"„ whl.ch naid plan in duly recorded in Barnntable Cowlty ReLintry of:'D4r•de i Plan ' L'onk 159, Pa;;r: 91.. n Tomother with a riCht of way, in corn=non with all other..lawfully entitled thoreto ' over the ntrootrt and ways an shown on naid plan, x Sep deed-" to the naid IN'k-UtY SVI3•;Nc:Y recorded in_naid re intry in book 173V,pa�e 222, end }look 17311, pn�,! ??6. 1' 1, -'nmirr+l, nn,_mnnn+nry :1. . There in 're ,1 .1 b.r. conAdnration for thin conveyance, , frr,• I p I�I� i�t. �' n Ilk OU 15, • j i l' l Sty 4. M KI �wifev X?:Xbyls�Apkx KIC�SCifoYSald:(�+tirTteis>all;Li�hEti'SFY.fenasic •fiy>'tTi�`'�iifte��+ v., , • i dilivet�•fQii6:'•lior'ntsfe9d a:id�lfe4 intEreStb�thi:reiri� 3Dtittraa• '.1yr.....han and seal this t t ......... .5::.....................day of.. ?L:............ g(rAV , .......................... 'r.... �l .. ( i j ....................................:.........................I..................... Ij 1 ` i~ wl(e fdamtnunwrulfh of 01111sarlplarall '-h S • ! BARSSTA.TSLE......... i .............SS. ................ r.1....�.�.. .. .,� Then personally a IIU�:ARY S'fL f.::4 G•V } appeared the above•named.... . ............................* and acknowledged the foregoing instrument to be.`a,,l..w,,.....free act and deed befort tna*- ^ f w 5 g g l , pi,:.fJ J! j Z• � �'iI'!if ,} '.•,�� ;ram r: /..� Notary Publ j..-.a�i ,• Il'(�''(i.t ... Ary commission expiro...... '� ' l ..............1 7 ,'•�I,Is` xRECORDED wh- 21913 ,i!i;II If�jl Ijl n Al 1� r.ht '70267 / 1. MAR MCCANN F COTUIT, TOWN OF BARNSTABLE ,�• ° 4 of BARNST County,M use being rm»carried, for consideration paid,grant to Pp SWEENE , o. CONSTANCE M.S. IERSON r j ANN S.CHESTER_JONES, & �� � QUITCLAIM �• �` *�t �;. � Dial J of ?0• o X G (. - with tl�iih'7%ronrnants ' S u l 3 MAS S 6 3-L the and in Ba s ale (Cotuit) , Massachusetts. being shown Barnstable County, a LOTS 27 as shown on plan of land entitled "Subdivision Plan of~ t At la uit, Barnstable, Mass. for James P. Souza,Scale 1 in.= 100 ft •� x�� oa. [Dscnp:ion and encwnbunr_s,if any) a„ . August 11, 1960 Charles N. Savery Co. Engineers-Surveyors Cotuit- ;: ;, ,. 7r:tfr.= In Date: Au E Falmouthgpiass'., which said plan is duly recorded in Barnstable County ,. Intl Registry of Deeds in Plan Book 159 Page 91 `l ` Together with a right of way, in common with all others lawfully entitledY thereto, over the Streets and Ways as shown on said plan. y � sit See deeds to the said to the said MARGARET MCCANN recorded in said registry in Book 1889, Page 241, a < r 'F� T IMP, i There is Nominal, non-monetary consideration for this conveyance. note 'Cr jam 9 i 9 44 Si ,; #' { wife of said grantor. _ husbandtenan release to said grantee all rights of dower and homestead by the�� and other interests therein, " dower :; •; ,This no MUnrss.... hand and seal this................... y ..%.Cf.,. .. a tf,a 20 ./.... ..................................................................... ............. . it Sipnstu .................................................................................... .................................................................................... r w i ...................................................... r r 1 � G• 7� .�'M'k 1 i . Zile Commotimral24 of Aassarlgttsrtts t BARNSTABLE Ca ...... =s. Then personally appeared the above-named...........MARGARET MCCANN 0aXY nd acknowledged the foregoing mstritment to i, ................fr act and deed,before me I' (r' . .j•. y ury blic—justice of the Pe, l j My commission expires.... _. ./ .................. i U.146"I Mass I, JAME3 0. 30UZA, i of Barnstable' (Cotult), Barnstable County,Massachusetts, bring aperarried,for consideration paid,grant to ti �'��!..r.+ �� a.. I JnNN D. SWEENEY and INA S'WEt:CEY, husband and wire, as tenants by the entirety, both of Rnrnztabin (Cotult), barnstnble County, o Mnssnchusetts, with quitclatnt covenants ' the land in nnrnstAble (Cntuit), Ilarnsl.ahle County, Mnssnchusetts, hounded and described as rollow. Its.vr�tr�.m,w,l e,wmM.nre1 II,rat Nnrthwes ter]y by the sideline of Ouimquisset Road, on an arc having n rndltse of 114.89 1'eet, ninety-three and 31/100 (Q3.31) l'eet; i Northwestorly avaln still by the sideline or Rulmquisset Road, thirty• ri two and 6000 ( 3?.8q) feet; 1 Northeanterly by Lot 21, two hundred five And 21/100 (20[.21) feet; Southonstorly by a portlon or Lnt 27, onn hundred and ` 00/100 W:0.nn) feet: Southwesterly by Lien sidollnu (,I, Chem Tree Rood, two hundred thirty- Ibur rand 1.1/1f10 (i'3h..11) Unet: and Southwesterly j� and 1'.e3tarly by the sldellnos of, the intersection of Cherry Tree Road and. Guinquisset Road, on an arc having a radius Of' 25.00 feet, thirty-nina and 27/ICO (3).27) reel, i Cnntolninr 26,1,00 square feet of lnnd, more or loss. C 3ni ! entitled, "311bdIvisl d onPlonm e of Land In s are hCotuit own 83 Larnsttable MassOT 23 on plRn lffornd JRnte9 P. Souza Scale: 1 in. ■ 100 rt Date 11 August lgb0 Chnrles N. Snvery Co., Et:v,ir.ners - Surveyors Cotuit Falmouth, Mnss.", which I said plan is duly filed In 9nrn3table County P,ec,istr,y of Deeds in Plan Book 159, PnRe 91. Tor.ethor with a right of way over Cherry Tree Road and oulmqulsset Rood as shoran on Bald plan in common with the Grantor .,.•i. ! and all others lawfully entitled thereto. r• + nelng, a portion of the premises conveyed to me by deed of r;- 1 Edwin 3. Mycook, Tru d stee, ated May, 1953, recorded in said Registry in Book 8V, PRno 257. I, Elizabeth M. Souza �a of said grantor, jwife r release to snid grantee all rights of aalrXlt and other interests therein. dower and homestead 1 i 01111rsla.our......ltnnds and scale this....................: .....day of......::.'..'....�^ i •.� i.. .............................. w l::rs u ........................................................ ............................................................................. I p t3 ✓IIt;r Clammmm�ealta of Aiaaaarhuaetta f Barnstable ss .:�. "/ 1'1"• '�••••tt., (1�� I I e:.. i a ? 'Then personally appeared the above named James 0. Souza 1 R e tu and acknowledged the,foregoing instrument to be his free act and deed, 44 i. 4. F �' ^'1 � '• .,,.� •� '7 <'��� ..'J...,. Nor.p PuAlkti @TK`JrSs�""'•`W~'a r •.` ( 2(w Y r_ '.(,. 1 r I , Hr eannJaloo oilrtr "� !r •A p n`�`.� 'TtI�• rrlea&eraftl�o;�er'$IY`et��• ;o•� * POU�.173b PALS. 227 '4, 29515 the t WE, JOHN SWEENEY and INA SWEENEY, husband and wife, as tenants by the chuaetts, i xa� entirety, both of Newton, �� Middlesex County,Massachusetts, beingmtonarried,for consideration paid,grant to NAMARY SWEEN , OF 85 Farlow Road, Newton, Middlesex County, Massachuset��jjSs Funded Of with Q Ulrlalnl cm ? f, tk%AMM4�R a certain parcel of land situate in Barnstable (Cotuit), feet; Barnstable County, Massachusetts, bounded•and described as follows: thirty S NORTHWESTERLY by the sideline of Guimquisset Road, on an arc having )0 a radius of 114.88 feet, ninety-three and 31/100 (93.31) feet; �0) 1 NORTHWESTERLY again, still by the sideline of tiimquisset Road, thirty- two and 89/100 (32.89) feet; other NORTHEASTERLY by Lot 21, two hundred five and 21/100 (205.21) feet; L SOUTHEASTERLY by a portion of Lot 27, one hundred and 00/100 (100.00 feet; Df land ! ` SOUTHWESTERLY by the sideline of Cherry Tree Road, two hundred .`or i. thirty-four and 11/100 (234.11) feet; and `I. SOUTHWESTERLY and WESTERLY by the sidelines of the intersection of Cherry Tree _n ,• Road and Guimquisset Road, on an arc having a radius yc of 25.00 feet, thirty-nine and 27/100 (39.27) feet. 1 Containing 26,500 square fee land, more or less. ` Said premises are shown a LOT 28 o plan of land entitled, '!Subclivisio Plan of Land in Cotuit Barn ass. for James P. Souza Scale: 1 in. w 100 ft Date 11 August 1960 Charles N. Savery Co., Engineers - Survey- r • �, ors Cotuit Falmouth Mass.,,, which said plan is duly filed in Barnstable t' County Registry of Deeds in Plan Book 159, Page 91. 1 l Together with a right of way over Cherry Tree Road and Guimquisset - Road as shown on said plan in common with the Grantor and all others �}• lawfully entitled thereto. rBeing the same premises conveyed to us by deed of James. G. Souza dated ` October 5, 1967 and recorded in said Registry Book1380, Page 51. There is no monetary consideration for this conveyance. '2 t 4 our hands and seals this 6th day of September 1972 I r ' �bt! DntLLiDltmttti(14 Ot�86IIt�tlfa . 72 Middlesex p o �emzt�o37t3AfDc ++• September 6th 1972 Then personally appeared the above named JOHN SWEENEY .4 I r. g*d ing Instrument to he his free act and deed, y ::'�coA f j. ••a'!a M.l T. �:v Before ttter /ti a.c..wc.,/�..2.t•lS�vrt a � e •'� 7 k. '.i _ MASSACHUSE TS QUITCLAIM DEED SHORT FORII (INDIVIDUAL) 881 sn 6103P� I61 032.10 CRESCO LTD. p Q-B 68, Grand Cayman, Cayman Islands, BWI f �'. •, ' being unmarried, for :•/,;•n?u)a 1 '�;,,�+ lI",,y/-T�,y' consideration of(?"'4(IEyNNCC- a grant to Ina M. Sweeney of B ox 66 Cotuit, Mass.02635 with quitclaims covenants �. ( the land in BARNSTABLE ( COTUIT),BARNSTABLE COUNTY, MASSACHUSETTS, being shown as lot 28, in Cotuit , Barnstable, Mass. for James P. Souza ' scale 1 in = 100 ft. Date: August 11,1960 Charles N. Savory Co. Cotuit-Falmouth,Mass. Engineers-Surveyors, S ,•-. which said plan is duly recorded in Barnstable County Registry of Deeds in Plan book 159, page 91. See Exhibit "A" annexed hereto and incorporated herein by reference. Together with right of way,in comanon with all others lawfully 4 entitled thcreto,over Streets and trays as shown on said plan. See deed to the said Tresco Ltd. recorded in said registry 731 z _ � s , i r IN WITNESS ld})ERF.t1F, the said Tresco Ltd. has caused its corporate seal to be affixed hereto and these presents to he signed in its name and behalf by Paula Thompson, its Secretary, duly authorized, Itt=Ifelstt 7tsxYxYxM7t7fMxxxx71laa1xxIDaS this . 3rd. day of ..April' 1 87 TRESCO it\TD. 1 t _ �y'p3uili''�1'�uiiq;suln'�ui'i�n,l•uii'l+i•h,i)i'u( n.vstdent-Trcnsurer ICampbell SCCrlt.l�ics Linut.....,,t,.t',iy .................................... :i The x6er®envaa 2 f l4c raix Kaxs�cl�n�Cia'Cvn Ns. 3rd April, 1987 Then personally appeared the above named Paula Thompson for and on behalf of IS} Campbell Secretaries Limited, Secretary of Tresco Ltd. "tf . and acknowledged the foregoing instrument to be ti, free act and deed h 0Lk�4f SIDENT 4' 40 Notary Public uetLco--of -4. r�\r�\� iry.T �1• t My commission expires •..101•' 01 (•Individual --- Joint Tenants --- Tenants in Common.) CHAPTER 183 SEC. 6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shill contain or have endorsed upon it the full name and post office address of the grantee and a recital of the amount of the full con- sideration therefor, if not delivered for a specific monetary sum. The full consider- ation shall mean the total price for th-) eunveyance without deduction for any leins or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. b A &r A$SACNUatrt7w QUITCLAIM Daao aMony IonN (INDIVIDUAL) ace! I, INA1 ARY SSES NEY l car 5734 Fia 323 34789 FLORIDA r.� of DADE County,"kM p being unmarried,for consideration paid,and in full consideration of r-1 TitESC(` LTD, ° grant to of Box 268 (,eorretownvOrand Cayman I. B.'•1.I. with qultrlatm ratrtnaub r the landing::rust^l/le(Cotttit),Biristible Colenty,Dtassachusetts,being shown as LOT 28 as shown on rlan entitled "Subr'ivision la.n of land in �` + (Description st-A enctunbrantes,if aayl . .� i Cotuit, Barnstible,k!ss,for James Souza, Sc,le 1 in,.lor, ft. i 4! Date: Aupust 11, 1960 Charles N,Snvery Co. Enrineers-Surveyors Cotuit- i , Falmouth,Yass.y which said plan is !luly recor.led in Barnstable County Registry of Deeis in Plan Book 159, rai7e 91. i t Together �•.ith a ri^ht of v:ay, in common with all others liuFully entitled thereto, over the Streets an,! 'Aays as shown on said Flan. * See de d to the said IIIAPtRY SWF.I:NEY recorded in said registry in BooknwPage . There is Nominal, non-monetary consideration for th•3s conveyance. i t II i` �tintae ..............hand and seal this.........fr.f...:7...�.day of..........�?..:.tf./........,19...�.7 1 .................................................................. ........:> i.i,r.c7 ......u�c ti /.. .x /.:............. t .......................................................................... .......................................................................... i ......................................................................... .......................................................................... t�qt MDmm rswe ltq at Aaanatllulutte ss. a, 19n Then personally appeared the above named , �. and acknowledged the foregoing instrument to be ree act and eed before me .6 ....... Notary Public—justice of the Ptyce Mr commission Mpires L�t,L�L r 19 O 7 Ida r .� (•Individua:—joint Tenors—Tenants in Coon.) I A Jr MAPPER 18)SEC 6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record&hall contain or have endo-4 upon it the full name,residence and post ogee address of the Franke i and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a specific Monetary sum.The full consideration shall mean the tool price for the conveyance without deduction for any liens or .I encumbrances assumed%the grant"or remaining thereon. All such a donemeoo and recitals shall be recorded as part of the deed. failure to comply with is section shall not affect the ealidity of soy d"d.No register of deeds shall accepts a deed for recording unl— It Is in cooplisoo with the requirements of this section. ,DEGORGED MAY zl Y 7 263PAGE OQ . wsawcautarn OUlrcuir O[im Orton/011r (iMD1VIDYALI ul I, Inomary ern ey 26301 of 336 S.W. 13th Ave, #306B Niami,Florida Florida Dade county, i btir6 tr—atrrid,for erntion Paid,and in full 00nsider'600 of Seventy-Thousand Dollars 1 grant to. John D Glh and Corrine L. , as joint tenants, both • of 249 Cmrnmwealth Avenue t9, Boston, Massachusetts 02116 with gnttrlalm tHlOrttIIttl9 thelaadinthe Villare of Cottlit,Town of Barnstable,Barnstable County, Massschusetts,shown as lot 2R,on Plan entitled, "Subdivision Plap of Land [or m James P. Souza, Scale 1 in. - 100 ft. I, Date:Aurust. 11,1960 Charles N.Snvery Co, Cotuit-Falmouth,Ms ss. Enrineers-Surveyors,which saidnlin is ,:uly recorders in Rarnst.ble County Reristry ,f Deeds in P]7,n Book 159,1'are 91. Tor.ether t::ith°'rirht of wav, in cn-moo with all others lawfully entitled thereto, over Streets and Ways as shown on said plan including i Cherry Tree 'load and Guimouisset Road. Said lot is more particularly bounded and described :+s follows: t `IORT'IIWESTGRLY by the sideline of Guimquisset Road,on an arc having a radius of 114.88 feet, ninety-three and 31,400 (93.31) feet; NORTIIIfESTERLY apain, .stil1 by the sideline of Guimquisset Road, thirty-two and R9/100 (32.R9) feet; NO.RTIIL•'1STERLY by Lot 219 two hundred five and 21/100 (205.21)feet; SOUTHEASTERLY by a Dortion of Lot 27, one hundred and 00/1()0(100.00 feet; SOUTIRVESTERLY by the sideline of Cherry Tree Road, two hundred !, thirty-four and 11/100 ( 234,10feet; and SOUT11WESTERLY by the sidelines of the intersection of Cherry Tree and'WESTL'2LY !toad and (;llimnuisset Road,on an arc having n radius • Of' ?S.nn feet, thirty-nine -nd 27/100 (39.27) feet. Containing 28,5o(1 square fe.rt of land, pore ' r 'ers. 8or title gee deed from Tresco Ltd., recorded herewith. See also deed in Book 6109 Page 161. 19tinras ......my....hand and seal this..C.!ff..(c"!.J.!?.....day of.... `��al.� ............... 19....... t , i o COMMONWEALTH Of MASSACHUSETTS DEEDS 2', . ,` ISL .................................................................... 1 - ... ...................I.................. i m —tuT I s u= I - 15 9. 6 0- a (at}t a1Dtllntntllnrtll� of �anstutluarth u. Q0.ITy, PR. CSU91k) 4,Rll /sue 19g? Tben personally appeared the above named Inam ry.Sweeney and acknowledged the foregoing instrument to be h r act W Mr commbsion-hire E.lbG JR l9 NOTARY PUBLIC bly COMMISSION EXPIRED MA11,10,i1a ("Individual—Joint Taunts—Taunts in Cwtwron.) CHAPTER 183 SEC 6 AS AMENDCD BY CHAMR 497 OF 1969 I Bvm deed Presented for record s1uU contain or have eDdoned upoo It the full none.residence and post office address of the graDb aDd a motel of the aawuot of the full consideration thereof in dollue or the nature of the other consideration tberefor,if not ddiverad ' i far• b,eo6c mooarr�suet.The full consideration shall mean the roof pprice for the conveyance without deduction for any liens or enetrmbrsoces uaumad Is the grantee or retraining them°. All such endonemmu and raiuL shall be recorded as part of the deed. Failure to comply with thin section,ball not affect the validity of any deed. No register of deed,.lull accept a deed(or recording unless :l h is hi eompli,r,a with the requiremm„of this,won REGORGED J oar is es i MYCOCK, KILROY. GREEN & MCLAUGHLIN, P.C. ATTORNEYS AT LAW 171 MAIN STREET HYANNIS. MASSACHUSETTS 02601 OF COUNSEL BERNARD T. KILROY EDWIN S. MYCOCK ALAN A. GREEN AREA CODE 617 CHARLES S. MCLAUGHLIN. JR. 771.5070 ADDRESS ALL MAIL MICHAEI. D. FORD P.O. BOX 960 HYANNIS, MASS. 02601 MARK D. CARCHIDI LAURIE A.WARREN REFER TO FILE # MARIBETH KING July 27 , 1987 Joseph Daluz Building Inspector Town of Barnstable Main Street Hyannis , MA 02601 Re: Lot �Lb on Plan Book 159 , Page 91 (Assessor 's Map 19 , Lot Dear Mr . Daluz: The above lot was shown on an old Board of Survey Plan dated August 11, 1960 and recorded in Plan Book 159, Page 91 . Lot �10 has been in separate ownership from that of adjoining land since December 27 , 1972 . As of that date the lot met all of the dimensional requirements then in effect under the zoning bylaw of the Town of Barnstable. It is my opinion, from a review of the record title, that said lot has the benefit of unlimited buildability under the provisions of paragraph G of our local zoning bylaw. Although I have not physically inspected the locus, it is my understanding that the major portion of Oakwood Street upon which the above lot fronts has not been improved for vehicular access. I further understand, however , that Mr . McShane will be improving Oakwood Street sufficiently to enable fire and other emergency vehicles to gain access to the lot . Very truly yours, Bernard T. Kilroy BTK:gm __Bacas, Florence&Snow, John T. 70 Oakwood Cotuit, MA 02635 / Assessor's Map Parcel No. 19-157 f ' During the public hearing on appeal No. 1996-22 -O'Brien, the Board noted that many of the neighboring homes were built on undersized lots in the area of the-appeal. The Board raised the question to the staff if these homes were legally built in conformance with zoning given.that zoning in the area changed in 1973 and that many of the homes were recently built>.Did other-lots ih the area have the same probe that the O'Brien's lot had -Common Ownership?- .,j. IV►'\ The Board bad the staff to look into the matter. In a cursory search, we have discovered the above referenced lot appears that it to may share in this problem of common ownership and may not fully conform to the requirements o Zoning and MGL Chapter 40 A. It appears the lot may have been in common ownership in 1987 by the fact that it was transferred at that time for a nominal fee of$1.00. This transfer occurred 14 years after the zoning change and if in common ownership would not have been grandfathered by the subdivision nor by the 5 year period granted under the zoning ordinance for transfer of common lots. The Home was built in 1988. The owner should be contacted to verify that no common ownership occurred after the zoning change 1973. file-Q- Planning-current plan -zba-letters-"I-0312.doc" V_ V lU D I f ��rr �- - I f \^ r tl C� � V �� r '� i ' � � _ . � Assessor's office(1st Floor): �> 0141 Assessor's map aAl t number �J % r c�to t>o Conservation -1 �^' ° pTIC SYSTEM MUST BE ��°`�`•: Board of Health(3rd floor): � 22 INSTALLED KeOMPUANCE Sewage Permit number . d a - J��{ TLE 5 { >taa»rantc � rua Engineering Department(3rd floor): C;4��� 7 NVIRONMEN'AL CODE AND °o �e�q. House number ,L��JJ �o Definitive Plan Approved by Planning Board T4s��'4f1� REGULATIONS m APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR P APPLICATION FOR PERMIT TO (IL I` � (^� V Sa �c u-Q TYPE OF CONSTRUCTION ^ . _ `9 1..52- 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to he following information: Location a a4PAAeq� r� Proposed Use / 6YA-0, Zoning District /�-� Fire District Name of Owner a h , k�j k , 6� t P n Address co� G a C t, ,U 1 Name of Builder l �.�k ,� S ��'` Address Name of Architect Address Number of oms 2�R2 (.Sb0A L Foundation C ow Exterior ()IZkclil, Roofing AA 1 IrI Floors 1 H l ��h I��� Interior Heating C1 n S - Plumbing Z / Oa Fireplace Approximate Cost t'lU Area Diagram of L Building with Dimensions Fee ! o� � 1 lv OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name t Construction Supervisor's License G - No Permit For Location Owner Type of Construction , Plot Lot Permit Granted 19 t Date of�ingpection 19 Date Cor plete y+' 19 , k 4 c. +� Al 1-4 ti " 1 Assessor's office(1st Floor): Assessor's map and lot number 0 - slut>o r�ij ► ?�'�� �1 Conservation > I't-/'=� '^-� "" -"G---. �`�-'S�� ��' �,r9 ems► Board of Health(3rd floor): �y `� lF•`� Sewage Permit number �a ' �O y suMAiSILUISTA t rua Engineering Department(3rd floor): �/ ` °o ►bhp. `od° House number Definitive Plan Approved by Planning Board ` 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2-00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR .. tl � / APPLICATION FOR PERMIT TO �d ► \ / V S a ) � ul,2 ( � �'N G TYPE OF CONSTRUCTION ~� � cj (,¢ r,(�yi� („/ l')'t.rz v • 19 y' Z TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: y-j?4,P A-A � Location � Proposed Use J& I`t (YYl1L n I Zoning District /2 F Fire District fa Z6 Name of Owner MA r � k,4 In � 6�t � � Q yt Address co� � CQ t(C �� � � � V►�0. Name of Builder A.-(I (A! ��^� Address ( Name of Architect Address Number of R�s 3 IV I. S bA . L� Foundation C(At Exterior l 0 �� — Roofing U 011) Floors C ft ��s:�' Interior2VGl�i Heating Cl r� S v Plumbing -44 7-11 [ 00 Fireplace r1 _ � h� Approximate Cost __ o. Area Diagram of Lot and Building with Dimensions Fee 6 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and•Regulations of the Town of Barnstable regarding the above construction. Name n Construction Supervisor's License 's ' No Permit For�- '' Location s Owner Type of Construction Plot Lot Permit Granted 19 Date of Inspection 19 Date Completed 19 OWALLEY & PIZZUTI, P.A. ATTORNEYS AT LAW 336 SOUTH STREET HYANNIS, MASSACHUSETTS 02601 MARTIN J.OXALLEY,JR.,P.C. TELEPHONE(508)775.7100 STEVEN J.PIZZUTI FACSIMILE(508)790-0072 MICHAEL J.MURPHY August 4, 1992 Town of Barnstable Town Hall Main Street Hyannis, MA 02601 ATTN: Joseph Daluz, Building •Y Inspector Dear Mr. Daluz : Please be advised that I have reviewed the title to Lot 27, Cherry Tree Road, Cotuit (B.C.R.D. Plan Book 159 Page 91) . Title to Lot 27 was separated' from abutting parcels by deed recorded July 2, 1973 in Barnstable County Registry of Deeds in Book 1889 Page 241 . Should you be in need of further information, please do not hesitate to contact me. ery truly y r , even u ' SJP/dd r oau !�11 Jam) .I>s vv 5p ,e 4 1 `v . 166 �� as q.g :Isn /; ,,V t cx t /P°O Its �.,.23 EN' e 1:1 es S\, LOU I �. .les y h t 27 ouu 1;1 {P owu \ 2� rae 9 v ,t 4n 745 vsiY e •h 14 ; \! , t `..�\ ,'V ,�, �o.vu\ \� / :i i osou V / nn �8„ o F?Q An I rm t , on¢ \ 30 / ovu / \\\ 47 ...i ---j 22 ' 36 li ' �� rlos 'r ._--.,.--.__'_'�--•_-- .u+ y \\ n„ ass � ',` � \. �0 `� \ "�=`;:::,� ?•' r I, cmx _ f I onu , !L..-=�� / .\\ %/ o \ ;2 % (� 73pool i. ovu 'a_,':Q� ..j 152 ISO p ,� •»e u i 35 0: u \ \ ouu\ ' \ 70 71 ( oa .. 34 f ru 4: 11 _ t�l� _ \ j/ / os,u \`r 031 / 53 66u .ne ',,` nu pesw •,i �i `'ovu .r 1p80 •w ; !r� ,'.'` EET _ f/ Ir _-_\ /� 32 / `�� rlu/ ,•t •lu /% •n.0419( ..............- `7zp 1, / ',7s, - i 54 65 , , oeu rl -'I ! 1 1 ` / \ 34 d �l --- - .--..—.-_� , oau <,' o sru : 62 ,'•, 63 l !\may-,J\ / W • _._.�... -- --.. .._." !' 33, d, •lu .` 55 r:u Lnu . v Fir— , rin - _ ,, 1, ��rwLL owx ~i• a114( ., {: / ' e : , , i, I,. 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Law 1 •n •� 2 u 1 aleu o m0 Iola ?` __'•-.._-_T __•_._.._ % :, — _ - O\\ i N ., 1 ) 1 n l of d 22 I 21 ' am 104 t 64 --- IOeu - - �'a+ \ .: nsC t24 i -•--_�..- --_ \. orb s._* 13 oleu o.leu 17 r /, ..nmm t �,`/' •.° - ` _-- --�- 1- -__. 65 •m ;.: G /.. I j,.e? uo t4 15 l0 6u , 1 onu .1 f1j �. 57 ,i •m �'r�\OF-.� . \ - - _ - - -- _ _ I ne ! n. j f7 IB 1 enu rn ! o \''. o.w¢ \....._,\ ( -PINE- _ �,_ _ _-' i 0429 1) [PAR] [R019 104 ] LOC10000 OSTERVILLE W/BARN. CTY103 TDS] 300 CO KEY] 69749 ----MAILING ADDRESS------- PCA] 1301 PCS] 00 YR] 00 PARENT] 0 NEVES, SHERYL TRS MAP] AREA] 83AC JV] MTG] 0000 DCN REALTY TRUST SP1] SP21 SP31 PO BOX 519 UT11 UT21 14 . 94 SQ FT] W HYANNISPORT MA 02672 AYB] EYB] OBS] CONST] 0519 LAND 161400 IMP OTHER ----LEGAL DESCRIPTION---- TRUE MKT 161400 REA CLASSIFIED #LAND 1 161, 400 ASD LND 161400 ASD IMP ASD OTH #PL OFF OST-W BARNSTABLE RD DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #RR 1188 TAX EXEMPT *127 040 .W00 ( . 09) .NOT TRAN RESIDENT' L 161400 161400 161400 *WITH THIS PARCEL OPEN SPACE *ADDR CHANGE PER P 0 COMMERCIAL INDUSTRIAL EXEMPTIONS SALE108/89 PRICE] 1 ORB16846/188 AFD] V A LAST ACTIVITY] 04/12/93 PCR] Y i R019 104 . A P P R A I S A L D A T A KEY 6932 OBRIEN, MARILYN J LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 45, 000 A-COST 45, 000 B-MKT 20, 300 BY 00/ BY /00 C-INCOME PCA=1311 PCS=00 SIZE= JUST-VAL 45, 000 LEV=200 CONST-C 0 ----COMPARISON TO CONTROL AREA 03AB ----------------------------- NEIGHBORHOOD 03AB COTUIT PARCEL CONTROL AREA TREND STANDARD 131 10 LAND-TYPE 450001 LAND-MEAN +0% 450001 97665 IMPROVED-MEAN +0% 250-. ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 100%] LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP] ADJS/SB/FEAT STR] STRUCTURE ARR] AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] R019 104 . P E R M I T [PMT] ACTION [R] CARD [000] KEY 6932 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR °sCMP NEW/DEMO COMMENT R019 157 . A P P R A I S A L D A T A KEY 7469 BACAS, FLORENCE & LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 33 , 800 130, 600 1 A-COST 164 , 400 B-MKT 20, 500 BY 00/ BY ML 1/89 C-INCOME PCA=1011 PCS=00 SIZE= 2368 JUST-VAL 164, 400 LEV=200 CONST-C 0 ----COMPARISON TO CONTROL AREA 03AB -- TREND EXCEEDS STANDARD NEIGHBORHOOD 03AB COTUIT PARCEL CONTROL AREA TREND STANDARD 101 10 LAND-TYPE 338001 LAND-MEAN +0% 1644001 97665 IMPROVED-MEAN +34% 250-. ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 100%1 LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP]ADJS/SB/FEAT STR] STRUCTURE ARR] AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] I � R019 157 . P E R M I T [PMT] ACTION [R] CARD [000] KEY 7469 000000001 I PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT [B32254] [09] [88] [ND] 1000001 [LK] [01] [89] [100] [NEW ] [CO 1 STORY] [ ] [ ] [ ] [ ] ] [ ] [ ] [ ] [ ] [ ] [ ] [?] � ��1 oar P _ rl r� y Co v s T �: - - - - — - - - - -- - - - - -- � - - - - -- - - - - - - - c ,. - - - - 2-10-1998 2: 12AM PROM ATTY EDWARD KIRK.5084284111 P. 1 EDWARD W. KIRK O ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET P. O. 90X 393 OSTERVILL£,MASSACHUSETTS O=aS5•0393 FACSIMILE (S08)428.4800 • 150W 428.4 t t t FAX MEMO m0• .4&4 .220 DATE': Of FROM: DWARD W2, ,KIRK ESn. RE: Ile NO. OF PAGES): . INCL. COVER COMMENTS: 1 a 2-10-1998 2: 12AM FROM ATTY EDWARD KIRK S084284111 P. 2 A L" BARNSTABL.E, ss. SUPERIOR COURT No. 96-151 JOHN J. CROUTHAMEL et al vs. TOWN OF BARNSX'ABLE ZONING BOARD OF APPEALS et al MEMORANDUM AND ORDER ON DEFENDANTS MOTION FOR RECONSIDERATION This case is before the Court on the defendant's motion for reconsideration of this Court's denial of the defendant's motion for summary judgment, and granting of summary judgment for the plaintiffs. For the reasons set forth below, the defendant's motion for reconsideration is denied. DISCUSSION The defendant argues that this Court's was incorrect in its finding that. There is nothing in [the 'To-%."i of Barnstable by-law] 4-4.2 or in the Massachusetts case law interpreting the similarly worded forth paragraph of G.L. e. 40A, § 6, which suggests that an otivner of two adjoining, nonconforming lots can vest available zoning protections in one lot by performing the statutory conditions precedent on the adjoining lot. tThe defendan continues by stating correctly that an owner of Cwo adjoining,. nLonconforzning dots can Yest available zoning protections in one lot by the sale or~ tzer ok the adjoining lot. 2-10-1998 2: 134M FROM ATTY EDWARD KIRK; S S4284111 P. 3 �r In its memorandum in support of its motion for summary judgment, the defendant attempted to equate the sale or transfer of an adjoining lot with the building of a residence upon an adjoining lot. The'defendant claimed: [t]he by-la%v's use of the disjunctive "or" equates the result which flows from one event ,vith the result which flows from another designated event. Def. Motion for Summ. 1udg., p.11. This interpretation ignores the obvious difference between the two designated events set forth in the Tovm of Barnstable by-law 4-4.2. qfAhe landowner convey"n adjoining lot; he loses the ability to comply-by`rnerging the adjoining lots to meet the new-area requirements. Therefore,,the-zoning protections would vest. But if a landowner builds a residence upon an adjoining lot, but does not convey or build upon the vacant adjoining IOL, the landowner still possesses the ability to comply with new area requirements by merging the adjoining lots, and is required to do so. The above analysis is supported by the long standing principle that if a land owner has adjoining land which would allow him to avoid or reduce a nonconformity, he is required to do so by law. Planning Board of Norwell v. Serena, 27 Mass, App. Ct. 689, 690 (1989) (a landowner will not be permitted to create a nondi;mensional nonconformity if he could have used his adjoining land to avoid or diminish the nonconformity). In the case at hand, at the conclusion of the five-year grandfather clause provided by § 4-4.2, the land owner possessed the ability to comply with the increased acreage requirements and, therefore, zoning protections did not vest in Lot 4. 2 I 2-10-1998 2: 13AM FROM ATTY EDWARD KIRK S084284111 P. 4 v ORDER Based upon the above stated findings, it is hereby ORDERED that the defendant's motion for reconsideration be and hereby is DENIED without a heaxing. ..ramZZL Gerald F. O'Neill,, Jr. Justice of the Superior Court-7 DATED: November 26, 1996 t Aft 3 rk T/l r C11111111 0 11 11,C111111 Uj a lussuc h uscris• njllydurrrral.-3cciderrts • :i '�� r��' '.!� 011iceell�yestl�allons 608 [Va-vIthi;tuft Srrcri 4: +" B(vvu..91ux:v. 03111 Wurkcrs' Compensation Insurance A1Tid-wit Aniicnnt ininrnintinn Plc'tse PR1�1T'zlily r nhnnr I am a homeowner perfm—min_:JI work myseif. 1:7'*'i am a soil oroprlcmr and have no one work-in_ in any capacity I -,nl .:n ,ninioye.,providing workers, compensation for m,% empiovees working on this job. r n n,n r n n r<n t /"Aa ej:< iC, nddrr,e• 22 6.,-c- I'1't�• &'A(oG15 "tt—`— tC- 1, nhnnr d-. in,rrr nrr n nnlin•�i �� gonr1 0e>c:;, A. G.T. z °oie crocrie:cr. general contr:Ictor, r homeowner circic ottct and have (lire the conr-,zc:drs iistcd Ire:,'.%' t.- 'oilowing- workers ce—,:-ens=aon poiicc_: _ c ct ��'/l�[���4'� „��P' ��L�� nhnnr:!• ��� �7 a't � �5 a:i�/ &LIK— ir—r—nrl- mhnne d• nnlicl.tit in��:r--rc rn. _ auditionai sheet if neccssan F:::rurc u,sccurc covcrnre:.s reeutrcu unuer tectton:5.1 0(MGL ISZ can Icad to the imposition o[crtmmai penaities o[a line up to SI-COU.UU anus: ur.c c n' impn.nnment s.% .%cil as at'ri peraitics in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. 1 undersund th_t ce-1 of chi.,t:net:nnt mnt be funs nrdcu to the 0ftice of 1m'e3tie"tion3 of the 131A for coverage veriicatton. 1 co i,rrCw ccr-:i ,urrirr:/rr,^,rrrrrs,�rtri frrrai:iu nfpcijury:hai the injormorion provided above is true and wrreci. Datt: /a'// /9 Phone T 1 .atTictai use univ do not write to this arez to be eompieted by city or town olTciai P any ar:own: ermiulicense> r-Uuiidin_Dcrartmcnt C.uccnsinc Board �efeetmen's Orr— r" - :neck if imrocuiatc respunsc:s rcuuircu [death Denartmc-t r phone d• ^Uttter _....... ncr"rn• Inform:ifion and Instrucrioas ,1cEs.,c::uscits Gener::l Laws chance: 152 section 25 requires all employers to provide workers' ct,rnpe::r As quoted from the "ia��". an cmple Jvice is deiined as every person in the sen ice of :utc�the:wunc_: cc:.:m;.: of hire. czpress or iinpiied. oral or writtcn. ,fin vine over is dc5mcd as an individual. partnership. association. corporation or other Ie_cal entity. or any :%vo the :urc_oin__ en__a_t_•d in a joint cnterprisc. and inc'udinL the !e_ i representatives ofa deccasezl employe:% or rcz:ci\,er or tntstee of an individual . partnership. association or other !e:ai entity. employing encplovees. rn"'.:cr ofa dwelling_ liouse !laying not more than three apartments and who resiaes therein. or the occL'p-:M c d%,.ci!inc !rouse of another �%qlo employs pCsoJ15 to do maintenance ;construction or repair wort: on sue:: awcii:::_ or ,n the _rounds or building acpurtenant thereto shall not because of such employment be deemed to be :a _h::ntc: '52 section =5 also states that every state or foe:.1 licensing agency shaII «•ithhuld the issu:r.cc c •••_W.d ofa license or Hermit to operate a business or to construct buildings in the commou«calllt for :r.y .c::nt who Itas not produced acceptable eridence of compliance with the insurance covicrabe require::. -L:..:onaijv. neither the commonwealth nor any of its political subdivisions shall enter into anycontmc: fo::ae of public %vork until acceptable evidence of compliance with the insurance :-enuirements of ails hest: ::rc!:z::tca to the coiitractine authorin% Ai;;Nic::nts in :hc .vorkcrs cempe:aation af{davit completely, by checking the box that applies to your cec: _omcan� names. adcre_s and phone numbers as all affidavits tnav be submitted to the Departmcr: •- __.^izi Accidents for zon:irm'-:ion of insurance co verr_e. Also be sure to sign and date fire a�darit. iiiie .:•,fit _iiouid she -e:ur::ed :ottile cin• or town that, he application for the permit or license is being reque=:ec- r :._ Seca,;;;,e••I.Jf !11dl:Stri"• .�ccide^ts. SItouid you have rrty questions re_zrdinc the "law" or if you �cri;crs' cotnce::satic:: policy. please =ail the DeYar,::,e^t at the number listed beio«. C:n ,r 7o-,vns affida%.it is zotnnie:e and printed !e`ibly. 'lie Department has provided a space at ate bo::c- or you to fill out n :he _ye^t the Oftice of Investigations has to contact you re_ardin^ die apetic=^=• : Le . _ ;o :1il in t11e pe.^•nivlic_nse :cumber which will be used as a reverence ;lumber. The affidavits maybe by mail or FAX uniess other arrange:ne.^.ts have been made. i:= ce oi"ins eStlr'ations ia like :o thank you in advance for yclu cooperation and should you have zo not Hesitate ro give us i:_ car;;;,e.^.t's address. rein^acne and fax num"e'n The Commonwealth Of Massachusetts Dcpartmcnt of Industrial Accidents Offleg of Investlgatinns p 600 Washington Street Boston. .Ma. 02111 fax 1: ;GIB —7-71!49 7Y1 iV,Cll� �' " " , I OF�E The Town of Barnstable • iaxxsTABM - '� 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 April 3, 1998 Ms.Marilyn O'Brien 64 Oak Street Cotuit,MA 02635 Dear Ms. O'Brien: I attempted to call you at the phone 428-5851,which is listed on your Building Permit application, only to find it has been disconnected. The reason for this letter is in regards to the house which is being constructed on 26 Cherry Tree Road,Cotuit. The plans which were submitted,do not indicate that the house which is on the lot was going to be of pre-fab construction. There are only a limited number of manufacturers which may install one of those units in the State of Massachusetts. Please contact this office and supply us.with the necessary documentation for this house and amend your permit to show the changes. Sincerely, Tom Perry Building Inspector TP:lb g980403a - r k c, TOWN OF BARNSTABLE 11, BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. DATE 6 V r � JOB LOCATION �Pe r�r yCc)-4G -� Number Street Address Section Of Town 11 HOMEOWNER11 �. G� �� ! '� /� � ��-S-�S� �/7 Same 'Home Phone Work Phone PRESENT MAILING ADDRESS b V, 9,11 A 0` 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 individual for hire who does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER: Persons) who owns a parcel of land on which he/she resides or intends to reside, on which there is,. or is intended to be, a one to six family, dwelling, attached or detached structures acces;sory 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 t'.he 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 responsibil5ity for compliance with the State Building Code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of Barri,'stable Building Department minimum inspection procedures and requirements HOMEOWNER'S SIGNATURE 77 APPROVAL OF BUILDING OFFICIAL G; N` Note;: Three family dwellings 35,000 cubic feet; or larger, will be required to comply with State Building Code Section 127 .0, Construction Control. xiscs i r HOME OWNER'S EXEMPTION i. - The code states that: "Any 'Home Owner performing work for whipermit is required shall be exempt from the provisions of thiscsectionl+ding (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 Owner 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 for Licensing Construction Supervisors, Section 2 . 15) .RuThislesand lackeoflations awareness' often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed against the unlicensed person as it would with licensed supervisor. The Home Owner acting as- supervisor is' ultimately responsible. To;ensure that the Home Owner is fully aware of his/her responsibilities, many 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 our i community. f y � I i y I 1� II 7 ' 1 - S r r 5 y Ij �yy, .X.,. ACHI 0it 1) ......... .........T......1...F.R..!..!.I.I..*C...i.1.1............................................................................................:.................................:...:..:..:..:...x....... ................... ..................................................... is .............................................. ..................-........................................................................................ .... . ISSUE W...E.D.A..T E..... M/DD` (MNY) "A . .............. ......................... 12/ 2/1997 X ... ..................................... X X ......................... ...................................................................................... 'OROD6�ER ...... .......... ... ...................THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Rogers & Gray - Hyannis DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 640 Iyanough Road/Route 132 POLICIES BELOW. ...................................................................................................................................................................... Hyannis, MA 02601-1999 COMPANIES AFFORDING COVERAGE (508)775-0011 Fax(508)790-4212 ....................................................................................................................................................................... LErrm' A U.S. Fidelity & Guaranty .............. ........................................ ....................................................................................................................... COMPANY B INSURED LETTER James H. Nickerson COMPANY LE rrm C 22 Bog Lane ....................................................................................................................................................................... Harwich, MA 02645 COMPANY LETTER D ....................................................................................................................................................................... COMPANY E LETTER ................................. .......... ...... ... .. .. .... ...... ...................*""'-'.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.....:::::::...-.-.-.-.-.-.--............%...................... ............ .X X ......................... ............ .............................. ..... ........ X, ........... ......... . .. . .......... . . .. ......................... .. .... ... ...... X, .............................................. . ............... ........................... .. -Xxxxxxxxx::-x-, ............................................... ...... . ......... ......................... ....... ................................ . .... ....... ...... - xxx .............. .............................................. ....... .........—*..................:,:'I,".............. ....... .............................................. .:::::::...... ......... ....................................... .. . ...... IX 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 EUIRATION TYPE OF INSURANCE POLICY NUMBER Lam LTR DATE (MM/DDNY) DATE(MMIDDNY) ........................................................................................................................................................................................................................................................................................... A:GENERAL LIABILITY GENERAL AGGREGATE ... .........................�.r.9901.06ij ....... ............................... COMMERCIAL GENERAL LIABILITY : BFSOODOODS1481 PRODUCTS-COMPIOP AGG. 1,000,000 ........... ........................................................................................ ......... 0 500 CLAIMS MADE :: X ::OCCUR. :10/28/97 10 2 8 9 8:..PERs PERSONAL&ADv.INJURY ....$ f..000 .......... .......................................... ......................... ........... ............................... OWNERS&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,000 ......................................................................................... FIRE DAMAGE(Any one fire) s .......... ....................................................... ..................................................................50.c.000 MED.EXPENSE(Anyone penion)::$ 5,000 ........................................ ............................................................................................................................................................................................................... ..............*,,*,,*................... AUTOMOBILE LIABILITY COMBINED SINGLE .......... LIMIT ANY AUTO .......... ............................................ ALL OWNED AUTOS BODILY INJURY .......... SCHEDULED AUTOS (Per person) .......... ...................................... HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accideno GARAGE LIABILITY ......... :PROPERTY DAMAGE .................................................................................................................................................................... ........................................................... :EXCESS LIABILITY :EACH OCCURRENCE UMBRELLA FORM AGGREGATE :$ ............... .............................. ...... .............................. ...................................... OTHER THAN UMBRELLA FORM ................................ ............................. ........*........ ....................................... ...................................................................................................................................................................... . ...................................... ........STATUTORY LIMITS WORKER'S COMPENSATION ......... ....................................................................................... EACH ACCIDENT AND .......................................................................................DISEASE-POLICY LIMIT EMPLOYERS?LIABILITY .............................*............ ........................................DISEASE-EACH EMPLOYEE ........................................... ...... ......................................... ........................................................................................................................................................... ............................................ OTHER ........................................................................................................................................................................................................................................................................................................ DESCRIPTION OF OPERATIONSWCATIONSMEHICLE&WECIAL ITEMS .. ......... ......................................................''I .................................................. . ......... ........ . ....... .. . .......... ...... ... . ......... -'..xxx .......... .......... ...... ...... ................................................ ........ . ....... ......... ::x ........ X:....... ................... ...................................... ......... ........... x x....... .......... ...... . ..... ........ ................................... ..................... . .......... ... . ... ......... ......... 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 NAMED TO THE Town of Barnstable LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR attn: Building Inspector LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 230 South Street AUTHORCMD REPRESENTATIVE Hyannis MA 02601 ROGERS& 103RAY INSUR !EAGENCY, INC. . ........................................... ... ....... ........ ... ............................. ...................... X ..................................................... ............. ZU&IM ......... ................................ .................................. ............. . ......... ........ v665a `7 i Joe 2 c�1✓2M�' �h- Rn- C[�'rl 1 -T �' faS THE DEMPSEY GROUP, INC. SHEET NO. t 1 OF v 8 Beaumonts Pond Drive FOXBORO, MA 02035 CALCULATED 9Y -rL To DATE , ' %of (508) 543-5499 ii Fax (508) 543-0289 CHECKED BY DATE j SCALE : { : :. 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SHEET NO. 2 OF Z 8 Beaumonts Pond Drive FOXBORO, MA 02035 CALCULATED BY Z J 'D DATE 6 5 ' p (508) 543-5499 Fax'(508) 543-0289 CHECKED BY DATE 3. SCALE Y ............................_.........:........ .... _......... ..... ..... ...... ...... ..... ..... ...... ..... .... ...... ..... ...... ..... ..... ...... ...... ..... ........................... ..... ..... ......... ..........o--. ..._.. ...... :i _: r 1C vP i - - 4 ..... ..... ..... ..... ..... ............................................... ..............................2.................................°........ .... :(( N L ; ............�....... .....'.... :...............\w.....^............. .................._.'.._......a. ..........................:....._...... .. :.............:.. 9..,... . ..... ..... ..... :..........................................:............................:.............<............:........................................................ ..... ...... �{ . ......... ....:.... ....:.... ........ ........ ........ ....:.... s S �.. . ...... _........... 4................ _ ..0:5....... �.._ s s..._ F o............:....._.................. ...... ..... ...... ...... ..... ...................................I.............. ..... ...... ...... ...._............................................... ..... ..... .... ..... ...... ...... ...... ..... 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P80000T 204-1(Saple Wm)205-1(Pam) . f [ ] [R019 157 . ] LOC] 0008 CHERRY TREE ROAD CTY] 01 TDS] 200 CT KEY] 7469 ----MAILING ADDRESS------- PCA] 1011 PCS] 00 YR] 00 PARENT] 0 BACAS, FLORENCE & MAP] AREA] 0 3 AB JV] MTG] 0 0 0 0 SNOW, JOHN T SP1] SP21 SP31 70 OAKWOOD ST UT11 UT21 . 50 SQ FT] 2368 COTUIT MA 02635 AYB] 1988 EYB] 1988 OBS] CONST] 0000 LAND 33800 IMP 130600 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 164400 REA CLASSIFIED #LAND 1 33, 800 ASD LND 33800 ASD IMP 130600 ASD OTH #BLDG (S) -CARD-1 1 130, 600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 125 SHELL LANE COTUIT TAX EXEMPT #DL LOT 26 RESIDENT'L 164400 164400 164400 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE112/88 PRICE] 240000 ORB16560/310 AFD] I TC LAST ACTIVITY] 08/18/92 PCR] Y .. ._ J _ . _..,_...w PROPERTY ADDRESS I I ZONING I DISTRICT CODE SP DiST;�. iSATE PRINTED I C�S8 I PCS NBMD dry' - '' - 0026. OAKYOO D STREET: 01 RF 200 01CT : 07/09/95 .131100. 03A8 R019:104_ LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS ~6 Lana By/Date Size oimens�on Y UNIT 'ADJ'D.UNIT ACRES/UNITS VALUE DeecNplion OBRIEN. RARILYNJ '• i NAP- CD. FF.De WA.as LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE qL"AND '1 t 45�000 CARDS IN ACCOUNT — :L 13.1VAC SIT:.1E. X =1 OC 153 59999 99 91799.99• .49. 45000. IOLFLOT.:27r 01 oF:'.01 ` A NPL-26'CHERRY: TREE.RD DST' 45 .N #RR' 1129<0166. ARKETr` •20300 D INCOME A SE D PPRAISE D VALUE 'D J 65.000 'T U AND '45000 A S T LD6S ' M -IMPS • OTAL' .45000 ,I F E CNST E N DEED REFERENCITyp, DATE Regorasa RIOR' PEAR'--VALUE A T Book P. 1nsl. MO. Yr.D saw Pi.. AND 4.5000 T S 7336/227: V10/90 1 ` LOGS u 7336/226: 'W10/90 A 1 ` OTAL 45000 R 6269/2771 V.05/88 70000 E BUILDING PERMIT S NUmbar Dale Typo A—,LAND LAND-ADJ . INC ME SE SP-BLDS FEATURES BLD-ADDS UNITS 45000 Class Gpnsl. TOIaI Rase Rate Adj.Rate Year Buill A90 NOr m. Obsv. CND La as R G ROOT C t New AOI Repl Velun Slone9 Haig. Rooms Rma 11: PYI -Fi Units Units Actual EII. Depr. COnO. Desq plion Rale Square Feel Reol.Cosl MKT.INDEX: IMP.8Y/DATE: / SCALE: ELEMENTS ICODE CONSTRUCTION DETAIL S T ------------ --- ----------------------� R ------ --------- --- ----------------------1 - ---------------------- C -- - - ---------- ------- T - - --- -- ------------------- - --- --------- R ------- - - �--- ---------------- ----- L p A -------------- -------' --------------� I E T0181 Areas Aux T F j- - ---- --- -- --- ---------- BUILDING DIMENSIONS ------�-------- --' ---------------------- A ------ - - - --- -----------------� HE3�iH86RH000 0A8 COTUIT 1 LI I LAND TOTAL MARKET PARCEL 45000 45000 AREA 4439 VARIANCE +0 +0 STANDARD 25 i R019 104 . A P P R A I S A L D A T A KEY 6932 OBRIEN, MARILYN J LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 45, 000 A-COST 45, 000 B-MKT 20, 300 BY 00/ BY /00 C-INCOME { PCA=1311 PCS=00 SIZE= JUST-VAL 45, 000 LEV=200 CONST-C 0 ----COMPARISON TO CONTROL AREA 03AB ----------------------------- NEIGHBORHOOD 03AB COTUIT PARCEL CONTROL AREA TREND STANDARD 131 10 LAND-TYPE 450001 LAND-MEAN +0% 450001 97665 IMPROVED-MEAN +0% 25. ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 100%1 LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP] ADJS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [PMR] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] .:F l� `R019 104 . P E R M I T [PMT] ACTION [R] CARD [000] KEY 6932 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR oCMP NEW/DEMO COMMENT i [ ] [R019 104 . ] LOC] 0 0 2 6 OAKWOOD STREET CTY] 01 TDS] 200 CT KEY] 6932 ----MAILING ADDRESS------- PCA11311 PCS100 YR100 PARENT] 0 OBRIEN, MARILYN J MAP] AREA] 03AB JV] MTG] 0000 64 OAK ST SP1] SP21 SP31 UT11 UT21 .49 SQ FT] COTUIT MA 02635 AYB] EYB] OBS] CONST] 0000 LAND 45000 IMP OTHER ----LEGAL DESCRIPTION---- TRUE MKT 45000 REA CLASSIFIED #LAND 1 45, 000 ASD LND 45000 ASD IMP ASD OTH #DL LOT 27 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 26 CHERRY TREE RD TAX EXEMPT #RR 1129 0166 RESIDENT'L 45000 45000 45000 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 10/90 PRICE] 1 ORB] 7336/227 AFD] V LAST ACTIVITY] 01/31/95 PCR] Y IOPERTY ADDRESS I I ZONING (DISTRICT CODE SP DISTS.I DATE PRINTED STATE PCS NBHD FJC.A7LQNJ:LLIM15 CLASS( 1 KEY NJ. 0008 CHERRY. TREE ROAD 01 RF 200 O1CT 07/09/95 1011 00 03A9 R019 157. _ 7469 _ LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Ty UNIT ADJ'D.UNIT a�a BvrDare sze Dmenso" ,LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE D._ ,_ B AC A S o F L 0 R E N C E $ NAP— E cD FF.DepinlAc,¢s_ a L A N D 1 : 33,800 — CARDS IN ACCOUNT -- 10 1BLDG.SIT 1 X .50 =10C P= 75 150 59999.9S 67499.99 .501 3�300 43LOG(S)-LARD-1 . 1 130.600 I 01 OF 01 #PL 125 SHELL LANE COTUIT :COST 16440-0 BATHS 2.0 U X C= 100I 7000.0 7000.00 1.00 7000 d MOL LOT 26 � ARKET 20500 FIREPLACE U x C= I100 1 3100.0 3100.00 1 .00 3100 B (INCOME AlUNF INISH S X I C= 100 22.55 22.55i 432 97UG-d I USE (APPRAISED VALUE I I IA 164P400 1 I PARCEL SUMMARY S I I I Ti 'LAND 33800 LDGS 130600 M p i I I ( IMPS E I I I 170TAL 1644G0, CNSY N II I i DEED REFERENCE Tye DATE :. 0O — RIOR YEAR VALUE T I 1 BOOR Page Incl. MO. Vr.DI $ilea Pr u AND 173800 S 1 6560/310, C1g2188 240000 BLDGS 130600 5907/180: V08/87 N 180000 TOTAL '.6440C 15892/310: Vb8/87 A 1 BUILDING PERMIT 1/89 G 1 5 U N F I N. pe LAND LAND—ADJ INCOME SE I SP—BLDS FEATURES SLD—ADJS UNITS Number Dale Ty Amount .33300 400 932254 9/83 ND 100000 Class Const. Tplal Base Ral¢ Ap, Rate r B Tl Age Norm. Obsv. CNU Loc �a R G Repl Cosl New Ap Repl Value $tone_ Hei�t Rooma Rma Batns •fia. Pvt II F.0 Units L'mis A u 1 I Depr Cp dp I g ,. 01C+ 000 100 100 60.10 60.10 88 88 6 95 100 95 137477 130600 1 .0 5. 2 2.0 7.0 Description Rale Sep a Feel Repl.Cp 1 MITT.INDE%: 1.GG IMP.BY/DATE. ML 1/89 SCALE: 1/00.40 ELEMENTS CODE CONSTRUCTION DETAIL BAS 1UO 60.10 1792 107699 G15 72 43.27 576 24924 *--18--* STYLE 03 ANCH 0.0 FWD 85 8.50 524 ' 4454 14 *-----34----- 5 ESYGN-A-DJMT- -00-------------------- ! FWD 8 E XTE-R:WA'LCS-- -TO C LF8073lfINGtr---U.O *--*-------58---------- AEAT/AC-TYPE- -09 I1=HOT WATEIF---U.O ! ! NTER-FMSi 04 RYljALI:-----------CFA NTE-R:LAYO0T- -TZ VrR:7YORA At:----U.O 32 BASE 28 NTtR:DUACTV- -02 AYE AS ERTEFf U.O ! LODR-ST-WU _ -02 D JOISrt/BEAIN---U.0 W ! ! E LO R-COVER-- T4 7t EIARWDICPR7 U:0 0 _0 E Total Areas Au, _ 524 1792 *--16-X ODF E--TYP- -- - UT AUCE=ASPH SH U.O Baae. - BUILDING DIMENSIONS *—*---18--42-------* EE TRItAL--- ZM vERAr,-r----------U.O T BAS W16 SO4 W42 G15 W06 S24 E24 ! ! 0UY6ATIVN- - -QT .'OURED--CONt - - 9V.9 A N'24.W18 .. BAS N32 E58 FWD N08 ! -------------- - --- ---------------------- W34_NO6 W18 S14 E52 .. BAS S28 24 24 `--IdEIWOORH OD UTA8-I`OTOIT L ! ! LAND TOTAL MARKET ! G15 ! PARCEL' 33800 '164400 *----24---* AREA :4439 VARIANCE +0 • +3603 STANDARD 25 RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET n Cheri-y Tree Rd. & Oakwood St. Cotuit LAND a 157 -- C BLDGS. OWNER TOTAL O ' RECORD OF TRANSFER DATE arc PG I.R.S. REMARKS: LAND p�,� BLDGS. 0 II Z:::�'y--3-�es—�'—&- 7E1i2,•abath._M.�_—_ ..—._.____5_ _�` o$�'.. -rtF02'--89#' 0 TOTAL M cock_ 14. Elaine 8. Lawrence Au.rore L. ,�r elk../; LAND — , 12�27�72 l7`79 1�9 — BLDGS. TOTAL LAND BLDGS. TOTAL -— LAND -_-- 01 BLDGS. TOTAL --- -- —— LAND -------- --- - 0) BLDGS. TOTAL — — - - LAND --- -- — -- BLDGS. TOTAL LAND INTERIOR INSPECTED: BLDGS. TOTAL DATE: LAND ACREAGE COMPUTATIONS (/Jc f�,;r-, ��',;: ... � BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. -VALUE TOTAL HOUSE LOT ;7; SDI — . �.'' `) 'S O „� =mow 7 LAND CLEARED FRONT - -- - -- - BLDGS. REAR - TOTAL WOODS&SPROUT FRONT_ — LAND REAR -- --- --- -- BLDGS. WASTE FRONT - TOTAL REAR _ LAND BLDGS. TOTAL ---- ---._.—_----------- -- - - - --------- LAND ---J�(J- -- - --- --------_- -- � BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL MONT DEPTH - STREET PRICE DEPTH % FRONT FT. PRICE - TOTAL DEPR. COR. IVF VALUE--- HILLY TOWN SEWER LAND - -- ROUGH _ TOWN WATER 0) BLDGS. / ; % 7�,:.�,..': ice•-= �' - - / ---- /' / - -------- ----- — ---- ------ HIGH -- GRAVEL RD. TOTAL - LOW DIRT RD. LAND SWAMPY NO RD. 0) BLDGS. .PROPERTY ADDRESS I I ZONING (DISTRICT CODE SP-OISTS.I DATE PRINTED CSTATE LASS I PCS I NBHO 0008 CHERRY.' TREE ROAD 01 KEY NO. RF 200 01CT 07/09/95 1011 . 00 03A8 R019 157. 7469 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS V UNIT ADJ•D.UNIT ' Lana epoalD Slee Dlmenslon LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Dexrfplion BACAS. FLORENCE 6 MAp- C1 FF-De INAq�gs a LAN D 1 : 33j,800 [PPRAISED ARDS IN ACCOUNT — L 10 18LOG.SIT 1 x .S =10 P= 75 150 59999.9 67499.9 .50 33800 #BLDG(S)-CARD-1 1 130.60001 OF 01 A NPL 125 SHELL LANE COTUIT ' N BATHS 2.0 U x C= 100 7000.0 7000.00 1.00 7000 a MDL LOT 26 ET 20500 D FIREPLACE U X C= 100 3100.0 3100.00 1.00 3100 B ME UNFINISH S X, C= 100 22.55 22.55 432 9700—a A VALUE D164.400 D �A UEL SUMMARY T S 33800A TS 130600M PS L 164400 F E CNST E T DEED REFERENC i^�pe DATE s� o'�. R I OR Y EAR 'V A L U E q BgDk Page Mo. D, A N D 33800 T S 6560/3101C1-12/88 240000 LDGS '130600 U 5907/180: VO8/87 N 180000 OTAL 164400 R 5892/310: V08/87 A 1 E BUILDING PERMIT 1/89 G 1 5 U N F I N. S NumDel Oale Type AmOVnI LAND LAND—ADJ INCOME SE SP—BLDS FEATURES SLD—ADDS UNITS 33300 400 32254 9/83 ND 100000 COnsl. TOt 11 f 0II Norm. OOs. Class I Unll$ l.'nils Base Pate Atll Rate u I Age Dee, Contl CNU Loc M R G Re pl Cost Ne.' Atll RBDI Value SIO/ie-^ Hpwn1 Rooms Rms�Barns Fia. I P—,.!l FK. I �01C+ 000 100 100 60.10 60.10 88 88 6 95 100 95 137477 130600 1.0 5 2 2.0 7.0 DesulDl�on Rale Square Feel Rapt.Cost MKT.INDEX: 1*00 IMP.BY/DATE: ML 1/89 SCALE: 1/00.40 ELEMENTS CODE CONSTR7C TION OE'.'AfL ERAS 1U0 60.10 1792 107699 I ---E- __ � S G15 72 43.27 576 I 24924 *--18--* STYLE 03 ANCH 0.0 T FWD 85 8.50 524 4454 14 *-----34-----* ESrGN-"AbJMT_ -00-------------------U-0 R U ! FWD 8 XTFR:WAIXS"" -1-0 LP8DISWINGtc U. c •--*-------5$----------* EAT/AC-TYPE- -09 It-=fl07--4iATER---U-.QI I I I ! ! NfiEq.fI-Nf SA_ 0G RYVALL 0_0l T I ! ! NTtR_LAY00T- -t2 VER:IVORi4Al._____D__OI R 32 BASE 28 NTeR.OUALTY -02 ANfE AS EX1 ER_ .-O ! ! LOOK SfiRUCT 02 D JOIST/aEAM 7_0I A D I IW ! ! E LOOK"COVER -14 ILE/H�4D/CPWT---'T.-T L E OOF""TYAE -- 1 0T A�3LE=A510M SH---� O. I Tolalaeas nu,= 524 BdSe. 1792 *--16-x, B UIL DING DIM ENSIO NS *—*---18--42-------* Cc�TRIZAL---' UT VERA�,E - -----"..- �.0 T BAS W16 SO4 W42 G15 W06 S7.4 E24 OUN6ATION" i7T UURED-"C-ONC 9i."9� A N24 W16 _. SAS N32 F58 FWD NOR + -------------- - ----- - W34 N06 W18 S14 E52 .. BAS S28 24 24 """"IVEIjHBORN OD�D3A8"Z"OTOIT""-"----I L ! ! LAND TOTAL MARKET ! G15 ! PARCEL 33800 164400 *----24---* AREA 4439 VARIANCE +0 +3603 STANDARD 25 r f ' � L9�== I T i EL Vie �c� .56 , a $yt,ICte, r "� � L SH In�GIES S'I,T,tJ, i I 'Ec y.._...R.E5.I DE 4_��._._..._.. ._:....../..cat 2 G,4�2 IOU sr 2 u 5. SToc�� Pc.�r.� 5 A 2 * So � tp �} B t( A ALL CC) D lv l-� n i S 1 , + CA -\ w A',Jj f v�51(oN5 r I' t i I 1S .. - LAjoil 111 y r ellP,T :t d.. - :�:; .. . ,is 1rf :!_it:ac' .t._ �'ti.+�j•-'a'S.-; •• _ - { ! ''FFF11 f. y - - - �) --Lr . •.yam x "V ?. y'ti. .fit--`•' .. 'f .. - -.. .. •,.. _ 1_IL,-v� l-1 Did ws•2!-r —011 - Ott it If da4uGx� Q L�x��sL Q cNa35 -ALA koxbp 4Lr a _1 0 0 ' ids 7 '' ,► _ or/ u = _ // ` A � Ir 6 o v Q OK dxFs j -nenn/A ! a I� �s $I - Ov K I � �kM V�R� Ua Q o L.� -W Cr 2GY�M :> ►�? COB 'x YB't pO I t 5'ftFf.�5 - ! 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FPMILT T,_P RANCH PLAN 13-22.91 8-23-55 1 1 2d I RANCH ELL - L FPMIL" ll `.. . ! Z_b TYP •'-ApE PLAN 13-22-91 i 3-25-95 i 2e i RANCH TEE - l FAMILY f 1 Zc 1 TYP RAISED RANCH 3-22-91 LT 8-25-�z5 11 1 <f I SPLIT-LEVEL•LEVEL ='1 t F 5' NC' I :d TYP RPH =_ 3-22.9t 3-22-55 •I ca - L L /EL c-c FPn llT 3 22-91 3-23-95 a ?AW-4 2 FoM'LY2 _yPRANCH TE- i :a T.•o cp,_ __;EL Lc 3 22 5l 3 23-5 1 0 57rRT _ ! ryl! `. ! 1 :5 TYP, RPtrCH-_'-;0 i7zm[LT 3-22-9! ":23-95 :k 740 cTCRY - 2 Fimm!Lf 1 - ! fYp. RAISED RANCH-2 FPM[LTI 3-22-3t + 3-23-9S 4 Cl_! !TL:O STORY 15 _R/LCWER L ii YP 'Lf0 STORY 3-22 9t 3-25^5 .' � S--c ;G c 11 TY , :'✓� SIC_ ='LiT =PMLLY i 1 2p. .1»0 STCRY-T•-'0 FP.•1(L'.'; 3-22J 3-23-55 _ '! 1 Zm CCNTE:"... TWO 5TG2T =PMILY 11 i 12-STCRY ':PPER/L^u1+ER-2F=M[L -.14-93 ?-7-95 :n Si;tG. FP r, .{M._Y ^,iT..=CHEC FcM!L" SICE "J^: 'c '? 3 22 9i '_2°95 - c_;?C LE C^dtc '.PNCH :'onl. _..NTc- - 5T'RY -22"S :n c':G. '^OCLT_ J -CRY -_•MtL�!1 C '-22=l 1 2n I FPM[LY ATTACHED `3-22-91 i 8-7-95� 20 I.trREE ,-I000LL RANCH - 1 FAMILY 1!I 20 TYP. SINGE OOUL6 RANCH ! 3 1 33 1 8-7-95 2. ! SPIT 30X - 1 FAMILY I 2. 1 TYP SINGLE nOOUL.E 2 STORTI 3-1-93 ! 8-7-45 i2] SIX BOX 7'r0 STORY - ! FPn[LY 20 13 n001JLE RANCH Pl FN 13-22-95 ! 8-23 55 1 2! ALTERNATE TWO STORY - I FPMET 11 2r I SALT BOX ! 3-22-95 1 3-14-95 I x lOIfY' 5 nOOEL s PPGES �! 2e SIX BOX TWO STORY 3.22-95 18-23-95 ! �'TA., Do SET 2t I ALTERNATE TWO STORY 1 3-22-95 !8-14-95 I — Ne-OF POLES EN T"E SET NOT INCLiDONG COVER SHEET 2E_1 I OPTIONAL,ELEbATIONS r 13-22-Cl 1 7-21-CS ! WK N ORPWDGS LISTED N r1E rapt Air[ 2E_21 CPTICNAL aEVAT1•:NS - ;. i 3 22 ! 1 7-2l-95 , g N wOiOGRiPHICA1Y RED-cm !! � I 1 I i f 3e 1 SCHECULES 6 NOTES 1 3-22-91 1 3-7-95 I NOTES 3b 1 SCHECULES 6 NOTES 1 3-22-91 1 8-7-SS 1 L THE LOCtL 3OD.OL4G CODE E!WORCErY?•R crrTa3z 3C STRUCTURAL SCHEO. S NOTES 3-1-93 1 3-22-95 94LL WPRCVE SITE REWIRED FM_O WILT WrLLS I 1 SEra-e4 C%43.LU4GS.AS PER NTS CODE '^..I1]. PNa 7$8,K*01C; P'r'POWTPROLE"ARTS Pgt"RS 4e I FOUNDATION for 2e,o.;,m 11 3-22-91 3-22-9S ! TRELE :-1.102 AND 1.1f0la. RSSEMBLIES ABOVE CEILINGS AND tnCER FLOORS.KNORPILS FIELD IHSTPLL(7)p0 4b FOUNDATION for 2c 3-22 91 ! 3-22 95 ! PL.L WORK DONE ON STTE, SEE cDERPL NOTE 4c FOUNDATION for 2de 3-22-9 1 3-22-95 .25 OF CRR ENG 3b FOR RITERIOR KNORAILS 7 GROUP O=rFWr afasffTwnaN For MY.S.a1 pO fW i 4d I FOUNDATION for 2P.o 3-22 91 3-22-95 I 3 N.J.Pa,:usE cRoLr R4. 4e FCL'NDATICN for{ Zh,k,k! 1 3-22-91 1 3-7-95 1 4.OISCRETE N THE SAME ONF'"S""'VEND T SAME SPECIFIC»�•:. 4 OR REVERSED ROOM ARRANGFI"T pa/CR f ! FOUNDATION for 2i 3-22-91 1 8-25-95 I PRouTECILWIL STYLE) SKILL 3E 19CPARM FROM _ 4 FOUNDATION for 21 3-22-91 1 3-22-95 1 THESE ".%q"NGS WITH OUT "OOIF"ICATWP4 AWITWN OR CE) TION IM p4T N* "m li rf 4h FOUNDATION for 2n 1 3-22-91 1 3-22-95 I S BATN. TOILET s SH061 R ROWLS MAY EE Fw Lx=T I a FOUNDATION for 20,2o 13 1 93 1 3-22 95 '"EN EACH FIXTURE :S Q01VIOtFLLT VENTElL as nIN. FtxTtR: `:smNcES.LIGHT cso VLNT ARE 4; 1 FOUNDATION for 2a 1 3-22-95 1 3-22-95 ! TO BE =rruM WIM 4k. or FOUNDATION F 2s 13-22-95 -22-9S 3 S KITCHENS MAT SE AMr LAYOUT.Mint LIGHT P&G* - •° VENT SHpy BE COFlPL=W(M 7.CLOSETS MAY BE F NT SIZE pa Pt.ACED pNrWH RE. Se ELECT d HEAT for 2e 3-22-91 3-22-95 M T OLIVIISIONS.ROOD SEMS. LIGHT.VENT r.� S FM EGRESS SKILL BE COPY L=WITH CLOSETS :�. 6 STZEDD AS KWTIVIE SPACE Sb ELECT 6 HEAT for 2b 3-22-91 3-22 95 OR STotiiGE FRD�L COrLT'WITH KlWTP8X SPACE St�A_COM'LT =� Sc CT 6 HEAT for 2c 3-22-9 3 22-95 WITH KIetTAeLE 9'ACE REanREr04TS T 7aL Sd ELECT S NEAT 2d,e.f, 3-22 91 3-22 95 S OPTICHS 94MM(GFW4 E, aCOROOrS P!p FAMILY ROd11 MyBE UN Ar,E B01VrU0p1LE OR IN Sa _ Se ELECT 6 HEAT for 2h 3-22-91 3-22-95 BOX/MOOLLr_ SP ELECT S HEAT For 2i 3-22-91 3-22-95 %& MMIHG OF TYPE S C(iSTRt CTiDN 4i11 NOT •�",` EXCEED A/ELGHT OF TWO STORIES PROVE A 6Mr(NT. 5 ELECT 6 HEAT for 2,k 3-22-91 3-22 95 cE7 Li'ROR � HERE "O �+T a r`"a: �"•' - .. - v CE1.Li'R EXISTS.SUON eA5EMEM OR CELLAR P%M ee 5 CT & HEAT For Zk -24-93 1 3-22-95 M SOWT CO5TRUCTTON AS PER NT_% 3=4 p0 7® 3-22-95 IO.FOR DOOR P&G W04MW SCH Di-ES, STEL OMWM 3► FOR SECOra FLOOR STF4R OETATLS. SEE t1%1NOW 4 :;..:i-• R Si c 3-22-95 7b. 7r, ,A 7L 7% - - FOR FIRE RATED ASSEP-A LIES. SEE CRR/Ral9 I r o _ _ 3-22-95 + • Sk ELECT 6 HEAT For 20 3 1-93 3-22-95 ACCEPTED r TTS DESIGN SPECr.FICATIOvS 55too 1 MUNCY HOMES, INC. P!_ANT LOCATIONS+7YiF' r. WL4dOISt7T$ t r-,. 3_ c 1lAMiAO[II$J91I;1fiSP�10�IiLh•��• r ! T�l�c ( 15l ! ELECT S HEAT for [p 3-t-93 I c2-_5 1 SHE : i Sm ! E��CT S 'r.EP.T `or 2 13 22 95 13 Z2 95 i STATE BOARD OF MUM RFGWnONS j •:,_�";.�^ "taMGT HORGi ve- ! oco_! 'DESCRIPTION I '?ATE CATT cl - CA e01ltii. [T u2 pIQT. MAICT ni 17756 NUMB ' "RCt,iV IRFVr`eipV I 1 c e M , I o_ _c ! 3-22-55 -i� AHDS7ANOIR05 u:- �T"a'� "was. -jea.EXP• 4-30-9s c• ? c ? :77C 17p 1 CROSS SECT ON for 20 1 3-1-93 1 3-22-95 I c I cr— < r^ c Ps• .�,ptp. .30-98 eLaNT =1 MUNCY HOMES OIVL:vN, ?.0. OX 32_. RT. 4a2 AST, MUNCY. A. 6 0 1 2 2-_5 .!va<= .Apt 9i1Q1 rwa/F. ,as,EXr. 4-3o-es _ 7o 1 CROSS SECTION For 20 1 3-1=3 1 3-22-95 I c ! FI FrT ..FAT < , I �_ _o 13-22-95 1 .`=��rw[rr TT�CA �� ��% PLANT e2 - SUPERICR BUILDERS DIVISION, P.O. OX 44, RT. 442 EAST, MUNCY. PA. 177.E � Y_ .cc 3-22-_5 I u 7 C ! 7u I CROSS SECTION f�r 2t 1 3 22 95 i 3 22 95 c I o Bl4ED I71 DBitD PARTY C&Ip(�tTg1 pLY, F G110tJ• i 2 n I I c I r 7 >_ _cc ! 3-22-95 ! °1c•TO =;+��TYM s 2 1-p PLANT e3 - PREMIER 9UILDERS DIVISION, P.O. BOX 337, RT. 442 EAST, MUNCY, ?A. 1,7756 !Be !FRAMING DETatLS 33-22-91-91� 5-23 95 I LtaDea LT I Eb FRAMING DETAILS 3-21 2-31 1 3-22 95 1 6e ! MISCELLANEOUS DETAILS 3-22-91 ! 7-21-55 I - PP5 rw.ana.e m None'I� �� L � do !FRAMING DETAILS 13-22-91 13-22-95 1 Eb PLUMBING 13-22-91 ! 7-21-95 `�' N�'cOfoe'eNaenNne�d _ • I 6c I PLUMBING ' 3-22-91 1 8-14-95 MA •� LIAR La sftri 9e 12-FAM[L7 "NOT FOR N.T.S.I 3-22-91 7-10-95 STATE OF } �• t1bC La22 Mir STRW WO_ I SE Z Nto am taetmae H/A m 2-FAMILY TENANT WALL (NYSA 7-12-93 i 8-7-95 7e CROSS SECTION for 2e n 3 22-91 1 3-22-9S O+ 7s0 30 �ILQm W PSF�T - 'M►!m 9O 57o[n µ'¢qv 2-FAMILY INOT FOR N:T.S.) 3-22-91 3-22-9S ITION OETAtt5 FCit 90 6 I !�� lam-•.ice=xe` ' 'VW� � T 2 FPn[LY TENANT uAL1 tNrSb 7-!2 93 8 23 95 7e_1 t� MPM WINO Zaeaai FOR Nrse-28 95 NiR 0-LCT-LINE/FIRE RATED PSS'YI 3-22-91 1 8-7-95 7b I CROSS SECTION for :h,t 1 3-22-91 1 3-22-95 ! � fo amHrV pm-Ono at LCIH 9c_L I GARAGE FIRE RATED AS5'Y (.VTS;1 6-14-93 ! c Bp 1 TIM ttt 'nl tC►BLORJ- _ 18 Z3 _S 7b_1 i CROSSMci3ECTION or 2c.i 3-22-91 ! 3-22-0-5 1 I p.E APPROVAL - ,Comet. i 3-22 91 3 22 95,-1, r"L� TO f aG79 LOP S - I !Oe I ATTIC nyAC CL1CT SYSTEM 13 22 9l 13 22 95 7d CROSS 5EC-1ICN for 2de 1 3-22-91 1 3-22-95 , \ s UM11ED Tn4�OMXMWS 31W"M W/van �1 1 ! 1 7e I CRO55 5'LCTICN Zf,,3.1 ! 3-22.91 i 3-22-95 I = EI11117 p01t('. -i- - wsLIQ wo QWM PurtE LUMTLD D4 I I ! I 7f CRO55 SECTION for 2p.k,k_l.tI 3-22 91 13.22-95 I V 90 Lid LWfTED Do. - - , OF�om tAEM xTisL 1 I I i 7P_21 CROSS SECTION for 2] 1 3-22-95 95 3-22. I I I 1 79 1 CPT. ROOF CROSS SECT. ! 22•91 1 3 22 95 A D" I 1 7 T- SERIES - �.,y.:... q_l l CATHEDRAL ROOF CPT. 13 22 91 1 3 22 95 pE�Pwl N'�1� r > • �"'a.4NldtLn bad I I 7)' CROSS SECTION for. 2m 3-22-91 1 3-22-95 STNoptRMF �I �� I Ti CROSS SECT. PLi. ROOF 3-22 91 3 22 95 OEX rnQA =5r'ai - I I 1LTERNATE DETAILS ?S I ROOF SYSTEM 322 9l ! 3 22 2 COVER SHEET 7k-1 I CROSS 5ECTICty 1 3-1-93 1 3-22-95 MUNCY HOMES, INC. a r' 71 1 ALTERNATE CCNST. CETATLS 3-22-91 1 3-22-95 P.O. BOX 2". RT. 442 EAST t... ! 7m I ALTERNATE CONSi. DETAILS 3-22-91 13-22.95 MUNCY PA 17756 r• I I 17n I ALTERNATE CON5T. DETAILS 1 3-22-91 3-22 95 ROOF CPT. 3-22 91 3-22 95 ORN 8T OgTE SCALE REV. T. Na - T r _ .40'_0„ 7-8 1/2" 17'-8.1/2" 12'-5" 2'-2" 4257 4257 1" FILL 3037 I i bc�I 24 3014—■ is � r cm � 32" tv 24 O o = � p m /DW END PANEL Ln „ I U') PULL 1„ RT m I BEDROOM 1 I KITCHEN—DININGLn O_01 c� 13-2 1/4" 30" Ge 8„ 30" "'' OL 1T-7 1/4" 30" 4-0 30 - - — — — - - - - - - 18" — — — — — — — - - - - - v 30" cr , J -3 1/2" 15' LIVING ' " w BEDSROOM 2 48": cl 17-7 RAISED PLATFORM LD I 4257 4257 4257 4257 5'-0" 8'-6 1/2'. 6'-9" 6'-2" 8'-6 1/2" 5 0" SIDEWALLS - 2x6 CEILING HEIGHT - 8'-0" _ LABELS - • S.F. - 960 REV; 1-29-97 PUBOX 344 RT.447 ALWr. PIQ 177S5 A drRiCXM OF MLNVCY HCOWS ING SE NAME: aZ?/OEVEL. RUTHMIZRTIOK DATE: BLDR / CUST �T OR 928fl 6 PLRN NO: 928 MR►rlF. RUTPORURTIOK ORTE: OWL 8r: ORTE: SCfil E: M4G. NO.: LITZ 5 3 - ; F WP 1 1 1 3 . '5 1 2 I II 11 03 2i 1 1 I I - - I 21 5Or 1 I3 I - - - - - - - - - - - = - - - - - - - I I / �- - I � 2 I ► � - / I "`'g 5 �3 3 3 I3 1 , 1 r - - - - - - - - - - - - -I 4� S Q2 - - - - - - - - - - - - , 1 I 1 I I 6 ' 6 I . 1 1 I I m l 1 - 1 1 IU7I .. 1 ' - - - - - - - - - -4 6 ' 6 6 , ` 6 GF WP 6 REV. 1-29-97 POMK 344 Qr.sia PUCr, PR 17756 6-25-96 A p62910M OF AOE+RIICY ttCWj S MC- BLDR./OEVEL. AUTHORIZATION DATE: BLOB / CUST DATABASE NAME: s-928a-6 PLAN NO MANUF. AUTHORIZATION DATE: ELECT. PLAN .: 928 OWN. BY: DATE: SCALE: DWG. NO.: LITZ 0DJOT }®5 1/4"=1'-0" 24•P f9X an CDG LREM pTpp�� g�y� 1 +m +s7 +a7 - scm QS7 L P6TRLLATW rU — L00!£FOR FZ;]•p ---------f-------------- m -------------------1--_• i u , w7s•�_e °T b .-. , OfTT� • �� � �� -®• ', ' n h SriR7T70 fiC OrTiQiL I i ^ N �Oit}! •,r nr rna ., IZTOE]I i 51l4 i I�ITY ; , I I S SIDm RtL RIRIiStm Sm>!D SMD4N.OTTOt ;i SIL a MKYs mcx AARRD C TQ'NN i i , i:--_--------- -,' , L �g'Q'QR 51DDW9 AM Owrm L R'D IMSTFL=ffr L NOT 0%1= f ' ,♦ i r-: �' , oaa.t� mx WWTH Of L MOn,r 9AL . 1L'4 HTIi 70 PQ1QK R --________ __-' a --------------. --- ,1 „ „' •--- L 7+OT� IDC FII1D •. 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FLOOR PLAN `SL°'j' ""� W 6 %M.X BE LOCATED RNt48tF%CTM TT£RLo'L Stf 9tr.m 7p.c 7N.g%EG SEE STET,®.GENERA-NYTE•n d 47 Mi PA MM 7 RK ONE RL'OR M G SLALl7 L+�Q•O' E Ifff fl4 RT'l MR=TimDPG COOL .---_----_- •---••---, fit NLPI=or PmU.HB•2 IE NFOL NJIM Of NOOUL.CS 6 CL4 d'EJI , ,,D"T 70 lid MER�PAM3.LASS f3lOu"GH HALL IN RPPLT.LAe1 RRE MET. o SS��fPgg TO FOLPCE WM NEATER RID I9 3 4S1 fiTT RE:ILOtTEO N. FRONT Cit FM*M1,C f0!DE MDT TO IS LDCATCD IN A CLOSET OY7SL NH 70. TWWMMU�PT-OE Of4TTED OR ExTEIM TO fORA'_ n NOTE•7S n_ NOTE.,McDoM ..,. -------- ET a traul�c Lis c DATA S PL AN S nL4W,OpT_ nrT rRAGn ArF �Tlori a SCALC v++rc SM 9,r ae FDA FLOOR PLAN NOTES CONT- SAIL Wuz TSTRLs iw rim 6ifll MT SONG I at 2 BMFDCPM LS tD"t2'li oz!tg LCCiTITa TN arr►aa+r RAERS neovD MaoL.mms ao LptC7Ms LDTID N oLnumDN �. MADAM.AM NOT eXCELOm •-------------------------- , LL+LAlSBER RTA3.RD-E ON CI T1�iTifl -----__---. .--.___-.-. , V.ga 9{fT&!I 0£4m%.STISLTURM,WM Tit i NOTE W VOT FTR KY.& i 1B.rM O'RO"L C3.CWT L'AI r3OLMATmd.SEL SNi,rt. . , 2& OL77t FM FLOW WE 71C , ---__ BUZLOE�RE9PO�gvSTT- , .----------------------- -- Tm Af 3D 9AM 7S7Lilil , --------------- - o c _ a WAMOW SELF aDeas DDaR envsea Mfoe Nrs spom sTTTm N MD L 9* £ wTTOAmsc�T Ro MT PM TMR s FT. / R1 S MrDR W, fL,L b ---------------------- ---- , FO4 M.Y$-6R4R6E 9fLL SE SEPNAATED FRtrS OhF].LDC IIST 8r S/+MIX CUbTJ=1=1 . ro PER Nrs TDJ v7 L THW O FRONT FL FVATION oRtlGff/rnuerT 504*wTimN WLL 70 NE Le= • �.E v+�aLa' SCD DOW= �°°'n emu -- S� MASTER SERIES of CAM MODELS t L I •47• FLOOR PLAN. ElEVHTIONS d NOTES MUCY HOPES, l?C. •-:•--, P.O. BOX 24& RT. 442 EAST f1lNCY P0. 11756 RF8S_t LEEt e,rY DIN BT ORTE SCALE REV. NO. Saks LmwM••` OR �iM'E M.L l-22-9d s?+anr b2595 ELECTRIC CIRCUIT SCHEDULE DOOR SCHEDULE WINDOW SCHEDULE NEW TE7RK ENERGY SUMPWROO & NOTES (SEE NOTES 4L •2. 4I21 MATERIAL FINISH TYPE IOENT• NUPIBER U VALUE LIGHT VENT TYPE TERIi� eCo TYPE HEAT RooR ea HOTc.Y WALL No DESCRIPTION WIRE BKR POLE No. SIZE U VALUE AREA Sr CLR OPG. Sr sooO- woo NUM CLCCT=M=T= w Mat w MD4 Rv Aft-tQ Nm[.7 1 va yyAy APPLIANCE lr2 u/c zo AMP SINGLE EXTERIOR DOORS raw 3ust 4.41 2S5 OIIL.raft R„ W000 700D 900° '�'6°C1pC `"n°` '""m` ""Mea 'a'�T'^ ST[0. - PTO 10.49 3Y51 7.43 420 am SOm- 600E pCLiHCK R-s wa K•u HHet Hra MM-a ROTC A 2 GfQ I war 137 2 flit 70m- 9000 pLCT16C R 33 MIX R-24 MD4 R-23 M•-a 4am n ! mE7tfi IIJ-t)1DAnCN U•2 W/G is AMIP 3R 150 b7 �M 241M 4./0 27t Sus HOO TYPE OR HEAT GLAZING ENT.ODORS ♦ 3 BATIOI 1?2 Y/G 20 MP 1B 270 550 9 LITE AH49 24/52 630 152 7a7S S00p 900E Nsi a[cTat eN Na .Ls Nx BLANK u/I SICELITE M•257.EGRCSS "51 ILS6 fi3e 1w2S &43 SOm-900E CSILHRC K-u I" R•23 Nx 44 GFCI WHQ13P001 TUB(ORTJ 1C �'� ]!4 1.7E 2 LITE W/I SIDELITE Rl&S7•CGRC33 3L51 1026 S71 inn S76 L GbMPLIANCE To M NEW YORK STATE ENI=T COOL WILL BE ACPwim THRU PART S OR PART& s _ ODOM LL11MnanDN t•-:u/G ss aw 1D ]r2 23T , • 8 LITE u/1 SIOELITE A4�7-[CANES! 24/52 1Z.10 6b1 IS125 &A 2 IY1NE•�N PART 6 IS 1SC6 ITO1VIOlA UNIT CALCULATIONS WILL BE PROv10ED TO THE LOCAL BU&DINC OF7'ICIAI_ j 6 IF x'w A76 i4o BLANK W/2 SITYLITES ASM.Comn 24/52 law 593 135m S92 S N T � f00T OF OPERAliL SA44 2 CITE v/2 SIOEt1TE5 M3664[GHCS! 39/S1 12.66 7]4 16475 S76 GCN RA Sppn� gp�, LS CWIv0.EN1' TO TIf UWACT Pi�SS OF A 25 IWflygYlyfn� B�p�qT� H 9 RUirGE b3 W/o 40 AMP DOUBLE IH 244 6.9E 9 CITE W/2 SiDt1ITC5 A3066 CCRCSS 24/SZ 1l.SO 59! 14625 592 4, FROM PP?��DTH ION f� T/E OPnW TOP P1ft0%yr.JLOOR 10 WATER I[ATDt 1?2 4/G 25 AMIP lI 561eP ill BLANK CLASS C 0 FIOIRN N476 COKS! 3L51 12.7E 114 Lum 71)B `Y�I� y WASHER tOPTJ SEE/ETC BELOW 12 2 Y/G 20 AMP SINGLE 2 ST.6P i» BLANK A3476-CORC33 24/M 1140 736 16797 532 S. PIPES 6 OTHER��OI��XpOT!1$��RR1N��l Ilf�EpATCO 9SiP�AC�ESg�SIiLL EEC DSILg�oD AS RE00 IN SECTIONS 711119 .45 %Sg;!•.. SET A Al BL U DRYER MPTJ SEE NOTE BELOW tb3 W/0 30 AMP DOUBLE 2A 15D b7 • 2 LITE P0465.CGRCSS 33/Sl I&4S SJl! I.HHe+ 5J12 & AT TAONETTIERMOSTAT OFTTrE ii1T0-SEA TYPE If CBE(USED IN ELLARGESTT EAAT Ztr0 sm;. BE PttoVIOCD 9 LITE 00465-COM53 24/52 11.0E 6.10 LT750 6D9 FOR EACH SEPARATE OW S1. EIIIMG UNIT CCTJ1 FOR HNONfUNITS.LEC.UNITS. q.L OR THERMOSTATS TO BE THE AUTOSLT TTPC 13 OR COTOP CPt.DOL=Or cm-0 10-3 W/G 30 A 50 MP 28 270 S 7. R-16 IS ACrQE'VM BY EITHER A 2.4 WALL W/R-13 rLBER'RGLAW AND AN INSULATIVE SHEATHING WITH AN R=R•VALLE' 34 SDAOt WALL OVEN COPY.W LID7 Cr H7CT.0 12-3 Y/G 20 iLW 2C ]]7 BLANK 0 C Q"mm M2257 33/51 Sm 3D4 623E •75 MEAN TEMP.CF SD MVN OR A 2X6%' WITH R-19 MIN AGED R-.FSS R•25 IS ACHIEVED BY EITSOPQ A 2■6 LRLL !. FRENCH A2257 24/52 SDD 293 62.SD W/R-19 FIBERGLASS AND AN ONSLATIVE SfJATHING WITH AN AGED R-VALUE•75'1"MEAN TW.Cr SD MOL OR 11 DOUBLE N0.L OVW arr.W lIDV acT.o b3 u/G •0 AMWP 3 72•+60• 376 32M R 2Ke WALL ViM R•2!niMl F78ERQ.iL55. 4 1S DL91Wii4ER 10rTJ 1•-2 Y/G is AMWP SINGLE • 3T/76100' 179 - DOUBLE ]'Q UHALRTED MW2636 3]/SS 4.79 490 f7A5EMCNT 59A17 & TIE R-VALUES SPECIFIED ARC OLY THOSE PERTAUfIN,'. TO THE INSULATION MwTERIAt41: . 16 fY 073P040.fOPTJ S 60'1mP 3Y/S WATER HER 250E WOOD VINYL SLIDING GLASS A2956 24/52 S20 490 fS00 & M ErNERRGT AND YCOOE� TING COUIPMENT EFFICIENCIES Sifi1 COMPLY WITH TABLES S!AND S••OF 17 M11CJlOWPVC IOPTJ 6 60'.W 39/S ]OIL M3436 33/S1 490 426 CO25 IQ TIE WALL GLAZDNG AREA SMALL NOT EXCEED 171 OF THE GROSS WALL AREA WHEH USING PART S. 16 GENERAL ILLUMINATION 4H.�M.Hm. 7 Gram 3vs: IL SWINGING PATIO M244e 33/Sl S49 S4.6 t2162 SKYLIGHT AREA STALL HOT EXCEED ix OF THE TOTAL ROOF AREA WHEN tbDAG PART 5. 6 7TNP SL39 ZZm rQ666 ETRC53 93/S3 655 651 106JH 7J19 11 AN AIR WILTRAnOr BARRIER SHALL BE INSTALLED WHE%1'ER A VENTILATED SIDING MATERIAL IS INSTALLED OR THE A2960-EGRESS 33/51 &SS &70 US00 7.7E SIDING INSTALLATION TEOtQO.0 NECESSITATES A LOOSE-FITTING APPUCATICK u FOR TYPICAL HEAT LOSS CRITERIA AM CALCULATIONS. SEE PAGES 16 TMRU 46 OF SPECU r'ONS MAr1J'L 20 ll A5760-CGRC53 24/52 1&40 17.•0 2300E 7.70 11 FIREPLACES MUST HAVE PROVISION FOR OUTSIDE AIR FOR COMBUSTION AM0 0 DAMPERS NOT TO EXCEED 2 CrM OR TIGHT Z2 • AU460-EGRESS .24/52 36.w 34J0 4fi100 7.70 FITTING DAMPERS Garb GLASS DOORS. GAS FIREPLACES MUST HAVE AUTOMATIC IGMnON 23 24 25 INSULATION SPECIFICATIONS-SEE NOTES .3. •4 AND 47 26 AIR HAaOLCR IDPTJ 14-2 W/G 1S AMP SINGLE K4S57 37/.46 26AD IOSO CASMT BOW 26111E 27 CCNDE SDR COPTJ 10-2 W/G 30 AMP DOUBLE _ M�61 33/51 2&12 11% 349UUG R ROF/CEILU G R WALL U. R FLOOR u OEM OC��. STATE MrTIORDITIAL � � A9761 24/52 n40 1420 340E - _ . 220 9 RESERVED INTERIOR DOORS rim 33/Sl 262E 6A6 PIcT/DH t52UD CONECTICUT 32 D90 13 D61 1] L67 6300 60. 30 RESERVED 9 1D'.DO• W000 PRE'r1N SWINGING 0.976E 24/S2 9186 142E ►ACT/CSMT lSS00 - DELRWIARE 32 a!0 13 2 _ 1! lb7 SCOO f0� !0 Nti60• - MOM 33/51 2&12 1396 fAT/CSMT 5497E MADE 36 II26 19 1S0 19 1146 9Bm m' Htl ELECTRIC HEAT 12-2 Y/G 20 AMP OQJ(iE 11 24-00' - MEW .33/Sl 22.D4 6.08 BRY/OH 152ID _ MARYLAND-NOTE •S 32 nm 13 !)O i] 167 aw m• nASSACHUSETTS 5EE MR55RCHUSETTS COWER SHEET H•2 12 32.W - NEW HAMPS IRE 32 Ma• 19 M50 - 19 1" SSW m• HH! 12 34".60• - _ its - 3]037 34/5 W 0 530/4.66 L80/192 9H 45.m/46m VRRL NEW .ERSET 32 AYO 13 JM1 19 11677 SSW SO,' 13 3611w f4•$ 4eH o� �� 14 �w BY-PASS SLIDER 13449 24/50 &56/756 423/1 S7 40 SWOH 11SaS00 PENSYLVANIA-NOTE•2 30 M2 16 no .U. 70M 00• M•6 15 24A0' - - - BI-FOLD 12257 34/50 S96/S37 2M/223 9vOH 7175/S75 - RNOOE NON-ELECT 32 D30 19 D6T - 19 J164 6CI0o BO• H-7 16 3�7 - _ IS&S7-CCR[S5 94/50 1157/1&76 S7L5.08 9voH U13M27J70 S7Y5.72 ISLAND ELECTRIC S .03E 19 115E - 19 046 6TDD m H-e • 17 36160• - - • 142S'7-EGREIS 34/M 1296/1210&42/5.70 910+ 16cmn4250 &42/&•2 VERMWONT 32 '130 0 mm - 13 1167 0!m m- 16 4S.6V - 134N15-EGRESS 34/30 1L70/10.6 164/524 9H/JH 4600/17L00 Ses/S79 VIRGIMA 32 113fl :] 1>ta - U ]S/ 450E - SPECIAL GLAZING LEST VIRGL^QA 32 ]90 19 DBi 13 J)S7 Sw0 !ti- 20 771ieP C� 39 14.64 - Ct47LET - VINYL 21 46560- - WOOD/MIRROR BY-PASS SLICER C34,ZLS,57S 39 956 . 22 24"w - WOOD POCKET CTJ25.6Z445 39 522 Pd*cm 23 � _ - C7225.725,14.75 39 5.49 - . • FRENCH CR2222 39 222 - OCTAGON - - GLUM. 0-M 29 49*.00' .. 25 GDI.W - _ - 26 77.6P - - S2222 .39/.I 2b4 - SKYLIGHT - - 0.UPl•a F0 S �w _ - ppLUgl[ 5227E 39/SS 172 - SKYLIGHT - _ 29 607e0" - - 52246 M155 Sag - SKYLIGHT - L INFILTION EDUAL TO OR RA WINOOWC INFILTRATION Tt4*c WINDOWS SYLL BE COUALO 0 OR LESS Crm,'Lr OF CRfACK:DOORS O50 CfM/SF. FOR THE STATE OF 29 7T.6P - 2 Phi OR R-11 FLOW I S1.LAnON IS REQUIRED FOR FLOORS OVER UNHEATED BASEMENT. FOR FLOORS OVER Rtm OPEN TO THE_OUTSIDE AND CRAWL SPACES IF FOUNDATION m'LL5 ARE HOT UbuATED IN ACCORDV CE WITH 29.41 fbL CSL THE ANDow IYRS 11•iWCRSCK C-CAGSFRCG OG-CRESTLIW_I-INTCRSTATL K-K5L M-Ma-TA. 5-S N= INSULATION 15 TO BE A MIR OF R-19. BUILDER HAS OPTION Or PROVIDING AND INSTALLING FLOOR OR FOLJ•OATION WALL INSULATION CONTINGENT , lPW SIGNING si$SIGHvrENT 7 RESPOLSIBIUTT FORM. LAUNDRY CIRCUITS ARE STANDARD IN CRAWL SPACE UNITS. DOORS R•O WINDOWS MAY HAVE SL185nTRUg NvadffACTI.RERS. [7UT WILL COMLT WITH THE NOTES !. R VALUES SHOWN REFLECT OLT TIE IML5IJLATION MVaTERI0.t51 ANO HOT THE TOTAL OF THE M1l;.T, SEE h'PLICABLt ENERGY CODE AND EGRESS REQUIREMENTS AS HECOETS 1- FOR EGRESS WINDOWS. THE MIMNWn WIDTH CLEAR OPENING IS 2P. SN•ECIF1UAnONS MAaa1Al NOR DERIVATION OF U VALUES. 2- rOR EGRESS WINDOWS. THE MINIMUM WIDTHmEIGH CLEAR OPENING IS 0". 4. NOR CRAWL SPACE•HEATED OR UJrsEATED(?AiSEM1ENT•FLOORS Aa0 OR fOL1/JATION WALLS M6ST BE INSULATED IN H07Eg 3-SPACES MEETING MIN.HABITABLE SPACE REQUIREMENTS Gw 50.TT. ACCOROAa+CE WIM CSERG7 COQE BT F1EL0 CONTRACTOR FIELD CONTRACTOR HKS TIE OPTION Or PlRO4LSImG FLOOR 1-WHEN CIRCUITS REQUIRED WILL NOT FIT IN A SINGLE PANEL BOX. 6 7 FT.6 IN HIGH)SHALL COMPLY WITH HABITABLE SPACE REMARCMENTS A SUB-FEED WILL BE REMARM SCE DRAWING SHEET 6� EG.LIGHT. VENT & EGRESS. 10BB318'!Q-BUILDER HAD$OPTION OF PROVIDING APO INSTALLING FLOOR OR FOU�ATION WALL INSULATION CONTINGENT 2-EXTERIOR RECEPTACLES SMALL BE INSTALLED AT THE FRONT AND REAR 4-WINDOW AREA OF HABITABLE SPACE GUYING. DIMN6. INCLUDING KITCHEN UPON COMUPLCTIOr OF ENERGY CERTIFICATION fCRM ANO COHRIfa+CE W/EHERGT CODE Or THE DWELLING AND SELL BE WEATHERPROOF FM GFCI PROTECTED. DINING IF NO OTHER DINING 6 SLEEPING SPACE)SHALL BE 0.T OF FLOOR & nlCtil COnPIIANCE TO THE nODEL FREAKY CAE- 1953 1U>LL BE THROJQt CAPTOR SAN EXTERIOR RECEPTACLES SILL BE ON A GCIEJtAL ILLUMINATION CIRCUIT. AREA FOR NATURAL LIGHT WITH 41 OPENING FOR VENTILATION MINIMNM 7. STA ED Uo. U. OR R VALUE OF Aar ALS5EM10LT MVAT IHNCLALSED OR THE STATED Uo.U. R VALUE OF N DCTERIOR RECEPTACLES WILL NDT 1£ON A CIRCUIT UMI HAS RECEPTACLES V NOT VENTED MECHANICALLY TO CXTERIDR. BATHROOMS 6 TOILCT ROOMS ASSEMBLY MAT tE OECREASE0. PROVIDED TIE TOTAL HEAT GAIN OR LOSS FOR THE ENTIRE BJBDING DOES NOT FOR B ORR RECEPTACLES oms A R SMALL 140T BE O CIRCUIT. SHILL HAVE A MINIMUM OPERABLE AREA OR 1 1/2 SQ FT. ]54 FT,FOR EXCEED THE TOi0.REACTING raon'COHFORMANC£ TO THE VALUE$REOUIR£D. }REFRIGERATOR RECEPTACLES ON SMALL APPLIANCE(RA`41 CIRCUITS ARE KIT(>CNETTES & KITCHENS(w SO FT.OR MORE)SHAALL HAVE 41 OF FLOOR MUM NOT GfCl PROTECTED AREA OPENING FOR MINI VENnLATION S-PLASTIC 5KTLIGHTS REGULATED BY MS.PART 711 SALL NOT CXcEM 2m so.FT.IN AREA 6 5•-C'MIN BETWEEN SKYLIGHTS. MICHIGAN ENERGY SUMMARY - TYPE A-1 BUILDINGS - SEE NOTES ABOVE . HOO ROOF/CCIIWG Uo WALL U4 FLOOR lb QS1GN HOD Oro ,026 .1t6 m cLwTC REGI 65m_9Soo O26 11I DS PER CLL-ATE REGICM60- `4 MASTER SERIES ALL MODELS SCHEDULES 6 NOTES WALL COVERING SCHEDULE MUNCY HOMES, INC. WALL COVERING STIR SPACING P.O. BOX 246, RT. 442 EAST MUNCY PA. 17756 LP WOW PARING 16.OC. ORN 8Y DATE SCALE REV. T. NO. yr GYPSUM BOGafRD IT TIC.OR 24'OL DATPORm Hsa HC „7l 3 22 91 RUNE 6 2s-96 9e _ .�cHroHb_30 1/2•VINYL co GET.amUr OG OR 24.OG - GENERAL NOTES - 1 GENERAL NOTES - 2 PLUMBING NOTES�y �y mom NOTES HEAT qp��y HEAT NOTES L �p�pi ��COVER! L T[R riM�i 1 K►LiriC SPf�iD L p,Cp�71�YyC��R�15 yy p���p CM�yC�,�1�Q01IlRES `0 L NEC t L6PLLTm t MST°T iM RCCJrEDItFD Ea. L SEE?QT'!i PiKT FOR TENT.DIfT.1=AND DOWS"DooRs Am we xP6 jTD; 4 p� �{� L iLLWED f'Ot!1'`fitL oefii . L YIRDC IS 141�.1tm ALL CKTT owjK:713 ARE 1�0.�00 Alt INSULATION Q'QIIISR •T FOR NTy 2 f��Y Y/ 5T ES !, ILL DRAIN LINES TO'SLOPE Lpmm{' FOOT• S R T T IiPPROVm I EAT1 2. ALL HEAT LOSS Cl%MUATED IF FM ICALL - �/{�oQ,P�sr.6O P?.s0 Psr arsl OAT . 2 PDT FOR u .FLAK w%uc LESS Tew 200. S �B�ry1ayAAm�rA4 aimn 7o p7Qn�mm iaT.pm Le?n WIN `' r ��C w Y1'E5. L .. t Y h6iT {. SEC OWST b SOEA.0 FOR v V1LlCS OF . -• ei�PomM�Nf�� t.-_ `' COV"LY M M964 RO CONECTORS TO_ rITTINGS FOR ENCLOSED DCJi-Df7CtNT CEILDC l.I[i(TS D1 R 0.0.5LT S WINDOWS AND Doom. -. �{p�..�y� �T Pptim 9OR! eimmot p�p�5 oom rNG AND LBTN eEos OR EDut 3 INCH.LONG TURN' •' mW HAVE Ir AM►ORIZONTAL Q.EARAN=MINTRMD• f0i 7750 Y Olt NCA • 1 FdlDATION° M IN THAN s'-P 1 P(►t13MArO�T[It10R YLDOYa.RND WTCIOOR S tORIZ.To VERT.CON0CTIOIM IYCC Y/SRN•TCEs niom COr10lbTIlLC/WTL'R1AL. SU3RCL MTCD p�K�'CON 1 y ► 2 T . M/OUDATIOt E0.5ED �Oi B F r+0.5E°0+ T x {, OLT Al7ROVCs KTH W OR 9U`PORT DI PARnnO1S MERE QAZING IS 1R OR LESS FROM FLOOR a ��y�.�p��TUB AO►R'><LAT[RPItr0p7ltINy�0�6'��MM f1AARCSCp(T.tE ILUiORLSCENT OR RECESSED _. LEV[1.9ii1 litl'C'Ji>rETT GlAZ1NG 7. CONIR.IRNU� S TIN TIES TO 6E IN �rRom °t!°'TI t MOREWNTAL MWTRi1tD a S 1 MFSS.NTS AND UIITS LAM.UNDER CABO ONE CDMLIA�NCyEpYYt� LEC TC A/D TLID FWHILT OWOIDG CODE- IONEACHOWLIIDG 6 _yA,L_�IAiy�T CYCSDS 9 50.�Or 6tiREli a RODr. ���it TO 2{•ABOVE iiD IS S �E g�i-L� 7.dfLL NAVE RT•M PRU'1iRT LOCATION A MRSN fDQ57[D iL00t fW .WTitFMCE DO 1 DOOR SMALL BE BOTH SYDG NOT rOR KTS. Ms y�p1 ern y� 7. A T T� a OUT 18t1.S SILL BE PROTECTED a i OF mDRo C waESD RD•SAD SPJS AT a Wg76IOt TO BE!D•.�OiRY oaT.ADQNl1 p C-S�0. T 9�L Be KEPT OUT OF U+EATm a tp�p��p�7� p p [���[y��t(�AT 4•f 160E YRTOt TEMP. - 7. "m yaw.-: FELL• � TI� �_�g� pp��vDAs EXTEND.AS!'0 it ABOVE rVOC IATIQN 1`�OF C6�BOICS a FOR NTOtONIC PEAT SYSTEM/VWICTLIRM SUPPLIES .. ,..: ;: .•: :... a CgI(yTCgRIOR-OHFaSE1lA'TS TO BE INSULATED ArD DRTYAI.LCD. �I R00F. 7. PO Tp�[g ee LOCATED OVER ANY PART OF HEAT U IMELBOWS CCN t VALVE TONG OF'Cm� UPC SECTIONS; A,, ,'• _ Olil1 TD TAiBLC 1-7 6 T' a MIII MT ►W7L OS NTS)FR.L BE INSTALLED AT!0' IL �C ON LL TLBS ELECTRIC tfAT TS CSIV TYPE N COPPM SrUElED TB1I FLOOR. BUILOE'R °• CmpD PQQAS SfiLL•COcF0Ab1 To 71u Cl)RD la 9BP L qAO pR��UIP�E�fT 9��BE , / �p�� a Tp���[psTg�ArptpR�E CTg�gTp,N jT�p�s IS RLSPOt6'T�raR BOILER,ILL OODLE L I . TIER m RO,a113 ml .>�Ts w Fol►ViP41fACTiRERS LSTRUC- a BE T FA .BAtC wLow PREVENTFRS C RECEPTA4E3 pip��N�1P�T�}['�Cg{Td�EN CT �SY3��TO BO1tER SILL C:. 7 TidB A�gp�p p�py�p�p g�• 11 NTS FIELD INSTALLED►ATD�R00f BATHROOM SHMWER 9 T IHTERVDONG SYiTd15 S0.- - � ' DDIGITCS PTPDG BE1Ql fL00lt BT SU10FR . ��VENTIIA�VEMS TPE nWlMlJn iW TOD.CT ROOM fL001t SNLL BE INSTALLED TO Y t ARItQI DOIWTCS OIRECnON OF FLOP. FOR BE 1/91111 OF TP£ PROTECT FLOORIINpGPpFRRTO[MQ SPILLAGE S=-1 1 g g q� HYDROIC BARDOARD PEAT LA7AlT T • C'D. GRtNCi6 OR ONDI SMALL 1 32 C 7 T. Iftn 14. CDPPE7t 4jiE'�T TO CXCE>•:06�4 VERT.�[p ATER�Cft 10.T [EITj g� T1JV^�y���[ D6 R.t T W minejwomq''.z IN BY SU IS Pn T.AWATAT1L y �Q R,17 ON SITEwa TO DbT SI C�A INT BASEPiPV%W.INTO CELL AT LL FlWCR. fo� MAIM SE`CnONRgy�ORTYITM R z INO+S VETO eAkSE• li tN p@i���tAING. OR .: r L ATI 11 pDIV>DUR'eOYo0NT4 IN 11MHOL[SUCH ILLS STRIICTINRAL MDNT STUBBED BELOW FIRST FLOOR TEN Cfif PED t MA 5 1 11�2K ry� T�G�T7Z STSTEN_.LIVMG ROOMS.DINING S.AS STRUCT. CLOT ES BAamER 1 VENT FIRST SECOND LOW OR R EQAViLENT. 11 C 'T gy CTIASi�LlTPEATT FAMILY ROOLs DENS.eimooMS.CLOTHES.LINEN. {CLOTHES WASER I�S{pOtN�FI[RpST OR�SpEpCpO[�D FLOUR Il TRY TS NONCE VARY Y/SIZE l COrf7GlRAT10N LO55. OF . G �S •7.4b4MTOWL IN CD/CLALLD OR ATTIC BATHSGUEST.OR PANTRY laTOENS.GARAGES CIRPORTS, ET UTILITY C. MAY MAY 17. PIPE 09.6 PERCENT FI FREE AST 14 9i BEi A f SOLID FUEL°IRNDG fit{APPLOR�Tp BE INTEGRATED WITH ANY FLOOR PLAN THEY MAY BE u MRX YN FROM WPM OUTLETS TO TRAP WEIR 14.AD/DC SMOKE DETECTORS ARE PROVIDED M ,l A MiLSg gCQtEpITED STOVE N A�F&f4 4_�_T71��gTl7' ROTATED 60-www REVERSED IN AM DIRECTION. � ' 1S MA55 A W RY REOUIRES INSULATED STAPLES. TES . !az cxzit�au:u ar ci _ Dt pART OR IN THEIR ENTIRETY. M 24. p���p�-� la MAX.DIST{�[OF PICTURE TRAP TO VENT'1 1?-S£, IS COPPER PATER T13• TYPES K PENT RSTM B be•47 I 9AL CAiORl1 167•-1 AO 716.7E-2 CATION F'' TCD Y T-S•0-.Td-0'. 1a{M���aL ''N�p�,p�T 5��� 7 TORS 01EO{idCL ONLY) ROOF COVECtpNG LS L7.A6S T MIONNI E1tfZPT gLLp REpOUO�IFRE�TpeEIN 20. IN PLfM PIURBING SHALL LAB LED APD - r0-�iy AgP iRETLTt STbRI Ai.L ON SW�C 1T. 1a YAR/1 AIR t[AnNG FIND RiR COADInRdNG SYSTEMS IN A 7FRD LOT LINE SITURnOt CL0.55'A p L pR RAnB�EO ON�I T• 21 ALL NOtIPROTECTEZ VENT PIPING SMAL DURING L B LOCATED EOFUZ� C 70 COMPLY WITH PfPA-90B-1991 FOR R MIa"O1STANM Or S-P FROM ., lt• t B�Cf LA CK� YiF 17.IN LENGTH, FLEX EE Ol1CT 9fL1 BE LIMITED TO 14 FEET '.-BOTH SIDES Or THE LOT LINE IS REQUIRED, :,._.. ' S ABOVE M FLOOD LEVEL RIM OR THE HIGHEST J.S_KTLIGHTS-FWST_COFORM T0;71L7c IS NETS-INTERIOR WALL t CEILING FIOSES SHALL FDTUR SERVED IN THAT BRANCH(NTSJ .,•..-s=-::...r. .;..:- . HAVE A FLiMC SPREAD Or 0 TO 75 IN ENCLOSED 22 Itrs,_DNVIRWHLMNT(L caaERVATION: K gp p5 DUPLEX EXIT5 AND 0 TO 200 IN OT1fiER LOCATIOS. 2�M KI EIt SD{CS'!GPM MAX la G MUSTp�iN�ST TOR CMI1wN i5L�OS7 16. NNT7SS PJSTICS aNCLUDIG GLFaDG.•SIDIMG WO. WATER 195ET5 3$GR..PER/LtMSH T UiRE T�0T2N 312YlZGHT31 AND rOAM PLASTIC aNCLUOING INMRTIOO 21 ILIZ PLASTIC SURPLT PIPE IS NOT APPROVED. HAN 2 CKT. "PIPE -w PR PROTECTED - .7 USED SKILL BE IN COMPLIANCE WITH NTS 711 24,KTS WATER CLOSET BALL COOK TO PERT SM3K L� PLASTIC PIPE 3PAL'BE PROTESTED By 1/1S PLASTIC INSLATION SNLL'PDT BE ON OR IN �•T[M LRE/l p}p[PR7�1IDOD Mf/18ExR3 LESS..-. 2S SMALL HOSE HIV SA DI OR APPLffD1 FOR WATER IS la F1ECTAQC�4 L ON SITE By TTQA 1 L{•rR011 EDGE Df �., TIIiE FDE RfiTED�EMBL>f5.a. .. Bl•J•1LOOt 1A �,p"p �.����1��CO[ES . _-.;;.,•,a^•':-�u�2>r_:_:.r_•.sa s1: 17.rOR A STATES EACH DWELLING UIIITs SMALL CONTAIN � T�S.TO T�D�TION��'�IDES 2O mpm win .I--.�:A1_O.T DETECTOR PER 1200 SF. STRl1CTlRFL`MCABER.SIB tCT'TO MCLX AT LEALST OE-MAIMABLE SPACE,WITH A ISO SO.M PJX A VACu M �� .. r. . . •:=mod ORD:LML'CUTTING DR/OTC/@L' SH LL'B:LIFT:: :-:.:,^A.ETR FLOOR ARCH YIM A-10 R..MIN OLTy DNTIItIOR'. ".•. SPOUT DIVERTERI jot..SMALL.BE PROVIDED WITH 21 y��]g ST��7 �ppR FOR• 'TO"DO"UF.. '. .- :. _ .. . .. .... . IN A'SVC STRUtTLW ED'DITION BY BCD4:: mORIIWTAL'DIMENSION IN ANT DUMMO. LIVING. :.VAClU4 BRFJiCER.-_.•?'. � •.80.5EJ1F.Ni SA'�OP.T:.LL?ECTORI"..1 : ,'-. FMWGFCla R7'RIRED OR RSPtACEO ALL HN - - DINIING 1D[1WDD IaTOEN10DOlNC.L°PO OTNEt DInaNGI' '26 KTS R.L'COVER.PLUHBING SELL BE TESTED LV 2Z.JOE= SWITCHES AND RECCPTN4XS MYBT NAVE GF90XM , l WITH M STRUCTLO RMIREMENT5 -AND S.EETIG SPILL SMALL,BE e0 SM FT.MIN CLT5L -PLFiNf PER NTS COCA!DT NO R.tI1B3NG SKILL BE .. .. OF M CODE ,�..�,*r h t.:•._ COVERED BEFCt£'TES ...... 21 RECIPii1CL�,:tK6T>E TNSiRL�4 71t�TE►3TL1EN 50 T . fc•_+..a.,A...,; r...r:••� cam, :' "70 50.'FT:`F1DL FOR q1'9TATE5 OTTER TPiiN KY-YITM - 7FT..MIII DN ANT OIRECTIOI POOH SPACf►aTM LE55 27.'NEY TOAZIC-WATER WCATERS:';' TENT NO PL-ECE�N DC COINTERTCP A MORE TPKYN 24•... N /?fIGsAJ_•BE rDsstaPPED MERE'REaIIRtD tMN 10 FELT:ss.MDT CQNRED TOWARD 15D Sr-ntN INSTALLED IN r1BaNL SPACE WITS SAt REST ON A FROM R7CR7'TR1E -.:...:.. . B7 NTS'CODE,PRtT,:717.4'OR TESL NN1M/1ATFRIL' rAHD'LL55:TTQN.7_FZFT:NOT COUNTED-TOWARD tD Sr MIN = -. DRAW PAN PAN ENJOIN SELL[XTEW FUN.SIZE RD 24.y�pN OCTS�p��p yA��NOT r�T IN y�N��p�A�y y:mUIVNtf.*TO IMCTION{AaCH IT_PENETRR ::.FOR:WITS LABELED DOER CAW ONE AND TWO FAMILY: �.TERMINATE OVER A AIITTasLT.LOCATED INDIRECT WASTE BOX.ASIB-FEED YLLL°E REOUiitED.••.SEP WG ENT.•6AL . t BE SUITABEB.TO PIPE-TWTERM:M rIRE': _- .. DWELLING COOF_laTOON SILL HAVE NOT LESS - RECEPTOR OR FLOOR ORRIN OR WEND-TO THE EXTERIOR2S{�CIR T PRp7��nl1N'S!fLL.SE,PR0V10ED BY 3TOFF SHR L-BE PROVIDED BEFORE IT IS THAN SO Sr.OF,FLOOR RtE0. x •_� - OF-M BUILDING WO TERMINATE NO LESS THAN 6 �EAQR OR AEfSPTTLIL ...-. . COVERED OR CONCER.ED DUATR'P1.ACEP0,lT. INCHES OR MORE THASN 24 INCHES ABOVE GRAADE: . - S:_.:...• -- �'{".. - ..'"- la KT HABITASLE SPACE(LIVING.MMNG INCLUDING 2G FOR WHIRLPOOL TUB OPTIONS.WIRING TO BE IN a-_./a STATES OTHER TpN'KT.M Wit'PAY- - IN KITCHEN WD SLXE1'TPGH WD RECREATION SPACE CONN2a PVC WO iBS.MEN riD®SAL Pf1VE A MIEOANICL W/M4F IWTALLAnON INSTRUCTIONS D. SUBSTITUTE FOR M JOIST MANGERS SOWN IH M SMALL HAVE IN ADDITION TO PRIMARY EXIT Ail EHEtGDC KYA JOION R R NOT BE MOTNrCEMEN IX QD SILL BE ON fftl CKT. 'TYPICAL CROSS SECTIOr DRA6%'A=A 21T USE OPENING TO LEGAL OPEN SPACE OF 4 SO.FT.MIK '2a KrS.OTNrS AROUND PLtnel+c f1XT1RES ss+u BE . 1DMDJ:L WORD LEDGER STRIP. FORM STATE OF WITH A MIL MP04SION Or IC AND A MAX SDl HEIGHT MAX WATERPROOF AT FLOORS WALLS AND COUNTERS. 27.TIRING TYPE I3 NMEL !0.FOR PVC PIPE AND FITTINGS A PURPLE PRIMER KY.M LEDGER STRIP CANNOT BE'r THAN A OF!'-B 142%BRSEICNT OR CELLAR 4•-r 649 MAX 2a IF WASHER RECEPTACLE 15 INSTALLED IN A BATHROOM 2%r NOMINAL DIMENSION ROM NOTCH IN THE 11 PINS ACTUAL FLOOR PLRS FOR LOLL 8 DG OFFICIAL COFORMING TO ALSTM r6S6 SILL BE APPLIM WHETHER A SEPARATING DOOR IS PRESENT OR NOT, JOIST CNOT EXCEED ONE QUARTER OF M JOIST WILL SHOW ACTUAL LOCtnON FOR THE INSIGNIA OF 3L FIELD MTFAA D PIPING BETWEEN SECOND t FIRST THAT RECEPTACLE SILL HAVE GROUND FAULT CIRCUIT DEPTl fDR NAD.DG.SEX THE APPLICABLE APPROVAL FLOORS.BATHROOM TILE t FRCrZE PROTECTION ON INTERRUPTER PROTECTION FOR PERSONNEL. " I'ASTEN010 SOEDUE• CRAWL SPACE PIPING PLUS ALL WORK DONE ON SITE ' 2a TREE-WRY AND FOR-WAY SWITCHES SELL BE SO WIRED - 20 NITS ATTIC FANS SKILL SHUT DOWN AUTOMATICALLY SELL BE APPROVED BY M LOLL BUILDING COOES THAT ALL SWITCHING 15 DOE ONLY IN THE a raArACTUR£R NS OPnON OF OVTTING.PcAnOS IN THE EVENT OF A FIRE ENFORCEMENT OFFICER PIPING'SHALL BE FIELD UNGROUNDED CIRCUIT CONDUCTOR. SWITCHES OR OF/OR COMPLETE ROOF.CEILING AHD/Ct FLOOR 2L I$* A-1 WEILIGS WITHIN FIRE LW TS E'SKILL TESTED PER NTS COOS SOU BEFORE CW ZALMENT. CIRCUIT BREAKERS SAL.NOT DISCONNECT THE SELn"Or moLLES.IF BUILDEt WANTS To Hof VC 3/4 PR MIK 1PMOW FIRE RATED EXTERIOR Wg15 32•BATNTL8S INCLtpTG CAROM MN3P00.t POT TUBS GROUNDED CONDUCTOR O'A CIRCUIT. ' CONSTRUCT SWIG IN THE FIELD.DESIGN OR WITH NOCOPUSU5TIBLE EXTERIOR FACING MY VINYU AS SILL HAVE AN OVERFLOW 1 1/Y MIK !0.TEMPERATURE LIMITATIONS OF TCRMIINNT10NS 60 DEGREE VEtricitnON Or DESIGN, TO Be BY A PE OR RA PER NTS 716b NO PLA snc INSULATION ON OR IN EmsiUS FOR 100 AMPS OR LESS WD 75 IN ACCORDANCE WITH GOVERNING CODES. TO ENSURE FIRE RATED ASSEMBLIES. !1 AS AN ALTERNATE TO VENTS THROUGH THE ROOF.AIR DEGREES CEl5IU5 FOR MORE THAN LOO AMPS. ' ROOF DESIGN DOES NOT EXCEED M LOAD CARRYING a,Nra DOORS.YLOOLrS.VENTS 6 OPENINGS IN EXTERIOR ADMITTANCE VALVES COHVLTMG Y1 TM RSSE 1051 BALL CESIGNE TS L M LOAD HE 09AG 1NACTUR OR INTERIOR TENANT.STAIR t GARAGE SEPARATION WALL BE PERMITTED FOR A SIDLE FIXTURE OR FOR !t ILLUMINATION-SILL BE PRoymco FOR ILL WORKING -DESIGNER SILL CONTACT M MA4FACTURER TO AL50 SKTIGMS.RIDGE VENTS.LOUVERS OR OPCMNS MLLTIPLE FIXTURE TRAP" SPACES ABOUT SERVICE EOUIPMCNT INSTALLED . V[Tt>rT M STIL SPECIES ORlAOE.AHD O.C.SPACING PASSING THRU A FIRE RATED CEILING IN A STAIR Or LOAD BERDG MEHBERS MATOW:LS TO. OR GARAGE SILL BE 3/4 PR HIM.FIRE RATED t -32.THE MIN MA A HEADROOM Or.WOMaNIG SPACES ABOUT COMLM OMITTED AldES ARE TO BE INSTPI LED OE SELF 0.0"S"OR HAVE A 3/4 HR MIN OPENING SERVICE EQAPMNT. SWITCHBOARDS. PANEL BOARDS. . �S BUOLM IN ACCORDANCE WITH GOVERNING PROTECTIVE OR MOTOR CONTROL CENTERS SILL BE 6 1/2 FEET. ' . - 21 MYe M SWINE OF A DOOR OPENING ON A STAIRWAY 31 A RECEPTACLE IS REOUIRED WITHIN 25 FEET OF EACH .:..___ SELL NOT OVERLAP TOP STEP. ... - _ HEATING, ATING,AIR CODITITOMNG AND REFRIGERATION - _._._.. .... ... - T. 2�NETS R rlXm STAIR 9q1 BE PROVIDED BETWEEN 34.METAL FACE PLATES FOR 5WI70ES SfiLL BE GROUNDED _ IR55 STORY t BASEMENT OR CCLLRL - - ... 2S Nrt- Ni ILS SILL BE INSTALLED BEFORE UNIT ISHABITABLE.,NiQtgILS FIELD INSTALLED t ALL WORK DONE ON SITE SILL BE APPROVED BY LOCAL BUILDING - CODE ENFORCEMENT OTIEER. MLDER/OEAL.ER HIS . OPTION Or PURCHASING MRDRAILS AND THE INSTALLATION - • or SAME rROI rawACTURDt OR PURCHASING FROM . A SOURCE OTHER THAN.MAN FACTIRER AHD INSTALLING . - SAME-ON SITE,11. _ • 26,8[gMtAIaMHUH VARTFnom in amen•RHO TREES SELL . .. LANDINGS INCLUDING BOOMM STAIRS.D TOP LWOINGS SHILL : BE AS WIDE AS STAIR 27. WIDTHS 0/,STAIRS SILL BE NOT LESS THAN •. \. . c ET a DOES CLEAR BETIEEN NaDRAILs OR PLUMBING FIXTURE•.SPECS. tN Y.SJ • BETL+csN Pf►ORAIL AND OPPOSITE WALL SURFACE.DtCE . - 94LL LOT B STAIRS TOR FEET OR ATTIC �_, . SMHtLL NOT BE LX55 ANON 2 FEET 6 INCHES L uN�Nn CNYIEI.SANITARY WARE . CLEF*BE7WEDN NIORAILS OR OCTYEZN 112 4- r _ pfmtRIL me OPPOSITE MALL SURf`ACr_ 2 PLASTIC TUBS Z u41•I8677 Ai SL `' ELECTRICAL SYMBOLS - - FACT=SMALL PROVIDE OPENING TKW FLOOR LARGE' 1 pp�,(ZF$IN - MASTER SERIES ENOUGH To ALLOW,Sum To coMPLT YITM NTS 713l ST�p�H�[�gPy� z 2.1 R61 ® rn RECE•Y - - ALL MODELS xoP -v - - `•tt 112.3siS19B7 7YOL t!'16INrfr/DTTtRLQtESI , �O HATE WWOOr RECQ.T ' .` - .- ®RANGE wro YCNTED To CET.. ': SCHEDULES 6 NOTES - s nrREotAs ciarst rIKTWItE R 1121a21eso RaI. •MUNCY HOMES. INC. t - a - ® fM FLIGHT vDATED TO EXT ' a PVC OW PIPE t FITTINGS OQ665-SS f6tR , . 7.PVC SOLVENT ClMDNTS'02564 A iS�TM D1 200A P'WELBOX THERMOSTAT . r L COPPEi ORAINAG[TiJBE.TYPE 06N. Mi eeo6 sz �} uo+r ' b owllc RcarT P.O. BOX 246, RT. 442 EAST.• . a Do?PER•WATER TAGe TTPE L N6Tn[I eats!aoTABLt1 Ty sIN.T.L SWITCH,.".:• .�j.THRLC N+RTT s�1TCM � � - � � MUNCY PA. 17756 _ - It ASS Ow,ry'C END FITTINGS A57M msz7-Da'. J&.5MOIQ DETECTOR �wJuscnom BOX : DRN BT DATE SCALE REV. T. a�Y H .. ".. 1L 1Bs-SCLVE/NT cero"fi6TR�0221S-ea'' � o ELECT DIED Ho HfTpRpNq�'piiSCpp � . . T Mee ILSOLM KCAL ACiTw B!2-s1'':,;- 1, 320 RtmT �� Wdy„R„p n•Z- -22-91 NOTE b2M6 S• j . STRIP OUTLXTs t :=Yi�l. xa.,. rt eoa JotsT stlnrWRl ry nT�T oer - ROOF StEAT►IM SOIEptLC • WALL 9EATMDC S0 DIXE • FLOOR SIEATHIW SQEDII • ,pp� 71 RYHOOp 72 rRTNOOD S CRTKD i N T4i RTW QTWO-14 M � . WIDTH SACLi Sib SP'CC'Jts AND cR CC Or GLOM.DIST L T SIIL SKCILs Ar0 ORfGC ROOft.JOIST-SQ/Otf•2 . . • • . ..7�Da SIEATM4 71W CA 9fATMING y23�sr : 1• [MA OR EETTOt►wTE2r?!4.N1Ar s1JDSTITJ71n. . wm.• Ls'w itw T4G 09 STIJRDMLOOR 2v I6• 2d STP•2 00 CMAL 1? S'r 2• STUD O. 9-FK3PQ P~FCYU=PM OPT10N fY O<CRLia3DO M' tv iT Srr NSOLnHo a oe COISL LS/3r CMDDATIa4 9GAT DC.="O n"r .x' Ir be srr wa oR[aJIL 2s I6- 2do sPr w-1 OR COUIL 1/r comA DATION'SHEPTFD c--=DC Ile S- Do JODMM 11rm PAY BE Law�D1Oq,�T x• x• id Srr K OR R ECL ZQ Ir 2d0 sTr K OR cast I9/lr T►mNG/SIDDO - . WIT"SOLID 5140 MEMOM O► M sw Wc= x• x• ado SPr WJM-2 Mt cast 3? Tr 240 Pr-2 OR COUAL y0•DOHBDATIOM 9EAT Dc/stOm SCE Gemom NOTE d AND rJSADE D+Mil CON6TRlJCtIDI 21 IS be STP-2 OR EMA ' 4- ALL Sjv%RT TABLES ITE/LCCT THEuM WDS zQ ie• 2dD Srf 6Mmo-2 a cam • ALL srEATrm+c 1s Aco�Cr RATED s Wi01 ATTIC HOOK Z9 aE'siam roe STDIB+GG 2S x- 2dO SPf w-1 OR Cali USE M ROOF SHEAT@O sCHEDLLr_ w 24- id2 5Pf ISQITH)-2 OR Ca/L 21 tr 24 9'r-2/-1 OR EMOL 21 ur 20 srr NSMIM-2 OR MOIL . 21 x• 2d0 3w-1 on caa 21 24- ■ 3,W Ur OR 4.b7 VV TOM J=OR East . 32, IT ba SPr w-1 OR EMAL ' 37 IS td2 SPf SMITH)•2 OR EOUAL NOTES: i Sr x- 2d2 319-2 OR M L 1. .DISTS Usm IN AN E)KTMo R APPLICAfIMN TO - Sr 2r . 3+?d Ur OR 4.b9 L4-TR{SS J013T OR EOL L HE PRC55 RE TEATm LLMM • SEE DETAILS ON SIT.9. . x• 1T td 3Pr GOVM-2 OR EMOL . x• x- 24 3rr-2/-1 OR Casa " 2v x- MCI SPf L3WTM-2 OR EMOL ' 2r Ir 2d SPr NSOUT)-2 ME East . 2R x• 2d STr-1 OR East 26 24• 20 SPr MOVE 0-2 OR East 21 tc 2r Srf w-1 MR[MOIL 21 Ir b10 SW MUM-2 OR muNL w x• 2d0 9r w-1 ON East LT Ir blo SPY'-Y-1 OR EMSL 21 x- 2d0 gyp-1 Me EMSL i 21 24• bd2 SPf wn OR EARL E](TFR70R CT(KVp 1 gTLE'H 41NLMOPY EX ,?=- a STDrV 1 S If1 SI IMMIIRY 40 ISr SNOW ZONE NOR NEW TMNK-60 TO 90 PSF G O100 94OW LOAD W.3 pDpp �{�7ryp�7O WDO L�� /'Q MIOOGHN-60 PSr WOUND SNOW LOAD 1 � VIpTM R SrM SPEC>L L GRJCC slaSPACING NOTE-4 VIDTMNur- s17E.SPECiCS GRJCf . NOTE .1 15 xy3? 2 z.4 SPF STD-SEE NOTE 9 Ir 9r m 241217 1 b4 SPf -2/-1-NOTCHED 24• 9r 90 24121 I b4 SPr w-1-1OTOED NOTE 6 24• Br 60 2413? 1-2 a4 SPr STLO 16' Br 90 2413? 1 b4 Srr STUD Ir 9G ID 2413? 1-2 2d SW STLD-NOTCNCO 24- sr 90 24121 2 b4 sf STD-SEE NOTES 9 t 10 Ir 9r SO 2412f 214 2x4 SPr w-1 tr 9r "so 24u32' 2 2.4 SPf-L-I• Ir or . 90 2413r 2 Lr2 be.sw snom NOT04M 24- 9r t00 24-37 1" - b4?r STD Ir Sr INOi[S Nf.TS SOWN PSS CLO"Tm CLG.HGTS MT BE G EATM 7 A b 24121 ''2 1/Z b4 SW w-I' Is- LATUAL BRACE 15 PROVIDED AND b DOES NOT rvfvm M CALM.ATED IDD 2413? 2 b4 ST-2/-1 Ir 9r LENGTHor THESna 2- NDTCNES NOT TO rw-T D A OEPTN or yr. SID 24137 2 t/2 216 SW STID 1r 9r 3-fVKF M STD A MIR MRS OPTION ARE BASOr ED pa ASING THE STD Or- G.SPACIN . S-FOR LNQTS WITH 12/12 R0Or SYSTEJLS USE 40 PSF SU MARr TEES. " NOTES 1-9s W"WDe 20K CNNmPVVISSts ALL AREin D= T M MFOM ie COLPM or WORiLSTM M NEW VtSET COMM OF ATLANTIC - ME Mr.N1 fwm me OwK IT DOES NOT VC.Lm BASS QVCR.1/dP0OTQ N OR WOODLAND TOWH510-3 iN BUILIK:TMN CO WTT. IT TOGS NOT INCLUDE WM ZONE-S IN mAS%C tSCTTS 2.90 Pr"WIND ZONE ocom-ASSES Jt.L IRDO DITSPT M PVWYLA D CMNrT. 3.Im rr"aWDO ZONE�[NAWPA4SES M MRY A D CMJNNTT Or WGtcc5Tm 4-MR PSIM 9O►u ARC CM=LATM MA NETS/VHT SE GREATER Ir . A b LATEML WCE 25 PROVIDED AND b 0000 NOT CXC®M Cot ft LATT9 LENGTH? M STD. S NDTOO NOT TO occem A DET'TM Or 1/r. S-Jg47TCTRCR NW OPTEON or ocowmpa M STUD OL SPACING. 7-VIA M6.aLNTIaO FM BASED ON C10wim C. ►PgWrCTEIr!00 NOT APMY TO A 1 STONY OCT WIT"A 9/12 ROOT OR'A ' S/12 OR 7/9 aw WIQC M ATTID ES USED ran 370RAGC ►MWIEVERS DO NOT PMPLT TO A 2 STOR LIMIT WITM A Ln2 ROOF. , 10•NMMC7ERS DO NOT ArPLT TO A 2 STMR LIMIT WITH A 7/12 ROOF . W=M ArM 23 USED IOR STOMIX MARRIAGE WR I qn n SUMMARY MtO4T1rY wpI I gT>n SUMMARY - 40 PSF_NSnYxL E roR KY TIM-60 To 90 PW GIONhO SNOW LMO . rOR MICHQGAN-60 P'Sr GRMM SNOW LOAD ....WID7N1 OI S73i.SPEI.'S3.GRJC g�C a£ NZIFxf WIDTH SIZG SPE IM mve cao NOTE .1 1 2413F 1 D 4 Srr STUD ir 9r•1 I 2413? I b4 sPr sTuo 1r 911" . 2 xyr. 1 hl sPr STD. w 9r 2 24'•2s I W SPr STUD-NOTCHED � 2v 96- 2 24121 1-1 V2 bS SPr STUD'NOTCHED 24- 9r 2 24137 1 W sPr sTLO I6• 9r . 2 24�2r 1-1 1/2 W SPr silo 1r 9r 2 2413? 2 b4 SPf STO 1r 9r ' 2 26%3? 2 204 srf STD 1r 96• 2 241s 2 In b4 SPr STLD Ir 9r MASTER SERIES ALL MODELS STRUCTURAL SCHEDULES R NOTES MUNCY HOMES. INC. �� _• MD P.O. BOX 246, RT. 442 EAST 1- MGTs sHo1RN ANer M m rm mA mm Par ae GNCATm Ir A b - N •tYmiMi IQOf17 9aN ARE OAL.MLA7m NEIO/TS NqT R GRDNTER IATLRJL BRACE is MCDvIOta Are b DOES NOT 00�M CRX"Tm MUNCY PA. 17756 i ►A 2R LATEEL Owce ID rADVIDm Im b DOES NOT Exc= Lem Nr M SlAn GATE SCALE REV. . P�.`-.; M CMA AM LCNP.TM OP M VWML 1 2 NOTCHES NOT TO C%CtID A OETM Or ter ORN BT N ycmcs POT TO CCCEa A OCT-TM or i/!. 1 i NW4""WwAR N"Omw w THE STD OG SPKDO PV#&FPCT%M PM WTION Or OCClWWO Tlf STD OL SWCM 4-►OR 1 s4T5 14TH My R0-$-Yom LJSE 4o 9 S1I1PA Tm= � - - - � � !� D.JG 3-l-w NOW 10-11-96 �ry_;.µ„J•* • I Wool rue reR .m->m larE.¢ N a IOTe.l2 ' • T >ez IOTC r2 :;•, r I� ------------_ -- 1 If aLa. a CC=f,lwol CMLM S'pgC" am ecTUTt -------_ I roe lmlTDt rmelp7¢RL in essfrwm.. I -, er TtE MwsACTtrwaR r f471 Y ^l: r 1tsE I !$1CR! b 1 2 Mr.CVVS!OM o4 rLOW n.Aq W%= ' RwoC I , FWfW61=LPCN�r fM I ST�ITlDG To omm am"QiQ SLL A i d , 1aim1 S rLporm ow S IzVCL .,. �l�swlaeacs or . � mQ01'IOr� amOOs ee>is� m1rt.srAt:rre riK/R+E i 9' War et awwwta9 Z•>H 2w me�wr sr 2a2 I I WA%a nam mm D E gD t sTEC TD AM I I ♦Cm 7 am & nsl»•r¢ec r06T " Sr mm-U ITBT � i rLrr�roe �LCCATWAU �>011 � i � S CPw&&WPM rntpcm=rr f�l =0+VRaar%M Ii��ym STM.Cmjow Tt$E roR"a � I _ 9F w>/CJBtiL 9Rw�iRF71 rl4lDm e7 0��E)EIS I e¢lorr at 1 + s Imoatr rlemr yes ro•+ml sm, ;a I r--, r me 71C --, .--, r--, I I T rMP TTZN CCM DT FM��'pAC?!!�� w rT°/s i i l i Par roe ergte mvwm 1- ".`;� I I `--' Tn11`N--' lama+ `__• `__ 1.1 I e goe a7s =itarm rf�nswer SUGG AIRS,NS RRIGt-fT _ SUG ESTED S .RIRS. STRRIGi1T 1 1 �„�„� , 11, H M q SCR_E V2--l-0' SEE H= .9 i 1 MM wa C 1 n�oea®e t T start[a M p I I r , i` egee0 CM ACrtet=ILFCLPM fxlO2T7D1�6 i _ I R 9usamm A F PLWS �Of wr T. I a sign ARE TPC Xgadmmrf ow<TIE oiLam c 95LGGESTED I rpQL tl Ef fm SITE wow I mwry � Rm�T►a tocmRLs MR 1 1N Car+4s7'mIv wi I , f! ft"wr sloes a m3K-sv ow am lore @ 4 r' 1 SE;.T-LP/?ST'R.UnT.0N OF'T}'E I u anx am►m =lCl1eL¢rnQPON v4. OR RAL �QN�@T' R PE ss�l TtlBto►�tooT l 44 K7a Tr cocrrlMa u291=3 UT Ill CCLAP"item 2&2 se Imre•t2 I ----- _ __ ___ _______ 1 "7i2?K!tS�1B+TS—R.L FLATTi CR LM tF f3AORTZN -----— - ----- - ----------- �+w� i+1 °re°•°ws-t "w r ' TYP: FOUNDATION PLANSTEEL COLUMNCING MAX. MT 2� - aDst Pogr S:FLE L4'+L%V L STT?Rr CENTER G� MEMBERS• 2a LNCT S= fi`MW 0-M SPAN♦MOMSUGGESTED STAIRS, U-SHELPE STAIRS, L-SHAPE — SUGGESTED STAIRS, MINDERS - 240 e8 SMZ 1/2`- -Cr SEE N= so SM E' LrZ*nur SEE NOTE 09 SMR 1!2- -Cr SEE MT E •9 23�•ICE mD - - a t sa•ICE 2ae LfZlX sz a wcamo r .L 1/2 TO 2 STORY CTR..GDZOER M8R5S� gLL 14iTEY6i3[LA80e RSJD�Lwaf srrm srr�®m �� ETJMMryom wr fLDOC.C¢St S fte RLR'Qf e[ZTs a P,,..Vf Rwr. ALL KATER4•LS L LPffit Re72D IRSLN 8CrMP%wF FL.owle-cw 8 !F .IT7 Cr MG QUII�y&pc Tlrc e�6ffi_T•ff TI£BULD t CETR=506N FREE SU..GE57M LMf SIZ RPCUN-,. MXj* 9Pfbi ?4.dJ LVr N rtv.rFc CK.7 t R. f L D E 4r tSY Hdlff�O/ OICT l fC LP-oxcrm CTEN rAZT MAPLT term K.L A-PL.•^A9.e nmm 2ra-Kat I ♦1,Q EQ I B�• ?J5 ICTC M mra rSfYL7 t1I711 RLL S:TE 4S'6G .. 2*'W W= 2.6 6 AErffit T•C' TERALTe 9N[:1.� _cwr Pftl= 2d0 B-r ge R= ZE•P lit 26 sir •¢ 26 S.L ILPM MM►are T unPDt }p. b ba 2a4 l�L�. eTLf.x>zDe Lf2'13t W Zd USiD1 19 S-0'1� 2aD 6TeDER ff/Ni16d N!O_t 7� l•SDLD cw N Cwfr rmm • Of TC°2 COURSES W 1/4%2 V?sT ROX RM MM term L�•1.+dD-4 NxI"JTAlr FN210t MT 2*PAX ' IN IRDm CAM Arno x Pc ca =Ric RM t°m,;jK CR� LV IN 1�5 7 LA Cm . NEW I II 6 Y2M7'RQQt SOLT& 5`Kk L e!'SDw-vT.AwcAm RK tz wT H=X=PLAM Ot eYe AND PN TYK fB ILI.USTISTTE7)Ie ld u07E: Tow CC'E/fiilil<.FQtT S.Pr.7L IDfe -L3 - - • W .•f• $N71e K Y .. ';' 1QTE, �AT�a R�?C a CCWDAZW umm M •rr,r■r STM M cn /ROD=TD M tatg3M Q r Nx sCCK of rDYlm WRLL p L' �7f R�yT+ b •• 13T£ 4•_ _ _ •'• K roSi rveo8l arxN°•A'QT'f is;or sm I ,T3� vs rovosTrT�rrc ooc ""'II+"°00F ow"Imm jaw vr,r a.rune w L+zm CRAWL SPACE DETAILS iCCae .�.:. COCJQTe SLaO R1Q70t eliT - SCFLO 1--16W .•. •" •.' - :::.„- MASTER SERIES 's= _ RANM Cif TWO STORY A. CONTEMP. �` • Y a seerm v w�cl,nae •��•' ;:. FOIJrJOfaTION PLAN 0.�TAII-5 6 NOTES •••% v rta cowtRtbt e>+t AUWY H0&ES. D�t- R� PA. BOX 24L RT. 442 EAST •1 TYP. FOUNDATION WALL CENTER PAJfCr PR. less Sty SAI.0 L'a� COLUMN OR re N BY Da sc�E Rrv. 1. NO. 1�T-0' ' tIRTATlsEE 1fYC M, 9.22-st 9136-E 9-22-M 4+ - ornls ens a t1Q11S aoe' ..► m a afr a ' 1 t • - - L----� BOX ' a,r,o-j r _ I V&Ta saauc a� � � L tins I I I : ,.--------_"" ==.; s �r 9°�o�taamVe waE a+auac uror yj Sm Nm n— - - ' e • �'0 ———J •,�'•------, ;i �wit i • ii "Bn BOX •1• ( ;; 10 rm nra LOMVZN fm UnLm mmm o•rsw CRAM' SP CE OPTION ;;'•, `;; r: _ I J T e I • s ;; zz TYPICAL ELECTRICAL LAYOUT s¢&m.Wn b. M-S I 3iD OARS I "R" BOX t ;;--6c -ml ----;, T�' w. � J --------� -•i I sa►mr1 I "B" BOX I I .. T J I I I I ' ,•:• .-. 250 IATT4 >Om IR11'TS m00 OMT9 - --_--- -----`---_-----• . TYPICAL ELECTRIC HEAT LAYOUT aaCPs to 801"IN SFaE? 1a 'o ,, t t t _'_C � i �Q T I • ;cI I .R" BOx I;; : _ _ "t __ -- ,, �U40 inn ; , ;o Ural I , slap BnH 3r4•e ' 18" BOX r i s'r' I �? MASTER SERIES I PrA !I CAPE MODELS I '' ;� '•' �' E1 crTRMFL 6 MEAT LAYOUT ;�-L—•-ii �— --« SAD QfUM — -- SAD unm L '� 9�CRJI L•--� i Y M r X.. -==--------+--=-___- --------ti- f----==-• P.Q BOX 24& RT. 442 EAST TYPICAL HYnRONIC HEAT LAYOUT DM BY D ZTE I S REV. Ha 0'gV ILL S-22-ft 214yi'-W I 5b KITCHENS MAY BE ROTATED 90 OR IW 2 PLO OR D,ITS C: IN OTHER DDt ZnM D+. S XITCXN OABDETS ARM NCCA COtTV= • dYl aWl NI Y,.1 d,•1 W.1 MN Q,4 d,.1 OlM- r♦(Q 9TAICIIC API �~ � . • O� �• oO , OO r va Q • •-_ _ _ --__ _ ♦. T K OMIT7MD TO ALLOW FOR pK!!LT-Di . CM-4 MACiBDCTS MT BE ADOM OR OErYM PROVIDDO ALL - = APPLICABLE COOLS ARE PCT. C , RnNx loco I J �,�•', QOn OMITTED To A, roR TYPICAL D E ; TYPICAL i 6 DST R�TTIDtt N SITE�Br BUlLppt PER A MGI HOOD _ F , RirGE mom �/ RANGE HOW l=J� s ��E a,.2 TTPl(7iL , , En 6TYPICAL w a r —� 7 APPLDiiLg CAN BE BY IVWACTIRM OR BJELOM v7 . , M m _ 6 PI� WRII.A IS fOT. „•�. Kn at ,� 9 WD�OOW OVER SING MRT BE OPIETTED PRON)>ZE¢LI[1CT Mr , -.2 O7 -.2 trio W.2 ar,.7 rn4 MQ dA•4 /l{ 1 AND VEMD.RT70N REpUIWhEMS AIRS MET. ZT.e*V M w V ewt an T l0 BPRS O SF'ACL IS AORD TO PLRN 1 PLAN 2 PLAN 3 PLAN 4 PLANS ii. 71F AND PROPER q.Ei S CAN BIE►T U CiBDCTS CAN BE D+STAI-Lm uaR ewt OR CIc7OaED CIIU E OR S Ci4 BC PROVSIED BY WOOD OR Lj I — METAL LEGS 12 CiBI ETS AVAILABLE UNDER Cot ABOVE BARS OR EXTENOCC ckrt_ l COlNTER5 CAN OPEN EITIER ONE S=OR BOTH SIDES K 13 BATHS MAT BE REVERSED IN PART OR Dt T/EDt ENTI CTT I / • 14 BATHS MAY BE ROTATED W OR Joe LU-Ji' ' 15 TUBS AND GFRDFN TUBS MAY Be IN ERofNGEO • B WHERE SPACE ALLOWS. 16 VF14TMS MT BE V; _ _ I _ _ _ •1 ALLON& /4D40.E OR OOtBC 8061 AS WPM • - f, li ALL BATHS WILLLAVE ID01AUST FArS Ot FAN/LIGM' Cet•4 COMBIMTION T1AT ARC VENTED TO LXTERIpIC . _________.. 16 ALL BATHS HAVE MED CAS AT VRQM 6 Towr BTYt 19 SEE SHY S FOR.ELECTRICAL G 20 BATHS F RE AVAILABLE WITH MEAT LAMP O'TIO/ R B C 'D E F 21 W141LPo0L Tuns ARE AVAILABLE De SOME BATH LAYOUTS AND WILL BE WIRED IN ACCORCSNCE WITH HEc AND racrACTIRE'RS RECOMEX)RTIOM 22 FOR NTS.EACH MCIUM$HALL BE DOIVIDUR LT VENTED. c=0-IT - M H I lyl J K L ❑ Q ❑ ? ® 0 El FM TYPICRt FACTORY GROUNFIING METHODS FOR METAL BOXES e 0.0 K GROW 71 • MWPMAIN FIXTURE WIRE FIXTURE WIRE T� THESE VANITY GROUPS ARE SUGGESTIVE ONLY,ACTUAL MEDICINE CABINET DESIGNS MAT VRRT. . i OR APPLIANCES 1 LOOR SYSTEM OF FIRCPLFa 2 APPLIANCES � SOIAiRE.AG(T '`________ __METAL BOX 1 TOl SIGNED SOT� D IMUU� T ' R.>CR27L 1LLUniMROe S BATH,EXT.RCCEPT. ' I I L 1 vtKtE f------------ rDqT1 S TAL GENERAL ILLUMINATION S WHI LI'OOL TLB tOPTJ ppp NUT R O C0012L ILLUMINATION 7 6 CD40 C D1UnUATI0N S Tom. �P x -- Tlb .. RANGE 9 e cENonL IulntN+na GROUND (TF` GROUr•D ` to WATCR NEATER SCREW SCREW INSii�E INNt CC FIREPLACE CORDANCE WITHn T�E . r� 2v rrX CLARA¢IN FRONT __ MHNUFACTURER'S INSTALLATION INSTRUCTIONS .. z.0 O 9QCR ar'<Mw' WiLCOO CrtOP 1l SCE NOTE •SAL OWES. •24 Tr 0 20 DDDKTaP 13 12 CRTCR KOPT2 9-vltE FEED 2-WIRE FCEO ff SEE GE: NOTES •2. 4. 10 Or DWG.3e. . 11H SHOWER tOt4 51 MDl 0194wi902 eDPu 15 14 Sr�im TYPICAL 3 (ri-WIRE GR rnlfl2NG _n_n.1CTION TYPi Al -WIRE .RO Kr.1DIN, JUNCTION ruFxaAvE mPu tT WALL Is7AL n t`— 7YP OPT FIREPLACE SPARE 16 GARBAGE DISPOSAL• 8T OTHERS ff '' SPARE �IOE�LCD 10-2 FIXTURE WIRE ' �� SCALE: 1/4-=1'-O' TYP. FIXTURE CLFARRNCES ----- SPAR[ SPARE BARE GROUND RED SPARE SPARE WIRE BLACK . SPARE 5PP41M NUT NOTE ELECTRIC HEAT wl w2 luCTRIC HEAT SWITCH IS OtOLNXD TO 1 BOX USING BARE MOUNTING ELECTRIC HEAT 4 [1ECTRIC HEAT GROUND SCREWS 4•2AW4 THw OR TWNK TO BOX GROUND BLACK , SCREW RED 2w AN BARE 10.2 WIRE rEED FIELD NOTES FIELD NOTES CL 0)AHP T•16 GROW L efKla�t ISTALLATICR PULL 36 %CC3 OI5CO+GCT T•7 META_ BOX TO BE USED s[itvteE[MKeA 4z CXAdL I SPAC[9 1 TO rMADe atOK+mt a TO tt SINRE POLE eREAl= 13�T�7 2O Foss T•1B rOR WATER HEATER 2/O COP'PCR OR 4/0 R.WN M OLACK Oltcopvc"Wow IS PUT UNDERT•39 015C0+•ECT SWITCH S1M.7m 4 D4TAILD eT OTHERS SCREW TAB ON 8REAlWL I00 ArM► • ALL WIND ARE TIOCTUED UCOt WHITE at NEUTRAL vaL a PUT t/iTR ORCAmt - TOeIIL3 W SPCC9'ILD De NNlACTlACRS SLEW Dr NCUTRAL eARawc . v Ir DVL,cuc er+oR,DCR a;GROUND wK'Ota^""c°' p SPACES U=7�ca.r - MRSTER SERIES THE P'ACL BOX a eU�USING A �AS��RPgj NTH TK O VT L� ALL MODELS NOITIow I TO Toe M AOOI Z er A scevo wr WIRE MISCELLRNEOUS DETAILS NMIITL ewe I7rt0 M eOX OOIW uca A SUEDE SCREV TAD IN T105 PANEL IS UTIL72LD roe •6 GROUND , THE OOILC POE DRCFOOL EXCESS COTS, A INSTALLED SUPPLIED M D4Ttlaae KT o M.ATpe rvlrc ONLY IF MIN IS FULL, AND ---, MUNCY HOMES, INC. 30M'! OBt BY OT�RS M OCWEED CONDUCTOR AT TIC TYP SUB-F FD nFTAII P.O. BOX 246, RT. 442 EAST Fv5 a tat v v amcmrr bilp�RK Slit. 2 TOM TO M M C2e alll Omuwc KO.QtR000 lJlCII TK NOTEa CLOSET CONFIGURATIONS MUNCY Pa less P®MS O ATTACHMCWT O'M eoaac urge anL Ks ALttSSlelc I-THE 101N PANeL e0X 15 A KfHANT e1QTv400j5o SCALE: 1/4•=i'•O' DRN 8Y DATE SCALE REV. T. N0. TILLS D TO R OOC oN SITE eIC%A C7 a aox 1 [ TRBRSC Opr1[ M� g.�_gI NONE. 6-24-s6 m KACLOtZ D4 ALsomAa WITH OOVDpmO OmCS 2•TmKmm 01 at vl A O2m^e''�rwolc l d�mwb_6e .. _ vflClAl1 REO.1[T"LvE REOD TO BE. _ - __ VACUUM RELII!VALVE WOOD TO� DBTAII.ED ON SUPPLY pN WATER INSTATED oN SUPPLY ON WATER mYR&INSTALLED OON i LEVELS R.LwALt ON LIVM•LLVC LS I I�r AIR CAP I FORE STriOAi+flS IL gRICgaE A E r SS 9fT•!a KTS/t>RiaNL ISPiCE HOMES v-/r = SELL NDT PEI'EFRpTE F2(✓f-RATED SHNTQF T4P VALVE S BT TOP VALVE FDl nx COX TO SINK fiXTIRE - - NOTE•13 SHUT-OFF ���v t �yp�gg_�1JA'p1 .. 9HJT4r5 WD /V�.YN voYA'As£r ar NvowaV LNAaT[R HDOC-UPS - I S D�iVT �C1 RRE 94lFVr MLVL4 A m OPT.OR AS apt OR AS . L.• 7 CvOEOF TCyE, T��O SIg A�p�yp� FiC:TdtT MADEa 9tR•aFrS 1? - DIMOCTED TO SHUT-wr 3/.' 1EXIERIOE rorm 6 U&0 2U W OADT&►lT IN ACCORDANCE yr SEE NOTE•19 •3UTdr YAW vM fYF t TNF M N•DN st_v 9 FOR KY S ALL F T(TlF3S TO PE INDIVIDUALLY VENTM W)L MUl DZ!!i to OL SEE NOTE•19 1/T 74 C Alk.J276* STEEL PAN WA NOY rTfv NOUN n>a � 1/r A' l rl.R SUT-OFTS rL1 SUT4T Wx!RUST BE Posmaho)rOR AR CAPloom FDl SLR SEE W� 1•IVµ PVC F7µ FLR BETO INSA�SPFI ESPRfE A6 FROM�MCATE AM�R. T•19 H FIR FLR 1•PVC ELL 10 EO(CELD6 7S 1•SET LDE 6 REW!!QII L� t H H ' INDIRECT%LY TO R fi3Zl><t0 FREE PIPE DISCHARGE C (FIR FLR FtCRQCiL VENTS f>�PRMCMTM C • 7 AIR I.TiP u tE]R TT1tfC LoOAnoN TO(E APPROVED BT ; 12 •�S1RFD TD TK KIT SINK R AV SIPR Y TINT/SHOLIFR SLPPI Y �SNRFR ral-IPPI;Y TWEET - ---O HOME L rcLNoAnON O'IELOI - N S� 9CLL tE CONt2TED FA TORY NST I ATTON FACTORY INSTALI ATTON FACTORY INSTAI_IYATTON TO HOME �SEE1N7 v APlTDG TM FOR RELD3 VALVE.F'h1D DBTAil[a WO RODENT PROOF SUPPLY SEE NOTE•19 pATRiiNCE SIELDI AFIELD 061LL SPACE-TO EXTDO ABOVE ruMT rLOOx.Fm SEE NOTE -16 WITH(;MDL ADZ OAP. 9/.•D-R101 vN•DUET 6'IELDI LJATFR HEATER SI DPI Y BASEMENT-TO EXTEND BELOW FIRST rLOOR WD r vnt 9rz r V.T.R. WATER SUPPLY TO SCE NOTE•10 AC OOLI+NARD TED St C qDl qRT TO� OBJECTED ERIOR WITH nSirEL7 OTHER DWELLDC MAIN SUf- F-. TORY R FTFl D INISTAt N ATION BAgIYI+T ORliDN V1TH ILDI AIR�- ' UNITS SEE TND-m OFT AF7ELOI NOT FOR NEW YORK STATE TO BAN A DEMATELY RATED TEAP WD F'ASSStRE RE1IIF 1 I/r WATFR H rATrR SLFM Y r ym VALVE IS TO BE PROVIDED FACTOR? R FIFl n INSTp I ATTON CLOCRTION OF WATER eEATM Znd STORY CEILING Ttr S 1• FOR fS2 W SPA('F (]PYLON srrz__1"Ik Yet �¢ 2ad STORY CEILING ��-HATER_HEATER IN/1o0lLL SEE }y OPGEP04T OR RAISED RWCf WATER NEATER IN BSMT. R.I.ST /LOOK r/'IS rIK rL W/ WATER HEATER IN TWINY. SPAT- NYS rl1L bd STOAT FLOOR 1♦ FOR NET/ VORK AND STATES Sls-ECT TO FROST CLOBLW, rcrI.Pvec Mani TIC 61 ' - NOTES AAIER NEATER MTRUENINGY ONSTION SHALL MEET N.Y.S. t tit A / 1st STORY rLOOR DWAJ C D TO rr YTTRId STORY cen-ING VO4TS TO BE C T LE14ST BELOW RODE fVlt Cir THE On=A�r Ol i CODE 902b 1991 KYS ENERLT CONSERVATION CODE TABLE 5-4 * f NaeT et pN+mTR IOU(Hiryi `t SWN. TEE a NATIONAL STANDARD PLU'MBINtP COOS 1016 LSiiTET rl m lII�f ' IS ACCESSIBLE TRFIP5 ONLY SILL BE REMOVABLE WITH T.Lr ,N� OEVICESi EXCLUDING MTERIiLS I WON IN TRAP SEAL OR HRVE C1E)iN As TRAP. DfcccssmLr90 O'D@f'SWE I•t STORY CEILING. , i `-If (�� TOILET ROOMS 04MOSM NEATER SHALL H FUT ACCESS NO rUEL BURNING WATER WATERS IWOFT 9LEMPM,BATH PArEL 01�.'''' Ol tin i I1Q06 R.F.WIOJTS J�a 9HLL NOT HAVE 1•t STORY FLOOR ' H ' OR DOOR LARGE ENOIA,TO REPLACE NEATER HEATER i � � 16 WHEN VINTL S INS ON FLOORS IN BATHS at7 vT• ACCESS SPACE 94CL NOT BE USED FOR STORAGE.OR CLOSET. i t? I UTILITY AREAS.VINTL CAULKING ING S APPL=AROUND H O1 r.7'H. r D45Tp1An0N SHLL BE PROTECTED FROM FRLEZOt. ' ' ' WATER CLOSET. AND EXT43Z 6 FODT►Oti1 FTf�S LET: ELL 1Q LT 1ft ' /1�TM ti siTC L r P-TTtip PRESSLfE IE/1PERATCRE Rt1IIT VALVE SA1 PD'E TO A VISIBLE �y,.� it i : . KET. SORER a BATH OATH 5HUAEW WALLS OR 6 FOOT .UM , H AIR GAP AT FLOOR IN THE SW SPACE AS WATER NEATER WHEN I � FACTORY RY FOR TEff"R GYP"WILL PROVEDEDMGm DI LT a LONG TUN tr 61 H WATER HEATER IS ON FIRST OR SECOND FLOOR A PAIN SHHLL BE PW40CD � ' ELL I 7¢ � � � LT a LONG 71JA5N FACTORY FOR SITE APf'LIID TD-E OR 6 FOOT HO:GH a ITS DRAIN L PIPE BELOW FDRST ROfR 01R"PROVIDED IN H ' I MOISTURE RESISTANT G1'PSTJM Hit PROVIBED IN r .• S,HOLNFR [)RAIN 6 NT r V.TR SHALL FOR SECOND rLOCR UNITA GRAIN SHILL PIPE a DISCw*m ' ' TEE FACTORY. VI NT.C ULKI G S APPLEED AROUND LT TM r Ol FArTORY INST 1 1 FIT It7N I DIRIECTLY TO A HAZARD FREE POINT. I �• I BATHS.A PIECE t1f 4 AND_.MIN.PLAST ISIC LAID TWO STORY (SFF SHY- Cu.TI a r ' i Err' o yr OW SYSTEM 1 S1rz : TOE hZ '�A •IM N tlmt CiizPEf.WATER CLOSET S Ci11SD W/VWTL THEN CRPET IS DNSTAC.L.ED C�BtT NOT rOR NTSU 1 I/r i 1 TEE 17 OORF04 SCOE FOR S HATER CLOSETS SHALL BE♦•MDl r WASTE COM82NE0'NOTE:2 LAYS 94LL HAVEic O1 �TM N �, TEE i LT au ; LT T¢ tom- j MLE � O OUtL2T DO SPACED A DISTACE ABOVE THE H rW THE A85ER TO FDRIRE DETAILS FOR TRAP AND t it f111 FIX.FLR 1 I/7 v'tTMAm j t 1? • -�� PROVIDE M AIR GAP COFORMDG%aTN�a PIPE SIZES NOT SHOWN IN THE SCtEIWnC in Oi A TRIP LEVER i 5w TEE �„ •, ' a,_ EXCEPT AS OTHERWISE PROVIDED IN THE RODE 902E ' T ' • I N? WASTE 517E 517E LT GL {i/t 19 MISDN OW4Vr&Y CRfiNL SPACE 6g1D SIPPLIEDL . FIRST FLOOR rDMSZES SHHLL COtECT'.INTO • H HORIZONTAL BUILDING DRAW MORE THIN 10 PIPE 1 �(�N I TEE t lO1 ' �-N.�_SWt TEE LT T[Z 1 ( LT G1 H WATER SIPPLT�PDPING SMALL EDIID'PtD WITH ONE" DIAMETERS DOWNSTREAM OF STACK BASE WO .T¢ t . VFILVIE TO SHUT OFT THE'WATER NOT CONNECT DUO SECOND FLOOR DRAG!STACK TM •' .NG tR/r .`` ' (' 1 1/r P•TRAP stiE t[I ♦ i F7XTlH5;.5 WO E(11D'1'[MT DI EACH Rss'tAsn7't rev-P�DG'^:: . r0R STATUS OTHER THAN PLY.A LISTED t f `-H yr ' !�'1 1? LT Al r i ,I LT �T - ' W/S= WITHOUT INTERFEREICt-WITH THE LATER SUPPLY TO . H,.m - ,t yr OTHER DLAELLDG LfCM.OR OTHER PORTIONS OF.THE.:MUST B .USM RAnw FIRESTA,T -ING. ' t LT TEE.. : '+ ' ..�, Elµ SLR L►Q:CbNTROL".V'ALIAES ICE::-l1L15T BE.IF,R.T3 IN THE FLOCK'CEILING ,-^'/ \` i t/i' I H • SUILODC:.SUCH.0641 N nr_ L7 �� i ' 1Q 4 z ' 211 SEE.SHEET G.FOR TIP.FD(TIRE CLEWdiEES, c,_... FDA RATED ASSEMBLY.. IL t_ ' I 1?P-TRAP o' H BE LOCATED'WITON THE tTLs't H DC rrc ORATN R VENT LAVATORY DRAIN R VFNT 'T[C r SIrE BATHTUEI �T �` FA('TORY INSTAI 1 Fn _.... FACTORY INSTA 1 FD -... � v+iw s 1 TTI , t Vr Ot �R11 10—• LT ELL i vr� 1 Lr TEE � ,• LT Ol t iL7 9rz wrC [LL 5trz Cu. r VTR DRYWALL COMPOUND TUB OR SOWER DRAIN O1 r� H r ssrz t t/z(x r SITE t 1�TEE •s��/' 'L i TAR OR CAULK AROUO OPE n(1 S lag(ALL s SIDES) r r LT TEE ELL vr i RZ OE7A� CA lT2 PERU1tZER OF VENT FASTENED TO DECKING iQ IfBC LT ELL L, tAZ ETHER 1NSTA1E0 BY LT Ol,LT 0<.A-. sTE r t T <LT ELL tT SW PIE OR CTAL TTP.FLR DECKING OTHERS I/r .•' � `'.�` SELF- CAULKING RUBBER 1+ ELL SITE 'i ur BOOT -�,` SIDE IN.LT LT T . 4'' 1j A? TEE 12 mO 7 FL.A150NG E7ff•OSED LT 0.1 L LT ELL Omm1 P5'C N OII- T (� ON DOWN SIDE TYP.FLR JOtST SITE. H� - 17 nIµ TTP. 1/r MIN. DRTWALL FIELD i t/Y LOCATION tv R SEE NOTE -8 i INSTR-LED BY OTHERS ArTER TCC 'arM m Loot . O.L l� a •10 GEHERAi- DE rRAMING 15 SECURED TO TWn STORY (SEE SHT•J• R 2k1 r IUM CMCRL vaTw 7 LT 01 RLYtBING NOTES = DECKING nWV 9YSTFM N _ ILL T TOE ' yr Wye' SHEET �' FIRE STOPPING AT TUB F. SHOWER NOTE WHEN COPOINED " ` � IX iQ • f i/r REFER TO FIXTURE DETAILS FOR TRAP WO I¢t/T •S 61 1 r TO r OR 1 1? PIPE SIZES NOT SOWN IN THE SCHEMATIC 517E r SITE REDU¢R(TYPICAU LT Al Li 61 FHMIZIRST rIXTURES 941-L CONNECT INTO ONTALBUILDING DRAIN MORE THAN D PIPE SITE LT T¢ - CK BASE AND NOOTT CWECT IWO TERS SE�o rLOORR DRAIN STACK. . LT Cu. VFNT TH RU ROOF DETATI ' ILL FAr TORT INSTAL I ATTON r V.TR r V.T.R. r v.TR r V.TR DISHWFGER(OPT)DRAW LOOPM VENT a ILA ON SITE UNDER CT.OR T4RU AIR GAP 'By ODES i 1 I/r PER r~. INSTRUCTIONS TO E TIED IT FIRE NOT r VTR FROM Ia To BE TIED Drto w+Tu+G "'11.t F(x rixTuss ' FROM 10 FLR FIXTUES 1 1/r . H SINK DRAINS 19'MDl ' 2'STWDPIK i O.W. r ORA1H FOR 1 \ ._ ElEED DISPOSAL ..2rd fLR PLIIIMBINC• NY i MAY Be OT w Em CLOTHES - . (OPT) DD'O •'. ' wF&iot IS ON FIRST OR (OPT) i SEC"rLOOR SAµ TEE ' WELLS .ST11.L5 . r P-TRAP r AUNT.WiLSTE 5aa Ta CONT:WASTE tE `. .. T•••�•W� r .•.r WC- -r ; - MASTER SERIES •T BRANCH RTTDO J/ ' F'ViNCC i rLWGE ' ►TK F1R •11/r P-TRAP 1 vT• r P-TRip rDt►LR FLOOR ALL MODELS PLUMBING rtANAx rtaoR rL(xR GSAPAPED a�neE1ED MUNCY HOMES. INC. •r W/oISHH+ASot OR ns CODE REQU1AREs P.O. BOX 246, RT. 442 ERST LIALSlfR DRAIN a VENT K13; SINK'DRAIN C VENT OPT DioNuASHHFR H•""'P �S'H'R S[?fPYtT I[ Ef91N VFNT STAOC a W[ SECU40A Y V NT STACK � u� . FACTORY INSTa I FD FACTORY LNTSTAI I ATIt1N EESIORY iNST4i I ATTON r .1-MIS EECIOR7 1NNSTa 1 ATI[YJ FACTORY INSTLZ L ATtON tt i 22 [O'er tt S OR AT Im FST MUNCY PR. 17756 SEE SHcET Sd GENERAL PLUMBING SEE NOTE •12 EA�TLI4T ON CPO,VERTICAL UNIT SMALL HAVE p.E (FACTORY tNSTq I ATtnN-flsnT P1mFT S1 DRN BY DATE SCf�E REV. T. NO. NOTES - - MAIN)INCH MDOMU,STACK. - • DNT�NA MJL 3-22-91 NONE �-21-95 6D ' f i 11QT MQT 3Dd NRnS■da R UITOt IOi7Ct 1 SNOW ZONr: 40 Pam, 60 PSF, 90 PSF- N_Y S. lmw - A= ���,�„oNOTFSDarr RlD6e IOIT sIi_aT eux me■cxn er,oe Im■s oL etas Lasoe 1 TOP ltrpa DQIiiLtD o/SATE Mr.2A eT� m ��,■T dt R�Tpt !4 ROOYD 1Dd■S ( - 24 ,2 / SfM�DETAIL -R" mur.mm%09 m Br elltme ------ SFM�t� bP army FRDt� 4 ALT. 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RAIL- RLL E'RG.1I S WTI -- BCE.tii.t9 SPT�' gM NOTE� RN2IFM FALLS - X .. SCALE.' 1'�T-Cr . SCALE 1--1%-(r I t 24■2,V OG DR 8 DG v4ItARQI wro8 -T*RDa' FM N.YS STAIR NCSDG WILL SLT 9M>c fLR 9Ptr^'$,:aeDDE C' ' SF4�?G __. MM�5TCE... _. . BE 1 Ye'M/W F9N.TRM 9er..Ai , 70 N=FU Kr5�l ��� PLO=S1� CDNf.9D(.1.0 -�T IDS ' FU'K D DIRE TLYTDTD ovm sionac SEL 9: Ro PLm sr= Vwvvv1 2'FLLF%FLPSTOG S T rtme-law Jumer Pr. UG Ilws m E E1X= Ra � ka%Lal=N W IL 9PEISE9.cRnoE 6 oL 9PAII116 /eT BLZ.= 53=of am DETAIL T' l yr OR KLT W Or- Xd=-N:M= I !HT.min c er AL40EY ■ur D:Cr aim "E- =BT R _ DFTAH! "H" DETATI "T" QcTATI 'IT" FOug7imt mr%ns t a-am SLRLE L%q'-0 SLRLE 1-=3-0- sTAE 3-T4 zs FmL 9CC 9-ff. to For sn"DETTm.9 i 9r= 5TRaa ITT a 3.= _ ——————— i i hE TCE)fUL 2-W NVL DCH 2-Ad mw EIOi Wsym RAFTER eT BALM TYP_ CROSS SFCTTnN L er am= 2-24 M/vr PL7 U MM 3/2'-r-0• 2aFFC"NM TOpgd:led MAO_■MM I roar er elmme roe mTAO.S. 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'R' Al T D FTATl "A" DEfRIL "R" OETATI 'B" sCFlL C s~1-0' 5CFLM lln'-M =PLC L'•1'-w ---------------------------- i 214 W,2- Md Qwf LA.LAR I/P 0 e0.'T smieD er a taoex II Md WLLs a;'OL org= ' er el8I1ZR 3406 er B-M 9 OR II DC-TRIL Irs' 7M STUD id70f STEATMNG �� - p S - - BYTC ca S7= 2Q LZ,� - - - DETM 'D' DETER 'E' r-SI&By bm5ex a: . -- ZI-13rRPLER 'lk DF'TRIL "D" c TAIL F` INVULNNTEN Y/r3 �TD %s= \-MM-TT-cp PA%LW_rat SCALE I`I-0' ' SCFL Q- 1"-7'-M - ON SI:£rASTMC!r uLM DETRD_ F sel ., � esaa str.au SCALE: 2L OR 28 OLYSI LD=STIW art r E*e4TR W RILL I, � sr�AE ores BEPRtra uNu,is LOW TWN I I/r - OP71MAL 9/12 17/17 ROOF w/ inTST Y E RAC T R SYSTEM � M rasa. er am 4XW1,.. y� 26 ad mx wre on va bg DEDBI "F" 4' WTTM= slr ec m4 or spa By MnL= DETAIL T" sra.E 1K a 25 & 28' WID MRSTER SERIFS CAPE MOOELS - ALTMZJY TE DETAL' S CROSS SECTIONS i _ MUtCr HOMES, DC. - PA. BOX 24& RT. 442 EAST ; MLNCY PA. 1775S OZ BY DATE SCALE REV. . NO. 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OPD4 CLG R 2.4 J I I!I wRLY�T � rp�L - • • ■...... u.■u■u•u.• ■ ■o■•u u■■■o*.M■•o M ►rcR ry-Dcm �a6D THZ ARM � �2dD.I Awl % � OVAr WWrM OF OF�L - CPEN CLG 13 , TR9i OfT. nsa er LaCaTSTr LWT wFlia tr r� c MRSTER SERIES I LtSSirID1 RD-LE MST ?2C0 71P Q OR 2 CFt 9-L 1/tB V �STMN *P W a� TmP�E MST per a' '$ft we s� OPO4 CL6 +-v CAPE MODELS wi®r 5'S7IDN -C C- rtr Maa D m e a FRPADC DETAILS CP[145 s>-r_rmnt npr cliAl FT t OF'T SYSTEM P.O. BOX 246, RT. 442 EAST WALE; L2'-I'-0" Fn m NCY PP- 177SB r-HFFT PLAN FRRMTNG_ PI C�i t.�i�;rol rS,�oY D-n FT P. ti.!/Bq c r DRN By I DRTE SCE Rfv. NO. ALE L4--Ir 4 SCALE: L+' D- ��a� M.L 13-2Z�91 91D41V �-Z2-95 I 8c I� . • i SEWAGE SYSTEM PROFILE & DETAILS - NOT TO SCALE TOP ' FOUNDATION 47.0 v � 48.0 FINISH GRADE 45.0 F.F.= FINISH GRADE= 46.5 FINISH GRADE FINISH GRADE. 44.5 LOT 22 OVER TANK= 44.0 OVER "D"BOX= CAPS ® ENDS OF EACH DISTRIBUTION LINE °c48.01 0� ry LOT 23 49.71 35.81 RISERS & CONCRETE COVERS TO _ ---- - - - -- - WITHIN 12' OF FINISH GRADE 3" PEASTONE 16 .00' 10"TEE INN. 14"TEE 42.5 4" PERFORATED PIPE 43.0 42.75 3" vo" 42.17 SLOPE ® 0.005/FT. - LIQUID DISTRIBUTION 3/4 TO 1-1/2- CRUSHED, - - 35.21 z LEVEL 42.34 BOX 42.0 WASHED STONE SET LEVEL LOT,, _ .- 2 ������-., 1500 GALLON SEPTIC TANK 38.81 � - 1 21 499 s 5� x7IZ7 sET LEVEL BOT O = 40.0 1 �� 3 25' LONG X 2' WIDE X 2' DEEP DECK-�'� -U�f J C) �'� �' LEACHING TRENCHES . LOT 28 ��� � C. PRO OSE .51 o t CC - DWE LIN N LOT 26 C, . � F.FL. 48. DESIGN CRITERIA 108 - NUMBER OF BEDROOMS 3 PERSONS PER BEDROOM 2 • 46.2 61 39.51 DAILY FLOW PER PERSON 55 LEACHING REQUIRED 445.9 SQ. FT. - 49.61 0� 36 LEACHING PROVIDED 450 SQ. FT. 0 44 - �rn - CALCULATIONS ! 10.�; -� � , 1 -SOILS LOGS NGTI-h ____ -� ___ _ -•".-_ ,. DEPTH+bEPTH+WIDTH LE _ - L 1 42-- -- ���� 0 ,. 2.� �: 4 -Q 41.o PIT1 PiT I - . k o I + � _ TOP & ' SUBSOIL 1 l ` 40 � 18" I CLEAN 66.10' `�6 3 �,41 WELL GRADED MEDIUM 4 .91 - SAND 8. 31.51 4 7 1 .. GENERAL :NOTES C R T . ' ROAD 1. ALL ELEVATIONS SHOWN ARE 29.0 NO WATER � - ASSUMED. 144 2. ALL PIPES IN THE SYSTEM TO BE PERCOLATION RATE = 2 MIN./INCH v61 CAST IRON OR SCHEDULE 40 P.V.C. OBSERVATIONS BY: ED BERRY N/A 3. REMOVE ALL UNSUITABLE MATERIAL BENEATH THE INVERT ELEVATION DATE TESTED: 7 11 91 _ FOR A RADIUS OF AND BACKFILL 43,01 WITH MATERIAL WHICH MEETS ,THE TITLE V SECTION 15.255 REQUIREMENT. 4. ALL BACKFILL SHALL BE CLEAN COARSE GRANULAR MATERIAL FREE APPLICANT: MARILYN 0 BRIEN FROM DEBRIS & LARGE STONES. 5. CHRISTOPHER COSTA & Assoc, PROPOSED DWELLING LOCATION MUST BE NOTIFIED WHEN THE SYSTEM Is INSTALLED PRIOR To PROPOSED SEWAGE SYSTEM LOCATION . BACKFILLING FOR INSPECTION. 6. UNLESS OTHERWISE NOTED ALL SYSTEM COMPONENTS SHALL :BE LOT 27 CHERRY TREE - ROAD - - - _ _.--INSTALLEDIN _ACCORDANCE _WITH MASSACHUSETTS TITLE V SANITARY -------- - ----------- - ��. SEWER CODE AND LOCAL RULES n I ,� � ,, P,�" aF s WHICH MAY eE APPLICABLE w A BARNSTABLE (COTUIT) MASSACHUSETTS PLAIN VIEW ��� s9� oc��� WORKMAN-LIKE MANNER. yG� SCALE: 1 =30 DATE: 12/6/95 OBRI-L27 LEGEND SCALE. 1"=20'' o T s� �'I o � BI I 7. THIS LOT IS NOT IN THE FLOOD PLAIN. to �. 305 814 �f 8. A GARBAGE GRINDER WILL NOT BE DRAWN BY: J.A:B. CHECKED: JJ/CC JOB NO.: PROP. SPOT ELEV. 46X5 t.. , �o INSTALLED ON THE SYSTEM. q f ISTER�� ��, .� STEM-. TT' r� �" EXIST. SPOT ELEV. 36.41 '�o ° - � �` 9. NO CHANGES SHALL BE MADE TO THIS PLAN CHR1S 1 OPHER COSTA [X assoc. SUR�1F `A L ,," PROP. CONTOUR = 42 �_ �''` �'°' WITHOUT PRIOR APPROVAL FROM CHRISTOPHER EXIST. CONTOUR = '^L� 42 COSTA & Assoc. P.O. Box 128 / 465 Main st., East Falmouth, Ma. i i t SEWAGE. SYSTEM PROFILE 8c DETAILS NOT TO SCALE ALE TOP F IJ 0 OIJN ATI N 48.0 I F.F.= . 47.5 N H GRA E � GRADE FINISH GRADE " FI 15 D ..FINISH GRADE FINISHA _' 47.0 ' ' _.4 0 OVER TANK OVER D SOX OVER LEACH PIT , CLEAN �_r, » BACKFIL L 3 PE STON a A E _ - S CONC,.�TE, RISERS TO USE , N_ 1 OF FINISH GRADE --WITHIN 2 lot 22 : _ 10 TEE 1 E 45.0 V 4 TE 45.0 IN . 7474.:7!5! 000000000000 o� -- 4 .50 4 a » 4 000000000000 44.4 ��4.3�3 0 LIQUID DISTRIEUTION 36 I 4 : 5 ...42 O 00000 O a LEVEL BOX ( 000 O. O , 0, _ w w — w z I z 1000 _ ... o o GALLON SEPTIC TANK 000000000000 _ s - i �... SET LEVEL O O 3581 000000 O 000 ; � 0 o i o lot 2$ 0 w . ._ ,w f 000 d OOCaQ0000 ,. 38.25 __ ion 23 .. BOTTOM 000000000000 i 5. 38. 1 __ OF PIT . o - M d e k , N 01) 35.21 9` r 37.21 I fi o i • W ., 39 51USE A 6X5 PIT WITH „', 4J6147, .5 - .1 STONE ALL . , LOB 27 36 OF N E L .21 ARO UND _ 9g 5f 21 r 4 01 ; . e - W g 4 , co 6 to • f be , DESIGN. � � 'D�S�G CRITERIA A _ I 2� SOILS LOGS lot 3 ` '0 . .48. NUMBER , OF BEDROOMS . . 1 2. T .. PERSONS PER BE DROOM_ 41.0 PIT 1 IT 2 C ' ' ;P SON:: 5 5 F �. DAILY FLOWPER ER , to s ub _ 330. - , LEACHING REQUIRED b A LEACHI R Q E _ 678 o. LEACHING PROVIDED 18 n _ CALCULATIONS CALCULAT ON _ 0. 85DK,_ 11 .BOTTOM 7 clean I SIDE — .14 D `H K ,5 well graded ei ad d 3 •51 g 1 7 G D 7 6 $ P .[ Y _ i GALLONS PER DAY med.sand 3 - .41 _ 4 GENERAL NOTES r E N 49. 1 , 1. ALL:ELEVATIONS .,SHOW ARE a� ASSUMED DATUM Pb NE 29.0 IN 5STEMTO >BE < : no h2o _2, ALL PIPES I HE Y L . 4 .171 R .C. — CAST IKON OR SCHEDULE 40 .V PERCOLATION RATE — 2 MIN. INCH �r N: D BE RRY RRY V E S IONS BY. _. .... .� V I B 'MATERIA OB ER AT N .A 3::REMb E_ ALL,:UNSU TA LE L V T ELEVATION BENEATH THE IN ER E E N_ FOR A RADIUS:OF A D BACKFILL 7 11 91 R ULAR MATERI L BATE ESTED ,. W CLEAN COARSE G AN 4. - TO COSTA & 6ssoc,CHRIS PHEIZ . MUST BE NOTIFIED WHEN THE T SYSTEM , IS INSTALLED PRIOR 0 OBRE ._ _ MARILYN I N N ' APPLICANT' N FO N I cTio .BACKF LLI G R I S E 5.' UNLESS ,OTHERWISE NOTED ALL'; PROPOSED DWELLING LOCATION Y COMPONENTS TS SHALL BE _ SYSTEM C P NEN H LL C SYSTEM LOCATION IPROPOSED , SEWAGE S L .,, INSTALLED IN 'ACCORDANCE W TH ;, , CHU S TITLE V SANITARY' : MA5SA SETT' : SEWER CODE AND LOCAL RULES WE , WHICH Y BE APPLICABLE. WH MAY L N CST LOT 2 7 CHERRY TREE ROAD 6. THIS LOT is IN THE :FLOOD PLAIN. N 7. A GARBAGE.. GRINDER WILL BE I 'STALE HE' SYSTEM. N L E (COT U'IT MASS CHUSE TS of BARN, A T _ � s PLAN VIEW q , ► — r — 7 91 R g �, s 'SCALEi_ 1 30 DATE. 12 OB I L2 SCALE..,,..1. .. _30 OI � g �H� �. T..:.r . - _. _. : CHECKED: JJ` CC - JOB NO . sip. _ . : DRAWN BY. J A B _ 5. C , Q. N 0 _ N Np ,I< � � � R COSTA �c Assoc. .:: CHRI S'T O PHE - P.O. Box 128 465 Main st: East Falmouth Mo. I .