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0092 SOUTH BAY ROAD
��a So��l► ��-`�"��_ e e �___�,_ e __-_ �. �. . _ _ . . . � ___ �� ,. �. ,� ,` r i �•. ,< • 'i a ii t i i� �� �� r 1 i o �. 1�' ti W l �i V k '4, r �P�3137°'�eXEt O��dtC�31�E[�QF� - � e o�fdL�eSf3��TOd7S . 600 Wa3'king.,fon&reef Bastan,,MA 02 Ymnv 7litT.SS gawdi a 'markers' Compensat€onTnsm-auoa Affida-vit;BI:fildersl`mantract�rs/EleddciansMumbers tpHcant luffnmation Please PHat,Leeihfy Name(Bnsiges310rganizat Oa6XIividmQ= Address-- 5q-3 a2sarVii-,gQJ4T &,ehefe. City/Stat�lZip: 5,} 3 Phoneme - Am you an employer?Check tlse apprapriate b ax�: T of o'ett s 4_ ElI a�i g a eneral r_trn5ractt5r and' E ❑ I am a employer with 6_ ❑New conct;,c�6oa employees{full andforpait-time)-* havehireathe sub-coatractors. ❑ I am a sole proprietor orpartner- Listed on the attached sheet 7- ❑Remodeling ship and bane no employees Thee sob-coa ractors have g- ❑Demolitiba wonting forme in any capacitor employees and have workers' 9- ❑Buildivg addition PT¢worke s' r-omp_i'=rance. comp_m�l rr�n- '1 5_.❑ We are a corporation andifr IG.❑tectricalrepaim or adAifioas _❑ r am a homamxner doing all work officers have eaerri PJn sed fheir I I E] mbing repairs or additions myself. [No workers'comp right.of P .tiou per 1t fOL L-❑hoof repass, imvra nce raga re j 1 c-152, §1(4} and we Rwe no- - employees'-[Na vrodess' 13_❑f?.thet comp_insurance reguir�,Z *Any sapUcmtt&atcbe&.sboa 1 4lout the sec6onbelowshc�cbrfrao$cea�ro�MstiogI��F'� t$nmmwnes aka submit dris afadsvif inter-a1�+*o they.°._2 doing aQti>�C gn41 tht:n line P�zide:Conita��rrc5 nmst 5ub�t a>��oarit snrFa C.bntncturs tnst c7seck this bins must stffidLSd sII zc3IIiuoasI sleet shbcxiny tk'E 13s�e of�srts-r 's sod stalE vcheinec�not thflsE Isar-_� ®Pluyees_ if the salrco-ntmcforsh-.M—pIa5-s,&rf mast provide t-yr werl,�s'Comp_policy nU+�r a m a rz.employer th at is p ravie&W i vo Tk c-3 1 c o n.,pw ruw1jon irm 4 r a a.c4t-,fo r my amp inyeas. BelotvistheprtLicyandlobszfc irtformrrlias� . Iasaraace CtompanyName: N OV b hrl r&e_bos. Aae no lI Policy g or Self irrr UC-19- XX 4N UU A-3 3-QT6 to - o? -I y FxFisatiDnDate: /Z/zel0 S 4 Z. �Jo�' lllf AAA- 7ob Site Address: �Q01 "`"'_'J iyS tat Zip: �i b s Attach a copy of the mmrkers'compensa&m policy declarstiou gage(shower the policy rfuruber•and expiration date). Failure to secure-coverage as regtrineduncicr Section;Sri o€MG.,c- 152 can lead to the imposition of criminal penalties of a fine np to$L500 Oa andlor one-year imprisonment,as well as civil penalties in the fors of a STOP WORK ORDER-and a fine ofup.to V 50-00 a.day against the violator_ Be.advised that a copy of this statemeat maybe far warded to the.Office of Im.estigations Of DIA for- ce coverage verifizution- _f dd hereby kspains tt enaffasqfpedury thatthe irrforrncd&n pras,&&-d ab En e fs bwa and correct Sisnatare: }late I Ie 'P/WYVq,- /-6j� Phone AF f}fgiciaL usa artFy. Ikr not tvrite in this urea,to be completed by dlt v or town ofzciaL• City or Town' Perrftucense W fss.Qitzg r'iuthoritlr(drde one}: EctreFpc mbgFispectorL$aardof$ezIth 2.Building Departmeut I CitylTa� Qe eantP .6.O4-her cantact Person: Phone 6 CO SpEAKER/MORN []cl I 1OB rna "G OEUCTOR Q 4•11 -3' © ram• 'U0YS OET Pit p Bedroom 1 Beotoom 3 730 13l SeeA815 SmA$15 17.4• ' YL v, { 1A 11 I ?t9A Bath E34 =�e see: 2198 I try' ,tt• " M . Sating Room 2,7 See:A816 , I Patchenette 718 Sec:A81 - zz•-o• 1 I I Rf�ISM FWVR ( � 29'-,L4• � zles I c� 3'- 21iA ,'n 1 I216 ' davm SeeA813 - = 1 dawn i / GARAGE WING - NIT a20o va^=1'fr PROJECT NAME: ADDRESS: PERMIT#. 6n Li L{ i PERMIT DATE: MR: �� � ova 1 LARGE ROLLED PLANS ARE IN: BOX' `0 SLOT �. Data entered inMAYS program on: � a.'C� 3 BY: ! Massach Boas usetts -Depa d of 86ildin rtment of p g Regulations ublic Safety Cr,nst.ruL ion Su and St Lice N'$lsor andards License: Cg-04�225 2H6ARRyIR WIN l CANEY ST RIDGEMA !0238 _ . �vw "V Commissioner Expiration 1112512015. . ri � Office of Consumer Affairs & Business Regulation- Mass.Gov Page 1 of 1 The Official Webshe of the office of Consumer Affairs 8 Business Regulation(OCABR) Consumer Affairs and Business Regulation Home Consumer Rights and Resources Home Improvement Contracting HIC Registration Complaints r f Registration# 171036 Home Improvement Contractor Registration Home Registrant THOUGHTFORMS CORPORATION Pape Name ROBERTGUSTIN Address 543 MASSACHUSETTS AVE. City,State Zip ACTON,MA 01720 Expiration Dale 02/01/2016 Complaints Details No complaints found for this registrant. i You can also view arbitration and Guaranty Fund history. i Back To Search http://services'.oca.state.ma.us/hic/licdetails.aspx?txtSearchLN=72911 12/18/2014 Town of Barnstable Regulatory Services v( MASS. E$ Richard V.Seati,Director "Ar i659. 06 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 w e-m.town.b arnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, C V � V as . Owner of the subject property hereby authorize U �UJ l to act on my behalf, in all matters relative to work au orized by this building permit application for. �. � (Address of Job) Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or utilized before fence.is installed and all final inspections are performed and acAnatwxe (��- &f Owner 4n� 1 Le. o I,-Cw \.f\ riot Name Print Name �OU Da Q:FORM&OWNERPEMSSi0NP00LS .. 1 ! - qo qq;n"'"v :au0{7 -�q Oj To uOijdl_'Sap p2IT'ej_p n-OTAOIC ti a rn m 1_!i {{ `{ UJ_ _i Z17�00d l7Q i --PiL ^icy7A L LEI cr . aa'etLoT_T=� l'0/1 pa�al�tsoa yq.oT..,gzG_� IETa�t?aaTag :sal a do zagTasa bs OCO OI za^-� ,z rs I T-IDU I .=��Too azzna �t G00 0 3 S `CD -TQ7_Ti-0 I13Tr0i?iLt?�LI ?u0?i�Oli�.� I'eiTSi:7i=1 l70r21'� Oi O :Iei�z2l�lIIO� — T-lT I =!i:-ii�1T -T c=snoiTpiio 7IOOLO ;II _? !ji l :IE�uai=ate Sgai ZO S=i TOiS-L/'-? is GGO'G! O1 di1 TEi�TO i�I00 7 ? kcal�O - 0?S_L"�nL'TTT^:+;D 0 �` S3� :P2L?Oc�T� 'O'I o,o d?o ;'do� /p2TTilba.i Cl I010LId b(Iu :�uoLldaTa� 530 :uAiOL_L-,!3 '1 if-01- 1TUO '(Yi :1 A10�_ I� i f Y b .'22nS JU� l�m� U iJ �(16 b'P' :ice�jis' V i f . �� :2LLIi;��l I. �"}7i���-In� t";10 u,�,-�.y/�' •Cyl -2L?i8 :t?OT,?L=OjuI uOIl-e-oo 1 Cho(/-OT7A10 t�—IT2C!0Td v :LIO?�?LLLIOJLtI Sc�L??sn� 2Su201 I ^U) - 2SII20i 1 3saQuismg J v 0` St� `u?Id 0�\ S3:I :p2jj[LLTC�Iis SLTBI�i �2 ,TLii318b'1SN8V8 j0 N 0 Q`�g S .q•. --�a � S :lsoo qoi p-7zu?i s3 SIOZ 8vw MI -r ry� . V 3'.117 srl if 3 ESA€ TAT .+ l <?E UTO.- ,� S iN'SURANCE COVEP4GE: Ej I have a current liability insurance policy or its equivalent which meet_ the requirements of WI.G.L. Ch. 112 Yes No „I Ilf you hav,�-check=_d Yes, indicate the type of coverage by checking the appropriate box below: A liability insurance policy Other type of indemnity I i Bond [ ! ! I 0UV1tiER'S INSURANCE_VVAIVCR: I am aware that the licensee does not have the insurance coverage required by Chapter 112 of the r:iassachusetts General Lav/s, and that my signature on this pzmit application waives this requirement. i Check One Only I l Owner ( I Agent II I i I Signature of Owner or 0,,vi ejrS By creclina this box!j, I hereby car airy that all of the dataiis and information I have submi:ed for enteradj regarding this application are true and accurate to the best of my knowledge and that all sheaf metal wort:and installations Pa-,0rrnsd under the permit issued for this application will be in compliance with all pertinent"provi=_ion of the tA_ssa-chusa:s Building Code and Chaptar 112 oftha General Laws. t Duct inspection required prior to insulation installation: YES NO Progress Inspections Date Co gents Final InspectiDl Y?= BV ❑ Alas=r I i Title r I ,haS-er-R-stricte'd I � 1 City/Town IJ,c�urnevperson SlgnaWre of Licensee r�n j— 1 ❑Jgum�ypersgr!-Bestri ta, License UIJrrlb�r: �J• l I I Ch c:a .rnass.GoVId-o1 I Inspector Signature of Permit Approval I l t ' Fold.Then Detach Along All Perforations .:.::'::COMMONWEALTH:OF MASSAC.HUSETTS , BOARD .;::` :'':S.HEET METALWORKERS`:"::` S N AS A BUSINESS : :....... .:..::. : .... ....... ISSUES THE ABOVE'1:10ENSE TYPE E?RI� :-T';::WH.:ITELE'Y : NO.N' •41HI:T.ELEY PLBG: AN_ D.", B 28' :.yIL'L'AGE. LANDING r' 126 _:. . C H A T:H'A h1 M A; 0 2 6` 00:'' 292629 ,....::,:.>: ,......;:1`6:0 12/22/14 :292629.::'`:: :• .......:cc.-: ...., ..,a Fold•.Ther,Detach Along At Perforations MINNINEALTH.'OF MASSAGHUSE:TTS.:' _ MIR NVV, �i "s � rti� xBOARD OF "a�ar'k {ui pia � 1 •i*•ia ;. firs y }uSHEET h1fTAL" WORK#ERS Y '` PT `' x 1 .�,�S�UES}�T�H�E��F�OL,�L�OW�{ING�,t�CEN�Sf •� k'�I ���rx " � � AS A MASI"ER�`UNRESST�R;I CTED f� .: r1F`'\1•^'y�A;a".++-ri�. �r�Yw7 lltsa'Us i 4' rra~ a SZ} } ERIC T'WH6ITELE�Y `�T t'��n•t..t'�k- �wsjt-;,r^p yn�4 ^n i��C.1a �,.yMr PrBOy 48 �`� yFhnx xa..of ;�- �' ����"�' `W QL7'<ns r3' `� t+. h # �2r`'..� s�.IU w, a •t id . I '+•z t5 C �''•''st�` �37 „s. ('r 4 r T, 4 t�. 1�A. WESTT DHATHAMMA02669 0248b ,�d$ r 4 9+�2 6 = 02%2.8%16 �F1805 1d2y'r T�7 RyS �°,��,$:r tr�.._9 � ._:> �Y'^�...�...... ....... a ..�.�_.,..�=-•,.mot!.�,�.�"•;•"k,+r-y y 44 Nhr -AT( HMRSET DRII7ER'S tl , ' j ti �qC 9a 9D MdkNUM9ER -T � xr � � NONE SZ0199?11` ,.:; _ of a o02 �1 0215 9,70::' 1 6 Y ~ r .E4T� yt °Z RIC c ` r 77 W CHATHAM MA 02669 � �� �" •lr. 1 + 9600109.2014 Rev OT iS2009 x� .__.._...__.. - lie►t Town of Barnstable Regulatory Servaices t SS Thomas F.Geiler,Director wilding Division Tom Perry,Building Commissioner 200 Mani Street,Hyannis,MA 02601 w►vw.town.ba mstable.ma.us Office: 508-862-4038 Tax 508-790-6230 Property owner Must Complete and Sign This Section 4—U—sing A.Builder U • I, �LiO.' ,as Owner of the subject property. hereby authorize Y U'I Do hlie to act on my behalf; in all'=attets selatve to wotk authotized by this building permit �dtessf Job) Pool fences and alarms are the responsibility of the applicant. Pools are not-to be EtIled•before fence is installed and pools are not to be uti3i.zed until'ill final inspections are performed and accepted. canes Signature of Appli;ant N �.. e A°VS! � Print Name Date t e Q:FORMS:OVP4ERPFY,\GSSIONPOOI•S { WVERNON-01 DPEARSE CERTIFICATE OF LIABILITY INSURANCE rATE(14MIODNYYY) 9/26/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND-CONFERS-NO"RIGHTS-UPON THE-CERTIFICATE-HOLDER—,THIS-- CERTIFICATE DOES DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Rogers&Gray Insurance Agency,Inc. PHONE FAX, No: 877 816-2156 434 Rte 134 (eCC lvs'1 x0 South Dennis,MA 02660 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 8 _ INSURER A:ARBELLA PROTECTION 41360 INSURED INSURERS: W.Vernon Whiteley Plumbing&Heating Co,Inc. INSURERC: Chatham Sheet Metal,Inc. INSURERD: P.0.Box 126G West Chatham,MA 02669-1266 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INS TYPE OF INSURANCE A D BR JAM YrypPOLICY NUMBER M01 DD/YEFF M�IDDIYYYP LIMITS A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 0 RENTED CLAIMS-MADEOCCUR 8500052832 10I01/2014 10l01/2015 PREMISES Eaocanrrence $ 100,000 MED EXP(Any are person) S 10,00 PERSONAL&PDV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY rECT LOC I i PRODUCTS-CUTAPIOPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY (Eaa.acdde tSINGLE i GLE LIMIT S 1,000,000 A ANY AUTO 1020006346 10101/2014 10/0112015 BODILY INJURY(Perperscn) S ALL OWNED X SCHEDULED BODILY INJURY(Per accident) S AUTOS AU`rOS'NED PROPERTY DAMAGES H HIRED AUTOS X AUTOS Peracddeni IS X UMBRELLALIAB OCCUR EACH OCCURRENCE S 4,000,000 A EXCESS LIAS CLAIMS-MADE 4600062833 10/01/2014 10101/2015 AGGREGATE Is 4,000,000 DED —X--RETENTIONS �O+.aaa WORKERS COMPENSATION STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTN Y/N E E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED' NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ It y es describe under DESG�RIPTION OF OPERATIONS below E.L.DISEASE-POLICY Uh1lT S i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Plumbing,Heating&Air Conditioning Contractor --General Liability Endorsement 30AP2037 Provides:Additional Insured Status to Certificate Holders,Primary Non-Contributory,Transfer of Rights of Recovery and Per Project Aggregate as Required by Written Contract --Genera)Liability Endorsement 30AP2039 Provides:Additional Insured-Contractors-Completed Operations Coverage As Required by Written Contract --Commercial Auto Endorsement 26AP1034 Provides:Additional Insured Status to Certificate Holders,Primary Non-Contributory,Waiver of Subrogation —Workers Compensation Certificate for Policy t16S62UB9972L66413 has been requested from ACE Insurance Company and Will be Forwarded Directly by ACE "This Certificate Replaces any Prior Certificate Issued to the Holder for the Policy Period 10/1/2014 to 10/1/2015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Barnstable ACCORDANCE WITH THE POLICY PROVISIONS. 200 Main Street Hyannis,MA 02601-0000 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACCWO CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE ! AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: ROGERS&GRAY INS AGCY PHONE FAX 434 ROUTE i34 A/C. o Exl: ac E-MAIL SOUTH DENNIS,MA 02660 s- INSURER(S)AFFORDING COVERAGE NAIC I< INSURER A:ACE AMERICAN INSURANCE COMPANY INSURED INSURER B: W VERNON WHITELEY PLUMBING&HEATING CO INSURERC: INC&CHATHAM SHEET METAL INC P O BOX 11266 INSURERD: WEST CHATHAM,MA 02669 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER:R REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN_ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CY INSR TYPE OF INSURANCE ADOL SUB POLICY NUMBER MMIDDIYYlY JAMIDDfrM LIMITS LTR INSR WVD ( I GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIAR IL1TY DAMAGE TO RENTED S PREItISES En occurranco CLAIMS-MADE❑ OCCUR IAED EXP(Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE S 'GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPICP AGG 5 POLICY JEC LOC S AUTOMOBILE LIABILITY OMBINdED SINGLE LIMIT S a acc an! ANY AUTO - BCDILY INJURY(Per person) S ALL SCHEDULED AUTOS OWNED AUTOS BODILY INJURY(Per accident) S HIRED AUTOS NON-OWNED PR1FER Y AUTOS dT t ANAGE S 5 -- —UMBRELLACL-IAB- -OCCUR— -EACH-OCCURRENCE -S EXCESS LIAB CLAIMS,IAOE AGGREGATE S DED RETENTION S S WORKERS COMPENSATION X' WCSTATU- OTH- AND EMPLOYERS'LIABILITY 70RY LIMITS ER F ANY PROPRIETORi?ART,NERfEXECUTP /� E.L.EACH ACCIDENT $500,000 OFFICERIMEMSEREXCLUDED-! N NIA 6S62UB 10.01-2014 10-01-2015 (Mandatory n NH) 9972L664 DESCRIPTION OF OPERATIONS below E.L.DISEASE-EA EMPLOYEE $500,000 yes, TIOe under E.L.DISEASE-POLICY LIMIT $500,000 ' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION TOWN OF BARNSTABLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE 200 MAIN STREET CANCELLED BEFORE THE EXPIRATION DATE THEREOF, HYANNIS,MA02601 NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE JOHPI J.LUPICA,President G 1988-2010 ACORD CORPORATION,All rights reserved. ACORD 25(2010105) The ACORD(Tame and logo are registered marks of ACORD 7is C. Om no,e f I af- 3f sCrelrrcei °Ls !,� .. - .➢ep�rfitiezr�a��iuZustr�al�ccrr�errLc r--� Office of Izri;esdgaiioru �— Bostorby UA 02111 w-wm ma&Kgo-Vldia •'rarkners' Camp en_--:LtionInsara:ace Affidavit: Binders(Cantya:cbors/Flec.tricrans.Tlumbers .Atphe-2nt Lafarmation Lc� \/ ` Please Friat ib lYc� F� mr e - !o OFEcIlart�&idnaD: w . �/L/ten o rl �'J h , L I i.h P� �n�z 1S',nq 1� L.r�N' y- n p f� J— I 0 I LL, I v Oalo69 _ CIty/Statt/ap: LU C-)-`a-4 9,,m KL P+ Pho � l � 6c�� S �� — 11 uc Are you an employer?'Check the appropriate bow Tie of protect(rewired}: +_ I am a emp loyez with. �0 3 4• ❑ I am a ge ef-A caaftactcr and I employees(EJLL and'orp t-time.) }eve i ect tn:sib-coah-actor. 6_ New.ps icoa 1❑ I am a sole prkri or orpartner Lis-ted ou the attacaed shL�:-et !- ❑Remodeling sLn P 1114 bave a. --emolor TL�-e sub-cocb-actois 3�Je g- ❑ !]�elifica or{- ? fa--2.Manz . r. e�nlos and have go ers' -�� � �F•'c-ti 9. ❑ f3n.ld�gaediicu F-o wor5_rss' comp.;*'�*v„re comp.insurance-= • 5_❑ We am a corpo.-,tirmaa i`s 10_❑�^lecsical r�+�ar additions _y.❑ I arn aL r, d a zjj r4a, officers LTa"v?erercrsed CneLr !I--[] zdd!itons MYSI-I€ (l10 tom* ' Cori- ngat cf Q�.tioa per MGL 12.❑oaf rep i- i--,-xa n- cercoired.]F c- 152. g1( ,mdv. L-vectc ellay---�-S.[- ow-v-ri--e_s' 13_❑Other co=.iaserance,regL red.]; E_ _� ... - .J.Wicks z-C�..:: E-o_C'z=- hnn S'i_c;=S:-Or;.._ .. ,wo C^=cS :r-c summit,11i MOf Za d,34:U t+Cffc c-m5--cactmcmm—;:z^a—zt a aaN:_i1.: ,��-sat= 1.ba':�inrs d=5t-f 1_k sis E w :Y=Chz-T ram•a` vim!fps. L`` rh-e --us-,m-rL:k_t=r wo{_r'comt;.7oL'Cj LifL}Y-_ amQrL cf'!� F T/'Lic '15 L'rbl•'LdZP ki'Or}c'-r5'GoiTLyric"7LSri .31 2TL`7rrrLIrGE fOr myEPr"�FI?3%e-.'S. �"!At^.LS k!e p4Ecp rLad3ob-Lfe L--mma;e GompawfN=.: A Ge. CA rvu.it!C-�r� �ns c, Ct- Poli_r Y=cr S=Lf _l ic_= i.l Q - 9 1 L (�,(o 41 t,! F LaLrG�iozl?at : 1. job Si E Add<=: C ityrrS tatel7ip: M A Atscli a•c-Op V of the work ers'compensation policF decZasstien pace(shu ink the policy number anal empiratioa date). Failure to se<.L, e cove:c-age as Sectoa 2?_of M=c. 152 can lead to thm in positirm o=criminal patties of a fia- e up to SI,5OG_Oa and./or oi=yeari.=on's--mmea�as t:etl s ci-it pz-railies in fe form of a STOP TI�ORS.OI TJE-ER-and a ir- o=up to ?50_CrJ a way against the violator. Be au-aised that a cagy of this statment=y be 5arwarded to tre Office.of I'.�eeEi�ati�s of t~ae DL�i Sx in.�saace.co v er ge�rs�imtiaa I dd hGrebj,c,ert�f under thL p�ns�aand-per_a&es afpc?jury fhat-thz-n ormudian p;mid,-r£ab.zmc is b-, s and corract Si�aatrzre:\ l iit/L ci_��� L1 � A. Date: OffLc:crL use araty_ Da riot!arit8 en This ru•er,is be ca.,npL-ted by city or town gfyjc aL City or To xn: Pm-mitlia-cease tss-uing Authorrcy{drde one}: 1.Beard of Health 2.$uirdiag Department 3.Cit�f/ro Fm Clerk 4_EItctncal In---prxtor i.Pl-ambb g frsp--ctor 6. Other Coatrct P ersan: Phone Iff: TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION �p l 00 Map ® Parcel �c� �"�w. ')F' �� . tion # Health Division {; t� ,�Y�, l Date Issued 4 Conservation Division Application Planning Dept. Permit Fee -7 Date Definitive Plan Approved by Planning Board'/�:�I "°� I�-- Historic - OKH _ Preservation / Hyannis Project Street Addresss� SOU Oo� Village v V 41\e r Owner ��� h'1e �C e�5 Address Telephone l Permit Request �1 �► 51. lfst 5euk, CLS a A'2 0 5 F Ot Pay- -CC-—1 4 O LU tn,e45 5 o v� Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new .Zoning District Flood Plain Groundwater Overlay Project Valuation J U Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ur/ Two Family ❑ Multi-Family (# units) Age of Existing Structure ( Historic House: ❑Yes LTNo On Old King's Highway: ❑Yes Flo Basement Type: Orull ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) � ; Basement Unfinished Area (sq.ft) Number of Baths:. Full: existing "7 new I Half: existing Z new Number of Bedrooms: existing /new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric Other Co av\e. Central Air: 1111"Yes ❑ No Fireplaces: Existing I New Existing wood/coal stove: ❑Yes U- 0 Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: W/existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes C-No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) q Name a l W 1�. �`ouSR ""elephone Number ( � Z �] +b 1 Address f 'V' 5 A-' ` License # GS 014 Z--Z2,5-' Home Improvement Contractor# T 1 Email -�a�`1 © YNSLq Worker's Compensation # ALL CONSTRUCTION DEBRIS RESU ING FROM THIS PR/�OJECT WILL TAKEN SIGNATURE DATE 7 D_e6an�4 s ` 'r FOR OFFICIAL USE ONLY tix APPLICATION# DATE ISSUED 1 _- MAP'/PARCEL NO. - ADDRESS f K VILLAGE _ ± OWNER DATE OF INSPECTION: - FOUNDATION r FRAME INSULATION FIREPLACE { ELECTRICAL: ROUGH FINAL D t w PLUMBING: ROUGH FINAL GAS: ROUGH FINAL . FINAL BUILDING. �.• ��9 15- - y Z s a! k DATE:CLO.SED OUT ASSOGIATI.ON PLAN NO. h• - .L f r Town of Barnstable oYTME rati Regulatory Services Richard V. Scali,Director '" MASS. Building Division BABSTABLE 9^ 1639. ,0� 1639-2014 Thomas Perry, CBO 575 Building Commissioner 200*Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 December 22,2014 Mr. Harry Irwin C/O Thoughtforms Corporation 543 Massachusetts Avenue West Acton, MA 01720 Re: 92 South Bay Rd.,Osterville,MA Dear Mr. Irwin, On December 18, 2014, application was made for a Family Apartment at the above referenced address. Please be advised that this permit cannot proceed at this time because the single family home is not an owner occupied primary dwelling and consequently does not comply with Zoning Ordinance 240-47.1. If you have any questions,or feel aggrieved by this decision,please do not hesitate to contact this office. Sincerely, Paul Roma Local Inspector, Do•_m 1 v 263.008 02-04-2015 3:48 BARNSTABLE LAND COURT REGISTRY DECLARATION OF RESTRICTIONS This Declaration of Restrictions is made as of this 1%"day of January, 2015 by Stephanie L. Rogers, as owner of that certain parcel of land(the"Land") shown as Lot 7, also known as and numbered 92 South Bay Road, Barnstable(Osterville), Barnstable County, Massachusetts, as more particularly shown on a plan labeled "Approval Not Required Land Redivision"dated 7/23/12 and filed with the Land Court as Plan No. 8730G on October 12, 2012. For Grantor's title, see Certificate of Title No. 200145, at the Barnstable County Registry District. Whereas,the improvements currently constructed on the Land include a single family home; Whereas,the home includes an apartment for family use, including a built-in kitchen, above the garage (the"Apartment"); Whereas,the Town of Barnstable requires that notice of the permitted uses of such Apartment be recorded in the chain of title for the Land; Now, Therefore, the Grantor hereby avers and states that the Land and the improvements thereon, shall be held, and maintained subject to the followinFx4strictioris which shall run with the Land and bind the Grantor and her successors and a`ssi Ms: ` , cra, 1. The Apartment is currently and shall in the future only be used anaintained , for the personal use of the Grantor and the immediate members of her family; acid __0 _- cn 2. The Apartment shall never be rented or leased on a temporary or per anent v W . basis to any person or entity. This Declaration of Restrictions shall run with the Land and may not be modified, amended or terminated without the written consent of the Town of Barnstable, acting through its Building Commissioner, which consent shall not be unreasonably withheld upon presentation of evidence to the Building Commissioner that the Apartment has been removed or abandoned in compliance with the requirements of the Town of Barnstable. This Declaration of Restrictions is executed as of thisV day of January,2015. C_ Stephanie L.Rogers Ackno ed Form: 44 Thomas Perry, Town stable Building Commissioner COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. I On this�day of January,2015 before me,the undersigned no public, � notary personally appeared Stephanie L.Rogers,who proved to me through satisfactory evidence of identification,which was personal knowledge,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Z�7 L v` A True Copy AMat ,4PH v B.WELHI1 NEY Name: 1,5 J) NOTARY PUBLIC _fly Commiswn ex imsAuk Notary Public My Commission Expires c��a� �-= c-o �if F vL-(— Pc-�tfs � � L�S DECLARATION OF RESTRICTIONS This Declaration of Restrictions is made as of this_day of January, 2015 by Stephanie L. Rogers, as owner of that certain parcel of land(the"Land") shown as Lot 7, also known as and numbered 92 South Bay Road, Barnstable (Osterville), Barnstable County, Massachusetts, as more particularly shown on a plan labeled"Approval Not Required Land Redivision"dated 7/23/12 and filed with the Land Court as Plan No. 8730G on October 12, 2012. For Grantor's title, see Certificate of Title No. 200145, at the Barnstable County Registry District. Whereas, the improvements currently constructed on the Land include a single family home; Whereas,the home includes an apartment for family use, including a built-in kitchen, above the garage (the"Apartment"); Whereas,the Town of Barnstable requires that notice of the permitted uses of such Apartment be recorded in the chain of title for the Land; Now, Therefore, the Grantor hereby avers and states that the Land and the improvements thereon, shall be held, and maintained subject to the following restrictions, which shall run with the Land and bind the Grantor and her successors and assigns: 1. The Apartment is currently and shall in the future only be used and maintained for the personal use of the Grantor and the immediate members of her family; and 2. The Apartment shall never be rented or leased on a temporary or permanent basis to any person or entity. This Declaration of Restrictions shall run with the Land and may not be modified, amended or terminated without the written consent of the Town of Barnstable, acting through its Building Commissioner, which consent shall not be unreasonably withheld upon presentation of evidence to the Building Commissioner that the Apartment has been removed or abandoned in compliance with the requirements of the Town of Barnstable. This Declaration of Restrictions is executed as of thi day of January, 2015. Stephanie L.Rogers Ackno ed Form: Thomas Perry, Town stable Building Commissioner I COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. j On this /7�day of January,2015 before me, the undersigned notary public, personally appeared Stephanie L. Rogers,who proved to me through satisfactory evidence of identification,which was personal knowledge,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. A True Copy AU M y JJ 'JOHN E.WELHINNEY Name: T C/h 1,Jn,( NOTARY PUBLIC In W1►nMW expires Auo 7,2020 7Notary Public My Commission Expires o?��� TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Ma Q,C�11" p Parcel Application #0 Health Division Date Issued 1,3 1, Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis Project Street Address \, Q l �d " Village Owner Sv`Ovti� o Address Realc-A St- Telephone Permit Request '0 C�<'� �� @ C w \a,v\ (�f�}��in• Square feet: 1 st floor: existing proposed 2nd floor: existing proposed ktal new Zoning District /Flood Plain Groundwater Overlay Project Valuation 0 Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family (# units) Age of Existing Structure a6 1 -25 Historic House: ❑Yes No On Old King"s; ighway: O Yes No YP Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other ZV Basement Finished Area (sq.ft.) Basement Unfinished Area (sq ft) - --1 Number of Baths: Full: existing new Half: existing new ' Number of Bedrooms: existing anew La Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: N'Gas ❑ Oil ❑ Electric ❑ Other Central Air: M—Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: 0 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_ ~ (BUILDER OR HOMEOWNER) Name 4 a CC', 4-vi Telephone Number Address 5-q j W�s License # 4�f SAT�� M_ ' \ Home Improvement Contractor# Email C�C,c' V hi4S " (`� Wore leer's Compensation # ALL CONSTRUCTA DEBRIS RES WING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE J,. FOR OFFICIAL USE ONLY + `APPLICATION# DATEISSUED ' MAP/PARCEL N0. , ADDRESS VILLAGE OWNER ' DATE OF INSPECTION: FOUNDATION F4_ FRAME r. INSULATION j FIREPLACE y. t • ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL ' GAS: ROUGH FINAL '. FINAL BUILDING F DATE CLOSED OUT ' ASSOCIATION PLAN NO. r I ACORDL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12/16/2014 PRODUCER (978) 369-5656 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NorthBridge Ins. Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1150 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord MA 01742- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Travelers Indemnity-TPA Thoughtforms Corporation INSURER B: 543 Massachusetts Avenue INSURERC: INSURER D: Acton MA 01720- INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREM PREMISES GE E.occurrence) $ CLAIMS MADE DOCCUR MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JECT LOC .AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIREDAUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC A WORKERS COMPENSATION AND XHUB-3372T66-2-14 01/01/2014 01/01/2015 }( ORYLIMT OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Town of Os tervl lle FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Osterville MA - �.g*A'` ACORD 25(2001/08) ©ACORD CORPORATION 1988 INS025(oios)m Page 1 of 2 the Commonwealth ofMassachuseftr Deportment oflndurtrialAccidents rA Office of Irrvestigadons 600 WashhWon Street Boston,MA 02111 1VJ www.mass gov1&a Workers' Compensation Insurance AffidaviiL-Builders/Contractors/Electrici a s/Plmnbers Applicant Information Please Print Legibly Name(Business/Organiza m&dividual): Address: Sq 6 Me, , City/Sta teizip: e St AA&,\ Phone Are you an employer? Check the appropriate box: Type of project(required): 1. I am a employer with . 4. I am a general contractor and I employees(fuII and/or part-time)- * have hired the sub-contractors 6 El New constructifln 2.❑ I am a sole proprietor or partner- listed on the attached sheet 7. 5etanodeling ship and have no employees 'These sub-cofactors have 8. o Demolition woddag for me in any capacity. employees and have workers' 9. O'Building addition [No workers'comp.rim rance comp.insurance.$ �) 5. We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I an a homeowner doing all work officers have exercised their 11.0 Plmnbing repairs or additions tayself [No workers'comp. right of exemption per MGL 12❑Roof repairs insurance required.]t c. 152, §1(4),and we have no employees.[No workers' 13.❑Other comp-insmance regnhed_] *Any applicant that checks box 41 amst also fill out the section below showing their workers'compensation policy iniormabon. t Homeowners who submit this affidavit indicating they are doing all wo6c and then hhM outside contactors mist submit anew aidavit indicating snob_ $Contractors That check this box mast attached an additional shed showing the name of the sob-contactors and state whether or not those entities have employees.If the sub-contractors have employccs,they mast provide their workers'coin.policy aorbcr. I am an employer that is pruvOng workers'corrpensatYon insurance for my employees. Below it the po&cy and job site information. 1 -gyp Insm-aace Company Name: —TC-6t4t\to Policy#or Self-ins.Lic. Expiration Date: Job Site Address: ct S U vA� Attach a copy of the workers' compensation poIi declaration page(showing the policy number and expiration date). Failure to secure coverage as required under S ection 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one year imprisonment;as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day igaiast the violator. Be advised that a copy of ties statement may be forwarded to the Office of Investigations of the D A far' coverage verification. I do hereby car fi avzr p ofpm jwy that the information provided abo-v e its true andlcooirw4 Sl Date: /•�/v`G� W "! Phone k � (o Official use only. Do not write in this area,to be conpleted by city or town oOTdaL City or Town: PermitlLicense# Issuing Authority(circle one):_.. .._.. 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts Geheral Laws chapter 152 requites all employers to provide workers'compensation for their employees. Pur suanrto this statute,an mrployee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or writlrm." An anployer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the - dwelling house of another who employs persons to do maintenance,construction or repair,work on such dwelling house or oa the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(Q also states that"every state or Iocal licensing agency shall withhold the issuance or renewal of a License or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance.coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance ofpublic work until acceptable evidence of compliance with the insurance. requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s), address(es)and phone number(s) along with their certificates)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the n members or partners,are, ot required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit maybe submitted to the Department of Industrial Accidents for confirmation ofinsurance coverage. Also be sure to sign and date the affidavit The affidavit should be retiune-d to the city or town that the application fur the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate lime. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permMicense number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)_"A copy of the-affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (ie. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would like to than you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number. The Co;;mmmwealth of Massachuseths Department of Indus dal Accidents office of lvestigatio= 600 Washington Street Baston,MA 02111 Tel.#617-727-4900 cxt 4-06 or 1--977-MASSAFE Fax#617-727-7744 Revised 424-07 ww mamgovldia TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 4 �l Ma Parcel " O 0 U catid 2- Health Division DatQlssued Conservation Division ®k-��-s�� Qyll�3 � f 1 Ap lica`-tio el' > Planning Dept. Permit Fee qo Date Definitive Plan Approved by Planning Board r �R' 5 Historic - OKH Preservation / Hyannis F OS Project Street Address b O Village S J_ohN 6' L+ /�j� �1�� T IJST6Eg Q Owner Z. .SD D eMcN (' Address d / YU& W nW0 /� ,/ �\ Telephon� /� 1� _ y04 Z. PWAt 3"W avK2 4 F 33VIO Permit Request � AAS MV V7 M54) .��NIrC &d11-# Fv!/ ?YV!!5 yr : ,LFAID Lu7701V o� x�s7'iN�r AA& Ae%Q(J Tr ees of skis b2*eh_t6 41M A 1117-C, 0. Square feet: 1 st floor: existing proposed 12nd floor: existing proposed3,. Total nevvg it ning District - Flood Plain ��$-20A/G Groundwater Overlay 00 Project Valualon3 SOD,000 Construction Type 000-6 �t/yC—_ ALot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family (# units) Age of Existing Structure/ s0 403 R)istoric House: ❑Yes No On Old King's Highway: ❑Yes KNO Basement Type: X.Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Z Number of Bedrooms: existing 7 new Total Room Count (not including baths): existing new First Floor Roor.Rn., ount o 0 Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric Other 6' ' � `- cD1 Central Air: XYes ❑ No Fireplaces: Existing New Existing wood/coal stove: Ye No -Detached garage: ❑ existing ❑ new size Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ dew ss e4V,9� _ Attached garage: ❑ existing new size _Shed: ❑ existing ❑ new size _ Other: Z7S'S.,O� v Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes , No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) ll Name S, L01 6Mke R• Telephone Numbe/6/7/ 49/6 r Y0 !4 Address 130 01LLUL4&V6 4Det%/C' License # Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING F//R��OM THIS PROJECT,WIILL BE TAKEN TO 115 SIGNATURE G DATE r cs:, :t • FOR OFFICIAL USE ONLY APPLICATION# ~ 1 •; , DATE ISSUED r MAP/PARCEL N0. } ADDRESS • _ MVILLAGE-"• OWNER , -. •�. • I , , , , , , � ��", f, _ .- : » r DATE OF,INSPECTION: t • r `" ='' f j FOUNDATION - ^ FRAME :r INSULATION r 'rt FIREPLACE ELECTRICAL: ROUGH FINAL` r : PLUMBING: ROUGH t FINAL ! r s GAS: ROUGH f FINAL r 4 FINAL BUILDING ry r'r r 4 DATE CLOSED OUT th: V i. ASSOCIATION PLAN NO. ucc. U 1U11 12:40PM No, 7448 P. i 9A,wma 0111TWEedWe&Gas ca"GAY EL EC TR/C 0.,NSTAR Way,WdstwMl,Mascachums 02080.9290 GAB December 21, 2012 Paul Fireman 3801 PGA Blvd#910 Palm Beach, FL 33410 RE: 92 S-Bey Rd Hse -Ost Dear Mr, Fireman: At NSTAR, we're committed to delivering great service. This letter serves as confirmation that, as of December 11, 2012, the electric service to 92 S-Bay Rd Hse in Osterville, MA,was removed on Work Order 01916379. Based on this information,there is no electric power at this address and you may proceed with the demolition. If you have any questions, please contact me at(781)441.3381, - Sincerely, 'Mara Antoine - Customer Service Engineer Centerville-Osterville-Marstons Mills Water Department P.O.BOX 369-1138 MAIN STREET OSTERVILLE,MASSACHUSETTS 02655 °sr www.commwater.com ��,$` ��►� OFFICE OF u WATER BOARD OF WATER COMMSSIONERS WATER SUPERINTENDENT DE PT.�y TEL.No.508-428-6691 Ste ' FAX.No.508-428-3508 November 20, 2012 Town of Barnstable_ Building Dept. 367 Main Street Hyannis, MA 02601 Re: Account#2396 Paul Fireman 92 South Bay Road Osterville, MA Gentlemen: On Monday, November 19, 2012 we turned off the water at the curb stop and disconnected the water service in the meter pit at the property mentioned above. The pit is located approximately 12 feet from the edge of the road. It is our understanding that the owner plans to demolish the house, rebuild and will have a new water service into the new structure (omitting the meter pit) at a later date. If you have any questions, please call our office at 508-428-6691. Very truly yours, Herbert L. Mc Sorley Assistant Superintendent cc: Bruce Besse HLMCS/jw "1937 to 2012 Celebrating 75 Years of Service" national rod October 17, 2012 Attn: Bruce Besse Re: 92 South Bay Rd, Osterville, MA. This letter is to notify you that after our investigation it has been determined that there is no gas being supplied to 92 South Bay Rd, Osterville, MA lane amara National Grid Gas Customer Fulfillment 127 Whites Path South Yarmouth, Ma. 02664 • OfIKE r � Town of Barnstable Regulatory Services RARNSTABLE, ' Thomas F. Geiler, Director MASK. Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 , www.town.barnsta ble.ma.us Office:. 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION / ^ Please Print DATE: JOB LOCATION: 7� SG✓Y� ) u�G�l !ti number /y� �1 street village "HOMEOWNER": i) /'/CPA)rJ i�lr/J b � / — U�b — / name —` h / home phone / work phone# CURRENT MAILING ADDRESS: G 7 sn 0,tP W!n[{it°S�f �� �y �� • city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends 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. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection pi ocedures d.re .uirements and that he/she will comply with said procedures and requirements. Signature of 6meowner 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. n•WPPT1 �c�snarac�i,�;i t;;,o np. it frn,nslFXPRFSS_doe °F VAE ram, • SARNSTABLE, ,�� Town of Barnstable ,el fD►API A ' Regulatory Services Thomas F.Geiler,Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street,' Hyannis, MA 02601 www.town.barnstable.ma.us " Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder 1 L ; 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: r (Address of Job) Signature of Owner Date Print Name If Property Owner is applying for permit, please complete the Homeowners License Exemption Form on;the. reverse side. QAWPFILESTORMSUilding permit formsEXPRESS.doc pFIKE rqy, Town of Barnstable Regulatory Services sAMSTAe[.e. v MASS. Thomas F. Geiler, Director �''°rE1619. Building Division Thomas Perry, CPO Building Commissioner 200 Main Street,.Hyannis, MA 02601 www.tow n.ba rn sta b l e.m a.us Office: 508-862-4038 Fax: 508-790-6230 November 19, 2008 Attorney Patrick M. Butler Nutter McClennen & Fish LLP Attorneys At Law PO Box 1630 Hyannis, MA 02601 Dear Attorney Butler, This letter is in response to your question of whether the house located at 92-Sou-th-Ba`y.N, Road,----Osterville,Map--09-3 Pa- r"ce1042-001 can be torn down and two houses be constructed in its place. As to this parcel, this office is of the opinion that this is one lot and has been one, approximately two acre lot for many years now. To tear down the existing home and then have two separate lots I fail to see any where.the Zoning Ordinance would allow this to be executed. Respectfully omas Perry, CB0 Building Commissioner. No. 1145 P• 1 xowXr of Barnstable..' Regulafo�Y 4er,Director ' $ui.tdzng DiYi�on ' : . , . .a , , y, . ZhomasPrscYr•(�Oj;Bm7du�'CommJuioner •, . 20D Mafia Stt=xt, S it 41 02ml ' �,tot�barns{sble.n�a_as . . . Pair 50949a• im . 1Df6m 56S-962-.039 E Mom' "ftjcct A.dchr — v4 The 61IO kag ifs wore no ted:onx•revieliag: DCC/S .O,F� N co ' � 4' L W .2 e-v sT 564 d s uv`-`- )ate,' a i -= 1:� .• ';, yS 9S � ' . ,. N TOWN OF BARNSTABLE Building Department - Foundation Permit Date -- s-J Permit # Name =T �` �� A-tl tt �; Location .Sr M R Insp. of BIdgs. Town of Barnstable do Building Department - 200 Main Street 9 snitx�i.E, ' Hyannis, MA 02601 1 639- (508) 862-4038 Certificate of Occupancy Application Number: 201300442 CO Number: 20140076 Parcel ID: 093042001 CO Issue Date: 06/26/14 Location: 92 SOUTH BAY ROAD Zoning Classification: RESIDENCE F-1 DISTRICT Proposed Use: MULTIPLE HOUSES ONE PARCEL Village: OSTERVILLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: Building Department Signature Date Signed TOWN OF BARNSTABLE Building 201300442 BARNSTABLE, : Issue Date: 02/11/13 Permit MASS. 039. A�� Applicant: SHARKANSKY,ROBERT&ELHINNEY,JOHN)f er[tlit Number: B 20130308 Proposed Use: MULTIPLE HOUSES ONE PARCEL Expiration Date: 08/11/13 [Location 92 SOUTH BAY ROAD Zoning District RF-1 Permit Type: SP REBUILD RESIDENTIAL Map Parcel 093042001 Permit Fee$ 19,380.00 Contractor PROPERTY OWNER ' Village OSTERVILLE App Fee$ 100.00 License Num. OWNER Est Construction Cost$ 3,800,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND REBUILD NEW SINGLE FAMILY HOME AFTER TEARDOWN THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: SHARKANSKY,ROBERT&ELHINNEY,JOHN E TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: C/O PFP ASSOCIATES INSPECTION HAS BEEN MADE. 3801 PGA BLVD.,STE 910 PALM BEACH GARDENS,FL 33410-2757 Application Entered by: PR Building Permit Issued By: T THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY,NO SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING`&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). VISIBLEPOST THIS CARD SO THAT IS BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS -- r 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health TOWN OF BARNSTABLE Building 201300442 p • '* BARIMszwBIX, Issue Date: 02/11/13 Permit 9 MASS. �ArFn 39. A Applicant: SHARKANSKY,ROBERT&ELHINNEY,JOHN WAR Number: B 20130308 Proposed Use: MULTIPLE HOUSES ONE PARCEL Expiration Date: 08/11/13 [Location 92 SOUTH BAY ROAD Zoning District RF-1 Permit Type: SP REBUILD RESIDENTIAL Map Parcel 093042001 Permit Fee$ 19,380.00 Contractor THOUGHTFORMS Village OSTERVILLE App Fee$ 100.00 License Num. 096706 Est Construction Cost$ 3,800,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND REBUILD NEW SINGLE FAMILY HOME AFTER TEARDOWN CHANGE OFrAl@k1aRD MUST BE KEPT POSTED UNTIL FINAL RACTOR 8/14/2013 FROM FRM PROP OWNER TO GREGORY FRANICS INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: SHARKANSKY,ROBERT&ELHINNEY,JOHN E TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: C/O PFP ASSOCIATES INSPECTION H BEEN MADE. 3801 PGA BLVD.,STE 910 PALM BEACH GARDENS, FL 33410-2757 Application Entered by: PR Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY'ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY,NO SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS..THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FIVE CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.SHEATHING INSPECTION 3.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 4.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 5.PRIOR TO COVERING STRUCTURAL MEMBERS(FRAME INSPECTION). 6.INSULATION. 7.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. / PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). POST THIS • VISIBLE, BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 3 1 Heating Inspection Approvals Engineering Dept �I— l5 Vey Fire Dept 2 T=-� +� ( q S Board of Health LL ok, Gfei7�f Z ) aol 3, ZWOR DFcc Energy RC� r C Ep cartfflcaangy a Wall 21.00 Floor 33.50 Ceiling/Roof .412.00 Ductwork(unconditioned spaces): Window 0.30 0.54 Door 0�}30 0.54 „a Heating System: Cooling System: Water Heater: Flame: ry i �� Date: -5--.247/Y Comments: t �! The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): Yj Address: /v� GJi��a:� �� �r� ✓G City/State/Zip: ee 1721� 6/)/90 Phone #: 6/7 ~9,4 F1. tee you an employer?Check the appropria eox: Type of project(required): ❑ I am a employer with 4. Iam a general contractor and I �+employees(full and/or part-time).* have hired the sub-contractors 6. [B ew construction I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling shipand have no employees These sub-contractors have 8. [R�emolition working for me in any capacity, employees and have workers' comp.insurance.$ 9. ❑ Building addition [No workers' comp. insurance P• required.] 5• ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their I LEJ Plumbing repairs or additions myself [No workers' comp. right of exemption per MGL 12.0 Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.❑ Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such, tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: a2,1-h eel -Y)W 717 Policy#or Self-ins.Lic.#:4jt 00,1 Expiration Date: 11130�J3 Job Site Address: l SOVA AHvt R _ City/State/Zip: &S hVi_1i /�e . Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury.that the information provided above is true and correct Si ature: Date: J O/ Phone#: Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organizationdndividual): /QLTZK ,�(�� � ��� rA e Of Address: City/State/Zi 9)/dgd, ta 0Z,%_&RPhone #: Are you an employer?Check the appropriate box: Type of project(required): 1 I am a employer with_z 4. ❑ I am a general contractor and I * have hired the sub-contractors 6. ❑New construction :;mployees(full and/or part-time). . 2. I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling shipand have no employees These sub-contractors have 8. emoli working for me in any capacity. employees and have workers'insurance.$ 9. KDtion uilding addition comp.[No workers' comp. insurance P• required.] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.0 Other comp. insurance required.] 'Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: — "— Policy#or Self-ins.Lic.#: -77W C 3 Z MA Z Expiration Date: Job Site Address: q ZTO t M" A � City/State/Zip: V/' /4 .�Z�'S Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insuran ye coverage verification. I do hereb c • unde the pai and penalties of perjury that the information provided above is true and correct Si atur Date: I IL Phone#: — 2rO Official use only. Do not write in this area,to be completed by city or town officiaL City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: r 07/24/2012 14:53 5088880550 ALMEIDA AND CARLSON PAGE 01/01 ' ACORD DATE(MM/DDIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE o71WDDN LMEIPROD ER Pllaa: (!oe) INSURANCE A (E AGENCY THIS CERTIFICATE 13 ISMO AS A MATTER Of INFORMATION P.O.Box 7l CARLSON alSURANCE AGENCY INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.BOX 719 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SANDWICH MA 02%3 ALTER THE COIVERAOE AFFORDED BY TN LICIES BELOW. INSURERS AFFORDING COVERAGE NAIC M INSUREDISF INSURER_A: Arbella Protection Insurance Co WO O 3 BRUCE BEES!11 LANDSCAPE a NURSEY LLC INSURER 0 The MaMord - —. -- - -• ---- - -. 205 OLDIE HOMESTEAD DRIVE INSURER C: Arbella Protection Ins Co MARSTONS MILLS MA 02640 INSURER p: Weaterh World Insurance Co INSURER E: COVERAGES , THE POUCIES OF INSURANCE LtBTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUREMEM• 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 16 SUBJECT TO ALL THE TERMS. EXCLUSIONC AND CONDITIONS Of SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA 11usag- POLICY NUMBER o uDY 1rnCTNE POLICY pMIATION -- --- _ TYPE OF INSURANCE LIMITS oEN61IALUABIurr 8SOM3818 04/30/12 04/30113 EACH OCCURRENCE 1 1,000,000 X COMMERCIAL GENERAL WeIL DAMABETORENTFp =• 100.000 CLAIMS MADE X OCCUR !PP—Mug 34AYP!b!1(( - 5.000 I_� MED.EIfP(Arlyr One perloe) 1 PERSONAL 6 ADV INJURY t 1,000,000 GENERAL AGOREGATE S 2,000,000 OEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP rt1p AGG. I 2,000,000 POLICY Pam'ACT — -- •- LOC AUTOMOBILE LIAalLlnr 2713e400004 04/21112 04121/13 ANY AUTO COMBINED SINGLE V MR (Ee eedalnt) s 1,000,000 ALL OWNED AUTOS BODILY IN.ILRYY - C X SCNEOULEDAUTOS (Par PM N) _ X HIREDAVTOS I X NO -- BODILY INJURY E N•OWNED AUTOS (Per eccldenll •. •- PROPERTY DAMAGE S Par gpeerll GARAGE UA9ILRY ' AUTOONLY•EA At;GIDENT ANY AUTO _ OTHER THAN EA ACC 6 AUTO ONLY AGG t �7-&:;Uv. MBRELLLAA LIABILITY 1 OCCURRENCE S�� I CLAIMS MADE AGGREGATE �— T DEDUCTIBLE RETENTION S I WORKERS COMPENSATION AMD EM►LOYEWUTABLITY 03WECC130717 07117/12 '07/17113 VC TORYI�a _ OT I. "G 8 �� EL EACHACCIDENr S 300,000 OrPICERMEM1IR EACLUD407 __ ey�aeaa � E.L.•DI$CASE•FA EM►LOYEE 7 SOO,000 Ie1QA/FROWgONe eNew -- _ E.L.DISEASE-POLICY LIMIT p PtaTICIDE LtABiLfTY COVERAGE f 500,000 OTHER:WESTERN WORLD NPP1300197 03/16112 OS/16113 $300,000 Per Occurrence i600,000 Aggregats DESCRIPTION OF OPERATIONS/LOCATIONSIVENICLE31EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Landscape and Nursey-Owners are included In Worketo Compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERP,QF, THE ISSUING INSURER YYILL ENDEAVOR TO MAIL 10 DAYS KHOURY REAL ESTATE TRUST TO 00 60 SNAIEN IMPOSE N TO THEO OBLIGATION OR ATE i GILITY NAMED ANY KIND LUPON THE HsuaSa, P,0.BO NS NIILl3 CUSTOM HOMES,LLC IT'S AGENTS OR REPRESENTATIVES. P.O.BOX 626 OsterYpls,MA 02655 AUTHORIZED REPRESENTATIVE Fax 50e-437.0711 Attention: CC 300-111204695 ACORD 2S(2001/08) WILJoy H.Caruso CeRficate 0 1 p973 / 0 ACORD CORPORATION 1988 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le0blyn Name(Business/Organization/Individual): Address: ZD157 DLSC�L C74?1Z) ,U2,/�/t� City/State/Zip: ,O�� hone Are ou an employer? Check the appropriate box: Type of project(required): i j am a employer with� 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. [] New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling shipand have no employees These sub-contractors have 8. Demolition working for me in any capacity. employees and have workers' insurance. 9. ❑ Building addition comp.[No workers' comp. insurance P• required.] 5• ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.0 Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. #Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Ir � �t Insurance Company Name: h�N77JDkb • Policy#or Self-ins.Lic.#: 6 l7 ® 717 Expiration Date: Job Site Address: 9� D U7V .�/ f �A,� City/State/Zip:aYZF72 V/�C Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration da eZ�i Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the D1A for insurance coverage verification. I do hereby certi er the pai d tles of per' at t e in rmation provided abo a is t e and correct Si ature: Phone#: Official use only. Do not write in this area,to be dompleted,by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: ® DATE(MWDD/YYYY) � CERTIFICATE OF LIABILITY INSURANCE 1/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Ellysia Moreis The Insurance Agency of Cape Cod PAICHONE /C No (5O8)BBB-2766 FAX (508)833-0909 480 Rte 6A E-MAIL FSSO P 0 BOX 960 INSURERS AFFORDING COVERAGE NAIC# E Sandwich MA 02537 INSURER A:National Grancre Mutual Ins. INSURED INSURERB:Safety Insurance Company Walter Burke dba Burke's Excavation INSURER C:Technology Insurance Co. 43 Jarves Street INSURERD: INSURER E: Sandwich MA 02563 INSURERF: COVERAGES CERTIFICATE NUMBER Master 13-14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL S BR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMA E O RENT r 500,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE Fx_1 OCCUR MPT706OF 9/3/2012 9/3/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 rEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO LOC CMBIN $ AUTOMOBILE LIABILITY Ea accident SINGLE LIMIT 11000,000 B ANY AUTO BODILY INJURY(Per person) $ X ALL OWNED X SCHEDULED 500259 1/2/2013 1/2/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident 11000,000 Underinsured motorist BI split $ 20,000 UMBRELLA LIAB —d OCCUR EACH OCCURRENCE $ RDED XCESS LIAB CLAIMS-MADE AGGREGATE $ RETENTION$ $ C WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ 100,000 OFFICERIMEMBER EXCLUDED? NIA C3327982 9/17/2012 9/17/2013 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 Y DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Job location 92 South Bay Road Osterville, MA. CERTIFICATE HOLDER CANCELLATION (508)420-4895 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Bruce Besse Landscape 205 Olde Homestead Drive Marstons Mills, MA 02648 AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) 1V ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD Town of Barnstable Regulatory Services + BARNSI'ABLE, v MAss. Thomas F. Geiler, Director �'OTF1639. ,0 Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.ba rnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 October 22, 2008 Attorney Patrick M. Butler Nutter McClennen& Fish LLP Attorneys At Law PO Box 1630 Hyannis, MA 02601 Re: 72 & 92 South Bay Road,Osterville, Massachusetts Assessors Map 93, Parcels 42-3 and 42-1 Dear Attorney Butler: This correspondence is in reply to your letter regarding the above captioned lots. In reviewing these lots I must start with what exactly comprises these lots according to the assessor records. The two lots are addressed as 72 and 92 South Bay Road. However, this is according to your analysis where it stops. According to the town's records 92 South Bay Lot 093 042 001 is a lot comprising of 2.35 acres and according to the 1986 Land Court Plan would have been lots 20 and 21. Number 72 South Bay, parcel 093 042 003 is a 1.18 acre vacant lot. Now comes the question of whether one can now tear down the existing home 92 South Bay and rebuild two homes on two lots under 240-91 H. This section of the ordinance would not apply because according to the assessor records there only exists one lot. 92 South Bay is map 093 parcel 042 001. When, by whom, or how the two lots shown on the 1986 plan were combined into one lot I don't have the answer to that. All I do know is that according to the town's records today there exists one lot and therefore 240-91 H (1) & (2) would not apply. Respectfully, Thomas Perry,CBO Building Commissioner Nutter Patrick M. Butler Sarah A.Turano-Flores Direct Line: 508-790-5477 Fax: 508-771-8079 E-mail: sturano- flores@nutter.com August 19,.2008 0101793-00004 By Hand Thomas Perry Building Commissioner Barnstable Building Division 200 Main Street Hyannis, Massachusetts 02601 Re: 72 & 92 South Bay Road, Osterville, Massachusetts Assessor's Map 93, Parcels 42-3 and 42-1, respectively Dear Mr. Perry: This office represents Paul and Phyllis Fireman. The Firemans are desirous of developing 72 and 92 South Bay Road in Osterville. Presently, the properties are improved by a single family residential dwelling which straddles the property line between the two lots. The Firemans wish to demolish the existing dwelling, and to construct two (2), single family dwellings on each of the two lots. It is our opinion that this development may be done as of right pursuant to the provisions of Section 240-91(G) of the Barnstable Zoning Bylaw. Therefore, we are writing to obtain a written zoning determination from you confirming that no zoning relief would be needed for the Firemans to demolish the existing structure and to construct a single family dwelling on each of the two lots (provided, of course, that each of the proposed structures would otherwise conform with the applicable dimensional and bulk requirements of the Barnstable Zoning Ordinance). Information to help further your determination in this regard is set forth below. On December 22, 1986, the Barnstable Planning Board endorsed an Approval Not Required Plan creating the two lots in question. Enclosed herewith is a copy of said plan, attached as Exhibit A. The ANR plan took lot B-4 on Land Court Plan 3730, and divided it into 2 separate lots, each consisting of one acre of zoning. At this time, one acre zoning was in effect. The lots met all zoning requirements, except there was a dwelling located right in the middle of the newly established property fine. The ANR Plan contains a note on the footprint of the house which says: "Frame Dwelling to be Removed." NUTTER McCLENNEN & FISH LLP •ATTORNEYS AT. LAW 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 • 508-790-5400 • Fax: 508-771-8079 www.nutter.com Thomas Perry August 19, 2008 Page 2 On January 9, 1990, Paul and Phyllis Fireman took title to the two lots. The Deed was registered in the Barnstable County Registry District of the Land Court on February 2, 1990. In October of 2000, the Town of Barnstable adopted the Resource Protection Overlay District (RPOD), which required 2 acre minimum zoning in the area of South Bay Road. Section 240- 91(G), identifying the exemption provisions for the Resource Protection Overlay District states: (1) Any increase in area, frontage, width, yard or depth requirements of the Resource Protection Overlay District shall not apply to a lot for single- or two- family residential use which immediately prior to November 16, 2000, either: (a) conformed to the applicable bulk requirements of this chapter immediately prior to November 16, 2000; or (b) immediately prior to (the effective date of this chapter) was protected from the applicable bulk requirements of this subsection by the provisions of§240- 91(A), (B), (C), (D), or (E) of this chapter. The Fireman lots,.created in 1986 as two, one acre upland lots, conformed with bulk requirements as of November 16, 2000. As such, the two acre minimum lot size requirements of the RPOD do not apply to these pre-existing, nonconforming lots, and they may be developed as of right. This interpretation is fully supported under state law, which recognizes that more liberal local zoning bylaws may authorize development where it might not be permitted under the state Zoning Act, G.L. c. 40A. Indeed, the grand-fathering provisions of G.L. c. 40A, §6 would not extend to this situation. The second sentence of G.L: c. 40A, §6, P. 4 affording protection to lots held in common ownership only extends grand-fathering protection for a period of five (5) years from the effective date of the zoning change and, therefore, cannot be applied to this situation because the RPOD zoning change occurred over five (5) years ago. Similarly, the 6' paragraph of §6, affording "freeze" protection to lots shown on ANR plans, extends for only three (3) years after the ANR.endorsement. As the Fireman lots were created by an ANR plan endorsed in 1986, this provision cannot be utilized to provide protection. Despite the inapplicability of the state grand-fathering protections, the state Zoning Act recognizes that localities may afford development protection where the state Act does not. G.L. c. 40A, §6, P. 4, states: "[t]he provisions of this paragraph shall not be construed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not prohibited by the zoning ordinances or bylaws in effect in a city or town." In DeSalvo v. Chatis, Misc. Case No. 149615, at 7 (Land Ct. 1991), the Massachusetts Land Court held that G.L. c. 40A, §6, P. 4 "provides only a floor and that a municipality is free to grant,more liberal treatment to the owner of a nonconforming lot." This reasoning is supported by several Thomas Perry August 19, 2008 Page 3 appellate decisions. Baldiga v Board of Appeals of Uxbridge, 395 Mass. 829, 834 (1985); Seltzer v. Board of Appeals of Orleans, 24 Mass.App.Ct. 521, 522 (1987); Lee v. Board of Appeals of Harwich, 11 Mass.App.Ct. 148, 154 (1981); Weiner v. Board of Appeals of Harwich, 2 Mass.App.Ct. 647 (1974). As noted above, the Barnstable Zoning Bylaw does afford more liberal protection for conforming, pre-existing lots. The RPOD increase in area requirements shall not apply to lots for single family residential use if the lots complied with zoning requirements prior to the effective date of the RPOD. Section 240-91(G)(1)(a). The Fireman lots complied with the one acre zoning in effect as of the ROM zoning change in November of 2000 and, therefore, these lots are exempted pursuant to §240-91(G)(1)(a). Town Attorney Ruth Weil, with whom we both met in June, posited that this provision of the local bylaw applies only to vacant land. The provisions of Section 240-91(G), however, do not limit its application in this manner. Attorney Weil is presumably relying on case law interpreting the provisions of the state law, G.L. c. 40A, §6, P. 4. The appeals court has analyzed that provision and concluded that "[t]here is nothing on the face of the fourth paragraph to suggest that it was intended to apply to anything but vacant land. Willard v. Board of Appeals of Orleans, 25 Mass.App.Ct. 15, 18 (1987). However, the Willard case is interpreting the particular provisions of the state statute, and is not referring to what may be the more liberal provisions of a local zoning bylaw or ordinance. The application of Willard's reasoning to a zoning analysis of the Fireman lots, therefore, is inappropriate and not applicable or controlling. The provisions of §240-91(G) do not limit its application in any way to vacant land and, indeed, it is apparent that past practice in Barnstable has been to apply this provision to developed lots. In fact, this provision was once applied to.the Fireman lots by the Town's Planning Department, who felt its application was appropriate, even though the lots were developed with a single family residence. When the Fireman properties were before the Board of Appeals in 2004, the Firemans sought a variance from the area requirements under the ROM in order to "re-establish" the two lots. The staff report submitted to the ZBA cited §240-91(G) when opining that variance relief was not needed: "Staff is perplexed why [variance] relief is needed to lot area. The lots meet the minimum upland are of one acre when created in 1986. Section 240-91(G) of the Zoning Ordinance protects legally-created, pre-November 2000 undersized adjoining lots held in common ownership from merger due to the two-acre minimum lot area imposed by the Resource Protection Overlay District Regulations." A true and accurate copy of the Staff Report is enclosed herewith for your ease of reference, and attached as Exhibit B. Thomas Perry August 19, 2008 Page 4 We believe Mr. Traczyk was correct. Variance relief is not needed to "re-establish" the two Fireman lots, because the two lots never merged. The more liberal local provisions of §240-91(G) prevented the two lots from merging for zoning purposes, despite the fact that they are held in common ownership and despite the fact that they are developed with a residence. Baldiga v Board of Appeals of Uxbridge, 395 Mass. 829, 834 (1985); Seltzer v. Board.of Appeals of Orleans, 24 Mass.App.Ct. 521, 522 (1987); Lee v. Board of Appeals of Harwich, 11 Mass.App.Ct. 148, 154 (1981); Weiner v. Board of Appeals of Harwich, 2 Mass.App.Ct. 647 (1974). This interpretation is bolstered by the remaining provisions of §240-91(G). Subsection (G)(1)(b) states: "(1) Any increase in area... shall not apply to a lot for single-...family residential use which immediately prior to November 16, 2000.... (b) was protected from the applicable bulk requirements of this subsection by the provisions of §240-91A, B, C, D or E of this Chapter." Section 240-91B governs lots held in common ownership. It affords protection for a period of five years provided the lots have a minimum of 7,500 square feet in area and 75 of frontage, conformed to zoning when legally created, and conformed to zoning as of January 1, 1976. The Fireman lots meet all of these requirements. While this-provision extends protection for only five (5) years when the increase in area is made.by general zoning amendment, because the increase in area occurred as part of the RPOD provisions, it is extended permanently. This is because Subsection (G)(2) of the RPOD provides that the exemption provisions of §240- 91(G) "shall be permanent." Therefore, the five (5) year grand-fathering provisions otherwise applicable to lots held in common ownership under §240-91(B) are extended permanently to lots within the RPOD pursuant to the provisions of §240-91(G)(2). Accordingly, it is abundantly clear that the drafters of§240-91(G) intended its exemption provisions to permanently extend to lots held in common ownership. In light of the explicit provisions of the local zoning ordinance, and particularly §240- 91(G), we respectfully request that you confirm, in writing, that no zoning relief should be required for the Firemans to demolish.the existing residence and to construct two (2), single family dwellings, one on each of the two lots. Both of the lots are conforming pursuant to the provisions of §240-91(G) and, as such, should be treated as lawful, building lots without the need for any zoning relief. Thomas Perry August 19, 2008 Page 5 Thank you for your time and considered attention to this matter. We would be happy to answer any questions you may have as you review our request. In the meantime, we look forward to hearing your final determination. We remain, r2tr�ik yours, I Butler Sarah A. Turano-Flores cc: Attorney Eliza Z. Cox Town Attorney Ruth Weil Art Traczyk, Growth Management Department 1751143.1 I . I w Town of Barnstable Planning Division Staff Report Thomas A.Broadricl,Director +. Planning Zoning&Historic Pmem ion Fireman Appeal 2004-095 Variance Section 3-1.3(5) Bulk Regulations,Minimum Lot Area&Width and Section 3-5.3(4) Resource Protection Overlay Minimum Lot Size Appeal 2004-96-Special Permit Section 4-4.3(2),Nonconforming Single Family Dwelling&MGL Chapter 40A Section 6 Demolition and Reconstruction of a Single-family Dwelling&Reestablish Non-Conforming Lots Date: April 5,2005 To: Zoning Board of Appeals Art Traczyk,Principal Planner Petitioner: Paul and Phyllis Fireman ! Property Address: 92 South Bay Road,Osterville,MA Assessor's Map/Parcel: Map 093,Parcel 042-001 Zoning: Residence F-1 Zoning District Filed:April 26,2004-360 Day Extension Hearing:Opened July 7,2004,continued September 1,2004,October 27,2004,December 8,2004, February 16,2005,and to April 13,2005: No Members Assigned—No Testimony Taken Copy of Public Notices: Appeal 2004-95-Paul and Phyllis Fireman have applied for a Variance to Section 3-1.3(5)Bulk Regulations,Minimum Lot Area,Minimum Lot Width and Section 3-5.3(4)Resource Protection Overlay Minimum Lot Size. The Applicant seeks to re-divide the lot into the original two lots that were established by a 1987 Land Court Plan. The property is located as shown on Assessor's Map 093,Parcel 042 001 addressed as 92 South Bay Road,Osterville,MA in a Residence F-1 Zoning District. Appeal 2004-96-Paul and Phyllis Fireman have applied for a Special Permit in accordance with 4-4.3(2), Nonconforming Structure Used as a Single Family Dwelling and MGL Chapter 40A Section 6 findings to demolish one single-family dwelling and accessory structure, and to reconstruct two single-family dwellings on 2 undersized one-acre lots. The property is located as shown on Assessor's Map 093,Parcel 042 001. Background &Review: As shown on today's Assessor's Map and Record,the subject property is a 2.35 acre parcel developed with a 1.5-story, 5,947 sq.ft.,four-bedroom, single-family dwelling,a detached 40 by 24-foot accessory structure Planning Division-Staff Report and a 192-foot dock. Development of-the parcel originally:dates,to a45U'The property is located on West Bay in Osterville and fronts 237 feet on South Bay Road. In 1990,the Applicants,Paul and Phyllis Fireman,owners of the neighboring parcel to the west, 116 South Bay Road, purchased 7 lots to the east, as evidenced in a deed recorded at the Barnstable Registry of Deeds as Certificate Number 119718. All of the eight lots front north and south on South Bay Road. Over the coming years,the Applicants sold four of the lots and now retain possession of four of the lots that today are shown as three parcels on the Assessor's Man 93. The lots are addressed as 116, 92 and 72 South Bay Road. The parcel addressed as 92 South Bay Road is a composite of two lots created.in 1986 by a Approval Not Required Plan filed as Land Court Plan 8730-F. According to the application submitted,the Applicants are seeking-to"r".e'establish":the underlying two lots located at 92 South Bay Road... Those lots being L.ot,Number 3 and 4:as.shown:onthe December.l7; 1986 Land-Court Plan 873O F. The Board should.note that the 1986 plan strnnk.the p 1perty line between these lots;throu�h•the.existnt�dwel'lin'g;_locatedoritlie-�onerty;. • ', To a omplish the proposal,two applications were submitted.to the Board last April. With respect to Appeal 2004-96-a request for a Special Permit pursuant to Section 4-4.3(2), Nonconforming Single Family Dwelling&M.G.L. Chapter 40A Section 6-it is Staff s impression that today this relief may not be required. In November 2004,Town Council amended the Zoning Ordinance with a new paragraph 7 to Section 4-4.2 Nonconforming Lots. That paragraph allows for the as-of-right demolition and the rebuilding on non-conforming lots of 10,000 sq.ft.,or greater. ( )With regards to Appeal 2004-095 a request for Variances to Section 3-1.3(5)Bulk Regulations, Minimum Lot Area&Minimum Lot Width and Section 3-5.3(4)Resource Protection Overlay Minimum Lot Size, staff would offer the following comments. o On the Variance to the minimum lot area,unless there is other information that has not been identified in the application(such as a shifting in the wetlands that diminished the upland area of the lots) Staff:is;,perplexe&rwhy rel eftis needed.to JQt.area. The lots.meet the mvuunum upland area of one acr.e.Mw n_created m�19.86. Section 240-91 G ( )of the Zoning .I*. Ord protects legally-created,pre-November 2000 undersized adjoining lots held in common ownership from merger due to the two-acre minimum lot area imposed by the Resource Protection Overlay District regulations. o On the Variance to the minimum lot width, it appears issues could exist with the otential develo ment of Lot Number 4 as shown of the Land Court Plan(Number 21 on the tan)that might limit the�0n rea of the lot for building. Staff has taken the liberty to eate that area of buildabli the lots,given1he°required°lot width zif 1°25 feet and sBurning:,a.:10,0.fooVsetbaekftoffi--wetlands(identified on the ANR Plan as edge of upland). 2 Planning Division-Staff Report If the issue here is in realty the limitation imposed by conformity to lot width for Lot Number 4(Number 21 on the ANR Plan), Staff would recommend that the Board should know to what degree they are being requested to vary that dimensional feature. In instances like this,the Board has traditionally requested more detailed information on the proposed level of development being proposed for the lot. Variance Findings: In consideration for the Variances,the Applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • Unique conditions exist that affect the locus but not the zoning district in which it is located; • A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner; and • The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: Because Staff is speculating on the nature of the request being made,no suggestion of conditions has been generated. Information of Lot Creation: According to Staff research, it appears when the dwelling was originally built sometime in the early 1950's, it was constructed on Lot B4 as shown on Land Court Plan dated December 16, 1952. In 1971,the prior owner of land submitted a subdivision plan for the area. Subdivision Nu 211 was endorsed by the Planning Board on November 15, 1971. That plan created a 2-acre lot Lot B-4A—as shown on the plan. The lot respected the location of the structure,enclosing the entire dwe i rts own separate lot. It appears this plan was never unplemented;as no recorded plan of the subdivision was found. In December o 6�,,d Planning Board did endorse an Approval Not Required Plan submitted that created 4 lots numberated to the south of South Bay Road. That ANR Plan was recorded at the Barnstable registry of Deeds as Land County Plan 8730-F and remains the plan of record for the subject locus. The Board should note that on the ANR plan,--an e is added that the.then existing dwelling was to be moved and that all of the four have only 43,560 sg.ft. of upland just, satisfying the minimum upland requirements for the district. The Board should also recall that in the recent Appeals 2005-26 and 27 of Gerald Ramin and Larry D. Nickulas for property at 300 Shootflying Hill Road, West Barnstable&35 Lakeview Drive,Centerville the Board respected that lots created by a 1914 subdivision plan were still valid although the Assessor's Map did not reflect the division of the property. Copies: Petitioner/Applicant Attachments: 3 BUBDIYI810�i PLAN.OF 1 V 13O �.•_ ,. L/WD IN BARNSTABLE w :Baxter & Nye, Inc.; Suriveyors December 17. 1986 a� W E CaIAarNne q/, �o. Don/e/ L.C.No. 9198A cor/. No. 2/10 , G.B. NB9°d9/e`W .-I,—SDUTH. ' �.� . B` BAY, ROAD, o�' 6 ° 9�B - p ° 140.AD�n /3060 ---' € /5F.410 spv � d Z rhj O • N N � 3 •1•� 4 5 mot. faVY Q0 C.B. p O h 'OB 0 ,� aSa a/Ion/ •: MARR .-_ . 4C. - Subdivision of Lots B3 and B4 Shown on Plan 8730D Filed with Cert. of Title No. 9558 Registry District of Barnstable County Separate certi loates of title may be Issued for land. shown hereon By the Court. • copy o/ e.f or Aran !! In LAND REQ/S TPA TIONION OFFICE WAN. M, 1987 r�AN.•./�,,,l9.Q7 Rocoide Scale of th/s plan W feef to an Inch F. Louls A.Moore,Engineer for Court f - TRO�p 7 q .ra�rLL KNOW ALL, WEN BY THESE PRESENTS that � WHEREAS, John F. w Cullen of Ship wa place C-3 Suffolk County in the Commonwealth Of Massachusetts, asot appointed Trustee in Bankru the duly � South Ba ptcy of Timothy J. Sheehan, III, and y Realty Trust, (Case No, 88-12451-CJK and Case No. 88-12450-CJK consolidated � under Chapter 11 cf Title 11 of the United States Code in the United States Bankruptcy District of Massachusetts) who bean dulynkruptcy for the i the United States District Co g adjudged Bankrupt by {� Massachusetts u urt for the District of Pon a petition filed in said Court on the 12th "day of December, 1988, by virtue of the Se t power granted to me by. said court on P ember 25, 1989, have sold the right, title, �. and interest of the said Ba Of Intended nkrupt pursuant to Trustee's Notice Public Sale in the hereinafter described real estate at public sale to Paul Fireman and Phyllis A. Fireman of 230 Dudley Road, Newton, 'Massachusetts as tenants b for the sum of Three Y the entirety Killion Six Hundred Fifty Thousand and n0/100 ($3,.650,000.00) Dollars. � xow � THEREFORE, in consideration of the said sum of Three f Million Six Hundred Fifty Thousand and no/100 $ Dollars to me paid by the said Paul Fireman and Fireman, the receipt of which Phyllis A- said sum is her I, eby acknowledged, John F. Cullen, the said Trustee in Bankruptcy and as such Trustee, do by virtue and in execution of the power to h by said court and of eve hi given enabiin rY other power and authority hereto q, hereby grant, bargain, sell and convey unto the said Paul Fireman and Phyllis Fir whatsoever the ri ht A. eman as aforesaid, all and 9 , title and interest that the said Bankrupt had on the said date of bankxu the coaaencement of proceedings in said ptcy in and to the followi namely; ng described real estate, - 2 - The land and buildings in Barnstable County, COmmonvealt)- o Massachusetts being described as follows: Being Lots 14, 15 and 16 on Land Court plan No. 9592-L dated November 4, 1987 drawn by Baxter and Nye, Inc. Registered Land Surveyors and Civil Engineers, Osterville Massachusetts and filed in the Land Registration Office at Boston. i Said lots area subdivision of Lot 4 as shown on Subdivision Plan 9592-F filed in the:Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration gook 239, Page 47 with Certificate of Title No. 30797. Said Lot 14 containing approximately 47,470 square feet. Said Lot 15 containing approximate ly 47,470 square feet. Said Lot 16 containing approximately 47,469 square feet. Said land is subject to and has the benefit of rights and easements in the Way thirty (30) feet wide, as shown on plan 9592-C and set. forth in an Agreement between Edward C. Crossett et ai and Francis w. Parsons dated September 15, 1922 duly recorded lm Book 388, Page 474, so far as now in force and applicable. Said land is subject .to and has the benefit of the rights and restrictions set forth in Document No. 82,300, said restrictions to remain in force for a years from July 20, 1963. r1OQ of twenty (20) Being Lots 3,4, 5 and 6 as shown on Land Court Plan 8730F dated December 17, 1986 titled Subdivision ubdivision Plan of Land in Baxter and Nye, Inc. Surveyors. Said lots are a subdivision of lot B-3 and B-4 as shown on plan 8730-D dated April 1948, Pegi and filed in' he Land �rhich is filed in Barnstables t a copy of Counto ROffice at Boston, Land Registration Book 62, 9558. Page 58 with Certificatetof Title No. LAW-COW. eo OK n. Md how d-;bwwer *40n ow b trew a JOIN s IM 4 g. �- 16 a r 3 - Said land is subject to and has the benefit of an Agreement by and between Francis N. the terms cf September 15 Parson et al dated , 1922 duly recorded in' Book 388, page 474, so far as now' in force and applicable. i i So such of said Lot B-3 as is included within the limits of the roads as shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same and there is appurtenant to said land the right to use the the State High way -to and from way from and to said land, said right of way to be used for all purposes for which streets or highways now or hereafter are or may be used. Said land is also subject to a right of way as established by a grant of such -on November 12, al, being1946 to Leila P, tierrill et Document No. 21,147, and said right of way shall be appurtenant to the remaining land of Adolphe O. and for use in coffing wi Frank C. p Richards et al Tuttle and their successors in title. ttle, Jr. and Sara D. i Said Lot B-3 is subject to the restrictions set forth in Document No. 70,325, which shall r twenty (20) years from June 6, 196a1n if force for a period of 1. So much of said Lot B-4 as is included within the limi _. the 20 foot Way shown on' said plan is s is f all persons lawfullyobject to the rights of entitled thereto in and over the sale and there is appurtenant to said land 'the right to use Nay on Lot B-3 and the right to use g the 20 foot State Highway from and to said land for all way to and from the streets or highways now or hereafter are or may purposes for which be used. Said Lots B-3 and B-4 are subject to the rights granted in an easement i dated given to the Cape & Vineyard Electric Co August 12, 1953 being Document Elect No 3Elect any et al. Said lots are subject to an Order of Conditions dated May 12, 1987, recorded with the Ba Registered rnstable Registry of Deeds Land Section as Document Number 430, 654 with Certificate Number 106378. restrictions This conveyance is subject to all and ease&ents of record. 4 - For the Debtor's Title, see Certificate No. 106378 recorded in the Registered Land Section of the Barnstable Registry of ' Deeds in Book 869, Page 58. The premises are granted and conveyed free and clear of all mortgages, encumbrances, liens and attachments, with the liens of the secured parties attaching to the proceeds of sale in order of their priority, subject, however, to (a) building, zoning and other use limitations and restrictions, ordinances, by-laws, 'rules and regulations of applicable public and private authorities having jurisdiction or control thereover, (b) rights or claims, not shown by the public records which could be disclosed by an accurate survey and inspection of the Premises. TO HAVE AND TO HOLD the granted premises, with all the Privileges and appurtenances thereto belonging, to said Paul Fireman and Phyllis A. Fireman and its-successors and assigns, to their own use and behoove forever. IN WITNESS WHEREOF, .John F. Cullen, the said Trustee in Bankruptcy, does as such Trustee hereunto set his name and seal this day of January in the year one thousand nine hundred and Ninety. Signed and Baled in presence of o F. Cu en, Trustee, in no manner hatsoever individually C'OKKONWIEALTH OF MASSACHUSETTS SUFFOLK, SS. January ?' ; 1990 Then personally appeared the above-named John F. Cullen, Trustee and acknowledged the foregoing instrument to be his free act and deed, before me, n No �{ My commission eYpires: .G{l6(? 3 ' o DEEDS cc D3;EDS SE _ , _ _ --� N -----.. 0. 0 0= - 9 0 0. 0 8� O ►23 ton DE V + DE, CIS�'E iE� tN 900. 00= a tB.1082� '�• of fEl 2'!� 90 Q 0 Q cz w DEEDS EX N 1== -.'T— Go= DE iEi-XW 9 0 Q 0 VG :DEEDS Ne7� cm. L..n_i • 1.....�----+ o [�,10821 i QtjS, al --- VARNSTABLE — DE SSE ,�- ,LL7 9a0. 00� � . TU 83.11 5874A111 11a50 .EXCISE UX ca DEED Z 21 DEEDS • . E 900. 09- UNITED STATI S $ANK=pCy COM . FOR THE - - DISTRICT OF XASSACEMETTS DOCKETED Ism Re: TIMOTHY J. SHEEHAN, III Case No.88-12 451-CJK SOUTH BAY REALTY TRUST Case No.88-12450-CJK Chapter 11 Debtor Consolidated TRUSTEE'S NOTICE OF YNT mmm PUBLIC SALE 1. Notice is hereby given by the Trustee, John p. Cullen,Of the intended sale by the Trustee of the Debtor's interest .in C? t.e hereinafter described real property assets of the bankrupt6y estate of the above-named Debtor pursuant to 11 U.S.C. Section 363. 2. The sale will be a Trustee sale at public auction to be conducted by Paul Saperstein Company at the Tara-Hyannis Hotel & Retort, Hest End Circle, . Hyannis, IAA 02601, on December. 9, 1989, at 11:00 a.m: _ ..._ -Tb&-J14XQiVAttAr described real prop@rty has not bean -. claimed by the Debtor or any other person entitled to assert the Debtors exemptions under federal or state law except by Timothy J. Sheehan, III who claims a $7,900.00 exemption as beneficiaxy Of the South Bay Realty Trust pursuant to Section 522 (a) of the U.S Bankruptcy Code. I 4. The sale will be free and clear of all mortgages, encumbrances, liens and attachawnts except; as provided in the Memorandum of Terms and Conditions of Sale attached hereto. Said liens, if valid, shall attach to the proceeds of sale in cWer of their priority. S . Without representation as to their validity or OILS BA lability the following liens appear of record. A first �C_"-*r�t 3 fL fled ed to beoct cBY °f e t taad $1 \ eor! C. Clerk i D15t. ncc�,,t.Y C��,-t of dassachu �f MASS / S• �Pu ti Clerk mortgage to Marquette Financial Corp. and a second and third i mortgage to George A. Downey as Trustee for Sheehan-WestBa y Realty Trust, A Notice of Contract by A . G . M . Marine Contractors, Inc. i 6. By this Notice, the Trustee requires that bids will only j be accepted for said real property provided bidders deposit wit: the Trustee or his designated representative at least 1/2 hour ,before time of scheduled sale the amou*' of $35,000. 00 Dollars for bids on individual parcels and " '00,000.00 for bids on the e^t'; it the form of a certified or bank check, or in a form deemed acceptable by the Trustee or his representative. 7. This Notice is given in order to enable parties in interest all opportunity to object to the intended sale. U.-less a party in interest files a written objection with the Clerk . of • the 344k - Ptcy Court, 1101 O'Neill Federal Office Sail.di;ng, 10 Causeway Street, Boston, Massachusetts 02222 before (l% ,a, on 1989 the sale will be held as described and the rights of parties in interest in the above-captioned bankruptcy. case in the real property will be transferred to the sale proceeds. Objections must be in writing, give the Debtb_r's name(s) and case number and the reasons. for the objection_ If an objection is filed, the 'Balikruptcy Court will schedule a hearing on the objection on LLLLi_ !1' i L, 1989 at • i (. ,m. 8. The real property assets of the bankruptcy estate to be sold at public auction on Decesber 9, 1989 are located in the Town of Osterville, Barnstable County, an exclusive area of Cape Cod. The property consists of five unimproved lots and a double lot with a house on it. The seven lots contain approximately 8.74 acres. Four lots are waterfront property. The property is more particulary described as: The land and buildings in Barnstable County, Commonwealth of Massachusetts being described as follows: Lots 14, 15 and 16 on Land Court Plan No. 9592-L dated November 4, 1907 drawn by Baxter and Nye, Inc. Registered Land Surveyors and Civil Engineers, Osterville, K.k. - 3 - .. Being a subdivision of Lot 4 as shown on Subdivision Plan 959 - tiled in the Land Registration Ottico at Boston a co 2 F is tiled in Barnstable Count � of which Registration Y Registry o! Deeds in Land Book 239, Page 47 30797. with Certificate of Title 110. Said Lot 14 containng Said Lot 15 cantaini 47,49q square feet. nq 47,470 square feet. Said Lot 16 containing 47,469 square feet. - Said land is subject to and has the benefit eagenents in the Wayof rights and thirty (30) feet wide, as shown on plan 9592-C and set forth in an reemant between Edward C. Cyroasett et al and Francis W. Parsons dated September 15, 1922 duly recorded in Book 388, page 474, so far as now in force and applicable. Said land is subject to and has the benefit of and restrictions set forth in Document No. the rights ,300, said restrictions to remain in force. for a period of 2twenty (20) Years from July 20, 1963. - BelI18 I.G19 3,4, 5 and 6 as shown on Plan 8730F dated December 17, 1986 titled Subdivision Plan of Barter and Nye, titled ed Subdivision dated Dec Land in Barnstable, lots are a subdivision of .lot B_3d ember 17, 1986. Said 8730-D B-4 as shown on plan dated April 1948, and filed in the Land Registration Office at Boston, a copy of which is filed in Barns Registry of Deeds, Land Registration Book 62, Pagel5 County Certificate of Title No. 9558. Said land is subject to and has the benefit of the terms of September 1 155,Agreement, by and between Francis w. Parson. et al dated Se 1922 duly recorded as now in force and applicable. in Book 388, Page 474, so for So much of said Lot B-3 as is included within the limits of the roads as shown on said plan is subject to the rights of all Persons lawfully entitled thereto in and over the same and there is appurtenant to said land the right to use the way the State Highway from and to to and from used for all pu said land, said right of way to be hereafter are rposes for which streets or highways now or • or may be used. Said land is also sub by grant ject to a right of way as established of such on November 12, 1946 to Leila P. Merrill et i .n al, be appurtenantto.;tha`:,.,A and . for use Jn comon. wi Tuttle and their successor!_ Said Lot B -3 is subject. .�.^ . . ..... .. �-:- - ... .• ._ ,�._ ��-s i the. trictic" got . forth. in Document No 70,325, which '1�!= Oip9� , t twenty (Zp) yQars !rota June, 6 r iod Of SO much .of said Xrot 8-4=a the 20 fOot•-Way shown on faded tbin:Jht baits-at #: all Persotts.lavtul1 antitl4d. ytQ :; ,3.gh ia�d CAs%44DFurteaant to said ? V.1y gA.;.xAt -B-3 and the z�qA `4tp the ra 00t- 5 tatd 8ighvay fraa and to said'lhnd !6r all: Y o ct'_2' st:^e�ts streets. Or Aighwaya now or haZ�aaltor, P�e� f Ory��_ -&re or:may be used. Said hots B-3 and B-4 are subjject .to the rights granted in an easesent .•given to the Cape i Vineyard Electric Company st Al dated August 12, 1953 being Document No 37,913. Said lots are subject to an Order of Conditions dated May 12, 1987, recorded with the Barnstable Registry of Deeds Registered Land Section as Document Number 430, 6544 with Certificate Number 106378. For the Debtor's Title, see Certificate 106378. 9. The Memorandum .of Terms and Conditions of sale is incorporated herein by reference and is on file with the United . States Bankruptcy Court. Additional copies can be obtained by contacting Beth R. Klein, Cullen i Resnick, Shipway .Place Place C-3, Boston, Massachusetts. 10. The sale of the property is subject to final approval of the Trustee. 11 . Additional details of sale can be obtained by contacting the Paul Saperstein Company, 148 State Street, Boston, MA 02109, at (617) 227-6553. Respectfully submitted, J n F.Cu en, Trustee CULLEN i RESNTCK Charlestown Navy Yard Shipway Place C-3 Dated: // G�s ! Boston, Xassachusetts 02129 _4517j 242�4;86¢T bSaQ17SOj._ •� r Ram AlSwcr of msswwsms SIB I� In re: SoUlH BAY RSA=TIMDW TRLbT J. SHEEEIAN, III Case No.188-I24- -C',7K U-12451-= Debtor I FICAIE CF APM. nm- N- pF' =U= JCM Ct Charlesta ai XJ"l SIDE, historic Char�estam Navy Yard, ShiP�Y Place, jj abOvle_ramed•�r. as Trustee of the es�zte of the s BAH�RU,o Certified tc be a terse and. It�� -•. , _ Robert i Date: SCO �. _' •� .o �` �� (� '� zpstj; Clerd JUA i ----- - . _. _ ���. .SOS D�►t�• .S" !�O ._ . ._ ...._. ' ~ ^-- United States Trustee . � y EE 'S _AOM?mNM The� a� t����.°iin�ct, t� duties and elf and his sureties taller the terms of the bond to be or heretofare filed with the thdted stages Bania*tcy court. csi�atLLre) -',�. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS In Re: TIMOTHY J. SHEEHAN, III Case No.88-12451-CJK SOUTH BAY REALTY TRUST Case No.88-12450-CJK Chapter 11 Debtor Consolidated I, ROBERT L. BINGHAM, .CLERK OF THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS, DO HEREBY CERTIFY THAT AN EXAMINATION OF THE DOCKET IN THE ABOVE-ENTITLED CASE INDICATES THE FOLLOWING: 1. THE ABOVE CASE WAS COMMENCED BY THE FILING OF A PETITION ON DECEMBER 12, 1988. 2. JOHN F. CULLEN WAS APPOINTED AS TRUSTEE IN THE CASE ON SEPTEMBER 25, 1989; 3. ON NOVEMBER 7, 1989, THE TRUSTEE FILED A NOTICE OF ---UTFX= PUBLIC SALE OF REAL ESTATE TO WIT. THE SALE OF THE DEBTOR'S REAL ESTATE LOCATED AT 92 SOUTH BAY ROAD; OSTERVILLE, MASSACHUSETTS; 4. NOTICE OF PUBLIC SALE WAS GIVEN TO ALL PARTIES IN INTEREST AND AN AFFIDAVIT OF THE MAILING OF SAID NOTICE HAS ZfrN FILED WITH THIS COURT; S. ONE OBJECTION TO THE SALE WAS FILED. A HEARING ON THE OBJECTION WAS HELD AND THE OBJECTION WAS DENIED. 0 z IN TESTIMONY WHEREOF, I ?� 7�DpE HEREUNTO SET MY HAND AND AFFIX fnin(D �S BANK,Q� S IS COURT, AT 21 IN THE DIS' C`T vD o0n° 5�� CC /AT"f- OF tASSACHUSETTS THIS DAY A.Z OF , 1990. m D m O fi Y = 3IF �mc +-: -,t ROBERT L. BINGHAM, CLERK v� m1dz ,.� _ 4 v �t1f BY: ` h CLERK 1 f L i63A''��e ri N Town of Barnstable -- Zoning Board of Appeals Notice of Withdrawal Fireman _ Appeal 2004-095 Variance Section 3-1.3(5) Bulk Regulations,Minimum Lot Area & Width ant,-.` Section 3-5.3(4)Resource Protection Overlay Minimum Lot Size ' Appeal 2004-96- Special Permit Section 4-4.3(2),Nonconforming Single Family Dwelling &MGM. Chapter 40A Section 6 Summary: Withdrawn Without Prejudice Petitioner: Paul and Phyllis Fireman Property Address: 92 South Bay Road,Osterville,MA h Assessor's Map/Parcel: Map 093,Parcel 042-001 ? Zoning: Residence F-1 Zoning District Relief Requested &Procedural Summary: As shown on today's Assessor's Map and Record, the subject property is a 2.35 acre parcel developed with a 1.5-story,5,947 sq.ft., four-bedroom, single-family dwelling, a detached 40 by 24-foot accessory structure and a 192-foot dock. Development of dwelling originally dates to the early 1950s. The property is located on West Bay in Osterville and fronts 237 feet on South Bay Road. The structure straddles two lots,Lot Numbers 3 and 4, as created in 1986 by an Approval Not Required Plan filed as Land Court Plan 8730-F on a December 17, 1986. The Applicants are seeking to"re-establish"the underlying two lots located at 92 South Bay,Road. Each of the lots would be undersized as they do not today meet the 1-acre minimum upland requirements of zoning. Two applications were submitted to the Board. Appeal 2004-96 requested a Special Permit pursuant to Section 4-4.3(2),Nonconforming Single Family Dwelling&M.G.L. Chapter 40A Section 6. Appeal 2004- 095 seeks a Variances to Section 3-1.3(5)Bulk Regulations,Minimum Lot Area&Minimum Lot Width and Section 3-5.3(4)Resource Protection Overlay Minimum Lot Size. The Appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 26,2004. An extension of time for holding the public hearing and for rendering of the decision was executed between the Applicant and Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with M.G.L. Chapter'40A. The hearing was opened July 7,2004, and continued to September 1, 2004, October 27, 2004,December 8, 2004,February 16, 2005, and to April 13, 2005, at which time the applicant's representative,Attorney Patrick M.Butler presented a letter dated April 13, 2005 requesting to withdraw the Appeals without prejudice. Motion: At the April 13,2005 hearing, a motion was duly made and seconded to grant the petitioner's request to withdraw Appeals Numbers 2004-95 and 2004-96 without prejudice. The vote was as follows: AYE: Richard L. Boy, Ralph Copeland,Jeremy Gilmore, Randolph Childs, and James Hatfield. NAY: None t Ordered: Appeals 2004-95 and 2004-96 has been withdrawn without prejudice. Appeals of this decision, if any, shall be made pursuant to M.G.L. Chapter 40A, Section 17,within twenty(20)days after the date of the filing of this decision. Ral h Copelafid,Acting Chairman Dam Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed,' t e office of the Town Clerk. Signed and sealed this dayiof / b unde'r the pains an enalties of perjury. Linda Hutchenrider, Town Clerk �— 2 Proof of Publication 72...,1ht"6�.�• \:S•ht :,µr' •;Y.'�: 'ik'E�m�y�} f 4•.,d•«+n�',E`+�'71�! i>t�. t I "FOR. }4s ot �(`)l al*;•°FPBtitit�+rri4�Yf�a �b t'k:�.`i ,}F f� fi �.�� f -4( w�5 dip t " `I�'��t�'`7d "'��i"'.sl�w�r 1t r SF��t' : � r`$+S�1 E,,•,• Y" t t .. 7 w � i + b s._ {t -X, � ( 'yl i lu L 14 r•r I/•� uy 1 � �a" 'j Y+ a,` 1 aR�`��d ' sSX'. �;�^' Grygs� ,£r.t�5 � L e^3 •.�r� fit:.. 09 t .`+nk!�i� v „ n J} � 't �° >+.! ill 'I w�ni t - '� 7 e •� �_ �� f ,tt+�;: 3 t•.t, � i.�` fi tr,.� , rr fin: '�l el ,�` � Ni� t'1>�'•A + 5"v,. » iyr l+d ' }''a: AI; i• t n ;Yta t� 1' n'.wn. r 7 ,•M. l t i� "' .» t' p,t• E p f•.t gip, rti 11 •t} i , . i rt�t v R, �r' 4' tier•^A' t ;1. .r •'Y Zww a,gpy 11...'Y` ra (. 1 �, t"�I�� tl ty f� Id G{ 1� • •(`;�r�tk;�{ �:F+'�``.jJ����'•�tit t- p�� •���iNt ��Sa I f �S�t . . >:.+�I/4•RI,'i�' t'` •.'•1Ft d.it i;•.'.�.I ��" 1 � sf 111WS tal�i x � t�A �t+t? ,'��' t �,�/Ip,_•t'� � �i.� , '�' jf1�r'�C,� �D ' ' n s, ,,,Yr j iDgrtl I : !} �k'' .n ., S • Parcels Within 300' of Map 093 -Parcel 042-001 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from the Town of Barnstable Assessor's database on 6/6/2004 ct' Mappar Ownerl . Owner2 Address 1 Address 2 City State Zip Country J' 093039 KESSLER,P MICHELE 1 BOSTON IMA 102116 USA COMMONWEAL TH AVE 093041 WETZEL,TODD H 158 WEST ST NORTHBORO IMA 101532 093042001 FIREMAN,PAUL&PHYLLIS A %A MULLEN PFP ASSOC#905 1601 FORUM W PALM BEACH --]FL 33401 JUSA PLACE 093042003 FIREMAN,PAUL&PHYLLIS A %PFP ASSOCIATES 1601 FORUM W PALM BEACH FL 133401 JUSA \( � IPL,SUITE 905 093042004 1HUGGARD,TERRENCE J& 58 SOUTH BAY OSTERVILLE MA 02655 USA MARJORIE C IRD 093044 FIREMAN,PAUL&PHYLLIS T. ASSOC SUITE 905 1601 FORUM W PALM BEACH FL 133401 JUSA PLACE 093045001 LANE,CAROLYN C 132 SOUTH OSTERVILLE IMA 102655 USA BAY RD 093059 �MANN,DEBORAH A 4 KNIGHT RD ISHARON IMA �02067 t I . 093059/01 ISIMONS,ARTHUR&BARBARA 30 LAURUS LN NEWTON IMA 102459 JUSA 093059002 KESSLER,HOWARD J 1 BOSTON rA �02101 COMMONWEAL TH AVE 093062 KESSLER,HOWARD J ONE BOSTON IMA �02116 USA COMMONWEAL TH AVE 093065 ROBERTS,CRISTINA E 121 SOUTH OSTERVILLE ___]MA 102655 BAY RD 093066 CONNAUGHTON,WILLIAM TR 32 FREMONT NEEDHAM MA 02494-2936 USA IST,STE200 093077 BREWSTER,CHARLES A JR 265 BRIDGE ST OSTERVILLE MA 1026-55 JUSA 093078 PI_NIHANE,ROBERT P&HELEN 15 SARAH WAY CONCORD IMA 101742 JUSA Monday,June 07,2004 Page 1 of 1 L 8730 SUBDIVISION PLAN OF LAND IN BAI STABLE V.bitney & Bas:.ett, Phgineevs April, 19,',,8 m b 1 B c \ \ T6'�2•40 W Q 1 11 ca S6749 ,1 aul S 4s k Rc.e. < c.e j0400 428p4t~ 1 � ti F• O I ,\ 1 Y \ B 1 1 � c35 1 ' C-& 1t� /osf\ wAy 3_p'ro W. v'• ` Q o A ory 0 plan 8730 H ^� - b CerC. cn , I Sublivision of Lot Ill :,hov:n on ?1;Arl 87;0C Filed v:itY, Ce]'" Of• Title No. 3030 i'.epistr•y JiE-trjc1, of p,1rnst:,?,l.e Coun`Gy Sepeiete cerjificdtes eof IiNa rney be /ssyed Ifot•! - QC,�.......... as-shown horom Copy of d of plen LAND MIS A RON OIRCE ----APR./6/.948--- {" e4P.�/ �G9/�B _ _ Scale o✓'this pfen/240 fw to an inib � � W T FeircloogA fn;hw for Cwrt,/ �y a N'utter Patrick M. Butler Direct Line: 508-790-5407 Fax:,,508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM July 27, 2007 �5 #101793-4 By Hand TO: Tom Perry, Building Commissioner FROM: Patrick M. Butler E r- MAC RE: u92'Sou'tl °Bay Road, Osterullle; _ Assessor's Map/Parcel. 93X l ev , Tom, This memorandum will serve to followup on our recent discussions regarding the above property. As you have requested, I am writing to provide you with the history and status of the property as it relates to our request for a determination that upon the razing and removal of the non-conforming structure on the existing lots, that each of the lots shall be determined to be two separate building lots, each of which may contain a.single family home to be constructed thereon. The facts and reasoning to support these opinions follow: In May of 1986, the land in question was a single lot consisting of over 2 and t/2 acres . of land with a dwelling located smack.in the middle of the lot. The lot in question was shown as Lot B-4 on Land Court Plan 8730D. The lot was owned by,,Timothy and Barbara Sheehan, as Trustees of the South Bay Realty Trust as of May of 1986..., a In December of 1986, the Trustees filed an ANR plan for endorsement with the Barnstable Planning Board. The ANR plan took lot B-4 on Land Court Plan 3730, and divided it into 2 separate lots, each consisting of one acre 'of zoning. By this time, one acre zoning was in effect in Barnstable. The lots met all zoning requirements, except there was a dwelling located right in the middle of the property line. The ANR Plan.contains a note on the footprint of the house which says: "Frame Dwelling to be Removed." At their meeting on December 18, 1986, the Planning Board endorsed the ANR plan. NUTTER MCCLENNEN &`FISH LLP •ATTORNEYS AT LAW 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 • 508-790-5400 • Fax: 508'-771-8079 www.nutter.com J 3 Tom Perry, Building Commissioner July 27, 2007 Page 2 As the lots were fully conforming, the single ownership issue was not a problem. In December of 1988, Timothy J. Sheehan was adjudged BANKRUPT. In September of 1989, John F. Cullen was appointed as Trustee. On January 9,. 1990, John Cullen gave a deed to Paul and Phyllis Fireman for the two lots (among others). The Deed was registered on February 2, 1990. In October of 2000, the town of Barnstable adopted 2 acre minimum zoning in the RPOD district. However, Section 240-91(G)(1)(a) of the Bylaw states that the increase in area requirements of the RPOD shall not apply to a lot for residential.use which, immediately prior to November 16, 2000, "conformed to the applicable bulk requirements of this chapter immediately prior to November 16, 2000." The Fireman lots, created in 1986 as two, one acre upland lots, conformed with bulk requirements as of November 16, 2000. Therefore, the lots are exempt from the 2 acre zoning requirements. In our prior zoning application to the Board of Appeals (which was withdrawn without prejudice), we applied for relief to "re-establish" the two underlying lots. Therefore, we requested the following relief: 1. Variance from 3-1.3(5) Bulk Regulations, Minimum Lot Area and Minimum Lot Width. Our two lots are not 125' in width for their entire length. While the lots were 43,560 square feet of upland in area at the time of their creation in 1986, the Baxter/Nye engineered plan submitted with the Variance request showed them as having less than 1 acre of upland each. 2. Special Permit under 4-4.3(2) to construct 2 dwellings on undersized lots. In their report to the ZBA, Staff felt that a special permit was not even necessary because, "in November 2004, Town Council amended the Zoning Ordinance with a new paragraph 7 to Section 4-4.2 Nonconforming Lots (copy attached). That paragraph allows for as-of-right demolition and the rebuilding on non-conforming lots of 10,000 s.f. or greater." 3. With respect to the variance requests, Staff queried why an area variance was necessary, given the 1 acre of upland when the lots were created in 1986. They did wonder, however, whether there had been a "shifting in the wetlands that diminished the upland area of the lots." They also felt that the lot width variance might be addressed by conditioning an approval on keeping the development on the lot to the areas where the lots were 125' in width. See Staff Report dated April 5, 2005. At the meeting on April 13, 2005, we withdrew our application. Based upon additional review and release, it is our opinion, however, we should not have requested any variance or special permit relief. We should not have asked to "re- establish" the lots, as we do not believe the lots ever merged. Despite the fact that the lots are Tom Perry, Building Commissioner July 27, 2007 Page.3 in single ownership, they have always been conforming. They were created as 2 conforming, lawful lots, with a nonconforming structure,sitting upon them. The two lots have remained conforming, despite the passage of the RPOD, due to the exemption in that bylaw for pre- existing, conforming lots. We feel very strongly that a "shifting of the. wetlands" which would now create upland of less than 1 acre each is NOT the standard - nor is it enforceable. At the time of their creation, the lots were one acre each and that is the only criteria by which this bulk requirement can be determined. Otherwise, you'd have to do a survey of your land every six months to see when and if your lot suddenly becomes nonconforming relative to area requirements. And if its nonconforming due to erosion one year, who is to say it won't be conforming the next year due to accretion? Therefore, we believe no zoning relief is needed from the area requirements. In addition, we do not see why zoning relief is needed to demolish the existing nonconforming structure. The structure is nonconforming because it is located within setbacks for both properties (it straddles the property lines). Our proposal is to eliminate this nonconforming structure and replace it with two conforming structures. No zoning relief should be needed for such an endeavor. Based upon the foregoing, I am writing to ask that you determine that the lots in question, upon demolition of the existing.house, may be deemed two separate buildable lots in conformance with Paragraph 7 of 4-4.2 of the Zoning Ordinance. PMB:cam 1600307.1 r rZJ Nutter Patrick M. Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM ' November 17, 2008 #101793-4 TO: Ruth Weil, Esq., Town of Barnstable CC: ' Thomas Perry, Town of Barnstable Building Commissioner Sarah Turano-Flores - FROM: Patrick M. Butler RE: 72 and 92 South Bay Road, Osterville, MA Assessor's Map 93, Parcels 42-3 and 42-1 Ruth, Attached please find a copy of our correspondence of August 18, 2008 filed with the Building Commissioner and requesting a zoning determination relative to the above-referenced property. To date, we have not received that determination. We understand that you are in the process of providing additional research and analysis to the Building Commissioner regarding the issues raised in our correspondence. In that over two months have passed, we would respectfully request that the determination be rendered on or before November 30, 2008. Please be advised that we will be required to proceed pursuant to the provisions of G.L. c. 40A, §15 in the event no determination is forthcoming by that - date. We would, of course, be willing to meet with you or Tom Perry if that would be helpful in any fashion. Thank you for your courtesy and cooperation in this regard. t x _ _ C� c PMB.cam o Attachment 00 o -o z 1780478.2 V iv rn NUTTER McCLENNEN & FISH LLP •ATTORNEYS AT LAW 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 • 508-790-5400 • Fax: 508-771-8079 www.nutter.com Nutter Opp Patrick M.Butler Sarah A.T'urano-Flores Direct Line: 508-790-5477 Fax: 508-771-8079 E-mail: sturano- flores@nutter.com August 19,.2008 0101793-00004 By Hand Thomas Perry Building Commissioner Barnstable Building Division 200 Main Street Hyannis, Massachusetts 02601 Re: 72 & 92 South Bay Road, Osterville, Massachusetts Assessor's Map 93, Parcels 42-3 and 42-1, respectively Dear Mr. Perry: This office represents Paul and Phyllis Fireman. The Firemans are desirous of, developing 72 and 92 South Bay Road in Osterville. Presently, the properties are improved by a single family residential dwelling which straddles the property line between the two lots. The Firemans wish to demolish the existing dwelling, and to construct two (2), single family dwellings on each of the two lots. It is our opinion that this development may be done as of right pursuant to the provisions of Section 240-91(G) of the Barnstable Zoning Bylaw. Therefore, we are writing to, obtain a written zoning determination from you confirming that no zoning relief would be needed for the Firemans to demolish the existing structure and to construct a single family dwelling on each of the two lots (provided, of course, that each of the proposed structures would otherwise conform with the applicable dimensional and bulk requirements of the Barnstable Zoning Ordinance). Information to help further your determination in this regard is set forth below. On December 22, 1986, the Barnstable Planning Board endorsed an Approval Not Required Plan creating the two lots in question. Enclosed herewith is a copy of said plan, attached as Exhibit A. The ANR plan took lot B-4 on Land Court Plan 3730, and divided it into 2 separate lots, each consisting of one acre of zoning. At this time, one acre zoning was* in effect. The lots met all zoning requirements, except there was a dwelling located right in I the middle of the newly established property line. The ANR Plan contains a note on the footprint of the house which says: "Frame Dwelling to be Removed." NUTTER McCLENNEN & FISH.LLP •ATTORNEYS AT LAW 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 0 508-790-5400• Fax: 508-771-8079 f Thomas Perry August 19, 2008 Page 2 On January 9, 1990, Paul and Phyllis Fireman took title to the two lots. The Deed was registered in the Barnstable County Registry District of the Land Court on February 2, 1990. In October of 2000, the Town of Barnstable adopted the Resource Protection Overlay District (RPOD), which required 2 acre minimum zoning in the area of South Bay Road. Section 240- 91(G), identifying the exemption provisions for the Resource Protection Overlay District ( states: (1) Any increase in area, frontage, width, yard or depth requirements of the Resource Protection Overlay District shall not apply to a lot for single- or two- family residential use which immediately prior to November 16, 2000, either: (a) conformed to the applicable bulk requirements of this chapter immediately prior to November 16, 2000; or (b) immediately prior to (the effective date of this chapter) was protected from the applicable bulk requirements of this subsection by the provisions of§240- 91(A), (B), (C), (D), or (E) of this chapter. The Fireman lots, created in 1986 as two, one acre upland lots, conformed with bulk requirements as of November 16, 2000. As such, the two acre minimum lot size requirements of the RPOD do not apply to these pre-existing, nonconforming lots, and they may be developed as of right. This interpretation is fully supported under state law, which recognizes that more liberal local zoning bylaws may authorize development where it might not be permitted under the state Zoning Act, G.L. c. 40A. Indeed, the grand-fathering provisions of G.L. c. 40A, §6 would not extend to this situation. The second sentence of G.L. c. 40A, §6, P. 4 affording protection to lots held in common ownership only extends grand-fathering protection for a period of five (5) years from the effective date of the zoning change and, therefore, cannot be applied to this situation because the RPOD zoning change occurred over five (5) years ago. Similarly, the 6'paragraph.of§6, affording "freeze" protection to lots shown on ANR plans, extends for only three (3) years after the ANR endorsement. As the Fireman lots were created by an ANR plan endorsed in 1986, this provision cannot be utilized to provide protection. Despite the inapplicability of the state grand-fathering protections, the state Zoning Act recognizes that localities may afford development protection where the state Act does not. G.L. c. 40A, §6, P. 4, states: "[t]he provisions of this paragraph shall not be construed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not prohibited by the zoning ordinances or bylaws in effect in a city or town." In DeSalvo v. Chatis, Misc. Case No. 149615, at 7 (Land 0. 1991), the Massachusetts Land Court held that G.L. c. 40A, §6, P. 4 "provides only a floor and that a municipality is free to grant more liberal treatment to the owner of a nonconforming lot." This reasoning is supported by several 1 ' Thomas Perry August 19, 2008 Page 3 appellate decisions. Baldiga v Board of Appeals of Uxbridge, 395 Mass. 829, 834 (1985); Seltzer v. Board of Appeals of Orleans, 24 Mass.App.Ct. 521, 522 (1987);Lee v. Board of Appeals of Harwich, 11 Mass.App.Ct. 148, 154 (1981); Weiner v. Board of Appeals of Harwich, 2 Mass.App.Ct. 647(1974). As noted above, the Barnstable Zoning Bylaw does afford more liberal protection for conforming, pre-existing lots. The RPOD increase in area requirements shall not apply to lots for single family residential use if the lots complied with zoning requirements prior to the effective date of the RPOD. Section 240-91(G)(1)(a). The Fireman lots complied with the one acre zoning in effect as of the ROPD zoning change in November of 2000 and, therefore, these lots are exempted pursuant to §240-91(G)(1)(a). Town Attorney Ruth Weil, with whom we both met in June, posited that this provision of the local bylaw applies only to vacant land. The provisions of Section 240-91(G), however, do not limit its application in this manner. Attorney Weil is presumably relying on,case law interpreting the provisions of the state law, G.L. c. 40A, §6, P. 4. The appeals court has analyzed that provision and concluded that "[t]here is nothing on the face of the fourth paragraph to suggest that it was intended to apply to anything but vacant land." Willard v. Board of Appeals of Orleans, 25 Mass.App.Ct. 15, 18 (1987). However, the Willard case is interpreting the particular provisions of the state statute, and is'not referring to what may be the more liberal provisions of a local zoning bylaw or ordinance. The application of Willard's reasoning to a zoning analysis of the Fireman lots, therefore, is inappropriate and not applicable or controlling. The provisions of§240-91(G) do not limit its application in any way to vacant land and, indeed, it is apparent that past practice in Barnstable has been to apply this provision to developed lots. In fact, this provision was once applied to the Fireman lots by the Town's Planning Department, who felt its application was appropriate, even though the lots were developed with a single family residence. When the Fireman properties were before the Board of Appeals in 2004, the Firemans sought a variance from the area requirements under the ROPD in order to "re-establish" the two lots. The staff report submitted to the ZBA cited §240-91(G) when opining that variance relief was not needed: "Staff is perplexed why [variance] relief is needed to lot area. The lots meet the minimum upland are of one acre when created in 1986. Section 240-91(G) of the Zoning Ordinance protects legally-created, pre-November 2000 undersized adjoining lots held in common ownership from merger due to the two-acre minimum lot area imposed by the Resource Protection Overlay District Regulations." A true and accurate copy of the Staff Report is enclosed herewith for your ease of reference, and attached as Exhibit B. r Thomas Perry August 19, 2008 Page 4 We believe Mr. Traczyk was correct. Variance relief is not needed to "re-establish" the two Fireman lots, because the two lots never merged. The more liberal local provisions of §240-91(G) prevented the two lots from merging for zoning purposes, despite the fact that they are held in common ownership and despite the fact that they are developed with a residence. Baldiga v Board of Appeals of Uxbridge, 395 Mass. 829, 834 (1985); Seltzer v. Board of Appeals of Orleans, 24 Mass.App.0. 521, 522 (1987);Lee v. Board of Appeals of Harwich, 11 Mass.App.Ct. 148, 154 (1981); Weiner v. Board of Appeals of Harwich, 2 Mass.App.Ct. 647 (1974). This interpretation is bolstered by the remaining provisions of§240-91(G). Subsection (G)(1)(b) states: "(1) Any increase in area... shall not apply to a lot for single-...family residential use which immediately prior to November 16, 2000.... (b) was protected from the applicable bulk requirements of this subsection by the provisions of§240-91A, B, C, D or E of this Chapter." Section 240-91B governs lots held in common ownership. It affords protection for a period of five years provided the lots have a minimum of 7,500 square feet in area and 75 of frontage, conformed to zoning when legally created, and conformed to zoning as.of January 1, 1976. The Fireman lots meet all of these requirements. While this provision extends protection for only five (5) years when the increase in area is made by general zoning amendment, because the increase in area occurred as part of the RPOD provisions, it is extended permanently, This is because Subsection (G)(2) of the RPOD provides that the exemption provisions of§240- 91(G) "shall be permanent." Therefore, the five (5) year grand-fathering provisions otherwise applicable to lots held in common ownership under §240-91(B) are extended permanently to lots within the RPOD pursuant to the provisions of§240-91(G)(2). Accordingly, it is abundantly clear that the drafters of §240-91(G) intended its exemption provisions to permanently extend to lots held in common ownership. In light of the explicit provisions of the local zoning ordinance, and particularly §240- 91(G), we respectfully request that you confirm, in writing, that no zoning relief should be required for the Firemans to demolish the existing residence and to construct two (2), single family dwellings, one on each of the two lots. Both of the lots are conforming pursuant to the provisions of§240-91(G) and, as such, should be treated as lawful, building lots without the need for any zoning relief. i J Thomas Perry August 19, 2008 Page 5 Thank you for your time and considered attention to this matter. We would be happy to answer any questions you may have as you review our request. In the meantime, we look forward to hearing your final determination. We remain, rM yours, Butler Sarah A. Turano-Flores cc: Attorney Eliza Z. Cox Town Attorney Ruth Weil Art Traczyk, Growth Management Department 1751143.1 � f Perry, Tom From: Schlegel, Frank Sent: Wednesday, October 01, 2008 12:16 PM To: Perry, Tom Subject: Q�outhZBayl ste�Ile2Mapl93A i'ce1&42 001 Hi Tom, I'm sorry about the delay in this response. I have been catching up with a huge back log since I was out. You never know how popular you are until you miss some time and see how many people were looking for you! I know this is a long email but I see that the question is a little vague as to why you needed this information. I believe reviewing the entire email will reveal a lot of important information, not only about this land but mapping and plans in general. Now the question at hand. When the maps are changed, a report is generated to describe what happened. In the past, copies were forwarded to Assessor's so they could update their files. At the end of mapping season, the Assessors would take my originals and compare them with what they had to see if they missed anything. My file would never be returned. Because of this, I started to keep the original file around 2004 and send them only copies. When Bob Whitty left, Janice Semprini started to clear out old files for the trash. I got wind of this and asked them to save these files for me and I would keep them. I kept checking back with her and about 2 weeks later, I was informed they were all thrown out. I ran to the dumpster only to discover it had been emptied out! A ton of old information disappeared. When Janet said she was going to do the same with the map books, I ran downstairs and collected what I could to keep a running history. Of those, I have many but not all. Now for what I have. I checked my file copies of the plans of this parcel. This land is shown on an ANR plan for South Bay Realty Trust by Baxter& Nye &dated; December 17, 1986. It was recorded in Land Court as Land Court Plan 8730 F. I made notes on my copy that states it was mapped 6/15/88 by me. And this property was shown as two separate parcels as Map 093 Parcel 042.001 (dev. lot 20, aka 3) and Map 093 Parcel 042.002 (dev. lot21, aka 4). Please note that developers lots shown on the plan as lots 20& 21 were changed by Land Court to lots 3 &4 respectively. When lots 20 &21, aka lots 3 & 4 were combined, I made a note on the plan that reads"lots 3 &4 combined 9/27/00 Pr. Assessors. As far as why they were combined, I do not have an exact answer. First I need to review with you why the map can look different than the plan. When the town was becoming totally computerized, there were a lot of questions from Planning & Building as to why the maps don't look like the most recent subdivision plans. Bob Smith was called into this meeting to answer the legal aspects of the mapping procedures. Bob stated in that meeting with department heads and your predecessor; "These are Assessors Maps as stated on the maps. They are for public convenience and necessity as required by the state to show how the land is being taxed. They are prepared under the direction of the Town Assessor and may show land in a different configuration than what is shown on the plan based on a particular legal description." Bob went on to say"The reason the parcels on the maps could look different is that in the State of Massachusetts, you can sell your property by"ANY" legal description you have as long as it defines some of the land you own". What this means is that it is not unusual for land to have many plans on file at the Registry of Deeds. The owner is not confined to selling property by the latest recorded plan. The owner can sell lots from one plan, more lots from another and still more from another and so on. As long as all these lots that are sold add up and there are no discrepancies, there is no problem. If there is a discrepancy in common lot lines or zoning (like an existing home ends up too close to a lot line), then the owner has a problem, not the town. This does not affect the zoning at this time. Bob went on to say"In legal circles,there is a difference between a lot and a parcel, a lot stands alone and that a parcel can contain many lots". Bob continued with; "you can build on a parcel line but not a lot line". This caused great concern for your predecessor. He was informed that the maps are a tool and he needs to look at both the maps and the plans to determine if a building permit complies with zoning. Bob continued with; "If this is a problem for your department, then maybe you need to have a set of maps prepared just for your needs". Because mapping is such a costly item, I believe everyone accepted the fact the maps may look different than the plans. When I note the properties are combined "Pr Assessors", that usually meant the owner, or their attorney would write in to the Assessors Office requesting the identified properties be combined. Because half the time I never saw that letter, I never kept copies. I just noted to refer to the Assessors Office. In this one particular instance,when this plan was drawn, the common lot line between lots 3 &4 is shown going through the middle of the existing building and notes "FRAME DWELLING-To Be Removed-. This could have been the cause of the Assessors request to combine the two parcels into one. I know for a fact that it was not Bob Whitty's position to combine all undersize lots with abutting parcels in common ownership just because there was a change in bulk regulation lot size. When the town went to one acre zoning, I asked Bob Whitty if he wanted to produce a list of all the affected parcels because of the zoning change. He said "No, it will be on a case by case basis since there would be a lot of stand 1 alone undersize lots. Bob said he would continue the procedures of combing undersize lots at the owners/attorneys written request or when they are reviewing a property in his office and sees the house crosses the parcel line and the deeds are in the same exact owners name. he indicated that if the owners wanted to have their parcels combined to ,'maybe" save a little on taxes, it would be their responsibility, not his. Hope this helps! Thanx, Frank -----Original Message----- From: Perry,Tom Sent: Monday,September 29,2008 2:08 PM To: Schlegel, Frank Subject: FW: 92 South Bay Osterville Map 93 Parcel 042-001 Frank,l'm trying to get as much info on this as possible.This was two lots up until 10/25/2000 and then they were combined.Does your office know if the owner requested these lots be combined?or any idea of what may have happened here? -----Original Message----- From: Rudziak,Jeff Sent: Monday,September 29,2008 1:49 PM To: Perry,Tom Subject: RE: 92 South Bay Osterville Map 93 Parcel 042-001 1 don't have any historical information in my office on this and asked Bob Golden to look in Frank's files. I don't think he has yet but Frank supposedly returned today. You might ask him directly if he has any background on this. I can't help on this one. -----Original Message----- From: Perry,Tom Sent: Monday,September 29,2008 1:30 PM To: Rudziak,Jeff Subject: RE:92 South Bay Osterville Map 93 Parcel 042-001 Jeff any progress on this? -----Original Message----- From: Rudziak,Jeff Sent: Tuesday,September 23,2008 8:18 AM To: Perry,Tom Subject: RE:92 South Bay Osterville Map 93 Parcel 042-001 Tom, This combine was done 10/25/2000. There is no record in my system of who initiated the combine but I'll look through the archived paperwork for that year and see if there is any indication. Jeff -----Original Message----- From: Perry,Tom Sent: Monday,September 22, 2008 4:31 PM To: Rudziak,Jeff Cc: Schlegel, Frank Subject: 92 South Bay Osterville Map 93 Parcel 042-001 Jeff this is a 2+ acre lot that was created by an ANR plan in 1986.At that time the plan shows four lots, and this lot has the house over the lot line between the two lots that were created.Now this lot with the house is shown as one lot with the above map and parcel.My questions are;when did this map and parcel get assigned and who eliminated the lot line through the house;did the home owner request this? In looking at the map this lot would be a combination of lot 093-042-001 and 093-042-002. Thanks,Tom 2 r ADDENDUM TO APPEAL OF PAUL FIREMAN AND PHYLLIS FIREMAN 72 AND 92 SOUTH BAY ROAD, OSTERVILLE, MA Paul Fireman and Phyllis Fireman, owners of the properties addressed 72 and 92 South Bay Road, Osterville, Massachusetts, hereby submit this appeal of the Building Commissioner's November 19, 2008 zoning determination, a copy of which is attached hereto as Exhibit 1, pursuant to G.L. c. 40A, §§8 and 15 and §240-125(B)(1)(a) of the Zoning Ordinance. Background On or about August 19, 2008, we submitted an original request to the Building Commissioner on behalf of Mr. and Mrs. Fireman seeking confirmation that no zoning relief is required to demolish the existing dwelling which straddles the property line between 72 and 92 South Bay Road, and to construct, in place thereof, two (2) single family dwellings, with one i dwelling on each lot. A copy of this correspondence is attached hereto as Exhibit 2. By letter dated November 19, 2008 (see Exhibit 1), the Building Commissioner responded, opining that the subject property constituted a single lot. The letter further provides that "to tear down the existing home and then have two separate lots I fail to see any where the Zoning Ordinance would allow this to be executed." Appeal of Building Commissioner's Determination Mr. and Mrs. Fireman, as owners of the property, are aggrieved by the Building Commissioner's determination. As set forth in our August 19, 2008 correspondence, it is our opinion that the existing dwelling straddling the property lines may be demolished, that both 72 and 92 South Bay Road are conforming one-acre lots pursuant to the provisions of §240-91G of the Zoning Ordinance, and further, that both lots may be developed, each with a single family dwelling, as a matter of right. Accordingly, we respectfully request that the Zoning Board of Appeals overturn the Building Commissioner's November 19, 2008 determination and find that no zoning-relief is required to allow for the construction of a single family dwelling on each of the subject properties. In further support hereof, we direct the Board's attention to our original request attached hereto as Exhibit 2. 1791911.1 1 V i •I Y O n � u rw'ti Town of Barnstable Regulatory Services • BAMMBM • MASS. Thomas F. Geiler,Director �'ATFOMA'��`e Building Division Thomas Perry, CBO j Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 November 19, 2008 Attorney Patrick M. Butler Nutter McClennen & Fish LLP Attorneys At Law PO Box 1630 Hyannis, MA 02601 Dear Attorney Butler, This letter is in response to your question of whether the house located at 92 South Bay Road, Osterville Map 093 Parcel 042-001 can be torn down and two houses be constructed in its place. As to this parcel, this office is of the opinion that this is one lot and has been one, approximately two acre lot for many years now. To tear down the existing home and then have two separate lots I fail to see any where the Zoning Ordinance would allow this to be executed. Respectfully, omas Perry, CBO Building Commissioner 2 ,: Z .r Nutter COPY Patrick M. Butler Sarah A.Turano-Flores Direct Line: 508-790-5477 Fax: 508-771-8079 E-mail: sturano- flores:nutter.com August 19,.2008 0101793-00004 B Hand Thomas Perry Building Commissioner Barnstable Building Division 200 Main Street Hyannis, Massachusetts 02601 Re: 72 & 92 South Bay Road, Osterville, Massachusetts Assessor's Map 93, Parcels 42-3 and 42 1, respectively Dear Mr. Perry: This office represents Paul and Phyllis Fireman. The Firemans are desirous of developing 72 and 92 South Bay Road in Osterville. Presently, the properties are improved by a single family residential dwelling which straddles the property line between the two lots. The Firemans wish to demolish the existing dwelling, and to construct two (2), single family dwellings on each of the two lots. It is our opinion that this development may be done as of right pursuant to the provisions of Section 240-91(G) of the Barnstable Zoning Bylaw. Therefore, we are writing to obtain a written zoning determination from you confirming that no zoning relief would be needed for the Firemans to demolish the existing structure and to construct a single family dwelling on each of the two lots (provided, of course, that each of the proposed s ctures tru would otherwise conform with the applicable dimensional and bulk requirements of the Barnstable Zoning Ordinance). Information to help further your determination in this regard is set forth below. On December 22, 1986, the Barnstable Planning Board endorsed an Approval Not Required Plan creating the two lots in question. Enclosed herewith is a copy of said plan, attached as Exhibit A. The ANR plan took lot B-4 on Land Court Plan 3730, and divided it into 2 separate lots, each consisting of one acre of zoning. At this time, one acre zoning was in effect. The lots met all zoning requirements, except there was a dwelling located right in the middle of the newly established property line. The ANR Plan contains a note on the footprint of the house which says: "Frame Dwelling to be Removed." : i NUTTER MCCLENNEN & FISH.LLP *ATTORNEYS AT LAW i 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 • 508-790-5400 • Fax: 508-771-8079 1 Thomas Perry August 19, 2008 Page 2 On January 9, 1990, Paul and Phyllis Fireman took title to the two lots. The Deed was registered in the Barnstable County Registry District of the Land Court on February 2, 1990. In October of 2000, the Town of Barnstable adopted the Resource Protection Overlay District (RPOD), which required 2 acre minimum zoning in the area of South Bay Road. Section 240- 91(G), identifying the exemption provisions for the Resource Protection Overlay District states: (1) Any increase in area, frontage, width, yard or depth requirements of the Resource Protection Overlay District shall not apply to a lot for single- or two- family residential use which immediately prior to November 16, 2000, either: (a) conformed to the applicable bulk requirements of this chapter immediately prior to November 16, 2000; or (b) immediately prior to (the effective date of this chapter) was protected from the applicable bulk requirements of this subsection by the provisions of§240- 91(A), (B), (C), (D), or (E) of this chapter. The Fireman lots, created in 1986 as two, one acre upland lots, conformed with bulk requirements as of November 16, 2000. As such, the two acre minimum lot size requirements of the RPOD do not apply to these pre-existing, nonconforming lots, and they may be developed as of right. This interpretation is fully supported under state law, which recognizes that more liberal local zoning bylaws may authorize development where it might not be permitted under the state Zoning Act, G.L. c. 40A. Indeed, the grand-fathering provisions of G.L. c. 40A, §6 would not extend to this situation. The second sentence of G.L. c. 40A, §6, P. 4 affording protection to lots held in common ownership only extends grand-fathering protection for a period of five (5) years from the effective date of the zoning change and, therefore, cannot be applied to this situation because the RPOD zoning change occurred over five (5) years ago. Similarly, the 6"paragraph of§6, affording "freeze" protection to lots shown on ANR plans, extends for only three (3) years after the ANR endorsement. As the Fireman lots were created by an ANR plan endorsed in 1986, this provision cannot be utilized to provide protection. Despite the inapplicability of the state grand-fathering protections, the state Zoning Act recognizes that localities may afford development protection where the state Act does not. G.L. c. 40A, §6, P. 4, states: "[t]he provisions of this paragraph shall not be construed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not prohibited by the zoning ordinances or bylaws in effect in a city or town." In DeSalvo v. Chatis, Misc. Case No. 149615, at 7(Land Ct. 1991), the Massachusetts Land Court held that G.L. c. 40A, §6, P. 4 "provides only a floor and that a municipality is free to grant more liberal treatment to the owner of a nonconforming lot." This reasoning is supported by several Thomas Perry August 19, 2008 ' Page 3 I I _ appellate decisions. Baldiga v Board of Appeals of Uxbridge, 395 Mass. 829, 834 (1985); Seltzer v. Board of Appeals of Orleans, 24 Mass.App.Ct. 521, 522 (1987);Lee v. Board of Appeals of Harwich, 11 Mass.App.Ct. 148, 154 (1981); Weiner v. Board of Appeals of Harwich, 2 Mass.App.Ct. 647(1974). : As noted above, the Barnstable Zoning Bylaw does afford more liberal protection for conforming, pre-existing lots. The RPOD increase in area requirements shall not apply to lots for single family residential use if the lots complied with zoning requirements prior to the effective date of the RPOD. Section 240-91(G)(1)(a). The Fireman lots complied with the one acre zoning in effect as of the ROPD zoning change in November of 2000 and, therefore, these lots are exempted pursuant to §240-91(G)(1)(a). Town Attorney Ruth Weil, with whom we both met in June, posited that this provision of the local bylaw applies only to vacant land. The provisions of Section 240-91(G), however, do not limit its application in this manner. Attorney Weil is presumably relying on,case law interpreting the provisions of the state law, G.L. c. 40A, §6, P. 4. The appeals court has analyzed that provision and concluded that "[t]here is nothing on the face of the fourth paragraph to suggest that it was intended to apply to anything but vacant land." Willard v. Board of Appeals of Orleans, 25 Mass.App.Ct. 15, 18 (1987). However, the Willard case is i interpreting the particular provisions of the state statute, and is not referring to what may be the more liberal provisions of a local zoning bylaw or ordinance. The application of Willard's reasoning to a zoning analysis of the Fireman lots, therefore, is inappropriate and not applicable or controlling. The provisions of§240-91(G) do not limit its application in any way to vacant land and, indeed, it is apparent that past practice in Barnstable has been to apply this provision to developed lots. In fact, this provision was once applied to the Fireman lots by the Town's Planning Department, who felt its application was appropriate, even though the lots were developed with a single family residence. When the Fireman properties were before the Board of Appeals in 2004, the Firemans sought a variance from the area requirements under the ROM in order to "re-establish" the two lots. The staff report submitted to the ZBA cited §240-91(G) when opining that variance relief was not needed: "Staff is perplexed why [variance] relief is needed to lot area. The lots meet the minimum upland are of one acre when created in 1996. Section 240-91(G) of the ZoningOrdinanee-protects legat -crew ed, pre-November 2000 undersized adjoining lots held in common ownership from merger due to the two-acre minimum lot area imposed by the Resource Protection Overlay District Regulations." A true and accurate copy of the Staff Report is enclosed herewith for your ease of reference, and attached as Exhibit B. Thomas Perry August 19, 2008 Page 4 We believe Mr. Traczyk was correct. Variance relief is not needed to "re-establish" the two Fireman lots, because the two lots never merged. The more liberal local provisions of §240-91(G) prevented the two lots from merging for zoning purposes, despite the fact that they are held in common ownership and despite the fact that they are developed with a residence, Baldiga v Board of Appeals of Uxbridge, 395 Mass. 829, 834 (1985); Seltzer v. Board of Appeals of Orleans, 24 Mass.App.G. 521, 522 (1987);Lee v. Board of Appeals of Harwich, 11 Mass.App.Ct. 148, 154 (1981); Weiner v. Board of Appeals of Harwich, 2 Mass.App.Ct. 647 (1974). This interpretation is bolstered by the remaining provisions of§240-91(G). Subsection (G)(1)(b) states: which immediately prior to November 16, 2000.... (b) was protected from the"(1) Any increase in area.., shall not apply to a lot for single-...family residential use applicable bulk requirements of this subsection by the provisions of§240-91A, B, C, D or E of this Chapter." i Section 240-91B governs lots held in common ownership. It affords protection for a period of five years provided the lots have a minimum of 7,500 square feet in area and 75 of frontage, conformed to zoning when legally created, and conformed to zoning as.of January 1, 1976. The Fireman lots meet all of these requirements. While this provision extends protection for only five (5) years when the increase in area is made by general zoning amendment, because the increase in area occurred as part of the RPOD provisions, it is extended permanently. This is because Subsection (G)(2) of the RPOD provides that the exemption provisions of§240- 91(G) "shall be permanent." Therefore, the five 5( ) year grand-fathering provisionsn otherwise applicable to lots held in common ownership under §240-91(B) are extended permaently to lots within the RPOD pursuant to the provisions of§240-91(G)(2). Accordingly, it is abundantly clear that the drafters of§240-91(G) intended its exemption provisions to permanently extend to lots held in common ownership. In light of the explicit provisions of the local zoning ordinance, and particularly §240- 91(G), we respectfully request that you confirm, in writing, that no zoning relief should be required for the Firemans to demolish the existing residence and to construct two (2), single family dwellings, one on each of the two lots. Both of the lots are conforming pursuant to the provisions of§240-91(G) and, as such, should be treated as lawful, building lots without the need for any zoning relief. Thomas Perry August 19, 2008 Page 5 Thank you for your time and considered attention to this matter. We would be happy to answer any questions you may have as you review our request. In the meantime, we look forward to hearing your final determination. We remain, rM yours, Butler Sarah A. Turano-Flores cc: Attorney Eliza Z. Cox Town Attorney Ruth Weil Art Traczyk, Growth Management Department 1751143.1 -_ �- A - � . . r i I r �-. `d w 0 �. w B e 9 0 I � / . . T .. Town of Barnstable Planning Division Staff Re ort Thomas A.Broadrick,Director Phnnin&Zoning&Mtoric Praemtion Fireman Appeal 2004-095 Variance Section 3-1.3(5)Bulk Regulations,Minimum Lot Area&Width and Section 3-5.3(4) Resource Protection Overlay Minimum Lot Size Appeal 2004-96-Special Permit Section 4-4.3(2),Nonconforming Single Family Dwelling&MGL Chapter 40A Section 6 Demolition and Reconstruction of a Single-family Dwelling&Reestablish Non-Conforming Lots Date: April 5,2005 To: Zoning Board of Appeals Art Traczyk,Principal Planner Petitioner: Paul and Phyllis Fireman Property Address: 92 South Bay Road,Osterville,MA Assessor's Map/Parcel: Map 093,Parcel 042-001 Zoning: Residence F-1 Zoning District Filed:April 26,2004-360 Day Extension Hearing:Opened July 7,2004,continued September 1,2004,October 27,2004,December 8,UN, February 16,N05,and to April 13,2005: No Members Assigned—No Testimony Taken Copy of Public Notices: Appeal 2004-95-Paul and Phyllis Fireman have applied for a Variance to Section 3-1.3(5)Bulk Regulations,Minimum Lot Area,Minimum Lot Width and Section 3-5.3(4)Resource Protection Overlay Minimum Lot Size. The Applicant seeks to re-divide the lot into the original two lots that were established by a 1987 Land Court Plan. The property is located as shown on Assessor's Map 093,Parcel 042 001 addressed as 92 South Bay Road,Osterville,MA in a Residence F-1 Zoning District. Appeal 2004-96-Paul and Phyllis Fireman have applied for a Special Permit in accordance with 4-4.3(2), Nonconforming Structure Used as a Single Family Dwelling and MGL Chapter 40A Section 6 findings to demolish one single-family dwelling and accessory structure,and to reconstruct two single-family dwellings on 2 undersized one-acre lots. The property is located as shown on Assessor's Map 093,Parcel 042 001. Background &Review: As shown on today's Assessor's Map and Record,the subject property is a 2.35 acre parcel developed with a 1.5-story,5,947 sq.ft.,four-bedroom,single-family dwelling,a detached 40 by 24-foot accessory structure i r Planning Division-Staff Report and a 192-foot dock. Development of.the parcel-originally,dates-to_1.95.0- ;:The property is located on West Bay in Osterville and fronts 237 feet on South Bay Road. In 1990,the Applicants,Paul and Phyllis Fireman,owners of the neighboring parcel to the west, 116 South Bay Road, purchased 7 lots to the east, as evidenced in a deed recorded at the Barnstable Registry of Deeds as Certificate Number 119718. All of the eight lots front north and south on South Bay Road. Over the coming years,the Applicants sold four of the lots and now retain possession of four of the lots that todav are shown as three arcels on the Asses ,&Map,23, The lots are addressed as 116,92 and 72 South Bay Road. The parcel addressed as 92 South Bay Road is.a composite of two lots created M' 1986 by a Approval Not Required Plan filed as Land Court Plan 8730-F. According to the application submitted,the gppl ca6ts dre'seeking to"re=estAbilsh":.;thO:<underlying two lots located at 92 South Bay Road..:Those lots beingL•,Qt:Number 3,.and 4:asshown:Qn the :ecemaer.:17;,1986 Land Court T'laii 8730-F. The Board should.note that th 198.6 nlan:sttuck the vertvJi 10 between theses lots:#loutde ex-i9thff tl�e.pzo .e: To aromplish the proposal,two applications were submitted to the Board last April. 'With respect to Appeal 2004-96-a request for a Special Permit pursuant to Section 4-4.3(2), Nonconforming Single Family Dwelling&M.G.L. Chapter 40A Section 6-it is Staffs impression that today this relief may not be required. In November 2004,Town Council amended the Zoning Ordinance with a new paragraph 7 to Section 4-4.2 Nonconforming Lots. That paragraph allows for the as-of-right demolition and the rebuilding on non-conforming lots of 10,000 sq.ft., or greater. • With regards'to Appeal 2004-095 a request for Variances to Section 3-1.3(5)Bulk Regulations, Minimum Lot Area&Minimum Lot Width and Section 3-5.3(4)Resource Protection Overlay Minimum Lot Size, staff would offer the following comments. o On the Variance to the minimum lot area,unless there is other information that has not been identified in the application(such as a shifting in the wetlands that diminished the upland area of the lots)Staff.;is.perplexM-whyrel efkis:...needed.toplot area. The lots meet the 41inim11m:1101 f-one_aQrre:I�vhen,.ereat�:,:infi) 86. Section 240-91(G)of the Zoning Ordinance protects legally-created,pre-November 2000 undersized adjoining lots held in common ownership-from merger due to the two-acre minimum lot area imposed by the Resource Protection Overlay District regulations. o On the Variance to the minimum lot width, it appears issues could exist with the potential fuhirp.development of Lot Number 4 as_shown of the Land Court Plan(Number 21 on the AMPlan)that might limit the area of the lot for building. Staff has taken the liberty to delineate that area of buildablity on the lots,given the°required°lot width of 125,feet'mid MRPRAn (identified on the ANR Plan as edge of upland). i 2 i I Planning Division-Staff Report If the issue here is in realty the limitation imposed by conformity to lot width for Lot Number 4(Number 21 on the ANR Plan), Staff would recommend that the Board should know to what degree they are being requested to vary that dimensional feature.In instances like this,the Board has traditionally requested more detailed information on the proposed level of development being proposed for the lot. Variance Findings: In consideration for the Variances,the Applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • Unique conditions exist that affect the locus but not the zoning district in which it is located; • A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner; and • The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: Because Staff is speculating on the nature.of the request being made, no suggestion of conditions has been generated. Information of Lot Creation: According to Staff research, it appears when the dwelling was originally built sometime in the early 1950's, it was constructed on Lot B4 as shown on Land Court Plan dated December 16, 1952. In 1971, the prior owner of land submitted a subdivision plan for the area. Subdivision Nuube�1 was endorsed by the Planning Board on November 15L1971. That plan created a 2-acre lot--.Lot B-4A)as shown on the plan. The lot respected the location of the structure,enclosing the entire dwelling-omits own separate lot. It appears this plan was nev6r implemented,as no recorded plan of the subdivision was found. In December o91986,t*Planning Board did endorse an Approval Not Required Plan submitted that created I 41ots numbered and 6 located to the south of South Bay Road. That ANR Plan was recorded at the Barnstable registry of Deeds as Land County Plan 8730-F and remains the plan of record for the subject locus. The Board should note that on the ANR plan,'a nofe is added that the.then existing dwelling was to be moved and that all of the four have only 43,560 s requirements for the district. q.ft. of upland just, satisfying the minimum upland The Board should also recall that in the recent Appeals 2005-26 and 27 of Gerald Ramin and Larry D. Nickulas for property at 300 Shootflying Hill Road, West Barnstable&35 Lakeview Drive,Centerville the Board respected that lots created by a 1914 subdivision plan were still valid although the Assessor's Map did not reflect the division of the property. - - Copies: Petitioner/Applicant Attachments: 3 I oeraIL. AND *` ttt i ?ry4_ HIV co: 4� 1 Alt'.1,4 FT+Ip... 14 rr 1 ,.. i I I/ WE, PAUL FIREM 14 and PliYLL'.S A. FIREMAN. hustand arid .;% as tenants by the entirety, both of Newton, Midd;cae: County, ?4assa0usett6 in i consideration of SIX HUNDRED THOUSAND AND NO1ID0 ($600,000.00) DOLLARS It if 0�# paid, grant to TERRENCE J. HUGGARD and MARJORIE C. HUGGARD, husband Y Y and wife as tenants b the entirety, both of 51 Eisenhower Drive, Sharon, Massachusetts 02067, with QUITCLAIM COVENANTS the land situated in Barnstable (Ostervilie), 1 Barnstable County, Iwabxarhusetts described as follows: Being LOT 6 as shown on Land Court Pian 8'30:: dated December 17. 1986 titled Subdivision Plan V Land in Barnstable, Baxter and Nye. Inc. Surveyors. Said lot is a subdivision of lot B-3 and B-4 as shown on plan 8730-D dated April 1948, aad filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds, Land Registration Book 62, Page 56 with Certificate of Titie No. 9558. I Said land is subject to and has the benefit of the terms of an Agreement by and between Francis W. Parson et al dated September 15, 1922 duly recorded In I Book 388, Page 474, so far as now in force and applicable. So much of said Lot B-3 as is included Within the limits of the roads as I! shown on said plan is subject to the rights of ani persons lawfully entitled thereto i In and over the sane and there is appurtenant to said 'and the right to use the way to and from the State Highway from and to said land, said right of way to be used for all purposes for which streets or highways now or hereafter are or may be used. i Said land is also subject to a right of way as established by a grant of such on November 12, 1946 to Leila P. Merrill et al, being Document No. 21,147, and said right of way shall be appurtenant to the remaining land of Adolphe O. Richards et al and for use in common with Frank C. Tuttle, Jr. and Sara D. Tuttle atiu their successors in title. ia.atot B 3-i: subjectiu tt�o rcrcrktior4 Gee-forth in t%z rnenc Na ' ,3.5;.i ,which shalSl reriain in force166ai period of twenty(lip)yea s-6cA June 6;-196i. So much of said Lot B-4 as is included within the limits of the 10 foot way shown on said plan is sub,;ect to the rights of all persons lawfully entitled thereto In and over the same and there Is appurtenant to said land the right to use the 20 foot way on Lot B-3 and the right to use the way to and from the State Highway from and to said land for all purposes for which streets or highways now or hereafter are or may be used. JOIN C-0 Y.v C. A TTOPOO V-A I{AM T ANMOVTN PORT. ,AASSACKJSETTS GMT5 am W.,Iu I r , Said Lots B-3 and B-S are subject to the rights granted in an easement given to the Cape 4 Vineyard Electric Company et al dated August 12, 1953 oei.nq Document No. 37,915. i Said lots are subject to an Order of Conditions dated uav 12, 1987, recorded with the Barnstable Registry of Deeds Registered Land Section as Document ";o. 430,654 with Certificate No. 146,378. This conveyance is subject to all resmcrions and easements of record. For title see Certificate of Tide No. 119.718.EXECUTED as a sealed instrument th o` of oe-,t o6.e v— , 1990. � • JY,.r F-4 a ir C Ix , ul etnan a be \ Sul M Ph lis A. Fireman COMMONWEALTH OF MASSACHUSETTS Nor Fdl� Ccx,. Ss t +Vw v— d , 1990 Then personally appeared the above named PAUL FIREMAN and PHYLLIS A. FIREMAN and acknowledged the foregoing instrument to be their free act and deed, before me oltary Public My commission expires: vi'�`� . 900. D 0= ti JOM C CREM V.PC ATTOPIa V_AT.,,A W as rLLOW STREET 1 v.prpyTw appT w E ...$ U6317 12JL799 -'To OU66AK-P nafi on t91 t g9� 9 ,a .= ...w s 14. � s+ .r ',r.A r TRUSTEE'S DEW KNOW AU KEN ,BY THESE PRESENTS that WHEREAS, John F. Cullen of Shipway Place, C-3, Boston, Suffolk County in the Commonwealth of Massachusetts, as the duly appointed Trustee in Bankruptcy of Toothy _J.T. Sheehan, III and � South Bay Realty Trust. (Case No. 88-12451-CJK and Case No. 88-12450-CJK consolidated, under Chapter 11 of Title 11 of the z United States Code in the United States Bankruptcy for the District of Massachusetts) who being duly adjudged Bankrupt by L, the United States District Court for the District of Massachusetts upon a petition filed in said Court on the 12th 'day of December, 1988, by virtue of the power granted to ace by said court on September 25, 1989, have sold the right, title, and interest of the said Bankrupt pursuant to Trustee's Notice i of Intended Public Sale S n the hereinafter described real estate at public sale to Paul Fireman and Phyllis A. Fireman of 230 Dudley Road, Newton, Massachusetts as tenants by the entirety for the sum of Three Billion Six Hundred Fifty Thousand and no/100 ($3,650,000.00) Dollars. NOW, THEREFORE, in consideration of the said sum of Three Million Six Hundred Fifty Thousand and no/100 ($3,650,000.00) Dollars to me paid by the said Paul Fireman and Phyllis A. Fireman, the receipt of which said sum is hereby acknowledged, C� I, John F. Cullen, the said Trustee in Bankruptcy and as such Trustee, do by virtue and in execution of the power to him given by said court and of every other power and authority hereto enabling, hereby grant, bargain, sell and convey unto the said Paul Fireman and Phyllis A. Fireman as aforesaid, all and whatsoever the right, title and interest that the said Bankrupt had on the said date of the commencement of proceedings in said bankruptcy in and to the following described real estate, namely: �._.''sue,,, � '� ,i �.U.�+a►-�i��r:�►•ar►-�s�-s�.._.�,r,, �r 4 s .. : .. 2 - The land and buildings in Barnstable County, Commonwealtr cf Massachusetts being described as follows: Being Lots 14, 15 and 16 on Land Court Plan No. 9592-L dated November 4, 1987 drawn by Baxter and Nye, Inc. Registered Land Surveyors and Civil Engineers, Osterville, Massachusetts and filed in the Land Registration Office at Boston. Said lots are a subdivision of Lot 4 as shown on Subdivision Plan 9592-F filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 239, Page 47 with Certificate of Title No. 30797. Said Lot 14 containing approximately 47,470 square feet. Said Lot 15 containing approximately 47,470 square feet. Said Lot 16 containing approximately 47,469 square feet. Said land is subject to and has the benefit of rights and easements in the way thirty (30) feet wide, as shown on plan 9592-C and set forth in an Agreement between Edward C. Crossett et al and Francis W. Parsons dated September 15, 1922 duly recorded in Book 388, Page 474, so far as now in force and applicable. Said land is subject to and has the benefit of the rights and restrictions set forth in Document No. 82,300, said restrictions to remain in force for a period of twenty (20) years from July 20, 1963. nq Lots 3 4 5"ana 5 s as shown,oW �SivisonnPl_ariu f-Land-in .8:i 30F Tdated-Decemib6r 17 1986 titled. d 'in F t' Barnstable, Baxter andKNye,'Inc.—Surveyors 'Said lots area "r .J.c t%. ... .: '.„vie �. :r,_.•.,,.__.�_ _4 ---subdlvision of lot 8 3 and 8 4 ;as shown'on plan 87_3O .D hated April "1948,-^and filed in the Land Registration Office at Boston, a'COPY"of'which is filed in Barnstable County Registry of Deeds, Land Registration Book 62, Page 58 with Certificate of Title No. 9558. LVO.COM. BWOK no W Baia d1r, w be *am m ow*pow D trev as JAN 5 OW PW9 29_ a ! 40 ` 16 VANG AS t0 oE=TrM Louis A kim bor- Cii lid I 3 - Said land is subject to and has the benefit of the terms cf an Agreement by and between Francis W. Parson et al dated September 15, 1922 duly recorded in Book 388, page 474, so far as. now in force and applicable, So such of said Lot B-3 as is included within the limits cf the roads as shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same and there is appurtenant to said land the right to use the way to and from the State Highway from and to said land, said right of way to be used for all purposes for which streets or highways now or hereafter are or may be used. Said land is also subject to a right of way as established by a grant of such on November 12, 1946 to Leila P. Merrill et al, being Document No. 21,147, and said right of way shall be appurtenant to the remaining land of Adolphe O. Richards et al and for use in common with Frank C. Tuttle, Jr. and Sara D. Tuttle and their successors in title. 1 Said Lot�B 34.1s s -ub�ect` to;the restiictionz set forth in cument NO 70 3 Do _,_v--•---_ ,_.. . _.•,� Wh1ch shall,reasan if- force for a period`of ' itventy.-(20)-`years-fr6k-June 6;�1961.� �`"`"" "�" So much of said Lot B--4 as is included within the limits of the 20 foot Way shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same and there is appurtenant to said land the right to use the 20 foot Way on Lot B-3 and the right to use the way to and frow the State Highway from and to said land for all purposes for which streets or highways now or hereafter are or may be used. Said Lots B-3 and B-4 are subject to the rights granted in an easement given to the Cape & Vineyard Electric Company et al dated August 12, 1953 being Document No 37,913. Said lots are subject to an Order of Conditions dated May 12, 1987, recorded with the Barnstable Registry of Deeds Registered Land Section as Document Number 430, 654 with Certificate Number 106378. This conveyance is subject to all restrictions and easements of record. a - For the Debtor's Title, see Certificate No. 106378 recorded in the Registered Land Section of the Barnstable Registry of Deeds in Book 869, Page 58. The premises are granted and conveyed free and clear of all mortgages, encumbrances, liens and attachments, with the liens of the secured parties attaching to the proceeds of sale in order of their priority, subject, however, to (a) building, zoning and other use limitations and restrictions, ordinances, by-laws, rules and regulations of applicable public and private authorities having jurisdiction or control thsreover, (b) rights or claims, not shown by the public records which could be disclosed by an accurate survey and inspection of the Premises. TO HAVE AND TO HOLD the granted premises, with all the privileges and appurtenances thereto belonging, to said Paul Fireman and Phyllis A. Fireman and its successors and assigns, to their own use and behoove forever. IN WITNESS WHEREOF, John F. Cullen, the said Trustee in Bankruptcy, does as such Trustee hereunto set his name and seal this �� day of January in the year one thousand nine hundred and Ninety. Signed and aled in presence of o F. Cullen, Trustee, in no manner hatsoever individually COMWNWEALTH OF HASSACHUSE't`TS SUFFOLK, SS. January ?"; 1990 Then personally appeared the above-named John F. Cullen, Trustee and acknowledged the foregoing instrument to be his free act and deed, before me, /y ° ,� l c 1' Notary c f My commission expires: G(l6f ? 3 DF.EDS E - DEEDS - - r 0, 00 N _ 1 900. 0A.� 0 � M ...s DE DUE CIs 9 0 0. 0®— 9 0 0. 0 0 Q 9.8.10820 ��• o ea:lwae�--� ��� L___—�c .� DEEDSDE E� E a, -- - s o a o o N Fu-ru o R/.Ie►020 '� _ \`- ifry o Rl tw ti DEEDS N 90Q00 •e�BARNSTABLE - . g52/9R DE 'a 0 a 0 0 w�c 19 rn gg74AIII 11:50 — EXCISE ZSX ca DEED tv DEEDS E N 9 0 a 08 UNITED STATES BAMXRUPrCY COURT FOR THE DISTRICT OF KASSACMISEWS ~ DOCw [TED �w In Re., I TMOTHY J. SHEEHAN, III Case No.88-12451-CJK SOUTH HAY REALTY TRUST Case No.88-12450-CJK Chapter 11 Debtor Consolidated ,- TRUSTEE'S NOTICE OF JInT 1DED pUBRLIC S111X / r � • / i 1. Notice is hereby given by the Trustee, John F. Cullen, ��_ of the intended sale by the Trustee of the Debtor's interest in c the hereinafter described real property assets of the bankruptcy estate of the above-named Debtor pursuant to 11 U.S.C. Section 363. 2. The sale will be a Trustee sale at public auction to be conducted by Paul Saperstein Company at the Tara-Hyannis Hotel & Resort, West End Circle, Hyannis, MA 02601, on December 9, 1989, at 11:00 a.m. 1%. ., ° .hereinafter described real, prQpeLrty has not been claimed by the Debtor or any other person entitled to assert the Debtors exemptions under federal or state law except by Timothy J. Sheehan, III who claims a $7,900.00 exemption as beneficiary of the South Hay Realty Trust pursuant to Section 522 (a) of the U.S Bankruptcy Code. 4. The sale will be free and clear of all mortgages, encumbrances, liens and attachments except its provided in the Kemorandum of Terms and Conditions of Sale attached hereto. Said liens, if valid, shall attach to the proceeds of sale in orler of their priority. 5. Without representation as to their validity or BA vAr�eability the following liens appear of record. A first p Certlriea to be a true aW ., )__or t� copy ¢f 'he original. t .; 1 � Rem. Clerk V 3R Brt"`) District p rt.Y EJ°lit / �4 f ifassachu C / SPut7 Clerk r mortgage to Marquette Financial Corp. and a second and third mortgage to George A. Downey as Trustee for Sheehan-WestBay Realty Trust. A Notice of Contract by A . G . M. Marine Contractors, Inc. 6. By this Notice, the Trustee requires that bids will only be accepted for said real property provided bidders deposit with the Trustee or his designated representative at least 112 hour ' before time of scheduled sale the amount of $35,000. 00 Dollars for bids on individual parcels and - '00,000.00 for bids on the en-f rety Ln the form of a certified or bank check, or in a form deemed acceptable by the Trustee or his representative. 7. This Notice is given in order to enable parties in interest an opportunity to object to the intended sale. Unless a party in interest files a written objection with the Clerk of the SA4kruptcy Court, 1101 O'Neill Federal Office Building, 10 Causeway Street, Boston, Massachusetts 02222 before Cl� .m. on 4 141W/A, L� r�C, 1989 the sale will be held as described and the rights of parties in interest in the above-captioned bankruptcy case in the real property will be transferred to the sale proceeds. Objections must be in writing, give the Debtor's name(s) and case number and the reasons for the objection. If an objection is filed, the Bankruptcy Court will schedule a hearing on the objection on S![ (.0 /P, )-,: I( (. , 1989 at �) t^__L .M. 8. The real property assets of the bankruptcy estate to be sold at public auction on December 9, 1989 are located in the Town of Os terville, Barnstable County, an exclusive area of Cape Cod. The property consists of five unimproved lots and a double lot with a house on it. The seven lots contain approximately 8.74 acres. Four lots are waterfront property. The property is more particulary described as.- The land and buildings in Barnstable County, Commonwealth of Massachusetts being described as follows: Lots 14, 15 and 16 on Land Court Plan No. 9592-L dated November 4, 1987 drawn by Baxter and Nye, Inc, Registered Land Surveyors and Civil Engineers, Osterville, Mil. 7 ,A6 . r � 3 Being a subdivision of Lot 4 as shorn on Subdivision Plan 9592-7 filed in the Land Registration Office at Boston, a copy of vhich is filed in Barnstable county Registry of Deeds in Land Registration Book 239, Page 47 with Certificate of Title Yo. 30797. I Said Lot 14 containing 47,470 square feet. ' Said Lot 15 containing 47,470 square feet. j Said Lot 16 containing 47,469 square feet. Said land is subject to and has the benefit of rights and easements in the Way thirty (30) feet wide, as shown on plan 9592-C and set forth in an Agreement between Edward C. Cros"tt et al and Francis W. Parsons dated September 15, 1922 duly recorded •in Book 388, Page 474, so far as now in force and applicable. Said land is subject to and has the benefit of the rights i and restrictions set forth in Document No. 82, 300, said restrictions to remain in force for a period of twenty (20) years from July 20, 1963. Beizig Logs 3,4, 5 and 6 as shown on Plan 8730F dated December 17, 1986 titled Subdivision Plan of Land in Barnstable, Baxter and Nye, Inc. Surveyors dated December 17, 1986. Said lots are a subdivision of lot B-3 and B-4 as shown on plan 8730-D dated April 1948, and filed in the Land Registration Office at Boston, a cagy of which is filed in Barnstable count Registry of Deeds, Land Registration Book 62, Page 58 with Certificate of Title No. 9558. Said land is subject to and has the benefit of the tens of an Agreement by and between Francis w. Parson et al dated September 15, 1922 duly recorded in Book 388, Page 474, so for as now in force and applicable. So Such of said Lot B-3 as is included within the limits of the roads as shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same and there xs appurtenant to said land the right to use the way to and from the State Highway from and to said land, said right of way to be used for all purposes for which streets or highways now or hereafter are or may be used. Said land is also subject to a right of way as established by a grant of such on November 12, 1946 to Leila p. Nerrill et I al, bei2lq �,3io:}. appurtenant 'to ;coi.twwo wi g Ai and for use •in Tuttle and their successors Said Lot B-3 is subject tQ.•�tba::'r�atzi >. r s= Document NO 70 325, which �tivQ3s •+set f0=th, in twenty (20) years from Juno 1! of - •^z:-r,• mac-•„� So such of said Lot B-�=a nded tiithiq: t"Ahkits'of the 20 foot-Xay shown on sai ecC;#.Q of all parspas 3Wfull entitlsc�. 'i d therpi.#'appti�tgpant to said; y . �e-3 and the r tw•to r �aa "ems E �yu;�,ot iqb ths�raYs�tosae�d:.2�e'.. 3ta BighYa from and to said*. trA toi_all:purposso forrrhich streets, or big'hways now or hQr?after,AW0 or-say be used. - +: Said LotsB-3 and B-4 are 'sub ect .to the rights granted in an easement given to the Cape i Vineyard Electric Company et al dated August 12, 1953 being Document No 37,913. Said lots are subject to an Order of Conditions dated May 12 , 1987, recorded with the Barnstable Registry of Deeds Registered Land Section as Document Number 430, 654 with Certificate Number 106378. For the Debtor's Title, see Certificate 106378. j 9. The Memorandum of Terms and Conditions of sale is incorporated herein by reference and is on file with the United states Bankruptcy Court, Additional copies can be obtained by contacting Beth R, Klein, Cullen & Resnick, Shipway Place Place C-3, Boston, Massachusetts. 10. The sale of the property is subject to final approval of the Trustee. 11 . Additional details of sale can be obtained by contacting the Paul Saperstein Company, 148 State Street, Boston, MA 02109, at (617) 227-6553. Respectfully submitted, J n F.Cu en, rustee CULLEN i RESNICK Charlestown Navy Yard Sbipway Place C-3 D a t a P d �� G�e / Boston, Massachusetts 02129 t c(517) 242-n,860_,• baaQl7 S�j . k :� �,. I e r QDT� STA= BAKKRwrcy com I DI.SMcr i Jw 1 In re: SOUPS BAY FMZM TRW Chapter':I2 - i Y J. Swum, III Case No. 88-12450-CJK SE-:2451-= Debtor j C RrIF ICATE OF TRLS= t JOHN CULLEN, ESQUIRE, Historic Charl,estmm Navy Yard, Shipww Piaoe, Charlestam, BA 02129 is hereby as Trustee or the estate of the above-named debtor. Its gANK'P!/,o Certified to be a t rye and ��O s.-'•� " _i`� � Forme- . �. __ . . :. . :. Date: SEP 5 "'7~-, i��, i �, '� tputy Clerk f9i '� S 1 .- !0 _ United States Trustee AYE'S ACICEPMCE The umersixyea aooepts the foreWins l "A , the duties and r"Rosisihiut3,es of the trust and obligates hwmU and his ur is seties � the to of the bmd to be or heretofore filed vAth the drifted states Ba*rmp" Oaurt. i Date: UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSE ITS In Re: TIMOTHY J. SHEEHAN, III Case No.88-12451-CJK SOUTH BAY REALTY TRUST Case No.88-12450-CJK Chapter 11 Debtor Consolidated CL=115 CBATIPICATB I, ROBERT L. BINGHAM, CLERK OF THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS, DO HEREBY CERTIFY THAT AN EXAMINATION OF THE DOCKET IN THE ABOVE--ENTITLED CASE INDICATES THE FOLLOWING: 1. THE ABOVE CASE WAS COMMENCED BY THE FILING OF A PETITION ON DECEMBER 12, 1988. 2. JOHN F. CULLEN WAS APPOINTED AS TRUSTEE IN THE CASE ON SEPTEMBER 25, 1989; 3. ON NOVENBER 7, 1989, THE TRUSTEE FILED A NOTICE OF --UTFX= PUBLIC SALE OF RE&L ESTATE TO WIT. THE SALE OF THE DEBTOR'S REAL ESTATE LOCATED AT 92 SOUTH BAY ROAD, OSTERVIL.LE, MASSACHUSETTS; 4. NOTICE OF PUBLIC SALE WAS GIVEN TO ALL PARTIES IN INTEREST AND AN AFFIDAVIT OF THE MAILING OF SAID NOTICE HAS Z'P.N FILED WITH THIS COURT; 5. ONE OBJECTION TO THE SALE WAS FILED. A HEARING ON THE OBJECTION WAS HELD AND THE OBJECTION WAS DENIED. IN TESTIMONY WHEREOF, I HEREUNTO SET MY HAND AND AFFIX �PiEg 9ANKRT� SE IN THE DISIS COURT, AT s- F SACHUSETTS, THIS Y OF 1990. VG ROBERT L. BINGHAM, CLERK BY: IV CLERK I, GLADYS BROOKS THAYER of New York, New York County, New York, being unnarried, for consideration paid, grant to TIMOTHY J. SHEEW, married to Barbara E. Sheehan, of Princeton, Mercer County, New Jersey, with $UITCLAIU COVENANTS, two certain parcels of vacant land situated on Little Island in the Village of Osterville, Town and County of Barnstable, Massachusetts, and shown as Lots B-3 and B-4 on Land Court Flan No. 8730-D, filed in the Land Registration Office at Boston, 1Yassachusetts,a copy of which plan is filed in Barnstable County Registry of Deeds in Land Registration Book G2, Page 58, with ' Certificate of Title No. 9558, said land being bounded and described as follows: LOT B-3 Easterly by a Way about three hundred thirty-two and 35/100 (332.35) feet; Southerly by West Bay; Westerly by Lot B-4, about four hundred twenty-eight (428) feet; and , . Northerly by twodhundred fIftynow orrand 05/100erine(250.05Dan1e1, feet. oC LOT B-4 land now or formerly of Catherine Daniel, C Northerly by two hundred forty-nine and 95/100 (249.95) Xeet; Easterly by Lot B-3, about four hundred twenty-eight (423) feet; Southerly by west Bay; and Westerly by �d 492100b(474four hundred seventy-four Said Lots B-3 and B-4, and each of them, are hereby con- veyed subject to and with the benefit of theBuilding and Zoning Laws of the Town of Barnstable; to any and all public rights legally exist- ing in and over the same below mean high water mark; to the rights of all persons lawfully entitled thereto over so much of the premises as is inoluded within the limits of the roads shown on said plan and to �T i IN 10 100. r all rights, easements, agreements, and restrictions of record in so far as the same may now be in force and applicable, o)tT e`i`ollow-, xing7rest- ct ons artd xesaTe'`agreemei►tUhichR shall-remain-in-fore e;fo a period of twenty..t(20),-years"froui'thepdatejof thin deed conveying`` the same,f or the benefit of the remaining land of Gladys Brooks Thayer situate at Little Island in said Osterville. i. Theupremisesahereiri"conveyed;and shown'�",as Lots B=3"- �d B-4 onLand;C�'" Dort.Plan No ,<8730�D;�`iakenf together;`may�.;be' ' divid..efl`tLinto.not morn"than awo;lots and each such..lot thereafter-'` , '.N"^«4eH �! �tobe s paratelysuD�ect toerestri tionliereinafter, ref erred Cto.and set-forth.- Z. No buildings or other structures, including feneQs, shall be erected, placed, maintained, altered or used on the _.. granted premises unjj. the plans and location of the same have been approved by the Grantor, her heirs, executors, adminis- trators or assigns, provided always that the power to give or withhold such approval shall at all times be vested in the Grantor or in a single designated successor or assign of the Grantor. 3. The said Timothy J. Sheehan, or his heirs, executors, administrators, and assigns, shall not sell, mortgage, convey, lease or rent the whole or any part of the granted premises to any person or corporation without first receiving the approval In writing of the Grantor, her heirs, executors, administrators, or assigns, to such sale, mortgage, conveyance, lease or rental provided always, that the power to give or withhold such ap- proval shall at all times be vested in the Grantor, or in a single designated successor or assign of the Grantor. For Grantors title see Certificatesof Title No. 11001 and No. 15184 issued by the Barnstable Registry District of the Land Court. WITNESS my hand and seal thisG day -2 --19E1. r. :�--�•:�.` ��0-!��O �, Y f..`�i�3,.-ma's'' i Wes. THE O, :.O Then personally appeared the above named Gladys Brooks Thayer and d.egd,be- fore 1 Mat ary t q commission e)p ires: f: :7 EXPIRES TA r�d-�,• �'���kf!—{ '�f�, � Lb,kc�.� y(,�/se� �, 1�'il j�lp/� /��i��lr��_. �.�t�71�pfn�`_. r ���,,/�• �4•oj�k'E, s'�,�/��r �%iFl• r�s_�j� �l'-..k}!1 r1�.••�.�I' 1��`Sli ��6:T���/ �1�'I�iJ�"�I iy1�°!9p!p�(i�D".l^�VS'k`�_'ILti:!•.}Jil:�6-•i� t�yY+F4S` 7`.�54$1�CS0��[�o`,'PWrT3'� 'Sq°�nqr .u n.�'(4 N.:^..:`:.I�:tY�.�`�t'1.Fil:it-:S:"r~•'PC L.hi\:.i� .�)M Y • ..IOi�W�'���lIP. .. re.ww.+erM.►a«+.n.rig.+..i.4-.�..:�-ws.awv.a.a.....ww��.yn.�.•i.•�i..� • cc-t7P 5 'pop 3A S'' GL,ADYS BROOKS THAYER To i TIMOTHY J. SHEEiAN a,1ITCLAIbi DEED .. a`o5`able Registry�s fflc UN12G1961 f t,tC(N.: it:r, R1C:51NAi1 _ /Z j?44 T ALBERT W. RoCKWOOD 87D MAIN STREET OSTCRVILLR.MIA69ACNVSEYM I Nutt er Eliza Cox Direct Line:. 508-790-5431 Fax: 508-771-8079 E-mail: ecox@nutter.com December 16, 2008 101793-4 By Hand Arthur Traczyk, Principal Planner Zoning Board of Appeals 200 Main Street t ii i'• r Hyannis, MA 02601 -- C) Re: Appeal of November 19, 2008 Zoning Determination Fireman - 72 and 92 South Bay Road, Osterville — Dear Art: On behalf of our clients, Paul Fireman and Phyllis Fireman, owners of the above referenced properties, we hereby submit the following materials for filing with the Zoning Board of Appeals appealing the Building Commissioner's November 19, 2008 zoning determination: 1. Two (2) copies of the completed application form, both of which have been stamped by the Town Clerk's Office; 2. Twelve (12) copies of an addendum to the application which contain the Building Commissioner's determination (as Exhibit 1) and our August 19, 2008 original submission, together with referenced exhibits, describing the subject properties and why we contend that no zoning relief is required (as Exhibit 2) to allow for the development of a single family dwelling on each of the subject properties. 3. Check no. 2986 in the amount of$100.00 representing the requisite filing fee. By copy of this correspondence, we are also transmitting a copy of the application form and addendum to'the Building Commissioner. Please do not hesitate to contact me with any questions, comments or should you require any additional information. In addition, kindly advise when this matter will be heard by the Zoning Board of Appeals so that we may mark our calendars accordingly. Thank you very much. NUTTER McCLENNEN & FISH LLP • ATTORNEYS AT LAW 1513 Iyannough Road e P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 • 508-790-5400 • Fax: 508-771-8079 www.nutter.com 1 Arthur Traczyk, Principal Planner December 15, 2008 Page 2 With best regards, I remain, Very truly yours, Eliza Cox Enclosures cc: Thomas Perry, Buildin _Commissioner�encls.) Patrick Butler, Esq. Sarah Turano-Flores, Esq. 1792069.1 4.. "B AP�11•,"S'r .*08 DEC 17 P3 :01 TOWN OF BARNSTABLE Zoning Board of Appeals Application for Other Powers Date Received For office use only: Town Clerk's Office: Appeal # Hearing Date Decision Due: The undersigned hereby applies to the Zoning Board of Appeals in the manner set forth below: Applicant Name: Paul Fireman and Phyllis Fireman Phone: 508-790-5407 Applicant Address: c/o Patrick M. Butler, Esq., Nutter, McClennen&Fish, LLP, P.O. Box 1630, Hyannis, MA 2601 Property Location: 72 and 92 South Bay Road, Osterville, MA 02655 Property Owner: Paul and Phyllis Fireman Phone: Address of Owner: Assessor's Map/Parcel 93/42-3 &42-1 Zoning District: RF-l/RPOD Number: Number of Years Owned: Approx. 19 years Groundwater Overlay District: AP This is a request for:: [] Enforcement Action [X] Appeals of Administrative Official's Decision Other General Powers - Please Specify: Which Section(s) of the Zoning Ordinance and/or MGL Chapter 40A are you appealing to the Zoning Board of Appeals? The Applicants submit.this appeal pursuant to G.L. c. 40A,§§ 8& 15 and §240-125(B)(1)(a)of the Zoning Ordinance Nature of Appeal &Description of Request: _The Applicants appeal the November 19, 2008 Zoning Determination (copy attached)of Thomas Perry, Building Commissioner for the reasons stated in the attached addendum. Attach Additional Sheet ff Necessary �f Application for Other Powers — Page 2 Existing Level of Development of the Property-Number of Buildings: One Dwelling Present Use(s) Residential Gross Floor Area: Approx. 11,378 sf Is the property located in a designated Historic Landmark? Yes [] No [X] If yes [] - Old King's Highway Regional Historic District Date Approved (if applicable) [] - Old King's Highway Regional Historic District Date Approved (if applicable) Is the building a designated Historic Landmark?............................................. Yes [] No [X] Have you applied for a building permit?..................................................... Yes [] No[X] Have you been refused a building permit?................................................... Yes [] No[X] The following information, as applicable, should be submitted with the application at the time of filing. Failure to do so may result in a denial of your request. Three (3)copies of the completed application form, each with original signatures. Three (3)copies of a certified property survey(plot plan)and one (1) reduced copy(8 'fi" x 11" or 11" x 17") showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. Three(3)copies of a proposed site improvement plan and one (1)reduced copy (8 1h" x II" or I V x 17"). The a t must submit additional supporting documents to assist the Board in making its de rmina 'on. Signature: e- S OR— Date: Ap ant's or Representative s Signature Representative's Address Patrick M. Butler, Esq. Phone Nutter, McClennen& Fish, LLP P.O. Box 1630 Hyannis, MA 02601 508-790-5407 Fax No. 508-771-8079 1791940.1 Revision Date 12-17-01 -file zba-f-Application for Other Powers.doc i Utt er Eliza Cox Direct Line: (508)790-5431 Fax: (508)771-8079 E-mail: ecox@nutter.com September 27, 2012 0101793-00007 Elizabeth Jenkins, Principal Planner Growth Management Department N Town of Barnstable ; C) 200 Main Street Hyannis, MA 02601 `-� 0 t Re: Appeal No 2012-036. 72 & 92 South Bay Road, Osterville r, Dear Elizabeth: On behalf of Robert Sharkansky and John McElhinny, Trustees of the 72 South Bay Road Nominee Trust, I enclose for your files a copy of the July 11, 2012 Town of Barnstable Zoning Board of Appeals' decision, Appeal No..2012-036,.as filed with the Barnstable County Registry�District of the Land Court as document number 1,202,446. This submission is in accordance with condition 4 of the decision. As you may be aware, on July 26, 2012, the Barnstable Planning Board endorsed the approval not required plan (the "ANR Plan") described in the decision. As the property is registered,the ANR Plan is in the process of being filed with the Engineering Department of the Land Court in Boston for registration and assignment of a plan letter.I After the appropriate plan letter is assigned it will automatically be sent from Boston to the Barnstable County Registry District of the Land Court. We will provide you, under separate cover, with evidence that the plan was filed with the Land Court Engineering Department which I trust will satisfy the remaining portion of condition 4 of the decision. Thank you again;very much, for your assistance with this matter. Please do not hesitate to contact me with any questions or comments. '..As the current plan is registered as LCP 8730-F,this plan will also be registered under LCP 8730 with a subsequent letter. NUTTER McCLENNEN & FISH LLP ° ATTORNEYS AT LAW 1471 Iyannough Road ° P.O. Box 1630 ° Hyannis, Massachusetts 02601-1630° 508-790-5400° Fax: 508-771-8079 www.nutter.com Elizabeth Jenkins 'September 27, 2012 Page 2 With best regards, I remain, Very truly yours, Eliza Cox EZC: Enclosure cc: Jack McElhinny, Esq., Trustee (w/encl.) Matthew Eddy, Baxter Nye Engineering& Surveying,Inc., (w/encl.) i Centerville-Osterville-Marstons Mills Water Department 11.0.BOX 369-1138 MAIN STREET OSTERVULE,MASSAC-IWSE1 I'S 02655TOM OF BARNc, E LF, OS www.commwater.com OFFICE OF "l0 NOV20 A�1 8 soAxA of WATER coNMssIONERs WATER 'k wAt?-R SUPERINTENDENT DEPT.Py TEL.No.508-428-6691 FAX.No.508-428-3508 � "`�"� DIVISTOiN November 20, 2012 Town.of Barnstable Building Dept. 367 Main Street Hyannis,MA 02601 Re: Account#23 96 Paul Fireman 92 South.Bay Road Osterville,MA Gentlemen: On Monday, November 19, 2012 we turned off the water at the curb stop and disconnected the water service in the meter pit at the property mentioned above. The pit is located approximately 12 feet from the edge of the road. It is our understanding that the owner plans to demolish the house, rebuild and will have a new water service into the new structure(omitting the meter pit) at a later date. If you have any questions,please call our office at 509-428-6691. Very truly yours, Z)W4 Herbert L. Mc Sorley Assistant Superintendent cc: Bruce Besse HLMCS/jw i ".1937 to 2012 Celebrating 75 Years of Service" 06/17/2009 15:55 508-771-8079 NUTTER MCCLENNEN FIH PAGE 01/02 ..',,. g.3 OARNfA8LE Nuttel ,lL�d I 1 5 FACSIMILE 'TRANSMITTAL SREE�,�p� P� 3� 4 Today's Date: June 1.7, 2009 "f:'i.me: 3:39 PM EMP1 yec 1ID. 6�G1'5IZ110N# of Pages: 2 From: Eliza Cox Direct Dial: 508-790-5431. Tax No: 508-771.-8079 RT;CIPIENT M COM.PANY rnx No. Pnox;No. Thomas Perry Building Commissioner 508-790-6230 508-862-4038 'Down of Barnstable COMMENTS: 1837601.1 ---- STATEMENT OF CONF11)FKTTA1.1TY The ducumum,;included with this facsimile transmittal sheet contain infonnapon from the law firm of Nuttcr McClennen&Fish UP which is confidential Ind/or privileged, The Information is intended to he for the use of the addressee named on this transmittal sheet. If you are not the addressee,note that any disclosure, phomeopying,disrrihudon or use of the contents of this faxed information is prohlbited. If you have received this facsimile in error, please notify us by telephone (collect)Immediately so that we can arrange for the retrieval of the orilintd documcnt9 at no cost to you. IF TFIERF•TS A PROBLEM WTTII TI:T..T.S TRANSMISSION, OR:IF YOU DII) NOT RECEIVE ALL PAGES, PLEASE CALL 508-790-5400, AS SOON AS POSSIBLE FOR NUTTER MCCT.FNNT:N& F1ST•I T.T.P USE ONLY Client-Matter No. 101793-4 Nutter McClennen & Fish LLP . Attorneys at Law 1471 lyannough Road, P.O. Box 1630 . Hyannis,MA 02601-1630 . 508-790-5400 . Fax:508-771-8079 ■ www.nutter.com 06/17/2009 15:55 508-771-8079 NUTTER MCCLENNEN FIH PAGE 02/02 Nutter E, t JiR51 ABLE 20i9 I 'i l? �� 3' S4 ETA Cox Direct Linc: 508-790-5431 Fax: 508-771-8079 ___0 114_i E-mail: ecox@nutter.com June 17, 2009 . 101793-4 By Facsimile and First Class Mail Town of Barnstable Zoning Board of Appeals c/o Art Traczy.k, Principal Planner 200 Main Street Hyannis, MA 02601 Re: .Paul and Phyllis Fir_-.ema _-Appeal No. 2009-6 92 Soulli B-ay Rc�a�3� Ostervitle) Dear Art: We have confirined with. the Town Clerlc's Office that thirty (30) days,have elapsed without appeal or objection since the Town Council voted to adopt Article 2009-099 on May 7, 2009. In light of this newly effective zoning amendment, on behalf of the Applicants, we are requesting that Appeal No. 2009-6 which is scheduled for tonight's Zoning Board of Appeals' hearing agenda be withdrawn without prejudice. Please do not hesitate to contact me with any questions or comments regarding this correspondcnce. '1'la.ank you very much for your assistance. Very truly yours, Eliza. Cox cc: Thomas Perry, Building Commissioner (By Facsimile) Jack McElhinny, Esq. Sarah Turano-Flores, Esq. 1837577.). .NUTTER MCCLENNEN & FISH LLP • ATTORNEYS AT LAW 1471 Iyannough Road• P.O. Box 1630 • Hyannis, Massachusetts 02601-1630. 508-790-5400 Fax: 508.771-8079 www.nutter.com - AlMJ 'v Nutter Eliza Cox Direct Line: 508-790-5431 Fax: 508-771-8079 E-mail: ecox@nutter.com May 18, 2009 101793-4 By Facsimile & First Class Mail Arthur Traczyk, Principal Planner Zoning Board of Appeals Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Paul and Phyllis Fireman - Appeal No. 2009-6 92 South Bay Road, Osterville Dear Art: This correspondence will serve to follow-up on our telephone conversation of this morning to request a continuance of the above referenced appeal which is presently scheduled to be heard by the Zoning Board of Appeals Wednesday, May 20, 2009. As we discussed, this continuance is requested in light of recent adopted zoning changes by the Town Council. Based on our discussions, we would ask that the appeal be continued to the June 17, 2009 Zoning Board of Appeals' agenda. Please advise if you require the execution of an extension agreement extending the time frames by which a decision must be rendered for this appeal. In addition, I have also copied the Building Commissioner on this request in the event that he was planning on attending the hearing. Thank you very much for your assistance on this matter and please do not hesitate to contact me with any questions or comments. o ca r. � �cv Wit. N � O NUTTER McCLENNEN & FISH LLP • ATTORNEYS AT LAW 1471 Iyannough Road• P.O. Box 1630 • Hyannis, Massachusetts 02601-1630. 508-790-5400• Fax: 508-771-8079 www.nutter.com y, Arthur Traczyk, Principal Planner May 18, 2009 Page 2 With best regards, I remain, Very truly yours, Eliza Cox Enclosure cc: Thomas Perry, Building Commissioner Jack McElhinny, Esq. Sarah Turano-Flores, Esq. 1829336.1 i s r r iJ Nutter Eliza Cox Direct Line: 508-790-5431 Fax: 508-771-8079 E-mail: ecox@nutter.com March 19, 2009 #101793-4 By Facsimile & First Class Mail Arthur Traczyk, Principal Planner Town of Barnstable Zoning Board of Appeals 200 Main Street Hyannis, MA 02601 Re: Paul and Phyllis Fireman - Appeal No. 2009-6 92 South Bay Road, Osterville Dear Art: This correspondence will serve to followup on our telephone conversation of March 17, 2009 to request a continuance of the above-referenced appeal which is presently scheduled to be heard by the Zoning Board of Appeals on Wednesday, March 25, 2009. As we discussed, I have a scheduling conflict next Wednesday evening and will not be able to attend the Zoning Board of Appeals hearing. Based on our discussions, I would ask that this appeal be continued to the May 20, 2009 hearing agenda, which I understand is open and available. Please let me know if an additional extension agreement needs to be executed to effectuate this continuance. In addition, I have also copied the Building Commissioner on this correspondence in the event that he was planning on attending the hearing. Based on our telephone conversation, I understand we do not need to be present at the hearing next Wednesday to make this continuance request in person. If you feel that our presence is required, please let me know so that I may make arrangements for a colleague to attend. Thank you very much for your assistance on this matter and please do not hesitate to contact me should you have any questions or comments. E ru • C •C N • � zi C,J co r NUTTER McCLENNEN & FISH LLP • ATTORNEYS AT LAW 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 • 508-790-5400 • Fax: 508-771-8079 www.nutter.com Arthur Traczyk, Principal Planner March 19, 2009 Page 2 With best regards, I remain, Very truly yours, Eliza Cox EZC:cam cc: Th_s Perry_, Building Commissioner Jack McElhinney, Esq. Sarah Turano-Flores, Esq. 1815161.1 I Nutter - Eliza Cox Direct Line: 508-790-5431 ` Fax: 508-771-8079 E-mail: ecox@nutter.com February 10, 2009 101793-4 By Facsimile & First Class Mail Arthur Traczyk, Principal Planner Zoning Board of Appeals . Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Paul and Phyllis Fireman - Appeal No. 2009-6 92 South Bay Road, Osterville Dear Art: This correspondence will serve to follow-up on our telephone conversation of this morning to request a continuance of the above referenced appeal which is presently scheduled to be heard by the Zoning Board of Appeals tomorrow, Wednesday, February 11, 2009. As we discussed, this continuance is necessary owing to a scheduling conflict that has just arisen. Based on our discussions, we would ask that the appeal be continued to the March 25, 2009 Zoning Board'of Appeals agenda, which"we understand is the next available hearing date. As requested, I have executed and enclosed the extension agreement that you forwarded extending the time frames by which a decision must be rendered for this appeal for an additional 90 days. In addition, I have also copied the Building Commissioner on this request in the event that he was planning on attending the hearing. Based on our telephone conversation; I understand that I do not need to be at the hearing tomorrow night to make this continuance request in person. If you feel that my presence is required, please let me know. Thank you very much for your assistance on this matter and please do not hesitate to contact me with any questions or comments. I NUTTER McCLENNEN & FISH LLP • ATTORNEYS AT LAW 1471 Iyannough Road• P.O. Box 1630 • Hyannis, Massachusetts 02601-1630. 508-790-5400• Fax: 508-771-8079 www.nutter.com a Arthur Traczyk, Priricipal Planner February 10, 2009 Page 2 With best regards, 1 remain, Very truly yours, Eliza Cox Enclosure cc: � Thomas_Perry_, Building Commis—oner—I Jack McElhinney, Esq. Sarah Turano-Flores, Esq. 1805745.1 F . r t { i I • , 6 i N Town of Barnstable Zoning Board of Appeals Agreement to Extend Time Limits For Filing of a Decision on an Appeal of an Administrative Official In the Matter of Paul and Phyllis Fireman, the Appellant and the Zoning Board of Appeals, pursuant to Mass. General Laws, Chapter 40A, Section 15, agree to extend the required time limits for filing a decision on Appeal No. 2009-006, an appeal of an Administrative Official, for a period of 90 days beyond that date the decision was to be filed. In executing this Agreement, the Appellant hereto specifically waive any claim for a i constructive grant of relief based upon time limits applicable prior to the execution of this i Agreement. i Appellant: Zoning Board of Appeals: Signature: s uo_k counwet Signature: Appellant or Appell nt's Representative Chairman or Acting Chairman guya, NKc.RQnnen I Fish, l uP Date: K-�n.t0, 200q Date: Zoning Board of Appeals Office Growth Management Department Regulatory Review- 200 Main Street, Hyannis, MA 02601 Phone (508) 862-4685 Fax (508) 862-4784 cc: Town Clerk Petitioner(s) File f i i i ASBESTOS SURVEY 34 N. 7th Street Fall River, MA 02720 r - 04 — , Prepare_d For: t Barrista' 'le Land Design 2>, -�' 2U5=Olde Homestead-DfNe JMarstons Mills, MA0264& tt�l a j - October47, 20',1,2 Prepared by: SOUTH SHORE ENVIRONMENTAL SERVICES, LLC Q C.� Richard Ch entier. Director hr°µE ENy'R,Z South Shore Environmental Services, LLC In P.O. Box 9130, Fall River,MA 02720. Phone:508 567-5298.Cell:508 558-2138 o z m E-Mail: richard.SSESng,comcast.net ASBESTOS INSPECTION r e, Project: Residence/Garage Project Address: 92 S Bay Road Osterville, MA 02648 Inspection Date(s): September 12, 2012 Inspected By: Richard Charpentier, MA Certification No.: Al 900210 Job Number: 12-1012.1 Report Date: October 17,2012 Report Requested by: Bruce Besse Phone: 508 420-1736 E-mail: trkiabesse@comcast.net PURPOSE The enclosed inspection is to thoroughly inspect the above stated property, where demolition and/or renovations will occur, for the presence of asbestos, including Category I and Category II nonfriable ACM in accordance with the EPA National Emission Standards for Hazardous Air Pollutants(NESHAP)Standard for Demolition and Renovation as described in 40 CFR Part 61.145 (a) r INSPECTION PROFILE The residence is a 2 story wood frame structure that is scheduled for demolition. The building has an empty attic space in the eaves and a full basement.No thermal system insulation(TSI)was detected. The garage is a 2 story wood frame structure with a 3-bay garage on the ground floor and a 4 room apartment on the 2"d floor. No thermal system insulation(TSI)was detected. This inspection focused on, but not limited to,the following suspect asbestos containing material (SACM): ✓ Vinyl Flooring and Associated Adhesives(Garage Apt.) ✓ Wall/Ceiling Sheetrock ✓ Joint Compounds ✓ Plaster Skim Coats ✓ Asphaltic Roof Shingles ✓ Moisture Barrier Paper/Tar Paper SAMPLING METHODOLOGY Samples of suspect asbestos containing material (ACBM)were collected in accordance with the EPA NESHAP Standard for Demolition and Renovation as described in 40 CFR Part 61.145, labeled, placed in leak-tight containers and recorded on a`Chain of Custody' (See Appendix A).The Chain of Custody includes the date collected,the location where the sample was taken and the color of the material. The samples were delivered to EMSL Analytical, Inc., in Woburn, MA, for analysis and logged in with the date and time the samples were relinquished by the inspector and received by the laboratory technician. TESTING PROCEDURE All samples were analyzed by Polarized Light Microscopy(PLM) Bulk Asbestos Analysis in accordance with ERA 600/M4-82-020 per CFR 763 (NVLAP# 102079-0). SAMPLING RESULTS Sampling results are described in two categories: "Friable Asbestos Containing Material"and "Category I and Category II Non-friable Asbestos Containing Material"that is determined to contain equal to or greater than 1%asbestos. Samples are identified by the following asbestos types: (1)Thermal System Insulation(TSI)which includes any and all material used for heat/cold control, i.e. pipe insulation, boiler or tank insulation, breech insulation,etc.; (2)Surfacing Material (SFM)which includes any and all sprayed-on or troweled-on material. i.e.,spray-on insulation,textured paint, stucco,joint compounds, mastics, etc.; (3)Miscellaneous Material (MM)which includes vinyl floor tiles,vinyl sheet goods,duct wrap insulation, wallboard,cementitious materials including transite panels, roofing, etc. Sample results are reported by sample number, location, sample description, sample color,type of asbestos and%of asbestos content of the homogeneous material represented by the sample. Fourteen(14)samples were collected and fourteen (14)samples were analyzed by EMSL Laboratory in Woburn, MA. SUMMARY OF ASBESTOS CONTAINING MATERIAL(ACM) NO ASBESTOS WAS DETECTED (SEE TABLES on next pages) A licensed and trained asbestos inspector has made an effort to characterize visible and readily accessible suspect ACBM within the interior/exterior areas of the subject property building using destructive methods. However, no survey can be all encompassing. As such, should construction workers encounter and/or need to disturb product(s)suspected as being ACM,that have not been previously identified or sampled, during any renovation activities in the future,all proper precautions should be taken to ensure these materials are appropriately characterized and handled accordingly. Table 1 Suspect Homogeneous Asbestos Containing Material Collected Sample# Location Description Color Quantily BB-B01 Interior-Garage, L. Room Sheetrock Grey BMW Interior-Garage, Rear Bedroom Sheetrock Grey BB-B03 Interior-Garage, L. Room Plaster Skim Coat White BB-B04 Interior-Garage, Rear Bedroom Plaster Skim Coat White BB-B05 Interior-Garage Sheetrock Grey BB-B06 Interior-Garage JC/Plaster skim White BMW Interior-Garage, Kitchen&Bath Linoleum Off White BB-B08 Exterior-Garage, Roof Asphalt Shingle Lt. Grey BMW Exterior-Garage, Roof Tar Paper Under Shingles) Black BB-B10 Interior-House, 1st Floor Sheetrock Grey BB-B11 Interior-House,2nd Floor Sheetrock Grey BB-B12 Interior-House,Throughout Plaster Skim Coat White BB-B13 Exterior-House, Roof Asphalt Architechtural Shingles Reddish BB-B14 Exterior-House, Roof Mastic Under Shingles at Roof Eaves Black Highlighted samples indicate asbestos containing material(ACM). Table 2 Friable Asbestos Containine Material Detected Sample# Location Description Color Tvne %Asbestos NO ASBESTOS DETECTED Table 3 NON-Friable Asbestos Containing Material Detected —Sample# Location Descri tion Color T e %Asbestos NO ASBESTOS DETECTED i PHOTOS THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) M / L DATA ,y t ��y` z:, ;, t AF i+S f Vic: _ _. � ,.i y _— t E'��'FII� .� 3 i � i . ,. , k , , ���� _ � r'- 1 1 � i �: . _ -�-_ �� Y�.M �Y/`�- �, �;rc' ;`-''t �����1 �., } � i ,.: ;j � ; ,. , ��;�, r �, 4 _�1 APPENDIX A LABORATORY ANALYSIS EMSL Analytical, Inc. EMSL Order: 131205020 7 Constitution Way,Suite 107,Woburn,MA 01801 CustomerlD: SSEV26 Phone/Fax: (781)933-8411/(781)933-8412 CUStomerPO: cc/190846 bostonlabOemsl.com ProjectlD: Attn: Richard Charpentier Phone: (508)558-2138 South Shore Environmental Fax: P.O. Box 9130 Received: 10/15/12 11:15 AM Fall River, MA 02720 Analysis Date: 10/17/2012 Collected: 10/12/2012 Project: 12-1012.1/Residence;92 S Bay Rd;Osterville,MA Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 and/or EPA 600/M4-82-020 Method(s) using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance % Fibrous % Non-Fibrous % Type BB-601 Interior;Garage; Gray 5% Cellulose 95% Non-fibrous(other) None Detected L.Room- Fibrous 131205020-0001 Sheetrock Heterogeneous BB-1302 Interior;Garage; Gray 5% Cellulose 95% Non-fibrous(other) None Detected Rear Bedroom- Fibrous 131205020-0002 Sheetrock Heterogeneous BB-803 Interior;Garage; White 100% Non-fibrous(other) None Detected L.Room-Plaster Non-Fibrous 131205020-0003 Skim Coat Homogeneous BB-B04 Interior;Garage; White 100% Non-fibrous(other) None Detected Rear Bedroom- Non-Fibrous 131205020-0004 Plaster Skim Coat Homogeneous BB-B05 Interior;Garage- Tan/White 10% Cellulose 90% Non-fibrous(other) None Detected 131205020-0005 Sheetrock Fibrous Heterogeneous BB-1306 Interior;Garage- White 100% Non-fibrous(other) None Detected 131205020-0006 JC/Plaster Skim Non-Fibrous Homogeneous BB-B07 Interior;Garage; White 25% Cellulose 75% Non-fibrous(other) None Detected Kitchen 8 Bath- Fibrous 1312050204W7 Linoleum Heterogeneous BB-608 Exterior;Garage; Black 10% Glass 90% Non-fibrous(other) None Detected Roof-Asphalt Fibrous 131205020-0008 Shingle Homogeneous Analyst(s) Steve Grise(14) Renaldo Drakes,Laboratory Manager or other approved signatory EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported and may not De reproducetl,except in hrll,without written approval by EMSL. EMSL hears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification,approval,or endorsement by NVLAP.NIST or any agency of the federal government. Non-friable organcally bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy precision and uncertainty data available upon request.Unless requested by the client building materials manufactured with multiple layers(i.e.linoleum,wallboard•etc.)are reported as a single sample.Reporting limit is 1% Samples analyzed by EMSL Analytical,Inc.Woburn,MA NVLAP Lab Code 101147-0,CT PH-0315,MA AA000188,RI AAL-107T3 and VT AL357102 Initial report from 10/17/2012 13:36:23 Test Reoort PLM-7.16.0 Printed:10/17/2012 1:36:23 PM 1 EMSL Analytical, Inc. EMSL Order: 131205020 7 Constitution Way,Suite 107,Woburn,MA 01801 CustomerlD: SSEV26 Phone/Fax (781)933-8411/(781)933-8412 CUstomerPO: cc/190846 bostonlabOemsl.com ProjectlD: Attn: Richard Charpentier Phone: (508)558-2138 South Shore Environmental Fax: P.O. Box 9130 Received: 10/15/12 11:15 AM Fall River, MA 02720 Analysis Date: 10/17/2012 Collected: 10/12/2012 Project: 12-1012.1/Residence;92 S Bay Rd;Osterville,MA Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 and/or EPA 600/M4-82-020 Method(s) using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance % Fibrous % Non-Fibrous % Type BB-1309 Exterior;Garage; Black 75% Cellulose 20% Non-fibrous(other) None Detected 131205020-0009 Roof-Tar Paper Fibrous 5% Glass under Shingles Homogeneous 1313-610 Interior;House; Gray/Tan 10% Cellulose 90% Non-fibrous(other) None Detected 1 st Floor- Fibrous 131205020-0010 Sheetrock Heterogeneous BB-B11 Interior;House; Gray/Tan 10% Cellulose 90% Non-fibrous(other) None Detected 2nd Floor- Fibrous 131205020-0011 Sheetrock Heterogeneous BB-612 Interior;House; White 100% Non-fibrous(other) None Detected Throughout- Nor1-Fibrous 131205020-0012 Plaster Skim Coat Homogeneous BB-B13 Exterior;House; Brown/Black 10% Glass 90% Non-fibrous(other) None Detected Roof-Asphalt Fibrous 131205020-0013 Architechtural Heterogeneous Shingles BB-B14 Exterior;House; Black 5% Glass 95% Non-fibrous(other) None Detected Roof-Mastic Non-Fibrous 131205020-0014 under Shingles at Homogeneous Roof Eaves I Analyst(s) Steve Grise(14) Renaldo Drakes,Laboratory Manager or other approved signatory EMSL mainns liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced,except in full,without written approval by EMSL. EMSL bears no responsibilittaiy for sample Collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification,approval,or endorsement by NVLAP,NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimctric reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy,precision and uncertainty data available upon request.Unless requested by the client,building materials manufactured with multiple layers(i.e.linoleum,wallboard,etc.)are reported as a single sample.Reporting limit is 1% Samples analyzed by EMSL Analytical,Inc.Woburn,MA NVLAP Lab Code 101147-0,CT PH-0315,MA AA000188,RI AAL-107T3 and VT AL357102 Initial report from 10/17/2012 13:36:23 Test ReDort PLM-7.16.0 Printed:10/17/2012 1:36:23 PM THIS IS THE LAST PAGE OF THE REPORT 2 APPENDIX B CHAIN OF CUSTODY 131205020 �pllR gNY► '. O` °z ,South Shore Ens ironmentaCServices, LLC Page , of 2 + P.O.Box 9130, Tall River,MA 02720.Phone:SOB S67-S298 Cell:774 313-M3 ASBESTOS BULK SAMPLE CHAIN OF CUSTODY Project Name : Residence Project Address: 92 S Bay Rd. Please E-Mall Results to: Contact: Bruce Besse Osterville, MA richard.SSESQcorncastnet I Inspector: Richard Chamentier Mass.Inspector Lic.8: Al 900210 exp: 8/18/2013 Job 8: 12-1012.1 VURN-AROUND TIME: ❑ RUSH ❑ 24 HOURS X 48 HOURS ❑ 72 Hours ❑ 5 Days Sample Sample Sample Location Sample Description Color Footage Dab Number Amount SF/LF 11011212012 BS-601 Interior-Garage, L. Room Sheetrock Grey BB4302 Interior-Garage, Rear Bedroom Sheetrock Grey 3 88-B03 Interior-Garage,L. Room Plaster Skim Coat _ _ BB-B04 Interior-Garage, Rear Bedroom Plaster Skim Coat White - —88-805 - fntertor= Grey — - BB43M Interior-Garage JC/Plaster skim White BB-807 Interior-Garage, Kitchen 8 Bath Linoleum Off White $ BB4308 Exterior-Garage, Roof Asphalt Shingle Lt. Grey BB-609 Exterior-Garage, Roof Tar Paper(Under Shingles) Black 10 BB-810 Interior-House, 13t Floor Sheetrock Grey 11 BB-B11 Interior-House,2nd Floor Sheetrock Grey BB-812 Interior-House, Throughout Plaster Skim Coat White BB-B13 Exterior-House, Roof Asphalt Architechturel Shingles Reddish BB-514 Exterior-House, Roof Mastic(Under Shingles at Roof Eaves) Black 1�1 Xha_01 —, Relinquished by: No�? tfi Received By: OCT 1 5 2012 Ti Dab: me: pate: S, 1 ASBESTOS SURVEY 34 N. 7th Street Fall River, MA 02720 -- ,s �Py AV ow ' Prepared For: x` . Barnstable Land Design 2 N,2057blde Homesiead Drive `Marston Mills, MA,02648 October 17, 20,1�2' - o Prepared by: SOUTH SHORE ENVIRONMENTAL SERVICES, LLC Richard Chairpentier. Director y�°aE eNk'',y South Shore Environmental Services, LLC �r m P.O.Box 9130,Fall River,MA 02720.Phone:508 567-5298.Cell:508 SS8-2138 o Z m E-Mail:richard.SSES@comcast.net r ASBESTOS INSPECTION y't t Project: Residence/Garage Project Address: 92 S Bay Road Osterville, MA 02648 Inspection Date(s): September 12, 2012 Inspected By: Richard Charpentier, MA Certification No.: Al 900210 Job Number: 12-1012.1 Report Date: October 17, 2012 Report Requested by: Bruce Besse Phone: 508 420-1736 E-mail: tricrabesse@comcast.net PURPOSE The enclosed inspection is to thoroughly inspect the above stated property,where demolition and/or renovations will occur, for the presence of asbestos,including Category I and Category 11 nonfriable ACM in accordance with the EPA National Emission Standards for Hazardous Air Pollutants(NESHAP)Standard for Demolition and Renovation as described in 40 CFR Part 61.145 (a) I INSPECTION PROFILE The residence is a 2 story wood frame structure that is scheduled for demolition. The building has an empty attic space in the eaves and a full basement.No thermal system insulation(TSI)was detected. The garage is a 2 story wood frame structure with a 3-bay garage on the ground floor and a 4 room apartment on the 2"d floor. No thermal system insulation (TSI)was detected. This inspection focused on, but not limited to, the following suspect asbestos containing material (SACM): ✓ Vinyl Flooring and Associated Adhesives(Garage Apt.) ✓ Wall/Ceiling Sheetrock ✓ Joint Compounds ✓ Plaster Skim Coats ✓ Asphaltic Roof Shingles ✓ Moisture Barrier Paper/Tar Paper SAMPLING METHODOLOGY Samples of suspect asbestos containing material (ACBM)were collected in accordance with the EPA NESHAP Standard for Demolition and Renovation as described in 40 CFR Part 61.145, labeled, placed in leak-tight containers and recorded on a`Chain of Custody' (See Appendix A).The Chain of Custody includes the date collected,the location where the sample was taken and the color of the material. The samples were delivered to EMSL Analytical, Inc., in Woburn, MA, for analysis and logged in with the date and time the samples were relinquished by the inspector and received by the laboratory technician. TESTING PROCEDURE All samples were analyzed by Polarized Light Microscopy(PLM) Bulk Asbestos Analysis in accordance with ERA 600/M4-82-020 per CFR 763 (NVLAP# 102079-0). l SAMPLING RESULTS Sampling results are described in two categories: "Friable Asbestos Containing Material"and "Category I and Category II Non-friable Asbestos Containing Material"that is determined to contain equal to or greater than I%asbestos. Samples are identified by the following asbestos types: (1)Thermal System Insulation(TSI)which includes any and all material used for heat/cold control, i.e. pipe insulation, boiler or tank insulation, breech insulation,etc.; (2)Surfacing Material (SFM)which includes any and all sprayed-on or troweled-on material. i.e.,spray-on insulation, textured paint, stucco,joint compounds, mastics,etc.;(3)Miscellaneous Material (MM)which includes vinyl floor tiles,vinyl sheet goods,duct wrap insulation, wallboard,cementitious materials including transite panels, roofing, etc. Sample results are reported by sample number, location,sample description, sample color, type of asbestos and%of asbestos content of the homogeneous material represented by the sample. Fourteen (14)samples were collected and fourteen(14)samples were analyzed by EMSL Laboratory in Woburn, MA. SUMMARY OF ASBESTOS CONTAINING MATERIAL(ACM) NO ASBESTOS WAS DETECTED (SEE TABLES on next pages) A licensed and trained asbestos inspector has made an effort to characterize visible and readily accessible suspect ACBM within the interior/exterior areas of the subject property building using destructive methods. However, no survey can be all encompassing. As such, should construction workers encounter and/or need to disturb product(s)suspected as being ACM,that have not been previously identified or sampled,during any renovation activities in the future,all proper precautions should be taken to ensure these materials are appropriately characterized and handled accordingly. Table 1 Suspect Homogeneous Asbestos Containine Material Collected Sample# Location Description Color 2uantitE BB-B01 Interior-Garage, L. Room Sheetrock Grey BB-B02 Interior-Garage, Rear Bedroom Sheetrock Grey BB-B03 Interior-Garage, L. Room Plaster Skim Coat White BB-B04 Interior-Garage, Rear Bedroom Plaster Skim Coat White BB-B05 Interior-Garage Sheetrock Grey BMW Interior-Garage JC/Plaster skim White BMW Interior-Garage, Kitchen&Bath Linoleum Off White BB-B08 Exterior-Garage, Roof Asphalt Shingle Lt. Grey BMW Exterior-Garage, Roof Tar Paper Under Shingles) Black BB-B10 Interior-House, 1st Floor Sheetrock Grey BB-B11 Interior-House,2nd Floor Sheetrock Grey BB-B12 Interior-House,Throughout Plaster Skim Coat White BB-B13 Exterior-House, Roof Asphalt Architechtural Shingles Reddish BB-B14 Exterior-House, Roof Mastic Under Shingles at Roof Eaves Black Highlighted samples indicate asbestos containing material (ACM). Table 2 Friable Asbestos Containing Material Detected Sample# Location Description Color T %Asbestos NO ASBESTOS DETECTED Table 3 NON-Friable Asbestos Containing Material Detected Sample# Location Description Color Tvve %Asbestos NO ASBESTOS DETECTED PHOTOS t, L� e �- � k :�". dr,stq,+,f. ��� I � ;r..� i �.� ��f f�ti• �t i +F .. �. o ,,: ,,. �, - � .` :,.. ';t. r APPENDIX A LABORATORY ANALYSIS EMSL Analytical, Inc. EMSL Order: 131205020 7 Constitution Way,Suite 107,Woburn,MA 01801 CUstomerlD: SSEV26 Phone/Fax: (781)933-8411/(781)933-8412 CustomerPO: cc/190846 bostonlabO-emsl.com ProjectlD: Attn: Richard Charpentier Phone: (508)558-2138 South Shore Environmental Fax: P.O. Box 9130 Received: 10/15/12 11:15 AM Fall River, MA 02720 Analysis Date: 10/17/2012 Collected: 1 0/1 212 01 2 Project: 12-1012.1/Residence;92 S Bay Rd;Osterville,MA Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 and/or EPA 600/M4-82-020 Method(s) using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance % Fibrous % Non-Fibrous % Tvpe BB-B01 Interior;Garage; Gray 5% Cellulose 95% Non-fibrous(other) None Detected L.Room- Fibrous 131205020-0001 Sheetrock Heterogeneous BB-B02 Interior;Garage; Gray 5% Cellulose 95% Non-fibrous(other) None Detected Rear Bedroom- Fibrous 131205020-0002 Sheetrock Heterogeneous BB-B03 Interior;Garage; White 100% Non-fibrous(other) None Detected L.Room-Plaster Non-Fibrous 131205020-0003 Skim Coat Homogeneous BB-B04 Interior;Garage; White 100% Non-fibrous(other) None Detected Rear Bedroom- Non-Fibrous 131205020-0004 Plaster Skim Coat Homogeneous BB-B05 Interior;Garage- Tan/White 10% Cellulose 90% Non-fibrous(other) None Detected 131205020-0005 Sheetrock Fibrous Heterogeneous BB-B06 Interior;Garage- White 100% Non-fibrous(other) None Detected JC/Plaster Skim Non-Fibrous 131205020-0006 Homogeneous BB-B07 Interior;Garage; White 25% Cellulose 75% Non-fibrous(other) None Detected Kitchen&Bath- Fibrous 131205020-0007 Linoleum Heterogeneous BB-B08 Exterior;Garage; Black 10% Glass 90% Non-fibrous(other) None Detected Roof-Asphalt Fibrous 131205020-0008 Shingle Homogeneous ` Analyst(s) Steve Grise(14) Renaldo Drakes,Laboratory Manager or other approved signatory EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced,except in full,without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification,approval,or endorsement by NVLAP.NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimrsric reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy,precision and uncertainty data available upon request.Unless requested by the client building materials manufactured with multiple layers(i.e.linoleum,wallboard,etc.)are reported as a single sample.Reporting limit is 1% Samples analyzed by EMSL Analytical,Inc.Woburn.MA NVLAP Lab Code 101147-0,CT PH-0315,MA AA000188,RI AAL-107T3 and VT AL357102 Initial report from 10/17/2012 13:36:23 Test Report PLM-7.16.0 Printed:10/17/2012 1:36:23 PM 1 EMSL Analytical, Inc. EMSL Order: 131205020 7 Constitution Way,Suite 107,Woburn,MA 01801 CustomerlD: SSEV26 Phone/Fax (781)933-8411/(781)933-8412 CustomerPO: cc/190846 bostonlabOemsl.com ProjectlD: Attn: Richard Charpentier Phone: (508)558-2138 South Shore Environmental Fax: P.O. Box 9130 Received: 10/15/12 11:15 AM Fall River, MA 02720 Analysis Date: 10/17/2012 Collected: 10/12/2012 Project: 12-1012.1 1 Residence;92 S Bay Rd;Osterville,MA Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 and/or EPA 600/M4-82-020 Method(s) using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance % Fibrous % Non-Fibrous % TvDe BB-B09 Exterior;Garage; Black 75% Cellulose 20% Non-fibrous(other) None Detected 131205020-0009 Roof-Tar Paper Fibrous 5% Glass under Shingles Homogeneous BB-B10 Interior;House; Gray/Tan 10% Cellulose 90% Non-fibrous(other) None Detected 1 st Floor- Fibrous 131205020-0010 Sheetrock Heterogeneous BB-B11 Interior;House; Grayrran 10% Cellulose 90% Non-fibrous(other) None Detected 2nd Floor- Fibrous 131205020-0011 Sheetrock Heterogeneous BB-B12 Interior;House; White 100% Non-fibrous(other) None Detected Throughout- Non-Fibrous 131205020-0012 Plaster Skim Coat Homogeneous BB-1313 Exterior;House; Brown/Black 10% Glass 90% Non-fibrous(other) None Detected Roof-Asphalt Fibrous 131205020-0013 Architechtural Heterogeneous Shingles BB-B14 Exterior;House; Black 5% Glass 95% Non-fibrous(other) None Detected Roof-Mastic Non-Fibrous 131205020-0014 under Shingles at Homogeneous Roof Eaves Analyst(s) i7\�•�` _ Steve Grise(14) Renaldo Drakes,Laboratory Manager or other approved signatory EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced,except in full,without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification,approval,or endorsement by NVLAP,NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetdc reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy,precision and uncertainty data available upon request Unless requested by the client,building materials manufactured with multiple layers(i.e.linoleum,wallboard,etc.)are reported as a single sample.Reporting limit is 1% Samples analyzed by EMSL Analytical,Inc.Wobum,MA NVLAP Lab Code 101147-0,CT PH-0315,MA AA000188,RI AAL-1073 and VT AL357102 Initial report from 10/17/2012 13:36:23 Test Report PLM-7.16.0 Printed:10/17/2012 1:36:23 PM THIS IS THE LAST PAGE OF THE REPORT 2 APPENDIX B CHAIN OF CUSTODY 131205020 l,�ilR tiyy,► �4 South Shore Em ironmentaCSerivices, LLC Page 1 of 2 P.O.Box 9130, Fall River,MA 02720.Phone:S08 S67-S298 Cell:774 313-M3 ASBESTOS BULK SAMPLE CHAIN OF CUSTODY Project Name: Residence Project Address : 92 S Bay Rd. Please E-Mail Results to: Contact: Bruce Besse Osterville, MA richard.SSESecomcastnet Inspector: Richard Charoentier Mass.Inspector Lic.N: Al 900210 exp:8/18/2013 Job 0: 12-1012.1 TURNAROUND TIME: ❑ RUSH ❑ 24 HOURS 48 HOURS ❑ 72 Hours ❑ 5 Daya Same Sample Sample Location Sample Description Color Footage Dab Number Amount SF/LF 1 10/12/2012 BS-801 Interior-Garage, L. Room Sheetrock Grey BB-BM Interior-Garage, Rear Bedroom Sheetrock Grey 3 88-1303 Interior-Garage,L. Room Piaster Skim Coat _ Whits--- -- BB-B04 Interior-Garage, Rear Bedroom Plaster Skim Coat White _Gwage—._ Grey BB43M Interior-Garage X/Plaster skim White BB-B07 Interior-Garage, Kitchen 8 Bath Linoleum Off White $ 8843M Exterior-Garage, Roof Asphalt Shingle Lt. Grey 88-809 Exterior-Garage, Roof Tar Paper(Under Shingles) Black / BB-810 Interior-House, 1 st Floor Sheetrock Grey /1 88-B11 Interior-House,2nd Floor Sheetrock Grey / BB-812 Interior-House, Throughout Plaster Skim Coat White BB-B13 Exterior-House, Root Asphalt Architechtural Shingles Reddish ) 88-814 Exterior-House, Roof Mastic(Under Shingles at Roof Eaves) Buck Relinquished by: �� Received By: O C T 15 2012 Dab: AvkTime: Dab: S, Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:003-5047 WPA Form 5-Order of Conditions eDEP Transaction#:530517 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Gyty/rown:BARNSTABLE G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. BARNSTABLE Conservation Commission Detach on dotted line,have stamped by the Registr1.y of Deeds and submit to the Conservation Commission. To: ..... ..... ..... ........ ................... BARNSTABLE Conservation C&hftiission Please be advised that the Order.of Conditions for-the Project at: 92 SOUTH BAY ROAD 003-5047 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner J OHN/ROBERT MCELHINNEY/SHARKAN SKY and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number _:....__ .. ... _:... .. ._ ... If registered land,the document number identifying this transaction is: Document Number Cio•_ e 1 9 212 r 126 01-16-2Ct13 2=06 BARNSTABLE LAND COURT REGISTRY Signature of Applicant Rev.4nn010 Page 9 of 10*ELECTRONIC COPY BAXTER NYE ENGINEERING&SURVEYING 78 North Street,3'"Floor Hyannis,Massachusetts 02601 �-zd02—O7S-Z;C7) Dor_S1s181s227 12-29-2011 1 :03 Ct f a a 195990 BARNSTABLE LAND COURT REGISTRY QUITCLAIM DEED We,the undersigned,Paul Fireman and Phyllis A.Fireman,husband and wife, as tenants by the entirety,of 14 South Lake Trail, Palm Beach,Florida,33480,in full consideration of the sum of$1.00 paid,hereby GRANT,with QUITCLAIM COVENANTS,to Robert Sharkansky and John E.McElhinney,as Trusts of the 72 South Bay Road Nominee Trust,under Declaration of Trust of even date and record herewith,said Trustees having an address c/o PFP Associates,3801 PGA Boulevard, Suite 910,Palm Beach Gardens,Florida 33410-2757,the following premises: The land shown as Lots 3,4 and 5,with an address of 72 and 92 South Bay Road, Osterville,Barnstable County,Massachusetts,as more particularly shown on a plan labeled"Subdivision Plan of Land in Barnstable,Baxter&Nye,Inc.,Surveyors,"dated December 17, 1986, and registered with the Barnstable Registry District of the Land Court as Plan No. 8730F. For grantors' title, see Certificate of Title No. 119718 at said Registry District. Said land is subject to and has the benefit of the terms of an Agreement by and between Francis W.Parsons et al dated September 15, 1922 duly recorded in Book 388, lz Page 474,so far as now in force and applicable. So much of said Lot 5 as is included within the limits of the roads as shown on said above-referenced Plan No. 873OF is subject to the rights of all persons lawfully o entitled thereto in and over the same and there is appurtenant to said land the right to use -o the way to and from the State Highway from and to said land,said right of way to be used for all purposes for which streets and highways now or hereafter are or may be used. So much of said Lots 3,4 and 5 as is included within the limits of the 20 foot Way shown on the above-referenced Plan No. 8730F is subject to the rights of all persons lawfully entitled thereto in and over the same and there is appurtenant to said lots the right to use the 20 foot way on Lots 5 and 6 and the right to use the way to and from the State Highway from and to said land for all purposes for which streets and highways now or hereafter are or may be used. Said land is subject to any and all public rights legally existing in and over the same below the mean high water mark in West Bay. 1 Said land is conveyed subject to such other matters as may be set forth on Certificate of Title No. 119718,insofar as now in force and applicable. Executed as an instrument under seal as of this of De er,2 11. n P 1 Fireman P-EylliSi& Fireman STATE OF FLORIDA Palm Beach County,ss. On this ,U day of December,2011 before me,the undersigned notary public, personally a eared Paul Fireman,who proved to me through satisfactory evidence of identificatiowhich was personal knowledge,to be the person whose name is signed on the preceding or attached document,and acknow dged to me4Ee signed it voluntarily for its stated purpose. Levv�sL— `'1' W cows 6114Mstol¢ias Nam MREs:Jul128,20 15 ¢«�aaamuNa�yweaevna � No Public My o ission • STATE OF FLORIDA Palm Beach County,ss. On thisgjday of December,2011 before me,the undersigned notary public, personally app ed Phyllis A.Fireman,who proved to me through satisfactory evidence of identification which was personal knowledge,to be the person whose name is signed on the preceding or attached document,and ac 6- ledged to me"hat she signed it voluntarily for ijtp stated urp se. L;t N ' �. /����./� �p� No Public 4 GRIMHIMUIM ppII.I"MW Mro oaorI11 6575 My o ission Uxpres: Jy28.200115RES:}oi1W�Notary ppdk urmiarwy. C 2 BARNSTABLE REGISTRY OF DEEDS SHOPERENOWHARTON ARCHITECTURE 1 1981 TRANSMITTAL T O Bruce Besse-Barnstable Land design DATE 1.16.2013 FROM Arthur Hanlon JOB g 1222 cc PACES SUBJECT 92 South Bay Road,Osterville MA VIA FedEx Building Permit Materials CONTENTS Building Permit Set-13ox42 permit set signed/sealed 511x17 permits set-copies ResCheck certificate Construction cost estimate letter(if needed) REMARKS Bruce- - Items as per our discussion on Wednesday. Please review and call me if you have questions. Please let me know if you require any additional items,clarifications or revisions.I will issue record permit sets to all after the sets have been accepted by the town- 18 MARSHALL STREET, SOUTH NORWALK,.CT o6854 shoperenowhaI-Ion.com T.203.852.7250 SHOPE RENO WHARTON ARCHITECTURE I98I L@ JANUARY 16,2013 Mr.Thomas Perry-Building Commissioner Town of Barnstable Regulatory Services 200 Main Street Hyannis,Massachusetts 026oi Re:92 South Bay Road,Osterville,MA 02655 Estimated Constructiori cost Dear Mr.Perry, I am writing to give my estimate of construction cost for the proposed single family residence at 92 South Bay Road in Osterville,Massachusetts. I estimate a construction cost Of$3,800,000.00 based upon its size and level of detail. I can be reached at(203)852-7250 if you have questions regarding the proposed residence. Sincerely, AA s ARc"No"I �:. 1 L t 311 o NO +!A CT. 2 2V�� �A(rH OF MPSS Jerry.L Hu Partner 18 MARSHALL STREET, SOUTH NORWALK, CT o6854 shoperenotvharton.00M T.203.852.7250 r REScheck Software Version 4.4.4 Compliance Certificate Project Title: Energy Code: 2009 IECC Location: Barnstable, Massachusetts Construction Type: Single Family Project Type: New Construction Conditioned Floor Area: 0 ft2 Glazing Area Percentage: 24% Heating Degree Days: 6137 Climate Zone: 5 Permit Date: Construction Site: Owner/Agent: Designer/Contractor: Compliance: Passes using UA trade-off Compliance: 10.6%Better Than Code Maximum UA: 837 Your UA:748 The%Better or Worse Than Code Index reflects how close to compliance the house is based on code tradeoff rules. It DOES NOT provide an estimate of energy use or cost relative to a minimum-code home. Envelope Assemblies AssemblyGross Cavity Glazing or Door UA Perimeter U-Factor Ceiling 1:Cathedral Ceiling 4,983 42.0 0.0 125 Wall 1:Wood Frame,16"o.c. 4,009 21.0 0.0 174 Window 1:Vinyl Frame:Double Pane with Low-E 872 0.300 262 SHGC:0.54 Door 1:Glass 90 0.300 27 SHGC:0.54 Crawl 1:Solid Concrete or Masonry 1,671 16.0 0.0 63 Wall height:4.0' Depth below grade:3.5' Insulation depth:3.5' Floor 1:All-Wood Joist/Truss:Over Unconditioned Space 3,342 30.0 3.5 97 Compliance Statement: The proposed building design described here is consistent with the building plans,specifications,and other calculations submitted with the permit application.The proposed building has been designed to meet the 2009 IECC requirements in REScheck Version 4.4.4 and to Comply with the mandatory requirements listed in the REScheck Inspection Checklist. Os a - Sin Date Project Title: Report date: 01/15/13 Data filename: W:\1222-Rogers\Regulatory\Rogers Rescheck 2009 IECC.rck Page 1 of 7 REScheck Software Version 4.4.4 Inspection Checklist Requirements: 0.0% were addressed directly in the REScheck software Text in the"Comments/Assumptions"column is provided by the user in the REScheck Requirements screen. For each requirement,the user certifies that a code requirement will be met and how that is documented,or that an exception is being claimed.Where compliance is itemized in a separate table,a reference to that table is provided. 2009 IECC Pre-Inspection/Plan Review Plans Verified Field Verified Complies? Comments/Assumptions Value Value 103.2 ;Construction drawings and ❑Complies [PR1]1 !documentation demonstrate energy []Does Not Comply code compliance for the building envelope. ❑Not Observable ❑Not Applicable 103.2, ;Construction drawings and ❑Complies 403.7� !code demonstrate energy []Does Not Comply: [PR3] ,code compliance for lighting and (p3 ;mechanical systems.Systems serving []Not Observable ;multiple dwelling units must ❑Not Applicable I demonstrate compliance with the commercial code. 403.E Heating and cooling equipment is Heating: Heating: ;❑Complies [PR2]2 sized per ACCA Manual S based on Btu/hr Btu/hr :❑Does Not Comply I loads per ACCA Manual J or other ; Cooling: Cooling: ❑Not Observable approved methods. Btu/hr Btu/hr ;❑Not Applicable Additional Comments/Assumptions: 1 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: Report date: 01/15/13 Data filename: W:\1222-Rogers\Regulatory\Rogers Rescheck 2009 IECC.rck Page 2 of 7 20091ECC Foundation Inspection Plans Verified Field Verified Complies? Comments/Assumptions Value Value 402.2.9 ;Unvented crawl space wall insulation ; R- ; R- ;❑Complies ;See the Fnvelooe Assemblies table for [F07]' R-value. R- ; R- ;❑Does Not Comply:values. (0) i ; ;❑Not Observable ; ❑Not Applicable 303.2 ;Unvented crawl space wall insulation " ❑Complies ; [FO8]' installed per manufacturer's ❑Does Not Comply. ;instructions. []Not Observable ; ❑Not Applicable j 402.2.9 Unvented crawl space continuous ❑Complies [F09]' vapor retarder installed over exposed ❑Does Not Comply earth,joints overlapped by 6 in.and ❑Not Observable ' sealed,extending at least 6 in.up and -]Not Applicable attached to the wall. 402.2.9 'Unvented crawl space wall insulation ; in. ; in. ;❑Complies ;See the Envelope Assemblies table for [F010]' depth of burial or distance from top of :❑Does Not Comply:values. E:wall. ; ;❑Not Observable ; ❑Not Applicable 303.2.1 A protective covering is installed to JE]Complies [F011]2 protect exposed exterior insulation ❑Does Not Comply U and extends a minimum of 6 in.below ❑Not Observable ' grade. []Not Applicable 403.8 Snow-and ice melting system ❑Complies [FO12]2 controls installed. ❑Does Not Comply --[ 8j ❑Not Observable s 1E]Not Applicable Additional Comments/Assumptions: 1 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: Report date: 01/15/13 Data filename: W:\1222-Rogers\Regulatory\Rogers Rescheck 2009 IECC.rck Page 3 of 7 i 2009 IECC Framing/Rough-In Inspection Plans Verified Field Verified Complies? Comments/Assumptions Value Value 402.1.1, :Glazing U-factor(area-weighted ; U- ; U- ;❑Complies ;See the Envelope Assemblies table for 402.3.1, :average). :❑Does Not Comply:values. 402.3.3, 402.5 ; :[:]Not Observable ' :[:]Not Applicable [FR2]1 303.1.3 ;U-factors of fenestration products are ❑Complies ; [FR4]1 :determined in accordance with the ❑Does Not Comply: (a ;NFRC test procedure or taken from [-]Not Observable ; :the default table. [-]Not Applicable 402.3.5 Sunrooms enclosing conditioned U- U- ;❑Complies [FR8]1 space have a maximum fenestration :❑Does Not Comply: U-factor of 0.50 in Climate Zones 4-8. ❑Not Observable ;New glazing separating the sunroom ; : ;❑Not Applicable j from conditioned space must meet ;code requirements. 402.3.5 Sunrooms enclosing conditioned ; U- U- ;❑Complies [FR9]1 space have a maximum skylight U- :❑Does Not Comply factor of 0.75 in Climate Zones 4-8. ;❑Not Observable ; :❑Not Applicable 402.4.4 i Fenestration that is not site built is ❑Complies [FR20]1 listed and labeled as meeting []Does Not Comply: U ,AAMA/WDMA/CSA 101/I.S.2/A440 or ❑Not Observable has infiltration rates per NFRC 400 :that do not exceed code limits. ❑Not Applicable 402.4.5 IC-rated recessed lighting fixtures ❑Complies [FR16]2 sealed at housing/interior finish and ❑Does Not Comply lAJ labeled to indicate 2.0 cfm leakage at 75 Pa ❑Not Observable ❑Not Applicable 403.2.1 ;Supply ducts in attics are insulated to R- ; R- ;❑Complies [FR12]1 'R-8.All other ducts in unconditioned R- R- :❑Does Not Comply spaces or outside the building ;❑Not Observable ; ;envelope are insulated to R-6. ; : :❑Not Applicable 403.2.2 ;All joints and seams of air ducts,air ❑Complies [FR13]1 :handlers,filter boxes,and building ❑Does Not Comply: 0 :cavities used as return ducts are ❑Not Observable sealed. ❑Not Applicable 403.2.3 Building cavities are not used for []Complies [FR15]3 supply ducts. ❑Does Not Comply: ej a []Not Observable ; 1[]Not Applicable 403.3 HVAC piping conveying fluids above R- ; R- ;❑Complies [FR17]2 105°F or chilled fluids below 55 OF :❑Does Not Comply are insulated to R-3. U :❑Not Observable ' :❑Not Applicable 403.4 Circulating service hot water pipes are; R- ; R- ;❑Complies [FR18]2 insulated to R-2. : : :❑Does Not Comply: ;❑Not Observable ; ❑Not Applicable 403.5 Automatic or gravity dampers are ❑Complies [FR19]z installed on all outdoor air intakes and ❑Does Not Comply u exhausts. ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 1 I High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 1 Low Impact(Tier 3) Project Title: Report date: 01/15/13 Data filename: W:\1222-Rogers\Regulatory\Rogers Rescheck 2009 IECC.rck Page 4 of 7 Plans Verified Field Verified 2009 IECC Insulation Inspection Value Value Complies?. Comments/Assumptions 303.1 lies l[IN13]z nstallediR valuesed t p provided ion is labeled or the []Does Not Comply U ❑Not Observable []Not Applicable 402.1.1, ;Floor insulation R-value. ; R- ; R- ;❑Complies ;See the Erne Assemblies table for 402.2.5, ;❑ Wood ;❑ Wood ❑Does Not Comply:values. 402.2.6 ; ❑ Steel ❑ Steel :❑Not Observable [IN1]' ;❑Not Applicable r 303.2, ;Floor insulation installed per ❑Complies ; 402.2.6 :manufacturer's instructions,and in El Not Comply [IN2]1 I substantial contact with the underside ❑Not Observable ' G 'of the subfloor. [-)Not Applicable 402.1.1, ;Wall insulation R-value.If this is a ; R- ; R- ;❑Complies ;See the Envelope Assemblies table for 402.2.4, :mass wall with at least%of the wall ❑ Wood ;❑ Wood :❑Does Not Comply:values. 402.2.5 ;insulation on the wall exterior,the ❑ Mass ❑ Mass :❑Not Observable [IN3]' ;exterior insulation requirement ;❑ Steel ❑ Steel ;❑Not Applicable ICU) i applies. 303.2 ;Wall insulation is installed per i ❑Complies [IN4]' .manufacturer's instructions. ❑Does Not Comply: I []Not Observable ' I ❑Not Applicable 402.2.11 ;Sunroom wall insulation has a ; R- ; R- ;❑Complies [IN8]' i minimum R-value of R-13.New walls :❑Does Not Comply separating the sunroom from ;❑Not Observable conditioned space must meet code ❑Not Applicable I requirements. 303.2 ;Sunroom wall insulation installed per ❑Complies [IN9]' i manufacturer's Instructions. []Does Not Comply ® ❑Not Observable 1E]Not Applicable 402.2.11 ;Sunroom ceiling minimum insulation R- R- ;❑Complies [IN10]' R-value of R-19 in Climate Zones 1-4, ❑Does Not Comply ;and R-24 in Climate Zones 5-8. ;❑Not Observable ' i :❑Not Applicable 303.2 I Sunroom ceiling insulation is installed ❑Complies ; [IN11]' :per manufacturer's instructions. ❑Does Not Comply ' ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 1 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: Report date: 01/15/13 .. Data filename: W:\1222-Rogers\Regulatory\Rogers Rescheck 2009 IECC.rck Page 5 of 7 r 2009 IECC Final Inspection Provisions Plans Verified Field Verified Complies? Comments/Assumptions Value Value 402.1.1, :Ceiling insulation R-value.Where>R-; R- ; R- ;❑Complies ;See the Envelope assemblies table for 402.2.1, 130 is required,R-30 can be used if 1❑ Wood ❑ Wood []Does Not Comply:values. 402.2.2 insulation is not compressed at eaves.:❑ Steel ❑ Steel ❑Not Observable ' [FI1]' R-30 may be used for 500 ft2 or 20% :❑Not Applicable (whichever is less)where sufficient ; space is not available. 303.1.1.1, ;Ceiling insulation installed per ❑Complies 303.2 :manufacturer's instructions.Blown ❑Does Not Comply [F12]' ;insulation marked every 300 ft2. []Not Observable ❑Not Applicable 402.2.3 i Attic access hatch and door insulation; R- R- ;❑Complies [F13]' R-value of the adjacent assembly. :❑Does Not Comply c '❑Not Observable ❑Not Applicable 402.4.2, Building envelope tightness verified ACH 50= ACH 50= ;❑Complies 402.4.2.1 by blower door test result of<7 ACH ; :❑Does Not Comply [F]17]' ;at 50 Pa.This requirement may ❑Not Observable instead be met via visual inspection, :❑Not Applicable in which case verification may need to :occur during Insulation Inspection. 402.4.3 Wood-burning fireplaces have ❑Complies [FI8]2 gasketed doors and outdoor ❑Does Not Comply J combustion air. ❑Not Observable ❑Not Applicable 403.2.2 Post construction duct tightness test cfm cfm ;❑Complies [F14]' ;result of 8 cfm to outdoors,or 12 cfm :❑Does Not Comply across systems.Or,rough-in test ❑Not Observable ' result of 6 cfm across systems or 4 ;❑Not Applicable cfm without air handler.Rough-in test verification may need to occur during Framing Inspection. 403.1.1 Programmable thermostats installed ❑Complies [Fl9]2 on forced air furnaces. []Does Not Comply U ❑Not Observable I El Not Applicable 403.1.2 Heat pump thermostat installed on ❑Complies [F110]z heat pumps. ❑Does Not Comply 116 ❑Not Observable []Not Applicable ; 403.4 Circulating service hot water systems ❑Complies [F111]z have automatic or accessible manual ❑Does Not Comply: controls. ❑Not Observable []Not Applicable 403.9.1 'Readily accessible switch on heaters ❑Complies [FI12]3 I for swimming pools. ❑Does Not Comply ❑Not Observable ❑Not Applicable 403.9.2 ',Timer switches on pool heaters and ❑Complies [F119]3 pumps are present. ❑Does Not Comply g� ❑Not Observable ; El Not Applicable 403.9.3 ;Heated swimming pools have a cover. ❑Complies [F120]3 iCovers on pools heated over 90 OF ❑Does Not Comply: CBI fare insulated to R-12. ❑Not Observable q 1E]Not Applicable 404.1 ;50%of lamps in permanent fixtures ❑Complies [F16]' :are high efficacy lamps. ❑Does Not Comply: i ❑Not Observable ' ' 1E1Not Applicable 11 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 1 Low Impact(Tier 3) Project Title: Report date: 01/15/13 Data filename: W:\1222-Rogers\Regulatory\Rogers Rescheck 2009 IECC.rck Page 6 of 7 l r 2009 IECC Final Inspection Provisions Plans Verified Field Verified Complies? Comments/Assumptions . Value Value 401.3 Compliance certificate posted. ❑Complies [FI7]2 ❑Does Not Comply v ❑Not Observable []Not Applicable 303.3 Manufacturer manuals for mechanical ❑complies [Flla]3 and water heating equipment have IE]Does Not Comply U been provided. ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 1 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: Report date: 01/15/13 Data filename: W:\1222-Rogers\Regulatory\Rogers Rescheck 2009 IECC.rck Page 7 of 7 I 2009 IECC Energy Efficiency Certificate Insulation Rating R-Value Wall 21.00 Floor 33.50 Ceiling/Roof 42.00 Ductwork(unconditioned spaces): Glass& Door Rating U-Factor SHGC Window 0.30 0.54 Door 0.30 0.54 CoolingHeating& Heating System: Cooling System: Water Heater: Name: Date: Comments: Dar: 1 7 202:446 09-27-2012 1 :52 •ARNSTAC LE LAND COURT REGISTRY c" Fj; c Town of Barnstable '12 JUL11 IVi1 :20 Zoning Board of Appeals Decision and Notice Appeal No.2012-036—72 South Bay Road Nominee Trust Variance to Section 240-36 (D) - Minimum lot Area Requirements and Section 240-13(E) —Side Yard Setback Requirements To reconfigure three contiguous lots into two buildable lots Summary: Granted with Conditions Petitioner. Robert Sharkansky&John McElhinney,Trustees, 72 South Bay Nominee Trust c/o PFP Associates,Ste.905, 1601 Forum PI,W Palm Beach,FL,33401 Subject Property. 72&92 South Bay Road,Osterville Assessor's Map/Parcel: 093/042/003 and 093/042/001 Zoning: Residence F-1 District, Resource Protection Overlay District Hearing Date: June 27,2012 Recording Information: Deed:Certificate 195990 Land Court Plan:8730-F (Lots 3,4,5) Background & Relief Requested In Appeal 2012-036, Robert Sharkansky&John McElhinney, as Trustees of the 72 South Bay Nominee Trust sought a variance from Section 240-36(D) Resource Protection Overlay District and the side yard setback requirements of the RF-1 District. The subject properties were comprised of two assessed parcels and three ownership lots located at 72 and 92 South Bay Road in Osterville. Each ownership lot contained approximately one acre of upland area, as shown on a 1986 ANR Plan. The subject properties were purchased by Paul and Phyllis Fireman in 1990, along with several other properties on South Bay Rd, and were transferred to the 72 South Bay Road Nominee Trust in 2011. q t The parcel at 92 South Bay Rd was developed with a 1.5-story, 5,947 sq.ft, four-bedroom, Wglez4; family dwelling. There was also a detached 24 foot by 40 foot accessory garage; accordingsto then Assessor's record, the building contained one bedroom and a half bathroom on the;;;ypper stgry. On the same parcel, a 192 foot dock extended into West Bay. Development of the.parcel first dated to 1950. The principal dwelling was built over the lot line of the two ownership:•lots underlying the 92 South Bay parcel. The parcel addressed 72 South Bay Road was;vacant: With.this appeal, the Applicants sought relief from the two-acre minimum lot area requirement of{ the Resource Protection Overlay District to reconfigure the three one-acre ownershiollots irw tWI6,1- buildable lots: • 'Lot A'was proposed to contain a total of 1.96 acres, of which 1.65 acres is upland. This lot would contain the existing dwelling. • 'Lot B'was proposed to contain a total of 1.77 acres, of which 1.47 acres is upland. The resulting proposed lot would be a vacant, buildable lot. Further, the Applicants sought relief from the minimum 15 foot side yard setback requirement of the RF-1 District (Section 240-13E) to accommodate the location of an existing pier. Town of Barnstable Zoning Board of Appeals—Decision.and Notice Variance No.2012-036—72 South Bay Road Nominee Trust Procedural & Hearing Summary Variance No. 2012-036 for relief from the minimum setback requirements of the Residence F-1 District Protection Overlay District e Resource and the side yardppeals on was filed at the Town.Clerk's Office and at the Off e of the woning gs duly adoarvertised and notice ay 29 sent�to 2012. A public hearing before the Zoning Board o pp all abutters in.accordance with MGL Chapter 40A. The hearing was oned on June 27,to co d t ons Board Members'de rig 2 at which time the Board found to grant the variances subject this appeal were Board Chair Laura F. Shufelt, Craig G. Larson, Alex M. Rodolakis, Brian Florence, and George T. Zevitas. Attorney Eliza Cox of Nutter, McClennen and Fish represented the Applicants before the Board.rovisions Attorney Cox explained that the three.lots ew oposal to combine the threedable under the lng lots into two of the Barnstable Zoning Ordinance. S presented a p he dock was placed on the lot with the house so more conforming buildable lots. She stat h me at t Cox rev ewed the lots' development constraints, Attorney that it did not present a zoning violation. Y including wetlands and FEMA flood zones. In response toquestions who ha interest in mey Cox clarified that the lots were being divided between two family constructing two new homes on the land. She indicated the pier was to be shared between the property owners. ation Public comment was requested. Jim Kinsella of the Register newspaper re quesiecant hadcth three regarding the number of buildable lots Ruth Weil, changed that aoard ll previous matter that the s that were before buildable lots. The Town Attorney, the Board.in 2004 and 2008 had been resolved. Findings of Fact At the hearing of June 27, 2012, the Board unanimously adthe lotfollowing equdings o sfof the ct for Appeal No..2012-035, a request for a variance from minimum Resource Protection Overlay District and minimum setback requirements of the RF-i Districter o to encroach lawfully create two lots with 1.65 and 1.47 acres of upland and to allow an existing p into a required 15 foot side yard setback area: 1. The Applicants Robert Sharkansky & J Elhinney, as 240-36(D) Resouece Protection Over of the 72 Sout ayy Nominee Trust sought a variance from Section District. The Applicants sought relief from the two-acre minimum lot area requirement of the Resource Protection Overlay District to reconfigure the three one-acre ownership lots into two buildable lots with 1.65 acres and 1.47 acres of upland;respectively. 2. Further relief is requested from the 15 fotheside e uaed 15 foot side yard setback areard setback requirement in the . District to allow an existing pier to encroach into qMA as shown on 3: The subject properties are located at 72 and 92 South Bay Road, Osterville, d 042-001. They are in the RF-1 and Resource Assessor's Map 093 as Parcels.042-003 an Protection Overlay District. of the subject land 4. There are circumstances related soil tions, shape, and topography or structures but not affecting g generally the and structures, especially 9such land zoning district in which they are located. The lots are impacted by wetlands and FEMA flood zones.and the pier presently exists on the property. 5. A literal enforcement of the provisions of the zoning The wetlands and flood zones constrain the hardship, financial or otherwise to the petitioner. page 2 of 4 I i Town of Barnstable Zoning Board of Appeals—Decision and N oticc Variance No.2012-036—72 South Bay Road Nominee Trust buildable area of the lots. Further, the pier.must:be located on the same lot as the principal dwelling to avoid a zoning"violation. 6. *The desirable relief may be granted-without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. The proposal reduces the number of houses that may be built, results in lots.that will be more area and more conforming,to,the current lot-size equitable in size with those in the surrounding requirement. The vote to accept the.findings was: AYE: Laura F. Shufelt, Craig G.Larson, Alex M. Rodolakis, Brian Florence, George.T.:Zevitas NAY: None Decision Based on the findings of fact, a motion was duly made.and seconded to grant Appeal No. 2012- 036, avariance from the minimum lot area requirements of Section,240-36(D) and the,side yard setback requirements of Section 240-13(E) and subject to the following conditions: 1. A variance is granted from,the minimum lot area requirements oft h'ee R tel urc a acoteof upland Overlay District to allow the reconfiguration of'three lots with.app Y res of contiguous upland, respectively, as shown each into two lots with 1.65 acres and 1.47 ac on a plan entitled °72 and,92 South Bay Road—prepared for Paul & Phyllis Fireman", dated May 23, 2012, drawn and stamped by Baxter Nye.Engineering & Surveying. 2. This variance shall,also allow a pier to be located no closer than five feet from the lot line of 'Lot'A', as shown on the,plan referenced in Condition 1. ce 3. An Approval Not Required.(ANR) plan shall be prepared the ld notat on that the anreferen din Condition No. 1. The plan shall incorporate a,reference to this variance an lots are subject to compliance with all conditions of the variance.. 4. The Approval Not Required-(ANR) plan shall be.submitted to the Planning Board for endorsement and thereafter recorded at the Registry of Deeds along with the recording of this and this decision shall be submitted to the Zoning variance. Copies of the recorded ANR plan Board of Appeal's file for this variance to be in effect. 5. There'shall be no further division of the lots. 6. Any new development and/or redevelopment'shall comply with the bedroom limitations of Title V and local Board of Health regulations without variance. 7. Construction of new non-water-dependent structures and on-site wastewater treatment systems shall be prohibited within a FEMA designated Velocity Zone. S. If the variance and'Approval Not Required (ANR) plan have not been recorded at the Bamstable County Registry of Deeds within one year from the date of issue of this variance, this variance shall expire,unless extended. The vote was: Larson, Alex M. Rodolakis, Brian Florence; George T. Zevitas AYE: Laura F. Shufelt, Craig G. NAY: None r Page 3 of 4 F Town of Barnstable Zoning'Board of Appeals-Dedsion and Notice Variance No.2012-036—72-Soutli Bay Road Nominee Trust Ordered Appeal No. 2012-036 for a:vadance to Section,240-wM(D)to lawfully create two lots with 1.65 and 1.47 acres of upland:at 72 and'`92;South;Bay Road, Osterville,and to allow an existing pier to be located within the,required side,yard setback.area';has been granted subject to conditions. This decision must,be recorded'at the Barnstable Registry of Deeds for it to be.in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision-must'be>exercised within one year unless extended. Appeals of this decision, if any, shall be made-pursuant to<MGL.Chapter,40A;,Section 17,within twenty (20) days after the date of the filing.of this decision, a copy of which must'be:filed in the office of the Barnstable Town Clerk. Laura,F. Shufelt, Chit Date Signed` t I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty'(20)days have elapsed since'the Zoning Board of Appeals fled this decision and that no appeal of the.decision.has been d1n,the office of the Town Clerk. Signed and sealed this d 'o nder the pains and penalties of perjury. r A Linda Hutchenrider, Town Clerk ; Page 4 of 4 r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel D W Application #� Health Division Date Issued 1 Conservation Division Application PdV JS Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH Preservation / Hyannis Project-Street Address— U -StligzA a.f!z Rgef"" Vc�illage Ow er� Qj Address V`I Telep one'' on Permit Request rwlry\ chn olI n 6 nP.C. M. �A 1 L( g' b1 6 1 v _JLQg �k rto a 4-MA Ce I !�l Square feet: 1 st floor:ON, proposed d floor: existing propose Total new Zoning District Flood Plain Groundwater Overlay '+ ,. exVA(u�on_ Construction Type � � o Lot Size Grandfathered: ❑Yes ❑ No If yes, attach s Npporting-aocu!rB%ntation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) �9 Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑des ❑ No Basement Type: ❑ Full ❑ Crawl ❑ Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review # "Current Use—`""" y - Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) <'Name °�5� 3 ��•%9 l�r�..+uS Telephone-Number q'?- :a�3 6019 :Address�S�3 /J�G354t.1+ySGtf.3 � +�- License # 70 1�4GoLe,r., MA D17 a.o Home Improvement Contractor# 63 cWorker's--Comp nsae tion-#-)<WO'9-33'2,;LTG(o'.'►-63 ALL CONSTRUCTION-DEBRIS-RESULTING-FROM'THIS-PROJECT WILL BETAKEN=T_O_---�, cSIGNATURE _ DA E � FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE k OWNER DATE OF INSPECTION: k�rEOUNDATION:_ r FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH •"'FINAL +� r' PLUMBING: ROUGH FINAL it < GAS: ROUGH FINAL , FINAL BUILDING DATE CLOSED.OUT W ASSOCIATION PLAN NO. `r . i Town of Barnstable Regulatory Services Thomas F.Geiler,Director E1659. 0� Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6236 NOTICE TO THE BUILDING DIVISION OF LICENSED CONSTRUCTION SUPERVISOR ASSUMPTION OF RESPONSIBILITY I, Ury 2tac:lr7 C[ Construction Supervisor License #G5 (b, hereby certify that I have assumed responsibility for the project under construction, as authorized by building permit# ?6/ yy/, issued to (property address).Sz2 'S60 �j 6 y i�o.5►-i1 Os-�c�✓i���� on 1 , 20&J3. The following documents are attached: copy of my Massachusetts State Construction Supervisor's license, or Homeowner's License Exemption form (if applicable) copy of my Home Improvement Contractor registration (if applicable) Commonwealth of Massachusetts Workers' Compensation Insurance Affidavit. Road Bond (if applicable) 21� L1C S OLDER DATE q/forms/newcontrb rev:080102 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations I Congress Street, Suite 100 fi Boston,MA 02114-2017 www mass.gov/dia Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information /� � Please Print Legibly Name (Business/Organization/Individual): 1111 C� '� Y mS 0 ratio n Address: J� 3 MA�SSOIC�tI�SQ t}S n Lkz I'`1 (kt City/State/Zip: Am In m ft on LO Phone#: 611 le5 4�11Z U 3" e� Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. [ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. �New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g. ❑Demolition working for me in any capacity. employees and have workers' [No workers' comp. insurance comp. insurance.t 9. ❑Building addition required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.] t c. 152, §1(4),and we have no 13.❑Other employees. [No workers' comp. insurance required.] 'Any applicant that checks box#] must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. 'Contractors(bat check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. ` ` Insurance Company Name: � Q U�.I e Y S l nS(ArG Yl C e Policy#or Self-ins. Lie. #: p2 T laaQ (Q —a.— 13 Expiration Date: I Job Site Address: Sa� �U� �C: City/State/Zip:pS}Q.ry111Q I M14 6dVi55 Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to S 1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to S250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under thepains andpenalties ofperjury that the information provided above is true and correct. Si ature: Date: 7.2 3 Q n Phone#: Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: i ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 07/24/2013 PRODUCER (978) 369-5656 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NorthBridge Ins. Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1150 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord MA 01742- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Travelers Indemnity Thoughtforms Corporation INSURERS: 543 Massachusetts Avenue wsURERC: INSURER D: Acton MA 01720— INSURERE: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER DATE(EFFECTIVE UDD/YY) PDATE(MMCY MfD�TION LIMITS LTR INS GENERAL LIABILITY / / / EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence S CLAIMS MADE OCCUR / / / / MED EXP(An one person) S PERSONAL&ADV INJURY S / / / / GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG S POLICY JECT r LOC AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT ANY AUTO (Ea accident) S ALL OWNED AUTOS / / / BODILY INJURY SCHEDULED AUTOS (Per Perms) S HIREDAUTOS / / BODILY INJURY NON-OWNEDAUTOS (Per accident) S PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / / OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY / / / EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE / / / / S RETENTION $ S A WORKERS COMPENSATION AND XNUB-3372T66-2-13 01/01/2013 01/01/2014 X TORYLIMIU- ER EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEfl$ 500,000 It yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 5 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Town of Os tervi l le FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. — AUTHORIZED REPRESENTATIVE "-gam` ACORD 25(20D1/08) ©ACORD CORPORATION 1988 INS025(oioa)m Page t of ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 07/24/2013 PRODUCER (978) 369-5656 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NorthBridge Ins. Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT. AMEND, EXTEND OR 1150 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord MA 01742- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Travelers Indemnity Thoughtforms Corporation INSURERB: 543 Massachusetts Avenue INSURERC: INSURER D: Acton MA 01720- 1 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MWODIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence S CLAIMS MADE OCCUR / / / MED EXP An one person) $ PERSONAL&ADV INJURY S / GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY JE<° LOC AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT ANY AUTO (Ea accident) S ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) S HIREDAUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO / / OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE / / S RETENTION $ S A WORKERS COMPENSATION AND XNUB-3372T66-2-13 01/01/2013 01/01/2014 X WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L EACH ACCIDENT S 500,000 OFFICERIMEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE S 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY UMIT S 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE _ EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Town of Barnstable FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. — AUTHORIZED REPRESENTATIVE ACORD 25(2001108) ©ACORD CORPORATION 1988 INS025(0108).06 Page 1 of 2 Th ught • rms Corporation U I L D E R S July 25, 2013 To Whom It May Concern, Please accept this letter as formal notification that Gregory Francis is an active employee of Thoughtforms Corporation and has been employed with the company since January 23,2012. If you need any additional information please contact our office at(978)263-6019. Thank you. .Sincerely, Charles Barry Vice President Thoughtforms Corporation 543 Massachusetts Avenue Acton, MA 01720 I Th ught • rms Corporation U I L D E R S July 25, 2013 To Whom It May Concern, Attached please find a list of our current subcontractors for the project at 92 South Bay Road,Osterville, MA 02655. We have also provided copies of their worker's compensation insurance policies. Please contact our office at(978)263-6019 if you have any questions or need additional information. AC Stone Masonry -Burke's Excavating Crimson King Construction Corporation Green Stamp Corporation Maverick Integration Corporation No. 1 Foundations Pride Flooring R&S Lafleur, LLC South Shore Heating&Cooling Sincerely, Charles Bar Vice President Thoughtforms Corporation 543 Massachusetts Avenue Acton,MA 01720 I ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) O1/23/2013 PRODUCER (978) 369-5656 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NorthBridge Ins. Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1150 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord MA 01742- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:The Hanover Thoughtforms Corporation INSURER B:Everest National Ins. Co. 543 Massachusetts Avenue INSURERc:The Travelers Indemnit INSURER D: Acton MA 01720- INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY DATE(MM/DDfYY) LIMITS GENERAL LIABILITY ZDN 8925790 01 11/10/2012 11/10/2013 EACHOCCURRENCE $ 1,000,000 DAMAGE TO RENTED IXDED.$5000 MMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 500,000 ACLAIMS MADE a OCCUR / / / / MED EXP(Any one person) $ 10,000 PER OCC. _ PERSONAL&ADV INJURY $ 1,000,000 X ADD'L INSRD BY CONTR ACT,AGREEMENT OR PERMIT / / / / GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JECOT LOC / / / / EBLIA 1,000,000 AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) A X ALL OWNED AUTOS ADN 8894464 01 11/10/2012 11/10/2013 BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIREDAUTOS / / / / BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTOONLY: AGG $ B EXCESS/UMBRELLALIABILITY SISCRCLO1640612 11/10/2012 11/10/2013 EACH OCCURRENCE $ 10,000,000 X1 OCCUR CLAIMS MADE AGGREGATE $ 10,000,000 DEDUCTIBLE / / / / $ RETENTION $ $ C WORKERS COMPENSATION AND XKUB-3372T66-2-13 01/01/2013 01/01/2014 k WCSTTORY LIMIT R S E ER EMPLOYERS'LIABILITY MIT ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? / / / / E.L.DISEASE-EA EMPLOYEE$ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. - AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) Y©ACORD CORPORATION 1988 NS025(of m)m Page 1 of 2 ,4co CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYIYY) 7/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Hichael Bonacorso NAME: Bonacorso Insurance Agency, Inc. PHONE (781)273-3200 1 FAX o (7e1)273-0600 a 83 Cambridge Street EMAIL ,mike@bonacorsoins.com ODRE P.O. BOX 1502 INSURE S AFFORDING COVERAGE NAIC 0 Burlington MA 01803 INSURERA:Utica National Insurance Co 0048 INSURED INSURER 8: Andrew Clarke dba A C Stone Masonry {� INSURERC: 597 Webster Street: J t� INSURER D: lJ INSURER E: Hanover MA 02339 INSURERF: COVERAGES CERTIFICATE NUMBER:13 / 14 MASTER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IITR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MPM/UDY EFF POUCYEXP EXP ffYrn LIMITS GENERAL LIABILITY EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) E CLAIMS-MADE 7OCCUR MED EXP(Any one person) E PERSONAL&ADVINJURY E GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E POLICY PRO IFCT LOC E AUTOMOBILE LIABILITY EOMBBIINEED dent,SINGLE LIMB E ANY AUTO BODILY INJURY(Per person) E ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Peracddenl E NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Peraccident E S UMBRELLA UAB OCCUR EACH OCCURRENCE E EXCESS LIAR CLAIMS-MADE AGGREGATE E DED I I RETENTIONS E A WORKERS COMPENSATION WC STATU. X OTH. AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � NIA E.L.EACH ACCIDENT E $00000 (Mandatory in NH) 498560 /15/2013 /15/2014 E.L.DISEASE-EA EMPLOYE E '500 000 U yes, IPTION OF OPERATIONS below iNe under D ESC RIPTI E.L.DISEASE-POLICY LIMIT E 500,000 DESCRIPTION OF OPERATIONS)LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Evidence Of Insurance. CERTIFICATE HOLDER CANCELLATION (978)635-9503 Debbie@ thoughtforms-corp.c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Thoughtforms Corp. ACCORDANCE WITH THE POLICY PROVISIONS. 543 North Ave Acton, MA 01720 AUTHORIZED REPRESENTATIVE M Bonacorso/MARC ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 mmnnsi nr The Gr 1Rn nnma nnri Innn mrn rnrictnrnrl mnrlrc of Art ipn M ay. 14, 2013 11 :45AM Insurance Agency of Cape Cod No. 1214 P. 1 A4C U� E pee�412 mDurYYr) CERTIFICATE OF LIABILITY INSUR DAT ANCE sA E("woi3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an.ADDITIONAL INSURED,the pollcy(Mis)must be endorsed. If SUBROGATION IS WAIVED,Subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the cettlflcdte holder in Ileu of such endorsement(s). PRODUCER CONTACT EllYaia MOZA19 The Insurance Agency of Cape Cod PHONE (508)888-2766 4130 Rte 6A iL (503)833-0909 P 0 Box 960 INSURER$ AFFORDING COVERAGE NAIC 9 E Sandwich HA 02537 INSURER A:Technology Insurance CO. INSURED INSURER 8 Walter L Burke �J� ` INSURERc: 43 Jarvee Street INSURERD: INSURER E: Sandwich MA 02563 INSURERF: COVERAGES CERTIFICATE NUMBER-WC only 12-13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTTRR TYPE OF INSURANCE DDL POUCYRUMBER POLICY E F MOMIUDD EXP LIMITS OENERALL1ANUTY EACH OCCURRENCE 6 COMMERCIAL GENERAL LIABILITY 1 $ CLAIM344AOE 0 OCCUR VIED EXP(Any ane erean) S PERSONAL&ADVINJURY' 6 GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ POLICY jrmPRO LOG $ AUTOMOBILEUABILITY IFO�eLBINED 8 NGLE LIMIT ANYAUro BODILY INJURY(Per person) $ ED SCUTHOSULED WrBODILY INJURY(Per wAWet!) $ HIRED AUTOS ANAI)TOS ED PROP AMA = Par acalaSra s UMBRELLA LUAB OCCUR EACH OCCURRENCE $ D(CE$SUAB CLAW-MADE AGGREGATE $ oe0 RETENTIONS $ A wORI(ER$COMPENSATION We sraTu• DTH- AND EMPLOYERS,LIABILITT YIN ANY PROPRIETOPJPARTNERMT=TIVE El,EACH ACCIDENT 100 000 OFFICERIMEMBER EXCLUDED? Ej NIA (Mendel"in NM) C3327982 /17/2012 /17/2023 deacrlbe utler E.L.DISEASE•EA EMPLOYE $ 100,000 II yee, CRIP71Wi OF OPERATIONS below EL DISEASE,POLICY LIMIT S 500.000 DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICL.ES(AUach ACORD tot,AddlDonal Remarks Schedule,rt mois space Is required) Job location: 92 South Say Road Oaterville, MA, CERTIFICATE HOLDER CANCELLATION (978)635-9503 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Thoughtforms Corporation ACCORDANCE WITH THE POLICY PROVISIONS. Harry Erwin 543 Mass Ave AUTHORIZXQ REP ESEWAnVE Acton, MA 01720 I t. ACORD 25(2010105) 1988-2010 ACORD CORPORATIO AO rig res 'ed, INSD25(2omos).DI The ACORD name and logo are registered marks of ACORD 1/9/2013 13:26:58 From: 9788004510 To: 9786359503 ( 2 / 2 ) �1 \CORO� DaTE(MNWo/rrrr). CERTIFICATE OF LIABILITY INSURANCE 1/9/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcoss)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an andememenL A statement on this cartificete does not confer rights to the certificate holder In lieu of such endorsement(s). ODUCER CoNiAui 'AM FAMILY WESTMIM OFFICE ?39 Littleton Rd #5A acDNE Ea - Arc Np: 800-452.0 destford, NA 01886 ADDREss:KIM.MQRPHY FARM-FAMILY.CON I"su"s)AFFurmerG CovsRArA "011 INSURER A: ;UREO INSURER B C I111SON KING CONSTRUCTION CORP NsuRERc 83 WILKINS RD. INSURER D: HOLLIS7tiN, MA 01746-1661 ;� J vvv INSURER E: INSURER F: OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICES.LMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i TYPE OF INSURANCE WvDPOLICY NUMBER MMmarcrrr YAIIDOIYVYY UMRS GENERAL LIABILITY EACH OCCURRENCE s / / COMMERCIAL GENERAL UA131LITY PREMISES Ee..—. f / UUU CWN3MnOE DUD ❑OCCUR MEDEXP(Anyonepersm) $ / JA=R� Y 2009XO257 6/22/126/22/13.pERsoNxanov,,uarADVANTAGE f , GENERAL AGGREGATE f / / UUU GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG s / VDD— POLICY PRO.JECT LOC S AUTOMOBILE UABIUTY IN ee a Dt s ANYAUTO 2009C4330 9/14/12 9/14/13 BODILY INJURY(Per paru,n) f 500,000 ALL OWNED SCNEDUIED BODILY INJURY(PereccidsM) .f AUT09 AM0,000 HIRED AUT09 AUTOSNED Per e¢ideld f 500,000 f UMBRELLA LIAR OCCUR EACH OCCURRENCE f EXCESS UAB CLAIMSMADE AGGREGATE f DIED RETENTION f f WORKERS COMPENSATION WC TV• TH- ANDEMPLOYERS UABILITY We 2009W6313 1/1/13 1/1/14 TORYLeNTS ER L ANY PRDPR1ET0 OIL "WEWCLUDED'I �NE ® x/A E.L.EACH ACCIDENT f 1 Q Q jw 7 ''In NMI E.L.DISEASE-EA EMPLOYE S ], Q () 000 f yes.deecrbe under DESCRIPTION OF OPERATIONS bebN E.L.DISEASE-POLICY LIMIT f 1,000,000 I I J L SCR lON OF OPERATIONS/WCA,nONS/VEHICLES(Aileen ACORD 107,AdtlifarN RemerRe Saedulq a mare epee u raly6adt 9RPENTRY RTIFICATE HOLDER CANCELLATION THAT CORPORATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 543 NMSACEMETTS AVE. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WEST, ACTON, MA 01720 ACCORDANCE WITH THE POLICY PROVISIONS. FAX: (978) 635-9503 a1JnroR¢Eo REPRESENTATIVE cC @1988-2010ACORDCORPORATION.All rights reserved. :OR025(2010105) The ACORD name and logo are registered marks of ACORD A6 CERTIFICATE DATE(MMIODIYYYYI �� E OF LIABILITY INSURANCE 4/81201*3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. It SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTANAME:CT Boynton Insurance Boynton Insurance Agency PHONE _.._--------- .--I- --- g Y (q(O,xo E,n). (781)449-6786 { ��,(781)449-4269 72 River Park Street E-MAIL ,ADDRESS:_ _ PRODUCER 00007330 Needham MA . 02494 INSURER(51AFFORDING COVERAGE NAIC C INSURED INSURERA_Nautllus Insurance Com an Greenstam Corporation --' - —�---� p I1S1R11e_Norfo1k 6 Dedham Mutual Fire 23965 1 > INSURER c_Liberty Mutual Ins Comp— INSURER D_ L- .Riverview Ave INSURER E Waltham MA 02453 - --- - INSURER F: COVERAGES CERTIFICATE NUMBER:CL1012600226 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR ..AODL�$UBR_- FF _ LTR TYPE OF INSURANCE j I POLICY NUMBER MM DDYIYYYY MMIDDI EXP yyyl LIMITS }GENERAL UA6ILRY }{ �{ _ EACH OCCURRENCE $ _ 4,000,000 }j X I COMMERCIAL GENERAL LIABILITY I DAMAGE TO RENTED —T j I :PREMISE (Ea occurrence S 100,000 A L�CLAIMS-MADE Is XJ OCCUR I CP0152 4 204-12 '11/17/2012 11/17/2013t i ! i I MEO EXP To person) S 5,000 I Pollution Liability -- 'i I PER_SONAL_BADVINJURY Is 4,000,000 GENERAL AGGREGATE !8 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: i I I PRODUCTS-COMPlOP AGG s 4,000,Q00 I PRO• I I I `—__- .._.__..___ X POLICY 1 I LOC j S AUTOMOBILE LIABILITY. x i X COMBINED SINGLE LIMIT $. 1,000000 1 (Ea accident) r ANY AUTO j ! ' ! BODILY INJURY(Per person) 's B ALL OWNED AUTOS 91032062A B/31/2012 8/31/2013 X SCHEDULED AUTOS { ! I I BODILY INJURY(Per accidenq:s AMAGE;PROPERTY D X MIRED AUTOS j i I j(Per accident) 's X NON-OWNED AUTOS I f I ' McCical payments 13 Underinsured molorisi BI spin I s A X UMBRELLA LIaB X!OCCUR X �FFX153222212EACH OCCURRENCE S 1,000,000 EXCESS UAB 1/17/2012'11/17/2013I CLAIMS_thkOEi.x �' - ,AGGREGATE �S- 1,000,000 DEDUCTIBLE I S RETENTION s WORKERS COMPENSATION I iOTH- C I I I X .IDSYIJNIITg.1_LEB_. AND EMPLOYER.$'UAIHUTY Y/N� � --- ANY PROPRIETORIPARTNERIEXECUTIVEOFFICE N N/A i E.L.EACH ACCIDENT S 1,OOQ 000 (MandatryInN )EXCLUDED? 19/20/2012 9/20/2013 -t-V (Mandatory In NH) I 5313387575012 i E.L.DISEASE-EA EMPLOYE _S __1 0Q0 QQQ If yyaas,describe urdm I --_._---- -- _ `---J-- DE$CRIPTON OF OPERATIONS below fficers Covered 'E.L.DISEASE-POLICY LIMB S 1,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Thoughtforms Corporation is listed as an Additional Insured. CERTIFICATE HOLDER CANCELLATION (976)635-9503 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Thoughtforms Corporation ACCORDANCE WITH THE POLICY PROVISIONS. 543 Massachusetts Ave Acton, MA 01720 AUTHORIZED REPRESENTATIVE William Rohr/WRR ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025r2oo3o6) The ACORO name and logo are registered marks of ACORD Aco® CERTIFICATE OF LIABILITY INSURANCE FD ATE(MWDDNYYY) 1/14/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .5011TANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Deborah Corcoran CPCU NAME: Cleary Insurance, Inc. PHONE. (617)723-0700 �N Ne:(617)305 0365 226 Causeway Street ADDRESS:deb@ clearyinsurance.com PRODUCERCUSTOMER 00013356 Boston MA 02114-2155 INSURERS AFFORDING COVERAGE NAIC 8 INSURED INSURERAAcadla Insurance Company 131325 INSURERB:Union Insurance Company 125844 Maverick Integration Corp. !�J�/ INSURERC:Continental Western Insurance 10804 384 Route 101 �``� INSURERD: 1 INSURER E Bedford 03110 INSURERF: COVERAGES CERTIFICATE NUMBER:2013 to 14 GL WC auto UMB REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS (WVD POLICYNUMBER MMIDD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEU--- X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 300,000 A CLAIMS-MADE �X OCCUR X CPA 0283779-14 1/16/2013 1/16/2014 MEDEXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 X POLICY PIECjRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B X ALL OWNED AUTOS CAA 0283778-14 1/16/2013 1/16/2014 BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS Underinsured motorist S 1,000,000 Medical payments $ 5,000 X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB HCLAIMS-MADE AGGREGATE $ 2,000,000 DEDUCTIBLE $ A RETENTION $ CUA 0283780-14 1/16/2013 1/16/2014 $ c WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N FIR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? N N/A (Mandatory in NH) rA 0323911-13 /16/2013 1/16/2014 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space Is required) Certificate holder included as an additional insured for general liability as respects named insureds operations and subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Thoughtforms Corp. ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Verification Dept 543 Massachusetts Avenue AUTHORIZED REPRESENTATIVE West Action, MA 01720 D Corcoran CPCU/DLC ACORD 25(2009/09) ©1938-2009 ACORD CORPORATION. All rights reserved. INS025(Zoosos) The ACORD name and logo are registered marks of ACORD ® DATE(MMIDDIYYYV} .�coRo CERTIFICATE OF LIABILITY INSURANCE 3/1 1 120 1 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 1EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT- If thocortiflratP hnlelor k an AnnrTIONAI IN.SIIRFn,the pnllrry(loc)mlrct ho Pndnraoet H RIIRROr,ATION IR WAIVFn,crihlor-ttn the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endo►sement s. PRODUCER Eastern Insurance Group LLC-Main PHONE 1-7700 ac No 233 West Central Street E-MAIL Natick MA 01760 ADDRESS: INSURERS AFFORDING COVERAGE NAIC0 INSURER A:PeerjeSS Indemnity Insurance 18333 INSURED 36286 INSURER B:Excelseor Insurance Company 11045 Steven Belanger INSURER C:PeerleSS Ins CO P-4198 No 1 Foundations INSURER D: 1141 Old Stage Road i (, Centerville MA 02632 INSURER E: ' INSURER F: ' COVERAGES CERTIFICATE NUMBER:348214400 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN Is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDLSUBRPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE POUCYNUMBER MM1DDlYYYY MMIDD/ LIMITS A GENERAL LIABILITY CBP8605991 14/2012 /14/2013 EACH OCCURRENCE $1,000,000 X COMMERCULL GENERAL LIABILITY IIA"AGE TO RENTED PREMISES aocarrarm $100000 CLAIMS-MADE a OCCUR MED EXP(Pay ore pet son) $15,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $7 000 000 GENILAGGREGATE LIMIT APPLIES PER: PRODUCTS.COMP/OP AGG $2,000,000 X FOUCY PRO 0LOC 1 $ AUTOMOBILE LIABILITY BA6681992 14/2012 /14/2013 Eaa�ltlsrt ANY AUTO BODILY DQUIPY(Per person) $20,000 ALL OWNED X SCHEDULED BbDLVINJUAY AUTOS ALTOS (POraodden0 $40,000 HFIEDAUTOS NON-OWNED IxX AUTOS PROPERfl� DAMAGE $1,000,000 $ UMBRELLAUAB OCCUR EACHOCCURRENCE $ EXCESS UAB CIARIS•MADE AGGREGATE $ EEC) RETENTION $ C WORKERS COMPENSATION WC8746778 4/2013 4/2014 X WC STATU• OTH- AND EMPLOYERS'LIABILITY V/N ANY PROPRIETORrPARTNEROEXECUTIVE E.L.EACH ACCIDENT $500,000 OFRCERIMIRMER EXCLUDED? N� N/A (Mandatory In NH)N E.L.DISEASE•EA EMPLOYEE &500 000 yyeess,,desaleo w»r DESCRIPTIONOFOPERATONStlelav E.L.DISEASE-PCLICYLIdIr $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,11 more space is required) Foundation Contractor. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Thought Forms Corp.Builders ACCORDANCE WITH THE POLICY PROVISIONS- 543 Massachusetts Avenue W Acton MA 01720 AUTHORIZED REPRESENTATIVE ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I i $ightfax 141-2 6/12/2013 4:45:14 PM PAGE 2/003 Fax Server AC R® CERTIFICATE OF LIABILITY INSURANCE F .,-,20113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)mustbe endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HUB INTERNATIONAL NE LLC PHONE Fax 125 ROUTE 6A A/C No Ez1 'C. c MI: SANDWICH,MA02563 AODFIL INSURER(S)AFFORDING COVERAGE NAIL 9 INSURERA:TRAVELERS INDEMNITY COMPANY COMPANY OF AMERICA INSURED INSURER B: PRIDE FLOORING INC PO BOX 1947 INSURER C: COTUIT,MA 02636 /r INSURERD: _ INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN,REDUCED BY PAID CLAIMS. INSR ADDL SUB POLICY EFF POLICY EXP L TYPE Of INSURANCE INSR V4VD POLICYNUMBER mWoU MWD UNITS GENERAL UABUM EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY - _ DAMAGE TO RENTED S ICLAIN&MADE OCCUR PREMISES En crr rmnM MED EXP(Any ono parson) S PERSONAL&ADV INJURY S GENERALAGOREGATE S GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP70P AGG S POLICY. jFC7 LOC S AIJTOfdOBILELIABIUTYff)MBI n SINGLELIMIT S ANY AUTO '101 ALL OYVNED SCHEDULED - BODILY INJURY 01er poraon) S AUTOS NO1111ED BODILY INJURY(Par aaiaenp S HIREDAUTOS AUTOS IPPPEE%Z MADE S S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTION$ S WORKERS COMPENSATION - X WC S7ATU• OTH- AND EIWPLOYERi LIABILITY IN TORY UMtITS ER ANYPROMEKIBER�PARLUDEDJ(ECUTIV NIA. E.L.EACH ACCIDENT $1.000.000 O Mandator in NH) EXCLUDED) Y UB 0B-15-2013 06-15-2014 (Mandatory in NH) yea,daen�e u r 6BO33174 E.L.DISEASE-EA EMPLOYEE $1,000,OOD II nde DESCRIPTION 0F OPERATIONS bx.h. E.L.DISEASE-POLICY LIMB $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Re111arks Schedule.If more space is required) CERTIFICATE HOLDER CANCELLATION THOUGHT FORMS CORP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE 543 NASSA CHUSCTK AVE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WEST ACTON,MA 01720 NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORDED REPRESENTATIVE ACORD 25 2010fD5 ©1988-2010 ACORD CORPORATION.All rights reserved. ( ) The ACORD name and logo are registered marks of ACORD Jun. 26, 2013 11 :34AM No, 2338 P. 1/2 �4Luttu CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIODIYYYY) 06/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(tes)must be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Lora Lowe NAME: Southeastern Insurance Agency, Inc. a NoE 508.997.6061 FACNe: 508.990.2731 439 State Rd. E4WL ADDRESS: P.O. Box 79398 CUSTOMER IDr North Dartmouth, MA 02747 INSURER(S)AFFORDING COVERAGE NAICA INSURED INSURERA: Merchants Insurance Group R & S Lafleur LLC INSURERS: DBA: LAFLEUR ELECTRIC CO INSURERC: 45 Plant Rd Unit 101-102 INSURER D: Hyannis, MA 02601-1922 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 2013/2014 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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. LTR TYPE OF INSURANCE POLICY EFF POLICY EXP PISR WVD POLICY NUMBER MIDD LIMITS GENERAL LIABILITY CMP915262 07/0112013 07101/2014 EACH OCCURRENCE $ 1,000,00 TGENIL 4+tERCIAL GENERAL LIABILITY P EMSES E TO a oc�wDence $ 300,00CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,0OA PERSONAL&ADV INJLAY $ 1,000,00GENERAL AGGREGATE $ 2,000,00GREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1 000,00ICY PRO- JECT LOC $ AUTOMOBILE LIABILITY - MCA701550 07/01/2013 07/01/2014 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 . BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ A IXx SCHEDULED AUTOS PROPERTY DAMAGE $ HIREDALITOS (Peraccidert) INC NON-OWNED AUTOS $ $ umeRELLALIAS X OCCUR CUP914393 07/01/2013 07/01/2014 EACH OCCURRENCE $ 1,000 00 A EXCESS LJAB CLAIMS-MADE AGGREGATE $ 1,000,000 DEDUCTIBLE X RETENTION $ 10,000 $ WORKERS AND EMPLOYERCOMPENSATION LIABILITY YIN WCA909789 07/09/2013 07109/2014 X T YMITS X 10111, ER NY A PROPRIETORIPARThER/EXECUTIVE RAYMOND & SCOTT ARE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) INCLUDEC E.L.DISEASE-FA EMPLOYEE $ 1,000,00 If describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,OQ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space.is required) houghtfomis Corporation Builders is listed as an additional insured in respects to the eneral Liability Insurance. CERTIFICATE HOLDER CANCELLATION FAX: 979.635.9503 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Thoughtforms Corporation Builders Attn: Chris Jardine AUTHORIZED REPRESENTATIVE 543 Massachusetts Avenue W ction, MA 01720 Lora Lowe 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License: CS-096706 GREGORY R FWCIS 30 AI.DEN STREET MANSFIEI D MA 02048;v �.,(,.-J1/ • '+ +,; =xpiratior� Commissioner 09/16/2014 i Office of Consumer Affairs and vusiness Regulation 10 Park Plaza- Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 171036 --r•-.:Y.ram::.=._':'::_- _ Type: Corporation �'�Y•. - •''"ii:=.- fig::._.=:�; ,i Expiration: 2/1/2014 Tr# 221046 THOUGHTFORMS CORPORATION, _-- -ROBERT GUSTIN 543 MASSACHUSETTS AVE. ACTON, MA 01720 _" Update Address and return card.Mark reason for change. Address ❑ Renewal ❑ Employment Lost Card DPS-CA1 G SOM-04l04-G101216 ���� �,/� Office�t�onsu�airs u` egu aGoo License or re istration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the r ation date. If found return to: Registration: y�71036 Type: Office on r Affairs and Business Regulation Expiration: Z/:U2014 Corporation 10 P rk laz - ite 5170 Bo on, A 2 6 WTGHTFORMS GOR"�pORAT#bN? ROBERT GUSTIN; 543 MASSACHUSETTS4VE '' ACTON.MA 01720 " ---'— -Undersecretary Not Val without signature LV I V -I Th ught • rms Corporation B U I L D E R S July 25, 2013 To Whom It May Concern, Attached please find a list of a'ur current subcontractors for the project at 92 South Bay Road,Osterville, MA 02655- We have also provided copies of their worker's compensation insurance policies. Please contact our office at(978) 263-6019 if you have any questions or need additional information. AC Stone Masonry Burke's Excavating Crimson King Construction Corporation Green Stamp Corporation Maverick Integration Corporation No. 1 Foundations Pride Flooring n R&S Lafleur, LLC South Shore Heating&Cooling o Ln Sincerely, -s ro Christina Jardine Secretary Thoughtforms Corporation 543 Massachusetts Avenue Acton, MA 01720 P r7 cv IJ v Tvr11 Th ugh • rms -Corporation B U I L 0 E R S July 25,2013 To Whom It May Concern, Please accept this letter as formal notification that Gregory Francis is an active employee of Thoughtforms Corporation and has been employed with the company since January 23,2012. If your need any'additional information please contact our office at(978)263-6019. Q o Thank you. Sincerely, X Christina Jardine Secretary Thoughtforms Corporation 543 Massachusetts Avenue Acton, MA 01720 IParcel Detail Page 1 of 3 MASBAAt�STS. •T }F :!C C. Logged In As: Parcel Detail Wednesday,August 14 2013 Parcel Lookup Parcel Info Parcel ID 093-042-001 l Developer LOTS 3&4Lot i Location 192 SOUTH BAY ROAD l Pri Frontage 1237 l l Sec Sec Road Frontage Village .OSTERVILLE l Fire District C-O-MM l Town sewer exists at this address No I Road Index 1-685 l Interactive Map Owner Info Owner ISHARKANSKY, ROBERT& ELHINNEY,JOHN El Co-Owner AROGERS, STEPHANIE L i Streets 1145 BEARD WAY l Street2 Ii City INEEDHAM l StateFM—Al Zip 02492-103 Country Land Info _ Acres 12.35 ( Use IMulti Hses MDL-01 l Zoning IRF-1 Nghbd WF13 Topography Level l Road Paved l Utilities l Location Waterfront l Construction Info Building 1 of 2 Year Roof Ext Built 1950 I Struct Gable/Hip I Wall Wood Shingle i Living f6 l Roof Asph/F GIs/Cmp l AC Central ) ArealV Cover Type PTO style Cape Cod I wall nt Bed Drywall I Rooms 4 Bedrooms�l 42 4 Model lResidential I Int Floor Hardwood I Bath Rooms 4 Fulls FIIs BAS:- m_^— MT Tol Grade Average Plus l Type Hot Water I Rooms 18 Rooms Stories 1 1/2 Stories Heat Oil Found T ioal l Fuel �l ation yP Gross 10 l Area tl�v Building 2 of 2 Year 1980l Roof Gable/Hip I Ext Wood Shingled Built Struct Wall http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=5147 8/14/2013 Parcel Detail Page 2 of 3 Living 960 I Roof Wood Shingle AC None Area Cover Type Style Garage/Quarter I wail Drywall � ) Rooms nt Bel 1 Bedroom —I In Ball Model lResidential I Floor Hardwood I Rooms 0 Full+ 1/2 Grade JAverage Plus I Type Total None I Rooms 1 Room I riffs; 4 04 Stories 2 Stories I FHeatuei None TI Fund- Poured Conc. ation ao Gross 1920 Area Permit History Issue Date Purpose Permit# Amount Insp Date Com7GAR 2/11/2013 Demolish 201300440 $26,000 3/18/2013 12:00:00 AM DEM 2/11/2013 Demolish 201300441 $5,000 DEM 2/11/2013 Dwelling 201300442 $3,800,000 6/26/2013 12:00:00 AM NW DW 11/14/2005 New Siding 88437 $15,000 6/30/2006 12:00:00 AM RESIDE 3/1/1990 Dock B33619 $20,000 1/15/1991 12:00:00 AM DOCK 9/1/1979 Out Building IB21619 $0 11/15/1982 12:00:00 AM Visit History Date Who Purpose 7/22/2013 12:00:00 AM Robin Benjamin CALLBACK 7/9/2013 12:00:00 AM Robin Benjamin In Office Review 6/24/2013 12:00:00 AM Tony Podlesney In Office Review 4/12/2013 12:00:00 AM Robin Benjamin CALLBACK 12/6/2012 12:00:00 AM Denise Radley In Office Review 10/2/2008 12:00:00 AM Nancy Finch In Office Review 6/1/2006 12:00:00 AM Denise Radley Change of Address 4/5/2006 12:00:00 AM Paul Talbot Bldg Permit Completed 3/17/2006 12:00:00 AM Paul Talbot Meas/Est 11/9/2005 12:00:00 AM Denise Radley I Change of Address w Sales History Line Sale Date Owner Book/Page Sale Price 1 12/29/2011 SHARKANSKY, ROBERT& ELHINNEY,JOHN E TR C195990 $1 2 2/15/1990 FIREMAN, PAUL& PHYLLIS A C119718 $3,650,000 3 5/15/1986 SHEEHAN,T J & B E TRS C106378 $1 4 4/26/2013 1 ROGERS, STEPHANIE L C200145 $1 Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2013 $447,600 $79,400 $125,500 $4,287,500 $4,940,000 2 2012 $454,400 $77,900 $133,200 $4,511,600 $5,177,100 3 2011 $601,000 $10,200 $132,000 $4,511,600 $5,254,800 4 2010 $600,900 $10,200 $180,400 $5,075,600 $5,867,100 5 2009 $752,300 $7,400 $415,000 $2,890,400 $4,065,100 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=5147 8/14/2013 Parcel Detail Page 3 of 3 1 , 6 2008 $783,000 $7,400 $375,000 $3,010,400 $4,175,800 8 2007 $921,700 $7,400 $375,000 $3,010,400 $4,314,500 9 2006 $790,800 $7,400 $375,000 $2,678,600 $3,851,800 10 2005 $683,800 $7,200 $375,000 $2,678,500 $3,744,500 11 2004 $538,500 $7,200 $440,000 $3,341,400 $4,327,100 12 2003 $480,900 $7,200 $45,100 $2,608,800 $3,142,000 13 2002 $480,900 $7,200 $45,100 $2,608,800 $3,142,000 14 2001 $480,900 $7,700 $45,100 $2,608,800 $3,142,500 15 2000 $428,000 $7,700 $46,600 $703,000 $1,185,300 16 1999 $428,000 $7,700 $46,600 $703,100 $1,185,400 17 1998 $397,200 $7,700 $46,600 $702,600 $1,154,100 18 1997 $422,600 $0 $0 $756,600 $1,239,000 19 1996 $422,600 $0 $0 $756,600 $1,239,000 20 1995 $422,600 $0 $0 $756,600 $1,239,000 21 1994 $348,700 $0 $0 $766,100 $1,160,400 22 1993 $348,700 $0 $0 $766,100 $1,160,400 23 1992 $414,900 $0 $0 $945,600 $1,412,500 24 1991 $487,700 $0 $0 $1,120,600 $1,608,300 25 1990 $487,700 $0 $0 $1,120,600 $1,608,300 26 1 1989 1 $487,700 $0 $0 $1,120,6001 $1,608,300 Photos _ C IIIII -M18 .fr ' 1• fir' Ir1 M T 1� "j S C: �y• A http://issgl2/intranet/propdata/ParceiDetail.aspx?ID=5147 8/14/2013 Mass. Corporations, external master page Page 1 of 2 William Francis Galvin L7. 7 Secretary of the Commonwealth of Massachusetts R 7 A a ra HOME DIRECTIONS CONTACT US Search sec.state.ma.uS 1 Search Corporations Division Business Entity Summary ID Number:042516055 Request certificate ( New search Summary for: THOUGHTFORMS CORP. The exact name of the Domestic Profit Corporation: THOUGHTFORMS CORP. Entity type: Domestic Profit Corporation Identification Number:042516055 Date of Organization in Massachusetts: 03-29-1972 Last date certain: Current Fiscal Month/Day: 10/31 Previous Fiscal Month/Day: 00/00 The location of the Principal Office: Address: 543 MASSACHUSETTS AVE. City or town,State, Zip code,Country: W.ACTON, MA 01720 USA The name and address of the Registered Agent: Name: CHRISTOPHER L. NOBLE Address: 1280 MASSACHUSETTS AVE. City or town, State, Zip code,Country: CAMBRIDGE, MA 02138 USA The Officers and Directors of the Corporation: Title Individual Name Address PRESIDENT MARK DOUGHTY 543 MASSACHUSETTS AVENUE WEST ACTON, MA 01720 USA TREASURER MARK DOUGHTY 543 MASSACHUSETTS AVENUE WEST ACTON, MA 01720 USA SECRETARY CHRISTINA JARDINE 543 MASSACHUSETTS AVENUE WEST ACTON, MA 01720 USA VICE PRESIDENT ROBERT GUSTIN 543 MASSACHUSETTS AVE ACTON, MA 01720 USA VICE PRESIDENT CHARLES BARRY 543 MASSACHUSETTS AVE ACTON, MA 01720 USA DIRECTOR MICHAEL ROSENFELD 389 GARFIELD RD.,CONCORD, MA 01742 USA Business entity stock Is publicly traded: r The total number of shares and the par value, if any,of each class of stock which this business entity is authorized to issue: Class of Stock Par value per share Total Authorized Total issued and outstanding No.of shares Total par value No.of shares CNP $0.00 150,000 $ 0.00 1,000 114 Consent f Confidential Data r Merger Allowed fid Manufacturing Note:Additional information that is not available on this system Is located In the Card File. View filings for this business entity: http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEIN=04251605 5&... 8/14/2013 Mass. Corporations, external master page Page 2 of 2 ALL FILINGS Administrative Dissolution Annual Report Application For Revival Articles of Amendment J • View-filings :�,� Comments or notes associated with this business entity: —^Z•--„--�—�II NewSearchJ William Francis Galvin,Secretary of the Commonwealth of Massachusetts Terms and Conditions http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEIN=042516055&... 8/14/2013 CF THE TQ� + HARNSfABLE, 69. ,�� Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, 6k , as Owner of the subject property �' hereby authorize 6 ' /' to act on my behalf, in all matters relative to work authorized by this building permit application for: dW e'j c� (Address of Job) go Si w _ Date Print Name If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. C:\Users\decollik\AppData\LocalWicrosoft\Windows\Temporary Intemet Files\Content.Outlook\QRE6ZUBN\EXPRESS.doc Revised 053012 rD C-C) o f B ar�table - Regulatory Services r x, l Them�F. GnIer,Director / somas Perry,.GCB 0,'Pmldiag CainmisiOner 260 Main Wit, ffym= MA o250 I' �p•�q.f�•fPn..barnsf'ahl�rlc�tLs ., � /�� ) Pax 508-79D- M' r/ pica 5DB-862-4038 0. j iV CC LP/►:f N F`� 1vfap/Parccl: d Q Owncr- . . /' ' `projcct Aaar�ss `'`H. Q��. Bu:Uder: The f6IIowi49 items wem noted.on r.7'ewmg: 43 7 1 / YJ O T F L U (N A-CC 6S � c�: w :2 0� ReYi W,ed by:. , e l y� Town of Barnstable-:.: ..� Regulatory Service t RI RM1GT•�Rf! Thomas F. Geiler, Djrector Building DiviEion Thomas Perry,.CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 • •. ww�.to�n.�arnstahle.ma.us - ' Office:•.509-862-4038 Fax: 50$-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: TN: �( FAX NO: RE: FROM: DATE. If `—� PAGE(S�: . (INCLUDING COVER SHEET) Rcv:12190I i SHOPE KENO WHARTON o ARCHITECTURE 198I I FEBRUARY 6,2013 Mr,Paul Roma Town of Barnstable Regulatory Services 200 Main Street,Hyannis MA 026oi Re:92 South Bay Road,Osterville MA Plan Review Dear Mr.Roma, I am writing to address and clarify the plan review issues noted on your fax to Jack McElhinney dated 2-4-13. The responses are below: Itcm#i Copy of one item of the ZBA decision not supplied. My understanding is that Mr.McElhinney has supplied this to your office. Please let us know if you are missing anything else in this regard, Item#2 Compliance ruith R8o7.i Attic Access We are planning three attic access openings to comply with this section of the code. There will be one on the second floor ceiling at the center of the house,one in the laundry room ceiling accessing the lowered roof between the center of the house and attached garage and one in the second floor ceiling of the attached garage. In all cases,the attic space within the home is strictly being utilized for storage and mechanical equipment only. The second floor is fed front the attic space and the trunk lines as well as the mechanical equipment will be within this attic space. This area will not be finished or meet the standards for habitable space. Please see attached sketches for clarification. Item#3 Compliance with R316.4 Thermal Barrier As noted above,the Attic space will be unfinished(plywood floor,no sheetrock on wall or ceiling rafters). The sole use of the attic space will be for mechanical equipment/storage. On proposed building sections ' indicate six inches of two pound closed cell spray foam insulation. All spray foam insulation areas in the attic will be covered by a spray on intumescent barrier that will comply with R316.4 requirements. Item#4 Compliance with 301.2.1.2 Protection of Openings 18 NIAKS,HALL STRL'ET, SOUTH NORWALK. CT o6854 shollrrcnoluhurinu.cnm T.zo3.85z.7250 r • The door and window package planned for will meet the criteria set out in 13ol.2.1.2. Both our specification and drawings have been annotated accordingly. We anticipate the door and window manufacturer to be Dynamic Windows although this will be finalized during the bidding and construction process. Item#5 Compliance with Rioo&i LyteriorAi►• The great room fireplace has a fresh air supply which will be located in the firebox sidewall and connected to the exterior. Please refer to the attached sketch. Please reNriew and let me know if you have questions or require anything further. Sills - aA. ,%ED ARC/ No.310 I _K T. rN OF tMPSS�G�J . Jeri y �,aIa Partner Encl. s I Te M *Z SECTION R807 ATTIC ACCESS ° 92 South Say Road Rotdmce R807.1 Attic access.Buildings with combustible ceiling or roof construction shall have an attic access opening to attic areas that exceed 30 square feet(2.8 m2) and have a vertical height of 30 inches (762 mm) or greater.The vertical height shall be measured from the top of the ceiling framing members o (: in the underside of the roof framing members. 0 IMO MUM 0 ° 0 o LE 0 ° ° o ...�_.__.._0 0 ° ° p $IIOYIi 111IT10 W1IA RTOf: ° o ° �I e QIMQ 11/1f1C l'1111 f II'O fI111Nf.N AN m�Yirn.n oz.arc.r1n. R 211 92 South Bay Road Residmm I I 0 o I I I � I I I I I I I I I I I I I I � I • ( I ° I I I I ° I 0 o I I I ° I I ° I � I I I ° I SHONIi KnNO WHARTON I I H I I /7Nf.AR C..1'•fiRtiTF3[MKCff11Cn'n CIfIWCNAN , CdRACA'-Vf.(M.n fln[)R Nl fI If.Rn f.In Pef.N.v: A 213 I I I I 1 92 South Bay Road I I Rcsidmm I I ,I I --------?� e e 1 I I _ I I � I I I I I I I I I I I I --——� I---------------J I I I -- I O I� O O ° Lo E O O Op m p -❑ I p p ° a I I ( S110-IUNO WIIAK �I I O O O O I T ( O O O I I ° p i I p a p 1 m — — I I I I I I I I I 4 �---------------------------------------- I I � I I I I I I CrmN0 f100°°1 r11[l1 I)Cl II NC PI AN irupmumuw.nw, A 212 Ot,E .o-.ct -� Lim 'o ( N C 10 co I D H -yN r � c < v I II 11 1 1 1 1 II I I I I II 3nH ( I - c � V OZl-,9 n 9 Y NaD N co II x t < O II Aldm� ' 8 q II II � vo CO cc N tN �yy � N O J ' W W. . O <C Om f xU �O-A tz,F -I V - .TZ-,p I .Ts.FIcuTs.Ft — — ti � Ac j -ti OI I i i 1 ISSUU DATUS Y , , lr-�• 0� OM M OM i i Issued for Permit 2013.01.22 i Fey--------------- � — . - _ O os 7 i M',S m I 1 - - SINEUT TITLU _____ ------------------------------ FIRST FLOOR PLAIN-HOUSE I f'a• ''U- I ''u- °'-loil O O DO :1'4• SHUNT `IUMUeR jCI NI'RAL NOfI: ArIK ARIAS 111Ar 11CI:ID NI SO f11,1 ANU I IAVL'A VI R1KAl Illll'Jir OP m LNCIIIS'OR C1UAi1;R 511A1.L I IAVI.AN ATIK ACCISS NAiCII. c.cloCOORDWATI WIT I AM11111.0 ION AIL LOCAMNS ANU MaN N* I �•� BUILDING PLANNING the addition of a porch or deck,are exempt from R316.3 Surface burning characteristics. Unless otherwise n +the requirements of this section. allowed in Section R316.5 or R316.6,all foam plastic or foam 2. Installation, alteration or repairs of plumbing or plastic cores used as a component in manufactured assemblies r ' used in building construction shall have aflame spread index of mechanical systems are exempt from the require- i ments of this section, not more than 75 and shall have a smoke-developed index of .� not more than 450 when tested in the maximum thickness li{4'iPower source. Smoke alarms shall receive their pri- intended for use in accordance with ASTM E 84 or UL 723. �a�,powe a commercial al ldsource,wiringvh when such wiring is is Loose-fill type foam plastic insulation shall be tested as board primary P stock for the flame spread index and smoke-developed index. lrrperrupted;•sliall receive power from a battery.Wiring shall be �manentand without a disconnecting switch other than those ixception:Foam plastic insulation more than 4 inches(102 XVired for.overcurrent protection. Smoke alarms shall be mm)thick shall have a maximum flame spread index of 75 ;,iljterconnected. and.a smoke-developed index of 450 where tested at a nuni- mum thickness of 4 inches(102 nun),provided the end use +Exceptions: is approved in accordance with Section R316.6 using the 'Smoke alarms shall be permitted to be battery oiler- thickness and density intended for use. sated when installed in buildings without connnercial power. R316.4 Thermal barrier.Unless otherwise allowed in Section R316.5 or Section R316.6,foam Mastic shall be separated from 2. ;Interconnection and hard-wiring of smoke alarms in the interior of a building by an approved thermal barrier of min- existing areas shall not be required where the alter imum'/2 inch(12.7 nun)gypsum wallboard or an approved fin- rations of repairs do not result in the removal of irate- ish material.equivalent to a thermal barrier material that will rior wall or ceiling finishes exposing the structure, limit the average temperature rise of the unexposed surface to 1 unless there is an attic,crawl space or basement avail- no more than 250°F(139°C)after 15 minutes of fire exposure gable which could provide access for hard wiring and complying with the ASTM E 119 or UL 263 standard time tem- a ' ;interconnection without the removal of interior fin- fishes. perature curve.The thermal barrier shall be installed in such a ' manner that it will remain in place for 15 nunutes based on NFPA 286 with the acceptance criteria of Section R302.9.4, SECTION R315 FM 4880,UL 1040 or UL 1715. } • - ' • CARBON MONOXIDE ALARMS R316.5 Specific requirements.The following requirements 43.15.1t6rbon monoxide alarms.For new construction,an shall apply to these uses of foam plastic unless specifically apptoved carbon monoxide alarm shall be installed outside of approver/in accordance with Section R316.6 or by other sec- �e&ch,"separate•sleeping area in the immediate vicinity of the lions of the code or the requirements of Sections R316.2 '1,Bedrooms in dwelling units within which fuel-fired appliances through R316.4 have been met. .arc=instahed;and in dwelling units that have attached garages. R316.5.1 Masonry or concrete construction.The thermal P315.2'Where required in existing dwellings.Where work barrier specified in Section R316.4 is not required in a %giring 'a;permit occurs in existing dwellings that have masonry or concrete wall,floor or roof when the foam plas- !$ttaclied garages or in existing dwellings within which tic insulation is separated from the interior of the building ,ffielzfired'appliances exist, carbon monoxide alarms shall be by a minimum/-inch(25mm)thickness of masonry orcon- `%rovided`in accordance with Section R315.1. crete. �R315'.3'Alarm requirements.Single station carbon monoxide R316.5.2 Roofing.The thermal barrier specified in Section aIRrms,shall-be listed as complying with UL 2034 and shall be R316.4 is not required when the foam plastic in a roof installed.in accordance with this code and the manufacturer's assembly or under a roof covering is installed in accordance ,installat on instructions. with the code and the manufacturer's installation instruc- tions and is separated from the interior of the building by tongue-and-groove wood planks or wood structural panel SECTION R316 sheathing in accordance with Section R803, not less than FOAM PLASTIC ns/32 inch 01.9 min) thick bonded with exterior glue and t1R316.,2 tGeneraL'The provisions of this section shall govern identified as Exposure 1,with edges supported by blocking '!te materials,design,application,construction and installation or tongue-and-groove joints or an equivalent material.The ofhain,plastic materials• smoke-developed index for roof applications shall not be mited. '4 316`2'•Labeling and identification.Packages and contain- li 'Os,of;foam plastic insulation and foa►n plastic insulation R316.5.3 Attics. The thermal barrier specified in Section ,components delivered to the job site shall bear the label of an R316.4 is not required where all of.the following apply: approved agency showing the manufacturer's name,the prod- 'uct listing,product identification and information sufficient 1. Attic access is required by Section R807.1. to,„determine"that the end use will comply with the require- 2. The space is entered only for purposes of repairs or ments. maintenance. 1 09'JNTERNATIONAL RESIDENTIAL CODE" 63 92 South Bay Road Residence January 2013 Osterville,Massachusetts SECTION 71): THERMAL.PROTECTION GENERAL Related Work specified in other Sections: The General acid Special Conditions sliall apply to this Section of the Specifications. General material,equipment,and workmanship standards arc specified in Section 1b. Work for this section shall include but not be limited to the following: • Wall and roof thermal insulation. • Acoustic insulation at all interior partitions including bedrooms and bathrooms. • Firestopping between stories. • Underslab insulation at Garage. • Vapor barrier at slab on grade. • At all locations where non I-C housings are located, provide 3" clearance as required by code. At second floor ceiling location, provide removable plywood panels (from attic) with acoustic insulation as a thermal i break(if required). NLATERIAM Cavite Insulation: Install cavity insulation to extend over entire exterior franung area of all Work,including first floor deck,exterior walls and attic rafter cavities. Provide full depth acoustic insulation between all floors and full depth acoustic insulation in all walls. Insulate as follows: Exterior stud walls/Rim Joist Areas (including exterior attic walls) = 4" 2 lb./cubic foot closed cell spray urethane foam insulation(R-28) Roof rafters = G"2 lb./cubic ft closed cell spray Urethane foam (R-42) + Spray on fire retardant barrier where required by code Interior Partitions = 5 1/2"Quietzone fiberglass acoustic Batt insulation Basement/First Floor Deck= 5 1/2"Quietzone fiberglass acoustic batt insulation First/Second Floor Deck= 5 1/2"Quietzone fiberglass acoustic batt uisulation Whether it is shown or not in the construction documents provide R-30 Fiberglass insulation batts(+/-9 1/2")between all structural members separating the second floor ceiling from the Attic area. We recognize is redundant given the closed cell foam at the roof rafters-however,we specify it for two reasons: -It provides a level of acoustical separation between the area housing the mechanical equipment above the second floor ceiling and the second floor. -Vchile the attic is tempered,it typically remains at a different temperature than the habitable spaces below. Floor Decks adjacent to exterior unconditioned space = G" 2 lb./cubic ft closed cell spray Urethane foam(R-42) Underslab insulation is 2" rigid insect retardant insulation x 48" wide-typical. Insulfoam, .vww.insulfoann.conn or equal. Underslab Vapor Barrier =Virgin High Density Polyetheylene Vapor Retarder THERMAL PROTECTION 7b-1 i 92 South Bay Road Residence January 2013 Osterville, Massachusetts Interior of Finished basement walls including the rim joist = 4" 2 lb./cubic foot closed cell spray urethane foam insulation (R-28) Basement Exterior\\galls= 2"rigid Thernlax Foil Face,High R board Closed Cell Spray Foam insulation: Duraseal 2 pound density closed cell foam insulation as manufactured b}, UCSC,(800)BUY-USCS,or approved equal. Interior partition acoustical insulation: Owens Corning Quietzone 5 '/z" acoustical fiberglass insulation batts or approved equal. Bathroom Perinleter Insulation:Bonded Logic 5 '/2"Ultratouch Denin1 insulation. Attic deck insulation: Owens Cording R-30 91/2"insulation batts or approved equal. Vapor retarder if re uired): If the Building Department insists on a vapor diffusion retarder in addition to the spray foam insulation,it is recommended that"Membrain"by Certaintecd Corporation be used. Spray On Fire Ignition Barrier(where required): Provide Aldocoat 75.7 fire ignition barrier or approved equal that meets Building Codes at all spaces where required. Aldocoat 757 is manufactured by Aldo Products Company Inc., (800)474-6019. EXECUTION Submit Insulation Literature for review and approval by Architect. Install all products in accordance with manufacturer installation procedures and recommendations. Acoustic Insulation: Provide acoustic insulation in areas described above whether or not indicated in Drawings. Acoustic insulation between habitable/heated floors shall be installed tightly between floor joists. Acoustic insulation shall be placed in walls of all interior rooms. Lighting Coordination: Stop insulation 3" short of recessed downlights if not insulated ceiling model housings. Install insulation to extend over entire floor area. At 2-1 floor where non I-C housings are located, provide removable plywood panels (front attic) with acoustic insulation as a thermal break. Provide 3" clearance as required by code. Firestopling: Provide firestopping to cut off all vertical and horizontal concealed draft openings to form an effective fire barrier between stories. At openings around pipes, ducts, chimneys, and fireplaces, provide non- combustible fire safe insulation or equal,per code requirements. END OF SECTION THERMAL PROTECTION 7b-2 7-rem � BUILDING PLANNING I , I I IO h i e O ,O I o0, 0 < 10'. m° GABLE ROOFS WALLS 0 s 100 iQd-s -' O� --(D ' �O` , I`.2 O,• 6 U Oa i O OO;� OO i® h OO i O i0O OO O i� h ;F 100 < 0 < 450 2 p\2 100 <0 s 300 , t 1 I I I ---`--` N E, 0 9 J 4 0 GABLE ROOFS 10' < 0 <_ 450 HIP ROOFS 100 < 0 s 300 `?.1[oot=304.8 mm,1 degree=0.0175 rad. a=4 Win all cases. el. FIGURE R301.2(7) COMPONENT AND CLADDING PRESSURE ZONES i �L12 Protection of openings.Windows in build- be precut and attached to the framing surrounding the ateA!iw windborne debris regions shall have opening containing the product with the glazed open- openings;protected from windborne debris. ing. Panels shall be predrilled as required for the opgni%'-ro(ection for windborne debris shall anchorage method 'and shall be secured with the �regdiremenls of the Large Missile Test of attachment hardware provided.Attachments shall be 1'996.and',ASTM E 1886 referenced therein. designed to resist the component and cladding loads tto-glezedaopening protection for windborne determined in accordance with either Table lmeet the!iequirenients of an approved impact R301.2(2)or ASCE 7,with the permanent corrosion- a-tdard;orANSUDASMA 115. resistant attachment hardware provided and anchors tlol permanently installed on the-building.Attachment in ;,Wood structural panels with a minimum 'YiCinch.(11 mm)and a maximum span of accordance with Table R301.2.1.2 is permitted for buildings with a mean roof height of 33 feet(10 058 r►mm),shall be for opening pro- None=and.two-story buildings.Panels shall mm) or less where windspeeds do not exceed 130 miles per hour(58 m/s). IIFiESIDENTIAL CODE 41 i GENERAL NOTES: I.PROVIDE TEMPERED GLAZING,AT ALL WINDOW LOCATIONS AS REQUIRED BY CODE. 2.THE CONTRACTOR WILL COORDINATE WINDOW INSTALLATIONS WITIi THE'ROUGH OPENING DIMENSIONS. J.THE CONTRACTOR WILL VERIFY ALL WINDOW SIZES AND CONDITIONS PRIOR TO FABRICATION AND INSTALLATION&PRIOR TO ROUCH FRAMING. 4.REFER TO ELEVATIONS FOR SWING OF THE UNIT-TYPICAL. S.NOTE,ROUGH OPENING-IHOCI IT a FRAME STILE•1' WIDTi-FRAME SIZE.1'-TYPICAL G. PROVIDE CONTINUOUS SILL(HORNS)AT MULLED I IAMB&CORNER 1 UNITS-TYPICAL. 7. DETAILS REFLECT TYPICAL CONDITIONS-OTHER CONDITIONS EXIST WHICH MAY REQUIRE CUSTOM CONDITIONS WHICH ARE PART OF THIS CONTRACT. , B.WINDOW ELEVATIONS REFLECT VIEW FROM EXTERIOR-TYPICAL. 9.ALL WINDOW UNITS TO FIAVE SIMULATED DIVIDED LITES W/INTERNAL SPACER BAR,U.N.O. ' 10. FRAME SIQ DOES NOT INCLUDE SILL WHICH FITS INTO RABBCT ON THE FRAME AND I LANGS BELOW,SEE DETAILS. WINDOW MANUFACTURER TO PROVIDE EXTERIOR WOOD SILLS. 11.REQUIRED EGRESS UNITS SHALL I PAVE S,74 MIN.CLEAR OPENING WITH 24'MIN.HEIGHT AND 20'MIN.WIDTI'1, AND A MAX.SILL HEIGHT OF 44'A.F.F.(SECTION R3101.NTERNATONAL RESIDENTIAL CODE). 12.WINDOWS IN BUIDLINGS LOCATED IN WINDBORNE DEBRIS REGIONS SMALL IHAVI:GLAZED OPENINGS PROTECTED FROMWINDBORNE IIE1596 GLAZTD OPENING PROTECTION FOR WINDBORN IJEBRIS SHALL MEET Tif:REQUIRMT.NTS OF TIRE LARGE NJSSLLT.TEST OI'.ASTM I:1996 AND ASTM E.I884 AYFERNCED TIHEM.IN. - CARACE DOOR GLAZED OPENING 11KOTECTON FOR WINUISOIW L DEBRIS SMALL MT.ET TiF REQUIREMENTS DEAN APPROVED LmPACT RLSISTNf.STANDARD OR.ANSN)ASMA 115. cj EiLJ��- T'G Lax i9-7�a� c� A SQ�. 92 South Bay Road Residence January 2013 SECTION 8b: DYNATY11C WINDOWS&DOORS GENERAL Related Work specified in other Sections: The General and Special Conditions shall apply to this Section of the Specifications. General material,equipment,and workmanship standards arc specified in Section 1d. Work for this Section shall include but is not limited to the following: • Complete installation of the window/door package as indicated in Drawings and Schedule. • Complete installation of windo\v/door package in accordance with installation codes for an IZ-3 Wind born Debris Region and in accordance with requirements for waterfront homes in Ostetville, Massachusetts. Glazed opening protection for windborne debris shall meet the requirements of the Large Ivlissile Test of iASTM E 1996 and ASTA4 E 1886 referenced therein. Garage door glazed opening protection for windborne debris shall meet the requirements of.an approved impact resisting standard or ANSI/DASI A 115 • Installation of both construction grade handles as well as finish handles is considered part of the scope of work. Subnvttals: Submit digital copy of shop drawings of all window/door units for the Architect's review and approval. Submission shall identify all units as noted in the schedule along with key plan and all associated submission materials. MATERIALS Windows shall be of type and operation shown on Construction Documents manufactured to standard Specifications, details, and sliall be manufactured by Dynamic Windows and Doors Inc., 30440 Progressive Way, Abbotsford,B.C. Canada V2'1'6W3,\�,\%w.dynaniicwindows.com. Contact should be made through Dave Benore at(203)270-3327,e-mail-dbenorc a,sbcglobaLnet Window Notes: All window units shall have the following: ■ `Paint Grade Solid' exterior frame and sash-typical for all painted units: Both the frame and sash are to be 2 3/4" thick, with manufacturers details and profiles. Frame and sash are to be laminated of three layers per the standard manuf. laminated frame and sash typical details. Where interior casework is scheduled for species woods with clear or stained finishes, the interior lamination of the sash and frame species shall match casework species. All window units to be treated with a wood preservative. • All units to have clear double insulating low E glass with argon Glass(tempered where required by code whether or not indicated on schedule) • Architect to verify spacer and perimeter bar color during the shop drawing process. ■ Multi point tilt/turn hardware with concealed hinge hardware and friction arm stays-typical. ■ All units to have a one-piece neoprene gasket,removable for maintenance. • Corrosion resistant metal alloy rough hardware perimeter locking system at jamb, head and sill for all operable units. ■ Dip impregnation against fiungi,3 mm rounded edges. ■ Exterior First finish coat of standard paint or stain colors-primer and first finish topcoat. Exterior side of window to be an off white color (exact color TBD during the building inock up process). Interior and DYNAIAIC WINDOWS-DOORS AND WINDOWS 8b-1 i 92 South Bay Road Residence January 2013 exterior will be primed the same color. Final coat for exterior will be done by the painters-refer to Section 9d: PAINTING. o Interior of all paint grade windows to ben wliite primer-no finish coats-typical. Interior finish painting will be done by the painters-refer to Section 9c:PAINTING. ■ Window Sills and extension jambs as specified by the Architect's project drawings. Provide continuous longliorn sills wliere shown on the schedule and elevations. ■ At inswing French doors, provide Bronze interlock.thresholds with wood sub-sills. All wood door sub sills shall be clear finish. Provide simulated divided lite(SDL)muntin and mullion system as indicated on project drawings. ■ All exposed hinges and related lardware to be oil ribbed bronze. 90 degree stops for windows and doors. ■ Provide construction grade handles per door leaf(1 exterior, 1 interior), 1 handle per window sasli for use by the General Contractor during the Construction Period. Provide oil rubbed bronze Berlin handles with rectangular escutcheons. Exterior extension jainbs to be prepared at all door locations in preparation for possible future screen doors Preparation of inactive door leaf for interior luandle in all locations. Fixed painted aluminum window screens with cliarcoal colored fiberglass mesh where indicated. .a All ancluors,clips and fasteners required for a complete installation. E,IECUTION All work shall comply with the liigliest accepted standards of professional workmanship. Include technicians for a minimum of two days during the installation process to monitor and train workers for proper installation. Comply witli manufacturer's instructions and recommendations for installation of wood window units,hardware, accessories, and other components of work. Provide locking hardware in brass on all operable windows not so equipped by manufacturer. Provide flashing and drip at tops of all windows. Set units plumb, level, and true to line, witliout warp or rack of frames or sash. Provide proper support and anchor securely in place. Refer to Section 7e for joint fillers and sealant.required for installation. Institute protection required through remainder of construction period,to ensure that wood window units will be without damage or deterioration at time of acceptance. Prior to final cleaning and substantial completion, have Dynannic Window technicians adjust all the windows and door units for the proper operation. _. END OF SECTION DYNAMIC WINDOWS-DOORS AND WINDOWS 8b-2 CHIMNEYS AND FIREPLACES TABLE R1003.20 `Building Heating Appliance Chimney"or"Residential Type CRICKET DIMENSIONS and Building Heating Appliance Chimney." ROOF SLOPE H ' R1005.4 Factory-built fireplaces.Chimneys for use with fac- 12- 12 1/2 of W tory-built fireplaces shall comply with the requirements of UL 8- 12 '/s of W 127. 6- 12 1/4 of W R1005.5 Support. Where factory-built chimneys are sup- ported by structural members,such as joists and rafters,those 4-12 '/6 of W members shall be designed to support the additional load. 3-12 '/8ofW R1005.6 Medium-heat appliances. Factory-built chimneys for medium-heat appliances producing flue gases having a temperature above 1,000°F(538°C),measured at the entrance SECTION R1004 to the chimney shall comply with UL 959. FACTORY-BUILT FIREPLACES R1004.1 General.Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions SECTION R1006 of the listing.Factory-built fireplaces shall be tested in accor- EXTERIOR AIR SUPPLY dance with UL 127. R1004.2 Hearth extensions. Hearth extensions of approved R1006.1 Exterior air. Factory-built or masonry fireplaces factory-built fireplaces shall be installed in accordance with the covered in this chapter shall be equipped with an exterior air listing of the fireplace.The hearth extension shall be readily supply to assure proper fuel combustion unless the room is distinguishable from the surrounding floor area. mechanically ventilated and controlled so that the indoor pres- R1004.3 Decorative shrouds.Decorative sluouds shall not be sure is neutral or positive. installed at(lie termination of chimneys for factory-built fire- R1006.1.1 Factory-built fireplaces.Exterior combustion places except where the shrouds are listed and labeled for use airducts for factory-built fireplaces shall be a listed compo- with the specific factory-built fireplace system and installed in nent of the fireplace and shall be installed according to the accordance with the manufacturer's installation instructions. fireplace manufacturer's instructions. R1004.4 Unvented gas log beaters. An unvented gas log R1006.1.2 Masonry firelrlaces. Listed combustion air heater shall not be installed in a factory-built fireplace unless ducts for masonry fireplaces shall be installed according to the fireplace system has been specifically tested, listed and the terms of their listing and the manufacturer's instruc- labeled for such use in accordance with UL 127. tions. R1006.2 Exterior air intake.The exterior air intake shall be SECTION R1005 capable of supplying all combustion air from the exterior of the FACTORY-BUILT CHIMNEYS rhvelling or from spaces within the dwelling ventilated with R1005.1 Listing. Factory-built chimneys shall be listed and outside air such as nonmechanically ventilated crawl or attic labeled and shall be installed and terminated in accordance spaces.The exterior air intake shall not be located within the with the manufacturer's installation instructions. garage or basement of the dwelling nor shall the air intake be located at an elevation higher than the firebox.The exterior air R1005.2 Decorative shrouds.Decorative shrouds shall not be intake shall be covered'with a corrosion-resistant screen of installed at the termination of factory-built chimneys except 1/4-inch(6 mm)mesh. where the shrouds are listed and labeled for use with the spe- cific factory-built chimney system and installed in accordance R1006.3 Clearance. Unlisted combustion air ducts shall be with the manufacturer's installation instructions. installed with a minimum 1-inch (25 nun)clearance to com- bustibles for all parts of the duct within 5 feet(1524 mm)of the appliances. Y Y duct outlet. installed in dwelling units with solid-fuel-burning appliances shall comply with the Type HT requirements of UL 103 and R1006.4 Passageway.Tile combustion air passageway shall shall be marked"Type HT and"Residential Type and Building be a minimum of 6 square inches (3870 mm2) and not more Heating Appliance Chimney." than 55 square inches(0.035 m2),except that combustion air Exception:Chimneys for use with open combustion chain.: systems for listed fireplaces shall be constricted according to ber fireplaces.shall comply with the requirements of UL 103 the fireplace manufacturer's instructions. and shall be marked"Residential Type and Building Heat- R1006.5 Outlet.Locating the exterior pir outlet in the back or ing Appliance Chirmrey" sides of the firebox chamber or within 24 inches(610 min)of Chimneys for use with open combustion chamber appli- the firebox opening on or near the floor is permitted.The outlet ances installed in buildings other than dwelling units shall ' shall be closable and designed to prevent burning material from comply with the requirements of UL 103 and shall be marked dropping into concealed combustible spaces. 454 2009 INTERNATIONAL RESIDENTIAL CODE 6'- 4 3,' , _ f.0 CMU To F.O.CMU 8"CMU BLOCK CLAY FLUE ABOVE GAS FOR LOGSET ASH DUMP MECHANICAL FLUE lco VI o Fresh Air Intake, � Z ) -� EY�T�iLrLc3 (L A701 74 4 3' 8 TRANSFER SLAB BELOW LO Zu —�ji I 6'-0° I8 HEARTH STONE HEARTH STONE 6'_ 3" TRANS ER SLAB 7' OUTSIDE F.O.GYP T 0 OUTSIDE F.O.GYP s Chimne - Plan @ Chimne T ical BOO vr'=,j-ou i r d z d - Mechanical I 3 6" 002 — I FT1 • G.C.TO CONFIRM 1 I MECH. EQUIPMENT (SIZES&LOCATION) _ REQUIREMENTS PRIOR TO ANY INSTALLATION Access Hatch " OF THE EQUIPMENT. 1 for Ash Dump I' - 1 J 4"Diameter Radon Riser I 1 I I PROP SED SUMP PIT IF RE�IJIRED Nc fJ I IID Up _;:o i i 2 26'- I 2 tin IL FID �XT`�t►ly 1L 8'-911 2'-216 11'-8�6" 2'-2-1" -4s ot C. C. vY s T I CERTIFY THAT THIS ACTUAL ROUND IN SURVEY WI NS ACCORDANCE WITH THE LAND COURTEN INSTRUCTIONS OF 1971 ON OR P T 986' JULY 9, 19 84 AND SETEMBER 5 IZ-l REGISTERED.E_: . ..; SURVEY 0 PARKER OSTERVILLE .MASS: RD -- OA BARNSTABLE PLANNING -_ APP.ROVAL:`NO.T.:REQUIRED UND :..:THE SUBDIVISION CONTROL°-1 A DATE: Z 22 0 rn o - rn C.B. FND. O�V 't�'4B 85 59 _ /2 L.C.B. CVS - - 3 2 FND. 85,59 /23 4 ti8s, 6'SS G� 97 P ��o GPI ti 20 43, 560 S. F. Upland 7, 399 S.F. Wetland ,` 3 50 , 959 S.F. Total O<v ti �z cv 21 M � v' 1- (31 7. ,) 43, 560 S.F. Upland C�? ti M 71942 S.F. Wetland cb <vv k 5 1 , 502 S.F. Total Q VOkI p co 5 a 2F 9 C.B. ` FND. - C.B. - y FND. edge o f l M' — T/E 91. 08S , p� B SB4 . 3p _ • 39 M. H.W A s 7,1E /'33 /p 584 - 58 . . .Shown w �i� OF LAND L ANC COURT PLAN c 1N S ��ITTLE IS LA BLE s�c _ �K-. STA TRv 8 REA 30o 4 so . 4 FOR: g3 B ..: fi Lot S 1986 bd��jS10n 0 ECEMgER 17 Su t.: a p 40' .�0RS BAXTER LAND SURVE - REG�STERE CAVIL EN�IN MASS. DEC 1 8 1986 CL i s • 1 'A%J AW �•� � -.. �.._..•.r....:Y:1:iP'kt �� � .��s oi��`�� �a`�� � i3.F 4cF�+3,+.? � '� Y- �' b� r �r i Th ughtf•rms. Corporation 542 Mass Ave, West Acton, MA 01720 0 U I L 0 c n s 92 South Bay Road, Osterville MA 02655 978 263-6019 J I I 0 220B BLtlruom 220C zzo 5ec:A815 O I ' . 5� I I 219A I Bath 219 See:A816 219B iLiSilting Roon- z 7 See:A816 I { 1 Z W � I m � m - D Kitchenette I �J T C'O 0 I to See:A816 ?rm 0 m xrC— m Im cn m II 1LOOR I o II t77 rn�Orn CO m "r S C/) "' v ' nGp EF Cn , Tnoo r -10 T rn m —I rrt r m S;i 218A 216B I = m -1 m p ID �I o ® I � � � nm � m Cn c R" A a Ip T �i I p prn2 m C I Upper Garage Z m p p rm- �p � J m Stair down r' l r mg— rn D \ Ip al= See:AD1) y p -CO)a--) p _C r TTr 1111 v � m Pzo i dotiwt F 2 bi� i o;� a r ` I 1.. 1 it i i i i _ 92 South Bay Road- Garage Wing Unit oO 'S' 2218 0 I 1 0 Imo-\ -0I 1 oRERRVIEIB k I � � � massnwus677s 2 91 £ Ir ��i 1222 Saerin3 $ ri•eeNlt \� n �. tb j•� F I 1 Q \I <\�- \ /.�.I APPIIANCES: Ix7EPr deloe 30- mohood o :pNv92GOsf Miss 2)GE ProNe 30"Mmtdc v-�: ( •� wwF /.,GS•y�-,1 Induction Cook Top -dtL® 'NA I \ 1\ I 31 GBIP,11,C.on[er ikpth -s. s1 `s1 mooch Door Rcfrigmtor a I I I del:pye22psha l3roo woe Joao mm� \� ® TILE. m • I raTsmN[tta u gNRa1S2_ 1 I\`- / r 1�Jlraom Flmr�Showm •\ ., - - l 1 -- I (f -DalNe teysmne Sec: 16 's^'a \ - _ �� �\ p shapes 2i I f', I - _GA 0 2)Shower walls!.%. 1 x' I 1 r, "' I o mi.gloss 4.5,4.5 white r� .198 I r. 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ROOMNOMAME TYPE WIDH HDDHT TNO MAT W THICR MTFW MTFD DOOR nmv®aY¢•. mmA����. BOTH SIGNAT,,P`` .:E REQUIRED FOR PERMITTING 21PA A 3.1 6W 1.La' WDIPED Y W— - ^^- -"'� T1W SIB ENTRY am A 2w b'IV 1-)la• woo Ya• wt-D 219A 321 MTN A 2.1 rllP 1-Va• wo— Ya' wwm N 2198 2118ATH B 2'-2• 611 llr - GIASS STONF N Gbsa Slamn Dwau�dwm.ONahmmauh Flu Rcvicw Sm J-.q U 2013 5 SSW 211 BEDRODMI A 2'-!W b'IV I-Yi• WD'PID YI• wi P STDNF N l2i Revi31oB1 Q Januay 393013 2200 222 REDR I C — 1- I.VI' W—. IN• WWM STONE -A 223 BEDROOM2 2'-lm 6'10• 1-La• W— WD'P[D N Revlslon2 February l9201f 2318 211 BEDRODMI C 6'C 1-31a' WbGID WdPm N (ton of fLRN Am0 .. Boltam RI rWan Aunb 7171 u I Garage Wing-Second Flour Re11nted Ceiling Plan F:lect.riwl Plan y a - Door Schedule anu 21R L.W oO0• w ' CUSTOM wwoWTERIDR B .—SHOWER— ICUBTDM INTEND0. W" w 0E0U 13 DWR PAINT CMDE-TTPIGI PAIW GRADE-TYP GC TO CONRW AND CEMIW1D UNDERCII.M.ALL D{ACf OE3OR SIZES 1 Lri - UPGRADE ''' IMPORTANTU REQUIRED D STATE BUILDING CODE REQUIRES THE UPGRADING OF SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. r ' U1 NOTE: A SEPARATE PERMIT IS REQUIRED FOR THE D INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL t ko 1+ I PERMIT DOES NOT SATISFY THIS REQUIREMENT. N� N • 0, D Wo Jc O V (D o I ✓f ED t� I rt z o � Oe �- �` H fp p n o= 0 Cl I ;.O � N O c I a Nv • O a 0 ARBpNMONp MASS NSrBEINSl(DEA(ARMS ACyUSEI J A( FR cWi SBUi1 D11VCC00E c z 1 0 w O m SMOKE DETECTORS REVIE ED � BARNSTABLE BUILDING DEPT. DATE V o sr N 0) U7 FIRE DEPARTMENT DATE Ln BATH SIGNATURES ARE REQUIRED FOR PERMITTING N NORTH BAY eet St_ Lift ) °�landJ ' �LOCLIS ed. GRAND \ '�•r—. .. ISLAND WEST 84Y LOCUS MAP SCALE: 1" 2,000' ZONE: RF-I MAP 93 - PCL.42 - a Wl DETAIL to' Cb Gl C.B. _ - _--- FND. gees sy `\���e� DETAILdb �O' •� Ie LV 1?3 L.C.B. . S. FND. I � 12 eg,S9_/ef�_ 9 ,\41 I ti 123.0 es. I (See Detail to) ?s, a,1• .. AQ S .--.: 2e T1 N 30w N1ro �C POE /g 5g 9 O HIT OFF OK,, SpU /rC?/0 m' s1` 20 130.g 0w D o 0 `� o \� 43,560 S.F. Upland 505E!, 7,399 S.F. Wetland / - _3j ',( .59- A. 1 3 50,959 S.F.Total 04 e-Sg; j OI NAS � no 03 ' 0 1 ., / , 4 • Z n m ? 21 H o .1 T OFF . ti � p M •' ti , 4 3,560 S.F..Upland ,l p (See.Deloil lb) / T,942 S.F. Wetland. o. �w �� 0 + F 51,'5`02 S.F.'Totol ory 22 N, OyPO , O � 43, 560 S.F. Upland j ;rn ry:y 7,649 S:F. Wetland / 23. A. 41, i 5 1,'209 S.F. 'Total o CV . 43,560 S.F. Upland nr ), 1.46 SF. Wetland o M1pb,D �\q\ / 44,706 S.F. Total _ P C.B. ye6'_/s_5;le y A. N O0 FND. Sr 267.00 y (b i- P •HIT OFF DETAIL 2a See IF 0e9�10 / '9 b2/ O 411V \ f-S75-40-.14W /5, P - �SB1E 151.11 \ ` :T/£ /4/.54 •O m - qr . M.H.W. T/E \ dated As /35 _./O _ '�._ p _5s*'Sg_54W . ' G 81300 �_\_�ii \ (See DW.all 2b), If ryry• - •;Shown �.— 132' b. 'FND.OFF - �Q - y DETAIL 2b 4,. 8730 'PIE ST BaY I CERTIFY THAT THIS ACTUAL SURVEY WAS MADE ON THE GROUND IN ACCORDANCE WITH THE LAND COURT INSTRUCTIONS OF 1971 ON OR BETWEEN JULY 9,1984 AND SEPTEMBER 5,1986. REGISTERED LAND.SURVEYOR :: LAND COURT PLAN OF LAND .7 PARKER:ROAD:. . OSTERVILLE,MASS. - .. :`}•... IN -- BARNSTABLE (LITTLE ISLAND) MASS. FOR: SOUTH .BAY' REALTY TRUST BARNSTABLE PLANNING,BOARD Being a.-Subdivision Cif Lois, 63 81 B4, L.C.C.. 873' APPROVAL NOT,REQUIRED UNDER - - .' OD THESUBDIVISION.CONTROL-LAW.' _ .. SCALE: I" 40' DECEMBER 17,1986 DATE' ii a,flG' BAXTER a NYE;INC. REGISTERED LAND SURVEYORS a. CIVIL ENGINEERS OSTERVILLE,MASS. DEC .1 g 19g5 #•79148 r a N _ NORTH i --� BAY Boy s> Little e Island 8 r LOCUS Rdy ` GRAND 1 � ISLAND WEST BAY I LOCUS MAP SCALE: 1" = 2,000' I ZONE: RF-1 MAP 93 - PCL 42 N W; DETAIL 1® 00 o { V � C) C.B. v FND. 'L�e• T� n, �� -48 85 - /v8e � DETAIL Ib p s9 3� �g �� ro' Vy L.C.B. S 8 - - /23 24 FND. 9� _ _ Z ` r l23.45 (See Detail la) 6 , P ;>/ C.B. NOI,y /6,SS •. 4,j 26 HIT OFF S ��o ' � ,No 08 GP�P N 82 2 ;6 / O � •�` O O ti 20 (30 f6, 6 3 0 ,QO �r SO 2 , O 5 43.1 560 S. F. Upland o8g3 J 8 .525E 1 ,0 7, 399 S. F. Wetland 30 � ' S9 Al 3 o 509 959 S.F. Total s'SS �/ rJAS <Vv roe, hp A. cV R.L.B. n� �� 21 �' �� HIT OFF ^�O � toCo 0 (See Detail 1 b) , 43, 560 S.F. Upland � _ q� 'IV - 7, 942 S.F. Wetland cvo' jvv 5 1 502 S.F. Tot o f 22 �Q G ' co �4 �� v qq�F CO 43, 560 S. F. Upland 7, 649 S. F. Wetland 23 0 s � 1 o o`�a �i2c 5 1 , 209 S. F. Total `� N s 1� C �\F d• 43, 560 S.F. , Upland 11 146 S.F. Wetland \� 96' \� / 4 4, 706 S.F. Total N ' S o N 3 j co cr o ss co N C.B. FND. N A- N �O Q, , o 67 1 co C.DB. FN _DO y . _ - b,4 40 C.B. v -- - r-r-- � or � r - - F -- - L T .,� r.. .--+ram � See �ti/ Detail 2a edge N T of ,.29� 2 20 Q� . 08 S75 - 40 - /4W �5i G _ T/E /5/ // \ TIE /4/. 54 rn ry S q B _ 0 3g� � .\ 158 + 3 ti t M. y�• , As � T/E /33 /o � tdd ed to- 8. . . _ g _ ,•Shown 'S 4 ¢ •• 87300 �. ' '•: (See Detail 2b) ,� CV- C.B. ti FND. OFF ' �Q 3 2 ± I i DETAIL 2b i i i o� L . C. C. 8 7 3 0 D �ST / I Q V I I CERTIFY THAT THIS ACTUAL` SURVEY WAS MADE ON THE GROUND IN ACCORDANCE-WITH THE LAND COURT INSTRUCTIONS OF 1971 ON OR BETWEEN JULY 9, 1984 AND SEPTEMBER 5, 1986. i DATE: _ LAND COURT PLAN OF LAND REGISTERED LAND, -SURVEYOR 7 PARKER--ROAD OSTERVILLE, MASS. ' i IN (LIT TLE ISLAND)BARNSTABLE MASS . _ . _ FOR: SOUTH BAY REALTY TRUST BARNSTABLE PLANNING BOARD 3 4 Being a --Subdivision of Lots B & B L.C.C. 8730 U APPROVAL NOT REQUIRED UNDER SCALE: 1 BER 17, 1986 THE SUBDIVISION CONTROL-.LAW. _ E: .. 40' DECEM BAXTER a NYE, INC. 2Z�8fa REGISTERED LAND SURVEYORS DATE: 1 I a CIVIL ENGINEERS ,.. OSTERVILLE, MASS. i r 4 DEC 1 8 198 i # 7 914 8 i I ! a i BRIDGE A. ST. { i ti o- HARRY A . 8 VIVIAN T. JENKINS WEST BAY cj r CERT. NO 21421 BOOK16i 41 I _ 31867 248 37 i I 43 LOCUS • i / STK SET I SCALE I"= 2,000 S I �39 23 6 T o I Gl ADYS BROOKS THAYER I CERT. NO 20687 C.B.- COA 1 w 2Sp 99E 25°57'50"E 41 . 13 cl! r `C S. FND. KNOCKED z .36 S A tat se, 1A (D d,>' 1 I w o`v LOT i F a w S L O T 2 3• 3� 0 4 4,66 0 °' + r. 4 4, 46 0 °'t 3 f O C 8 h O Of N h 3 FND. co N 3� a _ r; Z N ° LOT 3 CB.FND. ' Altv ° m a 48, 64001 I �� QR7 AXEL H. ANDERSON S ANNA E. ANDERSON 'S/a c0 CERT. NO 16160 ,.. � �C - n0 C.B.FNQ N DATE APPROVED NQV 15 1971 10.0 I 1 .24 8 3• S 5.. '' 4 ,ti 17� ' T 3 � a ,3 DATE SIGNED DEC 2 0 1971 ►2 _ C.B.FNQ - - d-00 i o� v BARNSTABLE PLANNING BOARD I S5• >N85°59 18"yy - 00 I 04 W R= 38.68 o c 4 - -> ° - ov 2 i gg -- - 9 \�C8FN6- 26 " 184. 66, A _ 51 d2 ? 93 30 W T 198 a _0S 83 , W 3 6.8417 p3541 — -------- �/ - -3. 20 PRIVATE WAY - - 40' WIDE i_ N D. _ fJAI T= 30.00 o R= 3018 , A`= 47.23 14 r D FORBES WILL 8 LOUISE V WILL W CERT. NO 43058 i STK SETuj oc ' u_ -J L O 4 A ' 'r W W e r v Y I 2 A � o LOTBs p M V W L0TB3A F 1.21Atcr N }� N o o m N It1 60 A+ cv a 1 W 41 tT N +i cD i WN _ p cn co o �B.SET i 3 z "�N I HOWARD W.SEARS CLERK OF THE TOWN OF ', STK: SET v e � BARNSTABLE , HEREBY CERTIFY THAT THE E YV NOTICE OF APPROVAL OF THIS PLAN BY THE 22" _ -- ----- - - 3 BARNSTABLE PLANNING BOARD HASBEEN j -- RECEIVEO AND RECORDED AT THIS OFFICE 04_ f- AND THAT NO APPEAL WAS RECEIVED .DURING r 5 84°=------ gOT 47 4/ THE TWENTY DAYSNEXTAFTER SUCH RECEIPT I Q AND RECORDING OF SAID NOTICE ' - ; C.B. FN D. OF_ � , ocE - a OEC 2 2 1971 Ml`_ DATE TOWN CLERK I HIGH gyp,Py t SUBDIVISION WEST `BAY LAND COURT PLAN OF LAND IN CERTIFY THAT THIS ACTUAL SURVEY BARNSTA ' WAS MADE ON THE GROUND IN ACCORDANCE B LE MASS. a FOR WITH THE LAND COURT INSTRUCTIONS OF 1959 BETWEEN JULY 1971 and SEPT. 1971 TIMOTHY J. SHEEHAN JR . ETUX BY CROWELL and TAYLOR CORP. r DATE SURVEYOR YARMOUTH PORT, MASS. � SCALE 1" = 60 SEPTEM,BER 1971 HEREBY CERTIFY THAT THIS PLAN WAS 1 "m MADE IN ACCORDANCE WITH THE t . BARNSTABLE PLANNING BOARD REGULATIONS AND THAT THE PERMANENT POINTS SHOWN HEREON ARE IN EXISTENCE ON THE GROUND DM S VEYOR i � C• 5 5; 2 t F BAXT �ER NYE I� A ENGINEERING & } _ SURVEYING e„y Registered 9 stered Professional Engineers .�— _ _ _ and Land Surveyors S _ y�ors 0 _ qq � 1n BAY _ 1 R 4 _ 0_ AD W >Hnv 78 No rth Street 3rd Fl eta Sarn+ oor t o �T � Y fowl BA S� 1 b E 1 .. 23• Hyannis, nis Ma ssachusetts assachusetts 0 1 s 30• 260 E 0 6Q, -a 38' b ` Phone 508 1 7 502 - -Fax 508 771 76 � 22 3 POW www.boxter—nyo.com com 1 6.6' t g - AMPLOCUS NOT 71D>liOALE STAMP STAMP S y M g S d N O i J i1 W p U �2pp g< O _ m oa N . a no < Z o, m t� L O T 7 < 0 m a O F UPLAND <W CONSULTANT m J W W Z z 7t 93squre Fitt �� u DYES •cc� I c� ERAL 1. Acres t v� m o 65 19.68 W �.aF < W N n n n N a - 1. LOCUS AREA ao IS OOAIPRRSED OF. p n F c.� x a. n o O 1IIETLAND 2�i J to _ F �S MAP 093 P 04 1 z < PARCEL 2 00 - 1210 Ci 9 557 Feet t m f W O Z 0.22 Acres , a � `y c� < z CONSULTANT m z _m < TOTAL < a RECORD OWNER. SHARKANSKY ROBER'f 8: EININWY JOFIN E TR d 81480 Fist STEPHMNE L ROGERS 3 1.87 Aces t a: 14.5 WAY ti g BEARD v� m MA 49 -1� 02 2 038 o _ WEEDFWI, m vl k' p x LINO COURT CERT. W. 2001l15 ... z W < a < T U • .OF / 2. MRiFINV - �- g 17 PROdECT IS CEIVIERVNJF OSTERVNJF mZ� 1 MNtSTONS MILLS FIRE DfSTR1Cf.< PREPARED a N FOR F- W •H O U F- O .r 3. o ZONING NrFORMATION 3E 1!' < .., - Thou htf�Z rm o sCorp. ar • C MP OF ZONING DISTRICT . RF 1 R g T1� COASTAL es+den6d �u. e�wc 54 M..-- 3 Massachusetts us tts Ave. a IuM zoZONINGRE�lvr a f �►NG West Acto n, MA 0172 Pou�n+nr>M INNd. LOT >> 0 AREA a 20 s.� MIN. �oT FRONT _ _ _AGE 2O 978 2 63 6019 ar , 1� OF INN. � A 1E LOT IMDTH 25 N COASTAL , 7 K , � BJIN( a SIDE & REAR YARD 15 1 5 FRONT.YARD 30 OVERLAY OfSTRfCiS. RPOD 8: AP RECREATIONAL SHELLFISH AREA 8: SFEt1FTSH RELAY AREA DOCK & PIER . OVERLAY DISTRICT 1 m l ♦ - TbIMI ABLE ZONING BOARD of APPf/4LS CASE No. 2012-036 FOR V oo�sr ARIMICE ISSUED AL B�alc .3T �' AND RECORDED AS LAND COURT DOCUMENT No. 12 02446. 4. COMMUNITY P OOS7ING ANEL NUMBER: 250001 0018 D SON 11� fL000 N�.SURANCE RAZE MAP TENS AREA AS V1� ... CON DEFINES ZONES 7 EL 14). TROL .� A13 EL 1.�. 2 AND B T D.E■P. File 7 -50�4 o►�a of c« 1_, 2 s . FEM 2/ /� 201� 1 3 EL 1 � 2 0' /B.F SIM am I ...•... 7 . ZONEV1 . . Soo � FEYI► i S 7� O lel 3T , E / w / co/ i m 3 T - F-- AREA t � 3 C2 _ H 2 • U w �- • o O m 06-17 2009 -H � N COASTAL RESOURCE AREA /. n. DELINEATION llool p Z O H - a HIGH WATER r SCALED FROM LAND M COURT PLAN 8730 F co E AN H w Fl G/1 DECO�IBER 17 1986 E W CD C OC A 1ER o M A LI A n N R ON E CH D 2 0 A . _ 1F . 2 .. 0 1 0 c c w !D N OF M q P s F, s Q 9 a ti 0 d' o G EXISTING PIER SHANE M. m SE 3-1187 CD 0 BRENNER cn in .. .. m o WATERWAYS LICENSE 528 4 917 No. 5 o w o O 0 0Co F J S7 Q J Z i" ' 0 m b N • A m SHEET TI TLE LE _ • ■ 3 v NVST Foundation - rt�fi Certification n B ao A Y w CERnFY THAT TO THE sT M E BE OF Y KNO WLEDGE TH -WLEDGE E EXISTING STRUCTURES SHOWN HE REON IS p o Lan IN COMPLIANCE WITH THE APPLICABLE BARNSTABLE ZONING DISTRICT SIDEU E N AN d 0 SETBACK REQUIREMENTS AND IS NOT LOCA a TED WITHIN A SPECIAL FLOOD HAZARD AREA. SHEET NO d. THIS .PLAN IS NOT TO 8E RECORDED NOR IS IT TO BE USED TO ESTABIJSH .PROPERTY UN ES. 0 N 100 O O - N 3 RE LINO SURVEYORBAXTER NYE ENGINEERING dt SURVEYING DATE . 06/26/13 w 30 0 30 60 SCALE 1N FEET SCALE _ 1"= 30 o DRAWN/DESIGN BY. UTM "CHECKED BY. s1N 01 o JOB N O. Zpp2-075- C A D D FILE: CPP-ROGER$ 0 - - -= -------------- -- ---- --- -- -- '= -=- - SE OAD t ti BAXTER NYE Ti k!,' _ ENGINEERING F, zt, ,- 3 SURVEYING BAY STREET ' ! Registered Professional Engineers -`'� 28.56' I and Land Surveyors TM � CB/SEAL FND 25.11' ' r so„ o • I 78 North Street - 3rd Floor � ,off BAY SITE 'o� - —_ _ N 85'S918 W 153.670 TD CB/SEAL FND Hyannis, Massachusetts 02601 � . r� _ SOUTLT CB/M FND 123.24PPm BAY Phone (508) 771-7502 b RLB Ro_�_____- s80 PIED �� I LnrE BEARING DISTANCE fax 508 771-7622 �c rARKER — _ _ WAY L1 N 06'22 40 E 20.02 ( ) r www.boxter-n com " L2 N 06'25 40 E 10.00 • S 85'59'18• E 123.45' L3 S 79'14 5 E 10.00 LOCUS MAP L4 N 7(r37 22 W 10.11 S82"26'3p• / STAMP STAMP NOT TO SCALE 16.55' E 3M'55' 97,08• N 8276•30• [N 406.77' Tf) 130 50' 376.76' x x 3Qp1• X 17. I x 0 ao ... h 13242, I xQ x N L O T 'B• I UPLAND CONSULTANT 4: x Ac 64.001 Square Feet t I 17' 0 1.47 Acre t x o shape factor - 19.61 ' IWETLAND x L O T 'A• 12.982 Square Feet f f I to UPLAND 0.30 Acres CONSULTANT . x - 71.924 Square Feet t I �2 1.65 Acres t v TOTAL AREA w x shape factor - 19.68 �' 1.77 Acresf I � � OD I VIEILAND 2 13,438 Square Feet t 0.31 Acres ' Ix � ,•°�' TOTAL AREA J PREPARED FOR : W M362 Square Feet # 1.96 Acres t PI) Paul & Phyllis Fireman c/o PFP Associates N g .. Suite 905 Z � I PARCEL 042-003 S 1601 Forum Place 3 • BARNSTABLE ASSESSORS MAP 093 PAR 8 g - � y NF TERRANCE J. HAGGARD, ET Ux. W. Palm Beach, FL 33401 58 SOUTH BAY ROAD ' H CERTIFICATE OF TITLE No. 121799 27' ' 58' LOT 6 AT LAND COURT PLAN No.!8730-F EXISTING 1 - 1/2 �� FRAME pTORY GENERAL NOTES : BUILDING"OCAnON ST 20. 2010 DATE; <... 1 0 1. THE INTENT OF THIS PLAN IS TO DETAIL A PROPOSED LAND DIVISION. 3 g 2.) LOCUS AREA IS COMPRISED OF 28' Co � ASSESSORS MAP 093 PARCEL 042/001 CERTIFICATE OF TITLE. 195990 y CB/DH NOT fTrO Q LOTS 3 do 4 0 LAND COURT PLAN 8730 F ASSESSOR S MAP 093 PARCEL 0421003 BARNSTABLE ASSESSORS MAP 093 PARCEL 044 CERTIFICATE OF TITLE: 195990 LOT 5 0 LAND COURT PLAN 8730 F N/F PAUL FIREMAN, ET UX. ca m APPLICANT. PALL FIREMAN, ET UX. 116 SOUTH BAY ROAD PFP ASSOCIATES Z to 3801 PGA BLVD - SUITE 910 CERTIFICATE OF TITLE No. 117773 PALM BEACH GARDENS, FL, 33410 LOT 1 AT LAND COURT PLAN No. 8730-E * ' L Q N h 3.) PROJECT IS WITHIN CENTERVILLE - OSTERVILLE TOTAL PARCEL' AREA o WMARSTONS MILLS FIRE DISTRICT. EASEMENT AREA UPLAND and WETLAND ' w ; N � 162,345 Square Feet t i 4.) ZONING INFORMATION 1.348 Square Feet t 3.73 Acres - t 0) t7- ZONING DISTRICT : RF-1 (Residential) 0.03 Acres t I- C 6' x 6' CB/DH FND F- ca m CURRENT MINIMUM ZONING REQUIREMENTS: w > MIN. LOT AREA = 87,120 S.F. WF A-12A WF A-12B ' QfLa mID MIN. LOT FRONTAGE = 20' N CB/1DH N •� MIN. LOT WIDTH - 125' A-11 A WF A-1 NON-RECORD a N ...I O FRONT YARD = 30' SIDE & REAR YARD = 15' / 15' UPLAND BOUNDARY OVERLAY DISTRICTS: RPOO, AP AND ZOC SALTWATER ESTUARIES I WF A-138 A A Q A-16 FOLLOWS LIMIT OF DUNE AND ANNUAL STORM WF A-5 FLOODING/FLOWAGE - EL 4.0 (TIDAL FLOOD WF A-9 _ A-10 WF A-14 0 WF A-15 W Z PROFILE 9, PLATES 22 do 23 C. 0. E.) WF A-3 0 5.) A TITLE SEARCH HAS NOT BEEN PERFORMED FOR THIS SITE IF DEIERMMVED WF A-2o WF A-s WF A-1 WF A-18 a TO BE NECESSARY, A TITLE SEARCH SHALL BE PERFORMED BY OTHERS. - b A w a • 6,) THE PROPERLY LINE MIFORMATION SHOWN IS BASED ON CURRENT AVAILABLE RECORD PLANS AND DEEDS. WF A-t INFORMATION CONSISTMIG UPLAND BOUNDARY- { WF A-8 W I >3 co w THE EXISTING FEATURES SHOWN HEREON WERE OBUMIED FROM AN ON THE GROUND FIELD fl A w ` o WF A-7 � • FOLLOWS LIMIT DUNE A4 0.ANNUAL STORM Cr SURVEY PERFORMED BY BAXTER NYE ENGMEERMIG & SURVEYING BETWEEN THE DATES OF *I c FLOODING/FLOWAGE GE EL (TIDAL FLOOD 08/16/2002 AND 0510212012. o P ^ PROFILE 9, PLATES 22 do 23 - C. O. E.) N Z Q I �,7.) COMMUNITY PANEL NUMBER: 250001 W18 D w h THE FLOOD INSURANCE RATE MAP DEFINES THIS AREA AS ZONES V17 EL 14), a A13 (EL 12) AND B J I o 8.) ENVIRONMENTAL INFORMATION: }coMEAN HIGH WATER ^ r • SITE IS NOT WITHIN AN AC.E.C. (AREA OF CRMCAL ENVIRONMENTAL CONCERN). I FIELD LOCATION DATE: O " �; • SITE IS NOT WITO AN AREA OF ESTIMATED HABITAT OF RARE WILDLIFE PER MARCH 20, 2012 2 NHESP MAP OCTOBER 1, 2008 'ESTIMATED HABITATS OF RATE WN.OLIFE' T SHEET TITLE MA WETLANDS PROTECTION ACT REGULATIONS 310 CUR 10. MEAN HIGH WATER �.� FOR USE WITH THE ( ) FIELD LOCATION DATE: Approval Not Required •SITE DOES NOT CONUIN A CERTIFIED VERIW POOL PER NHESP MAP OCTOBER 1, 2008 MARCH 20, 2012 L4 BARNSTABLE PLANNING BOARD pp q i 'CERTIFIED VERNN. POOLS.' APPROVAL UNDER THE SUBDIVISION Land Recinnsion i' •SITE IS NOT WIIMIV A PRIORITY HAWAT PER NHESP 6MP OCTOBER 1, 2009 'PRWITY CONTROL LAW NOT REQUIRED C; HABITATS OF RARE SPECIES' FOR SPECIES MM THE MASSACHUSETTS ENDANGERED C. SPECIES ACT, REGUUTM (321 CMR10). DATE: SHEET NO •SITE IS NOT WRMN A STATE APPROVED ZONE I GROUND WATER RECHARGE PROTECTION S AREA C1 n ', r • SUE IS wrTHIN A ZONE of CONTRIBULION TO A SALTWATER ES►LMRY (BARNSTABLE B:O.H. - DATE : 05 23 1 2 REG. 360-45). 30 0 30 60 • WETLAND PORMN OF THIS SITE FALLS WMW A MAPPED DEP 8 RM BEACH - SALT MARSH. NOTE: NO DETMI M PON AS TO COMR 4CE WTIH THE ZONMG ORDINANCE •COVASTAL RESOURCE AREA DELINEATION PERFORMED 06-17-09 BY RE ENTS FMS 8ED4 OR SCALE IN FEET QUIREM MADE MTTENDED BY THE ABOVE = LORI MacDONAL.D, ENVIRONMENTAL SCIENTIST, BAXTER NYE ENGINEERING SCALE :1- 30' do SURVEYING. DOORSEMENT. DRAWN/DESIGN BY: ,JRE/M1M CHECKED BY: MWE n J 0 8 NO: CADD FILE- 2002-075-2 20()2-075-2CON.dwo 0