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HomeMy WebLinkAbout0045 SETH GOODSPEED'S WAY 416 Sev, Goo�cl sperms TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map bqo Parcel: TOWN OF BARNSTABLE -APp lication Health.Division 7516 1!,! 1, 0 Pm i. i Date Issued Conservation Division Application Fee Planning Dept. - Permit Fee Date Definitive Plan Approved by Planning Board DIVISION Historic - OKH _ Preservation / Hyannis Q "— 1- .A IL Project Street Address ' s — Gf fV2 U. U Z6 Village Owner �� N ���(,�Z�y c,.�lJ J/> Address �"� .rL=n-f Gl C--iA-�, Telephone S'b� � J> ©— 2, 276 Permit Request6 z^ 46~ 111 2�e -6 i4 a w�e Ad ��y ��L%ice f�'n�?cr ��t✓1A1 1: �v !m :74..J �� J O (l Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuatio 'a O b bConstruction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family .❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑ Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing 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 0 Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name [ULd �k 3 Telephone Numbe Address pd d1 A License # Oa �I?1'71:_--0(,Jk V"*—k N_-77 / Home Improvement Contractor# Email Worker's Compensation # d,� Y1 02 d 1 d U ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO {%il _ SIGNATURE DATE FOR OFFICIAL USE ONLY APPLICATION# a DATE ISSUED MAP/PARCEL N0. ADDRESS VILLAGE - OWNER DATE OF INSPECTION: - FOUNDATION �. FRAME - INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING - DATE CLOSED OUT ASSOCIATION PLAN NO. t : �oyngBi�QQfiAg: Fax:.-508:=79q 400 4i�c�-its$-$6211438 • Ptopeety O.W. Ill. -c (�rae�+woe� xh:subectPxO ? Y is in 2R mato�cs.r&ijve to woikauthorized bytiiC buildingeim pen applrcatfon f or _ f/ s *D``Pooi fences=4 claims ar-e tbp i7espoiis yof't�e^app�ii �Pools o� are norm be.filled.or urilized before fezice.as.installetl"arid all fuial mspecoioos are prdonned and accepted. lc 5s x $i e.O :Owner Signature; AppU t r Sc,a✓� ° Pzmi NamePriest Nari3s w S- ;Ditte r \ The Commonwealth of Massachusetts Department of Industrial Accidents a 1 Congress Street, Suite 100 Boston, MA 02114-2017 ,• " www mass.gov/dia Iv orkers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Le ibl Name (Business/Organization/lndividual): e- trp Address: P n 8 ex 10 S City/State/Zip: S L, AM 03111 1 Phone 4: aov-�J Lf - /01-0 Are you an employer?Check the appropriate box: Type of project(required): l. am a employer with l() employees(full and/or part-time).* 7. New construction 2.❑I am a sole proprietor or partnership and have no employees working for me in 8. Remodeling any capacity.[No workers'comp.insurance required.] 9. ❑Demolition 3.Fj I am a homeowner doing all work myself[No workers'comp.insurance required.]' 10 Q Building addition 4.O 1 am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers'compensation insurance or are sole 11.[]Electrical repairs or additions proprietors with no employees. 12.[:]Plumbing repairs or additions 5. I am a general contractor and I have hired the sub-contractors listed on the attached sheet. These sub-contractors have employees and have workers'comp.insurance.t 13.❑Roof repairs 6.❑We are a corporation and its officers have exercised their right of exemption per MGL c. 14.®Other .G^j Z c& 152,§1(4),and we have no employees.[No workers'comp.insurance required.) Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. 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. 1 am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: S � �• S 11 rr Policy#or Self-ins. Lic.#: L�L ���J�pZO I Oo Expiration Date: 4 b Job Site Address: 1 S- G ov d�re ea Lj .. City/State/Zip: Attach a copy of the workers' compensa f�on policy declarati page(showing the policy number and expirationdate). vLb J� Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Si nature: Date: 6�; 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#: r Client#: 317787 RETROFITINI ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/05/2015 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 sucr;endorsement(s). PRODUCER CONTACT NAME: HUB International New England PHE FAX acON N. E:t:978 657-5100 A/C N,; 978-988-0038 222 Milliken Blvd EMAIL Fall River, MA 02722 ADDRESS: 508 235-2200 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Star Insurance Company 18023 INSURED INSURER B: RetroFit Insulation,Inc. PO Box 105 INSURER C: Seekonk, MA 02771 INSURER D: 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 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 I TYPE OF INSURANCE ADDL US POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MM/DD MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY DAMAGE JO RENTED PREMISE Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL d ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JEST LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident S AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ H I I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS $ A WORKERS COMPENSATION WC084520100 08/02/2015 08/02/201 X wC AND EMPLOYERS' Y/N LIABILITY TO Y LIMIT OTH- ANY PROPRIETORMARTNER/EXECUTIVE E.L.EACH ACCIDENT $1 OOO OOO OFFICER/MEMBER EXCLUDED? a N/A (Mandatory in NH)if yes,describe under E.L.DISEASE-EA EMPLOYEE $1 OOO OOO DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1432002/M1432001 RB004 Office of Consumer Affairs and Business Regulation F" 10 Park Plaza - Suite 5170 Boston$ Massac setts 02116 Home Improvement Cotor Registration n.,� Registration: 160461 Type: Private Corporation Expiration: 7/29/2016 Try 252915RETROFIT INSULATION, INC. JOSEPH REILLY P.O. BOX 105 :!, ,:: ,r , . . 1 SEEKONK, MA 02771 - Update Address and return card.Mark reason for change. SCA t c+ 20M-05/11 Address Renewal Employment ❑ Lost Card Office ofC Consumer ff Ir &Business Regulation License or registration valid f ME IMPROVEMENT CONTRACTOR or Indiritu use only before the expiration date. If found return n to: UIlrelgIstratlon: c:1�bb61 Type: Office of Consumer Affairs and Business Regulation iration:,.:,74 private Co 10 Park Plaza-Suite 5170 Corporation g RETROFIT INSULATI IN Boston,MA 02116 �SN;:I(sl��;„�:�';•.��°,�' JOSEPH REILLY ' '•i '.:(.:.i., - 644 RODMAN STD FALLRIVER,MA 02721 Undersecretary 4jotgalidthout signature of Public Ma�taaCEtta. ; �- Board of`BteilBlefB Ra fd stud StsConstructibn ntl" '~. Wft Snitenlu,r Sneeitsite• i, tit.'r JOSBII'N Jt1itLL ��`. ', xt , PO BOX i e�t� See1a)nk�MA U27$1 ° `,! • i Explration ! OWOBIZO'17 --- Doti ��`� 1� � 2�� �3 � 1 C� 3 `� S ,,[ � S � � o0 o S �� C � `` P � �sT' . , . � . SUPERIOR COURT S,ARNSTABLE SS FILED JUG! 13 2005 Anthony Alva Attorney at Law �• � Clerk 0 3291 Main street, P.O. Box 730 Barnstable, Massachusetts 02630 Phone # (508) 362-8342 Fax # (508) 362-7770 June 13, 2005 BARNSTABLE SUPERIOR COURT ATTN: Mr. Scott Nickerson, Clerk P.O. Box 425 Barnstable, MA 02630 ✓� y RE: Docketing of Complaint Judith Greenwood V. Barnstable Zoning Board of Appeals , et.al. tv rn Dear Mr. Nickerson: Enclosed for docketing you will find the above referenced complaint along with its exhibits and my .notice of appearance for the plaintiff. If you have any questions please feel free to contact me at any time. .r' Sincerely 0 a An a cc: T wn Cler , Town of Barnstable Bar le -Zoning Board of Appeals Daniel M. Creedon Jeremy Gilmore Gail Nightingale Richard L. Boy O Randolph Childs J. Greenwood I r (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT TORT MOTOR VEHICLE TORT EQUITABLE RELIEF (902untonfuEa1#4 vr# Masz2t.C4Uzz##5 BARNSTABLE,ss. SUPERIOR COURT No. Judith Greenwood, Plaintiff V. Barnstable Zoning Bd.of Appeals Jeremy Gilmore o) Daniel M. Creedon Gail .NIghtingale o Richard L. Boy, t ca Randolph Childs, VS. as they are members z, and.alternate members of � the B.O.A. Defendnat.s n rn SUMMONS To the above-named defendant Anthony Alva, Esq. You are hereby summoned and required to serve upon..............:......................................................................................................... ........................................................................................................................................................................plaintiff's attorney, whose address is 3291 Main St., Box 730, Barnstable, MA 02630 ...........................................................................................................................................................................................................................I an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. Witness, 13ARBARA J. ROUSE Esquire; at Barnstable,the...........13th....................................................... " day of........June.................................................................,in the year of our Lord two thousand and ......fi.............ve................................... Lp ", Clerk NOTE: When more than one defendant is involved, the names of all defendants shall appear in the caption. If a separate summons is issued for each defendant, each should be addressed to the particular defendant. NOTICE TO DEFENDANT You need not appear personally in court to answer the complaint but if you claim to have a defense, either you or your attorney must serve a copy of your written answer within 20 days as specified herein and also file the original in the Clerk's office. DOCKETNO.(S) Trial Court of Massachusetts CIVIL ACTION COVER SHEET Superior Court Department County: PLAINTIFF(S) DEFENDANT(S) Judith Greenwood Barnstable Zoning Bd.of.:.Appeals, et. al. kORNE',FIRM NAME,ADDRESS AND TELEPHONE ATTORNEY.(if known) �rithony A1va;. Esq:, 3291 Main St. Robert Smith, Esq., Ruth Weil, Esq., T. Bax *730, Barnstable, MA 02630 David Houghton, Esq. Board of Bar overseers number: 633858 Origin code and track designation Pace an x in one box only: El4. F04 District Court Appeal c.231; s. 97 &104 (After ' .1'.F01 Original Complaint' .' trial) (X) ❑ 2: F02 Removal to Sup.Ct.C.231,s.104. ❑ 5. F05.Reactivated after.rescript; relief from (Before trial) .(F) judgment/Order(Mass.R.Civ.P. 60) (X) ❑ 3..F03 Retransfer to Sup.Ct.C.231,s.102C (X) ❑ 6. E10 Summary Process Appeal (X) . TYPE OF ACTION AND TRACK DESIGNATION (See reverse side). . CODE NO: TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? Co 2 Faxt. ( F) ( )Yes {X ) No. The following is a full, itemized and detailed statement of the facts-.on.which plaintiff. relies.to determine money damages. . For this form,'disregard double or treble damage claims; indicate single damages only: TORT CLAIMS (Attach additional.sheets as necessary) A. Documented medical expenses to date: 1. Total hospital expenses . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $. . . . 2. Total Doctor expenses . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $.. . . . 3. Total.chiropractic expenses . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . i 4. Total physical therapy expenses . . . . . .. . . . . . . . . . . . . . .. . . . . . ... . . . . . ... . . . . . . . . ... . . $ . . . . . . . . . . . . . 5. Total other.expenses (describe) . . . . . . . . . . . $.... . . . . . ... . . . . . . . . Subtotal $ . . . . . . . . . . . �. Documented lost wages and compensation to date . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . $ . . . .. . . . . . . . . . C: Documented property damages to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . D. Reasonably anticipated future.medical and hospital expenses.. . . . . . . . ... . . . . . . . . :..: . . . . . . . . . : . $ . . . . . . ... . . . . . E. Reasonably anticipated lost wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . : . . . . . . . . F. Othier documented items of damages (describe) $ . : . . . . . . . . . . . G. Brief description of plaintiff's injury, including nature and extent of injury (describe) <: o TCPE L:$ . --. . . . . . CONTRACT CLAIMS c° (Attach additional sheets as necessary) Provide a detailed description of claim(s): ca ca. r TOTAL $. . . . . . . PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT I hereby certify that I have compile I h the requirements of Rule 5 o e S reme Judicial Court Uniform Rules on �pute Resolution (SJC Rule 1• requiring that I provide my clie . h i formation about court-connected dispute . olution services and dis s with them the advanta es adv nt s of the various methods:' Signature of Attorney of cord DATE: AOTC-6 mtc005-11/99 .A.O.S.C.1-2000 - COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS . BARNSTABLE SUPERIOR COURT DOCKET NO. JUDITH GREENWOOD PLAINTIFF ) s V S . ) "' c+ BARNSTABLE' ZONING < a BOARD OF APPEALS, ) w DANIEL M. CREEDON, ) JEREMY GILMORE, GAIL NIGHTINGALE, RICHARD L. 'BOY, ca ) c�ri rn RANDOLPH CHILDS, AS THEY ) CONSTITUTE THE MEMBERS AND/OR ) ALTERNATE MEMBERS OF THE ) BOARD OF APPEALS OF THE ) TOWN OF BARNSTABLE, et . al . ) DEFENDANTS ) NOTICE OF APPEARANCE PLEASE DOCKET MY APPEARANCE FOR FOR THE PLAINTIFF IN THIS ACTION. ec ulysu Plaintiff, by her att ney, ony BBO # 633858 Attorney at Law June 13, 2005 3291 Main St. , Box 730 Barnstable, MA 02630 (508) 362-8342 I � 1 j COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS . BARNSTABLE SUPERIOR COURT DOCKET NO. JUDITH GREENWOOD PLAINTIFF ) Complaint Under VS . ) G.L.c . 40A, § 17 , G.L.c . 231A, . and BARNSTABLE ZONING ) for Addition 1 BOARD OF APPEALS, ) Relief N o DANIEL M. CREEDON, ) �' JEREMY GILMORE , ) CO GAIL NIGHTINGALE, ) _ CFO RICHARD L: BOY , RANDOLPH CHILDS , AS THEY CONSTITUTE THE MEMBERS AND/OR ) ALTERNATE MEMBERS OF THE BOARD OF APPEALS OF THE ) TOWN OF BARNSTABLE, et . al . ) uy M DEFENDANTS ) Statement of the Case Since 1983, the plaintiff has had miniature pet horses at her home, and by this action, she is appealing a decision by the Barnstable Zoning Board denying her the right to keep those pets at. her property. On May 24, 2005, the board denied her a petition for a conditional use, and/or special permit, and/or variance, to 1 allow the plaintiff to cont' e t horses on her 0.37 acre lot locat d t 45 Seth Goodspeed's Way, Osterville, MA 02655. Said locus conta me, owned and occupied by the Plaintiff, along with a fenced area and shed for } 1 the miniature horses. i This action seeks relief under the appeal provision of the Zoning Act, M.G.L.c.40A, S 17 , and other relevant sections, as well as declaratory judgment pursuant to M.G.L.c.231A. THE PARTIES 1. The Plaintiff, Judith Greenwood, and resides t 45 Seth Goodspeed's Way, Osterville, MA, 02655. 2. The Defendants, Daniel M. Creedon, Jeremy Gilmore, Gail Nightingale, Richard L. Boy, Randolph Childs are members and/or alternate members of the Barnstable Zoning Board of Appeals within the Town of Barnstable. Their addresses are as 1 follows: 1 DANIEL M. CREEDON 49 Links Lane, Marstons Mills, MA 02648 JEREMY GILMORE - 83 Dunaskin Rd. , Centerville, MA 02632, GAIL NIGHTINGALE - 32 Sunset Ln. , Osterville, MA 02655 RICHARD L. BOY - 50 Sterling Rd. ,Hyannis, MA 02601 RANDOLPH CHILDS - 34 Shirley Pt. Rd. , Centerville, MA 02632 1 2 THE FACTS I 3: 45 Seth Goodspeed's Way, Osterville, MA, 02655 is a lot approximately 16,522 square feet in size (hereinafter the "locus" ) , upon which the plaintiff resides in a three bedroom single family home. 4. Since 1983, the plaintiff, Ms . Greenwood, has kept miniature horses (hereinafter the "miniatures" ) , measuring about 34 inches in height when full grown, at the locus, having at any one time four such miniatures. 5. The photos marked as "Exhibit 111 , attached hereto and i incorporated herein by reference in their entirety, show the actual yard of the locus, which the plaintiff calls "Tuck Away Farm" , the fenced area, and the comparative size of the miniatures with adults, and children. 6: Ms. Greenwood has kept the miniatures as pets, not for profit or sale, and she has regularly allowed special needs children and others to come on site to for therapeutic purposes and as a public service. 7. The miniatures do not require the land area or stables of full size horses, and on information and belief, these miniatures, because of major anatomical differences when 3 compared to full sized breeds of horses, are considered "exotic pets" and not full bred horses. 8. Since 1983, Ms. Greenwood has kept the locus in good and clean condition, and currently has about eight rabbits and a dog as pets. 9. Said miniatures do not create an odor or nuisance. 10. Located nearby the plaintiff ' s residence (next door) is a waste handling facility (the Town of Barnstable waste management facility) plus a town and separate privately owned composting facility, all of which often emit foul smelling odors, which waft over the locus and abutting homes. 11. On or about May, 1, 2004, the plaintiff was contacted by the Barnstable Board of Health which notified her that keeping her miniatures was in possible violation of Barnstable 's stable regulations. After discussions with that department, the plaintiff applied to the defendant Zoning Board of Appeals because she was informed that if said board granted a variance, special permit, or conditional use, then the Board of Health would not seek enforcement of the town stable regulation. 'For example, miniatures have two less ribs. 4 i 12. Subsequently, the plaintiff filed for said permits with the defendant board, first filing an "Application for Variance" on May 24, 2004 (see the application, true copies attest, attached to this complaint and marked as "Exhibit 2" ) , then filing an "Application for a Special Permit on December 21, 2004 (see the application, true copies attest, attached to this complaint and marked as "Exhibit 311 ) . 13. The current zoning regulations for the Town of Barnstable were Adopted by the Town of Barnstable on March 7, 1987, by a Special Town Meeting, Art. 4, and readopted September, 27, 1990, by Order No. 90-65. i 14. The zoning Ordinance of the Town of Barnstable, S 240-11, covering residences in a B District, D-1 District, and R-2 Districts, in relevant part reads as follows: (2) (B) Accessory uses. The following uses are permitted as accessory uses in the RB, RD-1 and RF-2 Districts: * * (2) Keeping, stabling and maintenance of horses subject to the following: (a) Horses are not kept for economic gain. (b) A minimum of 21,780 square feet of lot area is provided, except that an additional 10,890 square feet of lot area for each horse in excess of two shall be provided. (c) All state and local health regulations are complied with. (d) Adequate fencing is installed and maintained to contain the horses within the property, except that the use of barbed wire is prohibited. 5 (e) All structures, including riding rings and 1 fences to contain horses, conform to 500 of the setback requirements of the district in which located. (f) No temporary buildings, tents, trailers or packing crates are used. (g) The area is landscaped to harmonize with the character of the neighborhood. (h) The land is maintained so as not to create a nuisance (i) No outside artificial lighting is used beyond that normally used in residential districts. Id. 15. The Zoning Ordinance of the Town of Barnstable, § 240-13, states in relevant part: i B. Accessory uses. The following uses are permitted as accessory uses in the RC, RD, RF-1 and RG Districts: (1) Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2) herein. . C. Conditional uses. The following uses are permitted as conditional uses in the RC, RD, RF-1 and RG Districts, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section: (1) Public or private regulation golf courses subject to the provisions of S 240-11C(2) herein. (2) Keeping, stabling and maintenance of horses in excess of the density provisions of 5 240-11B(2) (b) herein, either on the same or adjacent lot as the principal building to which such use is accessory. Id. 16. The locus in such a zone that may qualify for a permit allowing for the miniatures under either §§ 240-11 and 13, or other applicable section of the zoning by-law. 6 17. On May 11, 2005, the defendants held a hearing on the plaintiff ' s application for a variance (designated Appeal . 2004-119) and a second application by the plaintiff for a conditional use special permit (designated Appeal 2005-025) . 18. ' Hearings by the defendant board on both plaintiff applications were held concurrently on May, 11 2005, with the decision in writing being issued on Appeal 2004-11 (an attested copy, marked as "Exhibit 4" , attached hereto) and on Appeal 2005-025 (an attested copy, marked as "Exhibit 5" , attached hereto) on May 24, 2005. 19. In its findings of fact, point four, under Appeal 2005-025, the defendant board found in relevant part: To permit the keeping of horses on the property would not represent a substantial detriment to the public health good or the neighborhood affected. 20. Despite this key finding, the defendant board voted 3 - 2 against granting the plaintiff's relief. 21. The board unanimously denied the defendant relief under Appeal 2004-119. 22 . Said decisions and denials were filed with the Town clerk of 1 . 7 the Town of Barnstable on May 24, 2005. (See the exhibits numbered 6 and 7 for the first page of the relevant denials, time stamped as received by the clerk of the Town of Barnstable. ) COUNT I 23. The plaintiff restates and incorporates by reference, as if fully set forth herein, all of the averments listed above. 24. Either and/or both, the plaintiff's application should be granted as of right. 25. The plaintiff states that she is aggrieved by the decision of the Board of Appeals because it exceeds the authority of the Board and should be annulled. The decision of the Board of Appeals was based on legally untenable ground, and/or is unreasonable, whimsical, capricious, or arbitrary; WHEREFORE, THE PLAINTIFFS RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT find that the decision of the Board of Appeals exceeds the authority of the Board, that it should be annulled, and that a rental permit should be granted to the Plaintiffs forthwith. COUNT II 8 26. The Plaintiff restates and incorporates by reference, as if fully set forth herein, all of the averments listed in the paragraphs above. 27. An actual controversy exists between the plaintiff and Defendant Board of Appeals as to the issue of whether or not she may keep the miniatures as pets at the locus. 28. All parties necessary to resolution of this controversy are before the Court. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT enter a binding declaration, declaring the rights, obligations and duties of the parties hereto and specifically, that the Court declare that the plaintiff may continue to keep her pet miniatures at the locus. COUNT III 29. The plaintiff restates and incorporates by reference, as if fully set forth herein, all of the averments contained in the above listed paragraphs. 9 } WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT grant such other and further relief and enter such other and further orders and make such other declarations as it deems appropriate and just under the circumstances. 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'4y�� t: ��ow,'x'y'.�It •,1 �j�`� E y�'�� -�'k'"' 9. p �� � f / ... ••�„—,�..�•'-' .,• �- . t .y C'vr" ` it �* �� ✓.:' "���s J s� ,�f .— m '� � -' , 7'K YIL f rc�' '�., ✓ �< kw�•xwsr. arm,�'t=�` r'A. - t ,- ti a:. t i .` 777 AY i E.1, - y X' � iY' be k ad 5 _ ,.� ` 11 �.• .A,-T, ,�, d f � •{,f �r��31 / x z,=: „�rra<F f - ,r I � .. "<cR .� i 'tea a v-• �. t. <F rt.V�` ��.•°"� \ 1' s + t t;,aa-�---•e -1-=T �Yt� .z~:K y �.' �,.""� ,t` i� s _ �'• t 4 tf� 4 e „`LYo.. t � .. 04Y27 tHff 49 C� AS P 0}¢aN a TOOF B ,RNSTABLE Zoning Boar'' ;`of Appeals Application for a Variance Date Received For office use only: Town Clerk's Office: Appeal ia Hearing Date 041 Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Variance, in the manner and for the reasons set forth below: Applicant Name:. 6�; P one:. , 7�6 Applicant Address: `S S Property Location: r. Property Owner: l/ Oe , Phone: 49,09./" Address of Owner: If applicant differs from owner, state nature-of interest.' Assessor's Map/Parcel Number: . oning District: Number of Years Owned: foee-,reo Ar-6undwater Overlay District: d Variance Requested: "� a Cite Section& Title oft Zoni Ordinance Jwe-v le/z gmz x IfDescription of Activity/Reason or Requ st: e ,A�tta))ch additional sheet if necessary 'Does.the property have any existing Variance or Special Permit issued to it? OVID Permit No.: y.c _ -A TRUE COPY.ATTEST Town Oft,. .. BARNSTABLE.'.' If the applicant differs from owner'the applicant will be required to submit one original notarized letter,copy of a proposed purchase&sales agreement or lease,or other documents with the application to prove standing and interest in the parcel or structure. EXHIBIT - -Z-PL- Application for a Variance-Page 2 Existing Level of Development of the Property- Number of Buildings: ? Present Use(s): Gross Floor Area: sq.ft. Proposed Gross Floor Area to be Added: sq.ft., Altered: sq.ft. Description of Construction Activity(if applicable): Attach additional sheet and plans if necessary Site Plan Review (required to be completed prior to applying to the Zoning Board of Appeals): Site Plan Review Number Date Approved [ ]-Not Required -Single or Two Family use Is the property located in.a designated Historic District?.................................................... Yes ( ] No [ ] If yes [ ]-Old King's Highway Regional Historic District Date Approved (if applicable) [ ] -Hyannis Main Street Waterfront Historic District Date Approved (if applicable) [ ] [ ] Is the building a designated Historic Landmark?.................................................................. Yes No Have you applied for a building permit?...:........................................................................... Yes [ ] No [ ] I Have you been refused a building permit? .......................................................................... Yes [ ] No [ ] The following information must 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 1/2"x I 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 1/2"x 11"or 11"x 17"),drawn by a certified professional and found approvable by the Site Plan Review Committee(if applicable). This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See"Contents of Site Plan", Section 4-7.5 of the Zoning Ordinance,for detailed requirements. The applicant may submit any additional supporting documents to assist the Board in making its determination. Signature: Date: pplicant's or R presentative's Signature Representative's Phone: .� Address: Fax No.: EXHIBIT-1 � .pLi_ L T .yr. ���` �•1 'v •'1 •,'•!"r• >'�'i/fir: .`, D"'y.:'�;(�:, AIG ter—....�.-�.i.� .... _. ... ....... .. .-....�_ _. .y'.,r.' _�.ft.5t`hwll�!:,w.�.L..l•.Std.. 'J, 'ra.• :t ' . 1• •.�t,:, '�.l>j:.�t'.:Dt: 1.I � ilk (� -,!F..-• �•�, psi ' `;.• .�:; ,,�r�•�� .' ,. (L 0 T S) ,WIAI `0 O`C �� •S. :ry1�1 i L 4r 7nl`1+4a '+S �L06/QT/O.i�/t .(?�: _ /L.C.t • 44 S'S'. .�ei+'1�+CC'.c%!ls.. ._ ..: �:.. . .. .. . .'..-:.,.^.s:. .. ..—�i�G'�oE.oT/✓� .o.E''.=4'�'5...:��. ,_ BE/,c�� L^o T i-� L-9.� ,E -cc�tJ.E r_ _. . _.'• L E' cti Wl7 .Z Nelteley C!I'CT/F•Y TNg7' 7'7y�• �//l:�t�f► � `:` .• � .. •• , •r ••J �>•r°�'. ',�p.;`�_' a�w/v c/v`rNia 'Pc�/v is 40c09711et7 OA/ 7W& e94FOu01.00 AIM sArowA/ He.aaav AND - 7WO9r J'T =: ��Ea�i� CO.VrOGiI�/ �1� T1N//�� .l�O/t�l/�/Cr � � �• 1- � '`'� ., wool. dr4w �Gfii+VQ �OI�.. TI•�G' 7't7/+1/.t./ O� �iy.p,C./S ARLtc; � OF,: ( 4�t . t'.:.ii'.�:.:z • � •L.14.V D .�jNIVI YO I� �' ,::bJ',�.�e,'S�,�{;,�, r�;i �' i i FEE-16-2005 13:47 Kraus & Hummel LLF' Sea 'r4'r e'rrst� r.e��e3 s U4,: • � IIMa • ►e! Town of Barnstable Zoning Board of Appeals Agreement to Extend Time Limits for Filing of a Decision-on a Variance In the Matter of Qkaeu,eoto_ ,the Petiuoner(s);in Appeal No. A-111 the petitioner(s)and the Zoning Board of Appeals,pursuant to Mass. General Laws, Chapter 40A,Section 9,agree to extend the required time limits for filing of a decision on this petition for a Variance for a period of, Q_days beyond that date the decision was required to be filed. In executing this Agreement.the Petitioners)hereto specifically waive any claim for a constructive grant of relief based upon time limits applicable prior to the execution of this Agreement. Petttloner(s): Zoning,Board of Appeals: Signature: Signature: Petit+one )or Pto es Represen Chairma or ring Ch3�r an Print: Robar+ TCrang,- g,-,q_ Print: Data: gebr„a g 1 Fy„n o 5 Date: Address of Petltlaxr(s)or PeUUonee6 Representative Kra2g &. Hummel, LLP Zoning Board of Appeals Office Planning Department 99A Co rt Street 200 Main Street,Hyannis, MA 02601 p 1 ym n u t h, mA 02360 Phone(508)862-4ee5 Fax(506)862-4725 508-747-4200 I CC Town Clerk Pettioner(s) File file iba-f-e:tvd.doa Revised 07/12/99 'EXHIBIT-?— Pg. TOTAL P.03 I 2. 27 OV"h4 CLERK Town of Barnstable Zoning. Board of Appeals Agreement to Extend Time Limits for Filing of a Decision on a Variance In the Matter of Gras" w o0 0 ,the Petitioner(s), in Appeal No. -ZO04-11 the petitioner(s) and the Zoning-Board of Appeals, pursuant to Mass. General Laws, Chapter 40A, Section 9, agree to extend the required time limits for filing of a decision on this petition for a Variance for a period of 1 E30 days beyond that date the decision was required to be filed. In executing this Agreement, the Petitioner(s) hereto specifically waive any claim for a constructive grant of relief based upon time limits applicable prior to the execution of this Agreement. Petitioner(s): ZoZtman of Ap s: Signature: Sig P itioner(s)or Peti loner s esentative or Acting Chairman Print: Print: Date: Date: l V Address of Petitioner(s)or Petitioner's Representative Zoning Board of Appeals Office Planning Department 200 Main Street, Hyannis, MA 02601 Phone(508)862-4685 Fax(508)862-4725 cc: Town Clerk Petitioner(s) File file zba-f-extvd.doc Revised 07/12/99 F X HIR IT 7- pQ • Q4i11A 27 AN It:. 49 INST w,- Of Barnstab A CLERK- % aW Zonin o rd of Appeals Agreement to Extend Time Limits for Holding of a Public Hearing and Filing of a Decision.on a Variance In the Matter of ���� w�° _,the Petitioner(s), in Appeal No7o_ft�� Petitioner(s)and the Zoning Board of Appeals, pursuant to Mass. General Laws, Chapter 40A, Section 9, agree to extend the required time limits for'holding of a public hearing and filing of a decision on this petition for a Variance for a period of 1?0 —days beyond that date the hearing was required to be held and the decision was to be filed. in executing this Agreement, the Petitioner(s)hereto specifically.waive any claim for a constructive grant of.relief based upon time limits applicable prior to the execution of this Agreement. Petitioner(s): Zoning Board of Appeal Signature: Signature* etitioner(s) r Petitioner's epresentative C airman or Acting Chairman Print: Date: Date: Address of Petitioners)or Petitioner's Representative Zoning Board of Appeals Office Planning Division—Zoning Section 200 Main Street, Hyannis, MA 02601 Phone(508)862-4685 Fax(508)862-4725 cc: Town Clerk Petitioners) File EXHI'B IT - �L Pg. LILT— 0$ t M `00 Town of Barnstable Zoning Board of Appeals Application for a Special Permit 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 for a Special Permit, in the manner and for the reasons set forth below: qq Applicant Name': �~ \� �� �� , Phone:__5-0 Applicant Address: O Property Location: Property Owner: UD0 Fine: a E Address of Owner: VVZN6 ! If applicant differs from owner, state nature o interest:2 .Assessor's Map/Parcel Number: YA C Zoning District: Number of Years Owned: O�� \ �� Groundwater Overlay District: Special'Permit Requested: 'laodoN. 3-1. 3(3). P " -14ge6w6 � 6rXS- 1 L j aT t6;5L._ Cite Section& Title from the Zoning Ordinance Description of Activity/Reason for Request:. Description-of Construction Activity(if applicable): AVoq#rpg�ftnal sheet if neces.at BARNSTABLE ' The Applicant Name will be the entity to which the special permit will be issued to. 2 If the applicant differs from owner,the applicant will be required to submit one original notarized letter authorizing the application, a copy of an executed purchase&sales agreement or lease,or other documents to prove standing and interest in the property. XHIB 17•� P& jl J Application for a Special Permit - Page 2 Is the property subject to an existing Variance or Special Permit .... .....No[ Yes [ ]—Permit No. Existing Level of Development of the Property- Number of Buildings: Present Use(s): C — 1 c Existing Gross Floor Area: sq. ft. Proposed Gross Floor Area: sq. ft. Site Plan Review (required to be completed prior to applying to the Zoning Board of Appeals): Site Plan Review Number: Date Approved: [ J-Not Required -Single or Two Family use Is the property located in a'designated Historic District?.................................................... Yes [ ] No Is this proposal subject to the jurisdiction of the Conservation Commission .......................Yes [ ] N [ ] Is this proposal subject to approval by the Board of Health ............................................ Yes [.] No [ ] Is the building a designated Historic Landmark?.................................................................. Yes [ ] No [ ] Have you applied for a building permit?............................................................................... Yes [ ] No [ ] Have you been refused a building permit?.................................:......................................... Yes [ ] No [ ] The following information must 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. j • Three (3)copies of a 'wet sealed' certified property survey(plot plan)and one (1) reduced copy.(8 1/2" x 11" or 11"x 1.7") 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, as found approvable by.the Site Plan Review Committee (if applicable), and building elevations and layout as may be required pluse one (1) reduced copy(8 1/2"x 11" or 11"x 17")of each drawing. These plans must show the exact location of all proposed improvements and alterations on the land and to the structures. See"Contents of Site Plan", Section 4-7.5 of the Zoning Ordinance, for detailed requirements. The applicant may submit any additional supporting documents to assist the Board in making its determination. All supporting documents must be submitted eight days prior to the public hearing for distribution to the Board Members. Signature: Date: plicant's or Representative's Signature Print Name .Representative'S3 Phone: Address: Fax No.: 3 Note: All correspondence on this application will be processed through the Representative named at that address and phone number provided. Except for Attorneys, if the Representative differs from the Applicant/Owner,a letter authorizing.the Representative to act on behalf of the Applicant/Owner shall be required. Individual applicants and In that instance also a$75.00 check made payable to the Barnstable Patriot shall be required addition to the costs above,you will receive an invoice from the Barnstable Patriot for your portion'of the legal notice. New representatives and applicants that do not have an established history with the Board will be requested to place a deposit of$50.00 payable to the Barnstable Patriot to assure the invoice will be paid. EXHIBIT -3 Pg.- �- r, Fo-16-2005 13:47 Kraus 8 Hummel LLP 508 747 0788 P.02/03 G FEB .� 3 F t - 17 �._ N { J. Town of Barnstable Zoning Board of Appeals Agreement to Extend Time Limits for Filing of.a Decislon..on a. Special Permit In the Matter of 6�tzboD the Applicant(s), in Appeal No.gn o .the applicant(s)and the Zoning Board of Appeals, pursuant to Mass. General.Laws,Chapter 40A,Section'. 9,agree to extend the required time limits for filing a decision on this application for a Special Permit for a period of!80.days beyond that date the decision was required to be filed. In executing this Agreement,the Applicant(s)hereto specifically waive any claim for a constructive grant of relief based upon.time limits applicable prior to the execution of this Agreement. Appllcant(s : Zoning Board of Appeals: Signature: Signature: AppC a)or nt' Repres taure Cnalrrna ar ding Cna an Print:_ RnhPrt Kraus. ESQ. Print Date: February 16, 2005 Date: Address of Appl'noangs)or Applicant's Representative Kraus & Hummel, LLP Zoning Board of Appeals Office QQA Street Planning Division _Plymouth, MA 02360 200 Main Street; Hyannis, MA 02601 508-747-4200 Phone(S08)88240S Fax(508)802-4725 tx: Town Cleric Applicant(s) 1 Fula file tba-f extspd.doc Revised 01/04rz000 EXHIBIT - _� Pg:- � Town of Barnstable Zoning Board of Appeals Decision and Notice Appeals 2004-119- Greenwood Appeals 2004-119 -Variance - Section 3-1.1(2)(B)(b) Boarding of Horses Summary: Denied Petitioner: Judith Greenwood Property Address: 45 Seth Goodspeed's Way,Osterville,MA Assessor's Map/Parcel: Map 122,Parcel 063 Zoning: Residence C Zoning District - Relief Requested & Background: r' The Applicant is seeking to maintain miniature horses on a lot that is under one-half of an acre in size. The locus is a 16, 552 sq.ft. lot developed with a 1,366 sq.ft.,three-bedroom single-family dwelling. The locus is! in a developed subdivision and is zoned single-family.residence. Stabling of horses is permitted only as an accessory use as-of-right on lots with a minimum of 21,780 square feet of lot,area as required by the provisions of Section 3-1.1(2)(B)(b). In addition,the Zoning Ordinance also provides for a Conditional Use to keep, stable and maintain horses in excess of the density provision of Section 3-1.1(2)(b)by Section 3- 1.3(3)(B)• The Applicant has applied for two forms of relief. • Appeal 2004-119 sought a variance to Section 3-1.1(2)(B)(b)to allow for the boarding of horses on less than Vz acre. • Appeal 2005-025 sought a Conditional Use Special Permit in accordance with Section 3-1.3(3)(B)to allow for the keeping, stabling and maintenance of horses in excess of the density provisions. This decision is that of Appeal 2004-119 for a variance to Section 3-1.1(2)(B)(b)to allow for the boarding of horses on less than'/2 acre. Procedural &Hearing Summary: Appeal 2004-119 was filed at the Town Clerk's Office and at the Office of the_Zoning Board of Appeals on May 27,2004,2005.. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the Applicant and the Board Chaiiman. 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 September 01, 2004 continued to November 03,2004,December 1, 2004,December 8;2004,February 16,2005, and to May 11, 2005 at which time the Board found to deny the variance request. Board Members.deciding this appeal were,Richard L. Boy,Jeremy Gilmore, Gail Nightingale,Randolph Childs and Chairman Daniel M. Creedon III. EXHIBIT- Pg.- i Judith Greenwood has applied for a variance to Section 3-1.1(2)(B)(b)for the boarding of horses on less than'/z acre. The property is located as shown on Assessor's Map 122,Parcel 063, addressed 45 Seth Goodspeed's Way,Osterville,MA in a Residence C Zoning District. At the September 01, 2004.hearing,Attorney John R.Alger represented Ms. Greenwood who was also present. He cited that Ms. Greenwood owned this house for 18 years and that she now maintains four miniature horses on the property. He noted that a full sized horse,that she had rescued,has since been removed. The variance she seeks is to allow the four miniature horses to remain on the property. Mr. Alger proposed that the ordinance does not apply to miniature horses as it is a different breed. Mrs. Greenwood remarked that miniatures are considered an exotic animal. They are missing two ribs and stand only approximately 34 to 36 inches high. She offered pictures and compared the miniatures to a large breed of dogs,like the Bull Mastiff. She noted that defecation would be greater with the dogs than the miniatures as.the waste from all four miniatures does not fill a large trash barrel. Mr. Alger remarked that the ordinance doesn't regulate pigs or chickens. Miniatures are not horses by definition and any health problems would be a Board of Health issue. The Chairman reminded Attorney Alger that the Board of Appeals"...did not bring her here." Mrs. Greenwood stated that this debate originated from a neighbor's complaint about a manure pile. Attorney Alger offered to withdraw without prejudice and argue the merits before the Board of Health. The Board determined a continuance would afford the Applicant an opportunity,-to confer with the Building Commissioner as the enforcement agent. Public comment was requested and Lloyd Cyr.of 64 East Osterville Road, an abutter spoke against the grant of the relief. He submitted a letter for the file from Mike Joyce, another abutter in opposition. Mr. Cyr stated that a horse in this single family neighborhood where the lots are only a third of an acre devalues property as it creates odors and is unsightly. Dan Creedon read excerpts from Mr.Joyce's letter citing that the Applicant has many animals including five horses, a lamb and a goat. The odors are offensive and the property values will decrease. The letter notes that bales of hay are stored in the garage,which creates a fire hazard. Mr. Joyce's letter notes that the situation infringes upon the right of peaceful enjoyment of property. Dan Creedon noted that the Board of Health will hear the Applicant on September 7, 2004 and that the primary issue may be with that Board. The Zoning Board of Appeals hearing on the variance was continued to November 3,2004. It was then further continued to December 1, 2004 at the request of Attorney.Alger on behalf of the Applicant. At that hearing,only three members of the Board hearing this appeal were present and the Board determined to continue the appeal to the December 08 hearing. At that hearing, Attorney Robert Kraus stated that he would now be representing the Applicant. He cited that the Applicant would be seeking alternative relief in the form of a special permit and given-that,and the fact that only four board members were present at this time, a continuance would be requested. The Board continued the appeal to February 16,2005. At that continuance, a letter from Attomey Kraus was received requesting a continuance of these appeals. The appeals were continued to May 11,2005. At the May 11, 2005 continuance,Ms. Greenwood represented herself. She stated that she now had four miniature horses and one newborn on the property. Ms. Greenwood commented that the animals are more like pets and not full horses. She stated that she had been stabling miniature horses on the property since 2 EXHIB�fi -4 PL` Z i 1983 and has always maintained the property as well as the animals in a clean condition. The Board asked if any other animals resided on the property and she stated that she now has one dog and eight rabbits. The Board and Applicant discussed the earlier Board of Health Order,and Ms. Greenwood stated that it washer hopes that if the Zoning Board granted zoning relief to permit the animals to remain on the property, she felt confident that the Board of Health would reconsider its order and grant the variances needed for pasture area and the stable building setback as well as issuance of a stable license to her. Ms. Greenwood testified that there was no discernable odor coming from her property. She stated that challenged children do visit with her animals. Ms. Greenwood reiterated that they are pets-and are not being used for any economic gain. She presented correspondence from Margaret Konner, staff person to State Representative Matthew C.Patrick and from State Senator Robert A. O'Leary on the issue of miniature horses as pets or agricultural farm animals. She also presented additional correspondence,letters and noted a petition signed by attendees at a yard sale citing that they had not smelled any unpleasant odor. Chairman Creedon comments that testimony on any detriment to the neighborhood should be limited to residents in the neighborhood and those affected. Chairman Creedon opened the hearing to public comment..Lloyd Cyr of 64 East.Osterville Road spoke in opposition. Michael J. Joyce of 55 Seth Goodspeed's Way,the abutting neighbor to the north, was in opposition noting the odor,nuisance of flies and general uncleanness. He further stated that this is a densely developed neighborhood of single-family dwellings on 1/3 of an acre lots. That.lot size is too small for maintaining of animals. Marie C.Taylor of 65 Seth Goodspeed's Way also spoke in opposition. A Mr. John MacPhee of 124 East Osterville Road spoke in favor of the grant of relief, as the miniature horses are enjoyed by children. Scott Greenwood,the Applicant's son spoke in favor of granting relief as his mother has maintained horses on the property for a number of years. Chairman Creedon cited that letters were submitted to the file and noted that correspondence in opposition were received from,Marie Taylor and Richard tenEyck, of 65 Seth Goodspreed's Way, Michael J. Joyce of 55 Seth Goodspeed's Way, and Joseph L.Pires,23 Rebecca Lane. In support of granting relief, correspondence was received form;Trina Yetman,58 Seth Goodspeed's Way,Roger and Carole Denesha, 37 Seth Goodspeed'sWay, and Lynne Morrell, of Brewster Massachusetts, an"Agricultural Advocate". The Chairman noted that;a petition in opposition signed by seven neighboring residents was submitted, and a list of persons attending a yard sale conducted by Ms. Greenwood was signed by numerous persons that indicated none could smell any unpleasant odor. Mr. Creedon also cited that communication was received from Mr.Thomas A McKean,Director of Public Health for the Town of Barnstable.and the correspondence from State Representative Matthew C. Patrick and State Senator Robert A. O'Leary office had also been entered into the'file. Findings of Fact: At the hearing of May 11,2005, the Board unanimously found the following findings of fact with respect to Appeal 2004-119 a request for a variance. 1. Appeal 2004-119 is that of Judith Greenwood seeking a variance to Section-3-1.1(2)(B)(b) for the boarding of horses on less than 1/z acre. The property is located as shown on Assessor's Map 122, Parcel 063 addressed 45 Seth Goodspeed's Way,Osterville,MA in a Residence C Zoning District. 3 �� EXHIBIT - L.{'.p I I 2. The neighborhood is very density developed area of lots with only approximately 1/3 of an acre in size..This is insufficient area to stable horses and several abutting neighbors have expressed concern for odor that emanates from the property. I In consideration for the variance,the Applicant has not substantiated those conditions of soil, shape or topography that justifies the granting of the variance being sought. Unique conditions have not been shown to exist that affect the locus but not the zoning district in which it is located. Decision: Based on the findings of fact, a motion was duly made and seconded to deny grant the appeal with the following conditions: The vote was as follows:- AYE: Richard.L.Boy,Randolph Childs,Jeremy Gilmore, Gail Nightingale,Daniel M. Creedon NAY: None.. Ordered: ; Appeal 2004-119 has been denied. 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,a copy of ;which must b the office of the Town Clerk. Daniel M. Creedon III,Chairman Date Signed TRIJ-EtgPY ATTEST .Cl l'owriork B�RI§TBLE--- - EXHIBIT -q P91- `� ortHe.i� . . j b T" �. ^ tiN6: . 4 Town of Barnstable Zoning Board of Appeals ' Decision and Notice s Appeals 2005-025 - Greenwood .. Appeal 2005-025 - Conditional Use Special Permit- Section 3-1.3(3)(B) To akww keeping,stabling and mainteaance of horses in.excess of the density provisions of Section 3-1.1(2)(B)(b) Summary: Not Granted Petitioner: Judith Greenwood Property Address: 45 Seth Goodspeed's Way,Osterville,MA -" Assessor's Map/Parcel: Map'122,Parcel 063 Zonh3g: Residence C Zoning District a Relief Requested&Background: . The Applicant is'seeking to maintain miniature horses on a lot that is under one-half of an acre in size. The locus is a 16,552 sq.ft. lot developed with a 1,366 sq.ft., three-bedroom single-family dwelling. The locus is in a developed subdivision and is zoned single-family residence. Stabling of horses is permitted only as an Iccessory use as-of--right on lots with a minimum of 21,780 square feet of lot area as required by the provisions of Section 3-1.1(2)(B)(b). In addition,the Zoning Ordinance also provides fora Conditional Use to keep,stable and maintain horses in excess of the density provision of Section 3-1.1.(2)(b)by Section 3- 1.3(3)(B). The Applicant has applied for two forms of relief. . • Appeal 2004-119 sought a variance to Section 3-1.1(2)(B)(b)to allow for the boarding of horses on less than 1/2 acre. • Appeal 2005-025 sought a Conditional Use Special Permit in accordance with Section 3-1.3(3)(B)to allow for the keeping, stabling and maintenance of horses in excess of the density provisions. This decision is-that of Appeal 2005-25 for a Conditional Use Special Permit pursuant to Section 3- 1.3(3)(B). Proeedural &Hearing Summary: Appeal 2005-25 was filed at the Town Clerk's Office and at the Office of-the Zoning Board of Appeals on December 28,2004. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the applicant and the Board Chairman. 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 February 16, 2005,continued to May 11, 2005 at which time the Board made Findings and a motion to grant the permit however,the findings and motion did not carry and no relief was EXHIBIT- 5 P9, - - L.`,. granted. Board Members deciding this appeal were,Richard L. Boy,Jeremy Gilmore, Gail Nightingale, Randolph Childs and Chairman Daniel M. Creedon III. The Applicant was initially represented by Attorney Robert Kraus who requested and was granted a continuance of the hearing from February 16,2005, to May 11,2005. However, at the May 11;2005 continuance,Ms. Greenwood represented herself. She stated that she now had four miniature horses and one newbom op the property. The horses being miniatures are only 34 inches in height and do not require the area of a larger horse. Ms. Greenwood commented that the animals are more like pets and not full horses. She stated that she had . been stabling miniature horses on e property since 19.53-and-has-always mamtainezl' the animals,in a clean condition. The Board asked if any other animals resided on the property and she stated that she now has one dog and eight rabbits. The Board and Applicant discussed the earlier Board of Health Order and Ms. Greenwood.stated that it was her hopes that if the Zoning Board granted zoning relief to permit the animals to remain on the property she felt confident that the Board of Health would reconsider its Order and grant the variances needed for pasture area and the stable building setback as well as issuance of a stable license to her. Ms. Greenwood testified that there was no discernable odor coming from her property. She stated that challenged children do visit with her animals. Ms. Greenwood reiterated that they are pets and are not being used for any economic gain. She.presented correspondence from Margaret Konner, staff person to State Representative Matthew C.Patrick and from State Senator Robert A. O'Leary gn the issue of miniature horses as pets or agricultural farm animals. She also presented additional correspondence,letters and noted a petition signed by attendees at a yard sale citing that they had not smelled any unpleasant odor. Chairman Creedon comments that testimony on any detriment to the neighborhood should be limited to residents in the neighborhood and those affected. Chairman Creedon opened the hearing to public comment. Lloyd Cyr of 64 East Osterville Road spoke in opposition. Michael J. Joyce of 55 Seth Goodspeed's Way,the abutting neighbor to the north, was in opposition noting the odor,nuisance of flies and general uncleanness. He further stated that this is a densely developed neighborhood of single-family dwellings on 1/3 of an acre lots and that this lot size is too small for the maintaining of animals. Marie C.Taylor of 65 Seth Goodspeed's Way also spoke in opposition. A Mr.John MacPhee of 124 East Osterville Road spoke in favor of the grant of relief as the miniature horses are enjoyed by children. Scott Greenwood,the Applicant's son spoke in favor of granting relief as his mother has maintained horses on the property for a number of years. Chairman Creedon cited that letters were submitted to the file and noted that correspondence in opposition were received from;Marie Taylor and Richard tenEyck,of 65 Seth Goodspreed's Way, Michael J. Joyce of 55 Seth Goodspeed's Way, and Joseph L.Pires,23 Rebecca Lane. In support of granting relief correspondence was received form;Trina Yetman,58 Seth Goodspeed's Way,Roger and Carole Denesha, 37 Seth Goodspeed's Way, and Lynne Morrell,of Brewster Massachusetts, an"Agricultural Advocate". The Chairman noted that; a petition in opposition signed by seven neighboring.residents was submitted, and a list of persons attending a yard sale conducted by Ms. Greenwood was signed by numerous persons that indicated none could smell any unpleasant odor. Mr. Creedon also cited that communication was received from Mr.Thomas A McKean,Director of Public Health for the Town of Barnstable and the correspondence from State Representative Matthew C.Patrick and State Senator Robert A. O'Leary office had also been entered into the file. 2 EXHIBIT - � PL ' I 4!f'n 7 AfP�S[ :iM1S'x'iy Y gs of Fact: �rAt the hearing'of May 11,2005, a motion was duly made and seconded to find the following findings of y Rfact: 1. Appeal 2005-025 is that of Judith Greenwood seeking a Conditional Use Special Permit pursuant to Section 3-1.3(3)(B) (that under the new code of the Town is Section 240-13 (C)(2))to allow for the keeping, stabling and.maintenance of horses in excess of the density provisions of Section 3- 1.1(2)(B)(b)(Today's Section 240-11(B)(2))for the boarding of horses on less than'h acre. The property is located as shown on Assessor's Map 122, as Parcel 063 addressed 45 Seth Goodspeed's Way, Osterville, MA in a Residence C Zoning District. 2. The Applicant had originally sought a variance to permit stabling of horses on the property,but in December of 2004,made this application for a Conditional Use Special Permit as an alternative to that variance request. .The Zoning Ordinance does provide for a special permit to keep, stable and maintain horses in excess of the density provisions. The Ordinance permits horse to be stabled.on lots of one-half acre or greater. This subject lot is 0.38-acre. 3. Stabling of horses on this property has been before the Board of Health seeking variances from that Board to allow the animals to pasture on land located less than fifty feet away from a home and to use a building to stable horses located less than fifty feet from a home. The Board of Health did not grant the variance however in that decision,the Board of Health did cit�!/that it would reconsider their decision only if the Zoning Board voted to grant relief to permit keeping of horses on the 1 -property. 4. To permit the keeping of horses on the property would not represent a substantial detriment to the public good or the neighborhood affected. The vote was as follows: AYE: Richard L. Boy,Randolph Childs NAY: Jeremy Gilmore, Gail Nightingale, Daniel M. Creedon Mr. Creedon cited that he voted in the negative based upon the fact that the subject neighborhood is very density developed and not conducive to stabling of animals as it would impact surrounding neighbors. He cited that the parcel is only a 0.38-acre lot. It is similar in size to neighboring lots,all of which are approximately 1/3 of an acre and all of which are developed. Several.abutting neighbors expressed.concern for odor that emanates from the property. Obviously, there is insufficient area from not only a zoning perspective,but also from a health perspective as variances are needed from those regulations also. Mr. Gilmore further expanded that the neighborhood is single-family zoned and that residents have some expectations that surrounding land uses would be just that single-family and although the ordinance allows-keeping of horses,there is a minimum lot area requirement of one-half of an acre for that activity to occur. People rely upon zoning to protect their expectations and this neighborhood only provides lots that are approximately one-third of an acre. 3 EXHIBIT - P , Decision: The findings having been proposed and not carried,a motion was duly made and seconded to grant the special permit to allow for stabling of horses four horses on the property. 'The vote was'as follows: AYE: Richard L. Boy,Randolph Childs } NAY: Jeremy Gilmore,Gail Nightingale,Daniel M. Creedon Ordered: The motion to grant the special permit did not carry and therefore the relief requested is not granted. b 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, a copy of which must be filed in the office of the Town Clerk. 2 .2Qo Daniel M. Creedon III,Chairman Date Signed j i A TRUE CQPY ATTEST 76M).•,Clerk. .BAI��NSYABL �Ne Town of Barnstable - Zoning Board of Appeals Decision and Notice Appeals 2004-119- Greenwood Appeals 2004-119-Variance - Section 3-1.1(2)(B)(b) Boarding of Horses Summary: Denied Petitioner: Judith Greenwood Property Address: 45 Seth Goodspeed's Way,Osterville,MA �! Assessor's Map/Parcel: Map 122,Parcel 063 Zoning: Residence C Zoning District0.: Relief Requested &Background: r, The Applicant is seeking to maintain miniature horses on a lot that is under one-half of an acre in size. The,:":: locus is a 16,552 sq.ft. lot developed with a 1,366 sq.ft.,three-bedroom single-family dwelling. The locus igl'_ in a developed subdivision and is zoned single-family residence. Stabling of horses is permitted only as an accessory use as-of-right on lots with a minimum of 21,780 square feet of lot area as required by the provisions of Section 3-1.1(2)(B)(b). In addition,the Zoning Ordinance also provides for a Conditional Use to keep,stable and maintain horses in excess of the density provision of Section 3-1.1(2)(b)by Section 3- 1.3(3)(B). The Applicant has applied for two forms of relief. • Appeal 2004-119 sought a variance to Section 3-1.1(2)(B)(b)to allow for the boarding of horses on less than Vi acre. • Appeal 2005-025 sought a Conditional Use Special Permit in accordance with Section.3-1.3(3)(B)to allow for the keeping, stabling and maintenance of horses in excess of the density provisions. This decision is that of Appeal 2004-119 for a variance to Section 3-1.1(2)(B)(b)to allow for the boarding of horses on less than 1/2 acre. Procedural&Hearing Summary: Appeal 2004-119 was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 27,2004,2005.. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the Applicant and the Board Chairman. 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 September 01, 2004 continued to November 03,2004,December 1, 2004,December 8,2004,February 16,2005, and to May 11,2005 at which time the Board found to deny the variance request. Board Members deciding this appeal were,Richard L.Boy,Jeremy Gilmore, Gail Nightingale,Randolph Childs and Chairman Daniel M. Creedon M. EXHIBIT- 6 Pg., :-N. Z.— Town of Barnstable _r Zoning Board of Appeals '' Decision and Notice t Appeals 2005-025 - Greenwood u. Appeal 2005-025- Conditional Use Special Permit- Section 3-1.3(3)(B) To allow keeping,stabling and maintenance of horses in excess of the density provisions of Section 3-1.1(2)(B)(b) Summary: Not Granted Petitioner: Judith Greenwood Property Address: 45 Seth Goodspeed's Way,Osterville,MA : Assessor'sMap/Parcel: Map'122,Parcel063 Zoning: Residence C Zoning District Relief Requested &Background: :aj The Applicant is'seeking to maintain miniature horses on a lot that is under one-half of an acre in size. The. locus is a 16,552 sq.ft. lot developed with a 1,366 sq.ft.,three-bedroom single-family dwelling. The locus-is in a developed subdivision and is zoned single-family residence. Stabling of horses is permitted only as an accessory use . -of-right on lots with a minimum of 21,780 square feet of lot area as required by the provisions of Section 3-1.1(2)(B)(b). In addition,the Zoning Ordinance also provides for a Conditional Use to keep, stable and maintain horses in excess of the density provision of Section 3-1.1(2)(b)by Section 3- 1.3(3)(B). The Applicant has applied for two forms of relief. • Appeal 2004-119 sought a variance to Section 3-1.1(2)(B)(b)to allow for the boarding of horses on less than th acre. • Appeal 2005-025 sought a Conditional Use Special Permit in accordance with Section 3-1.3(3)(B)to allow for the keeping, stabling and maintenance of horses in excess of the density provisions. This decision is that of.Appeal 2005-25 for a Conditional Use Special Permit pursuant to Section 3- 1.3(3)(B). Procedural &Hearing Summary: Appeal 2005-25 was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 28,2004. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the applicant and the Board Chairman. 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 February 16,2005,continued to May 11,2005 at which time the Board made 1 findings and a motion to grant the permit however,the findings and motion did not carry and no relief was EXHIE11- � - June 27, 2005 Thomas Perry, Building Commissioner Building Division Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Request for Enforcement of Zoning Latins �th-,Goodspeed_s Way;Osterville,_Massachusetts------, Dear Mr. Perry: We are hereby requesting you to enforce the zoning laws of the Town of Barnstable with respect to the property located at 45 Seth Goods_Deed's Way�Osterville Massachusetts owned by Judith Greenwood and others. We are the owners of 65 Seth Goodspeed's Way,Osterville, Massachusetts and are affected by the failure of die zoning laves to be enforced. Thank you for your attention to this mater. Ve ry truly yours, Marie C. Taylor Richard K tenEyck Zd Wd60:so sooE TT '6nd svzg9 -m&.T: 'ON Xdd joF13ual_a01hPl: WONA f i e 0 s . y / �-� Z5 h r► c 4�D/9/2. 92/q✓I7� m ,c3 UV•O. L° aIZ Sp�C' iia / cn Q o � // / Q o I /I'��! 7`�� � /�D/�S � eJl %S % r� 6 r1 /yJc � r Q =� Q xp/pe�As C L a —Blot l� I / I Message G r I�\ Page 1 of 2 S -.�U c�� e e In w c)v Perry, Tom Z�3 1-���,v-,�n o4 0—b V141 Y,v e4 -1'u n)� a N From: Geiler, Tom Sent: Tuesday, February 15, 2005 3:35 PM To: Perry, Tom Subject: FW: Horse Farm Seth Goodspeeds Way To TomMcKeon ,Anne Canady Mr. Creedon Tom; can you have someone look into the Building violations?Thanks -----Original Message----- From: Town Main Mailbox Sent: Tuesday, February 15, 2005 2:23 PM To: Geiler,Tom; McKean,Thomas Cc: Klimm, John; Niedzwiecki, Paul Subject: FW: Horse Farm Seth Goodspeeds Way To TomMcKeon , Anne Canady Mr. Creedon In to the web. Dan From: shae16 [mailto:shael6@comcast.net] Sent:Tuesday, February 15, 2005 1:06 PM To: Town Main Mailbox Cc: SHAE16@comcast.net Subject: Horse Farm Seth Goodspeeds Way To TomMcKeon , Anne Canady Mr. Creedon To all of you, I and my husband are homeowners on Seth Goodspeeds Way. The housing of horses has been brutal for us, the stench trails all the way down the street, I am a walker and it is brutal to walk down the street, for the stench trails you as you walk. I also am a former horse owner, and love them , but I don't believe they belong in a small residential neighborhood. Animals such as these need exercise which they get none. there is not enough space there even for one small animal, and therefore the only time the manure piles were ever cleaned up was when there was a complaint. If she gets the variance, who will check up on that? She also had many more horses on her property at various times, she shipped some to stay with a friend, when a complaint came in . All of our neighbors are terrified of her , she singlehandledly terrorized her next door neighbor, by painting his side of his fence . candy apple red, with a spray can in the night . She doesn't seem to think rules apply to her, so by giving her a variance you people will just being making our lives misery. Mr Cyr, has passed away, and Mrs Greenwood made his life misery, bacause he stood up for himself, as a homeowner. I would like to know how come Mrs Greenwoods house isn't even inhabitable for humans, and how come she was able to finish an apartment in her basement, without any permits, and rents to several Brazilians, when I had to pull a permit to build a shed and submit plans etc. How does that allow her to put three sheds on her property. furthermore how does someone who collects SSI , afford to house and feed three 2/16/2005 a Message Page 2 of 2 or four animals, and does that include breeding them on your property, she has had a foal born in her yard, which she breed in her own backyard. I and several neighbors are terrified of her ,because if you say a word, when you come home your mailbox will be smashed or someone all night will ring your doorbell etc. I cant see how she can even clear the amount of feet that an animal dwelling, should be away from the house. Mr Greenwood feels rules don't apply to her,she already has horses in her yard and has had them for quite awhile when she not allowed to have them , giving her a variance would only set an example saying it's O.K. to do whatever you want .My husband and I put our house on the market last summer, the stench on some days was unbearable, we have put lots of money and time into our property and now it is worth about twice what we paid for it five years ago, but how'd you like to live near this odd farm, we ended taking our house off the market because of the mini farm. Mrs Greenwood terrorized Mr Cyr who passed away , his family believes the stress of dealing with Mrs Greenwood was a large factor, What 80 year old man want to be followed around by a raving lunatic in a large truck, and his neighbors who went to court with him were terrorized when they walked their dogs. Mrs Greenwood has 2 New dogs , she traded her two old beagles at the mspca for two little dogs , then we will talk about the roosters she bought to irrate Mr Cyr and along with the rest of us, and the many dwarf rabbits, I would think at that point that would be enough, now to add a horse that came from the MSPCA that was abused and lame, and that was a full size horse, how does the MSPCA place a horse at a home , when you can't even adopt a dog without a search warrant or a huge investigation. I have on many occasions seen Mrs Greenwood beat her dogs in front of neighbors and myself . What are we thinking giving her a license to house more animals and the many other illegal things she does. Oh boy would Ilike to finish my basement and rent it for extra income, but as far as I know It's not legal. Thankyou Shae 16@comcast.net FREE Emoticons for your email! Click Here! 2/16/2005 Page 1 of 2 McKean, Thomas From: Town Main Mailbox Sent: Monday, February 14, 2005 10:06 AM To: McKean, Thomas; Geiler, Tom Subject: FW: Zoning Board Appeal#2005-025 (2/16/2005) 7:30PM In to the web. Dan From:jkpires [mailto:jkpires@comcast.net] Sent: Sunday, February 13, 2005 1:42 PM To: Town Main Mailbox;jlbartonletters@comcast.net; acanedy@comcast.net Subject: Zoning Board Appeal #2005-025 (2/16/2005) 7:30PM As I'm not able to locate the email addresses for Chairman Daniel Creedon (Zoning Board of Appeals) and Tom McKeon (Health Department) - I'm emailing those of you above (to forward this email to them) because I'm "opposed" to the possible granting of the above subject matter. As I have another commitment, I will not be able to be in attendance at this meeting (scheduled for Wednesday evening at 7:30PM). I do however, want to go on record as being "opposed" to any granting of a special permit for Appeal #2005-025. Ms. Greenwood was directed by the Health Department & Zoning Board of Appeals at an earlier date, to "find a home for the horses". It is quite evident that she has made little attempt, if any, to comply with the requests of our Town Officials. Personally, I don't understand how this has gone this far. Ms. Greenwood resides on less than an half acre of property, in a "residential" development. The stench from the manure has been sickening. Would you like this in your backyard or in your neighborhood? If these horses (mini's, or whatever they are, either one or eight) are that important to Ms. Greenwood, I'd suggest that she sell and move to an area in Barnstable that accommodates this type activity or shelter them elsewhere at a real stable. (NOTE): Mr. Cyr (homeowner directly behind the Greenwood residence) who brought this to the attention of the Health Department & ZBA has recently passed away. His efforts, for his family ,& friends as well as the residents of Osterville Heights should be noted) Respectfully submitted, 2/14/2"005 Page 2 of 2 Joseph L. Pires 23 Rebecca Lane Osterville, Massachusetts 02655 I 2/14/2005 1 a � '"`fir' '� ' � "i � tip'►>�"? "i •�•V I . S• ' 1,3gy4, � yl 'r t�;31`I'v' � _ � � �•��� 1 LW Val Ira R it` 11 Ckll t �a. ILI L , 4 y }'�;�� ®0 '•� �'� '�,y�, j/fN1 e� _ 1 1 ''y,�•� x 3t�' f D / •�'af;YCt•y �}. (y' ` M� .'� y� , ' +.f+M...1-'e'__`G� •r.y ��t.' a 1� ff 06 40 .kit, y-'��, ,.s �J�odJ� ��1•.� i���� �rl,' l ..�.i �A lay •� •� 11 t_•� e.0 • �4■ .�� y.ti� �t �.� 4�. • i e 1 III �J ,i ' .rA 0 NI 07� .r t � t�t, �� ;i�,,of �'1'� �,! r �� y ►,., ..� •: Yr�}•,�,, a :: � t �� ' t '� -,.Y '• � '4• "�1'.i,�.,t" t 1� , •`; " ,t .._ � �tfas,�.f 1'. F;:f � /.'{J• •'• f '1 ��fe•� i�. t, 1' , •�i ���� Y •�'•�t �!''. � a 1 � s .a.?1�,•�,,s � a., JF1���� fF1�".�f1�1 '0. P3. r:t',, tA. 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WITH ARTiCI E 11 SLATE -SANITARY CODE AND TOWN ET TOWN OF BARNSTA vS° RIAI i`uQ- ~yo, r, 0 c, rO :) c, 0 i EARNS LE, '' Gc 0 i039• 0 O;v C B,U1', DING INSPECTOR APPLICATION"FOR PERMIT TO .............................. . .................................. ................................................... c - ��TYPE OF CONSTRUCTION ........................................ ........ ....................... ....19 TO THE INSPECTOR OF BUILDINGS: The undersigned he e y applies for a permit accordingto the following information: Location .... ..... ........ /�.� . ............. L�'` A............... ..../.....G/(%....... ProposedUse ........ ....... ................................ .......................................................... �/ ..............Fire District ..Zoning District ....................... ............... . ...... .. ........................... .............................. ............. . `Name of Owner .... ..... ............ ....`. ....... ..................-..Address ........... ...... ................................................................ l Nameof. Builder ....................................................................Address '...... .................f......................................................... Name of Architect Address l .................................................................. .................................................................................... Numberof Rooms .................... ..........................................Foundation .............................. ....... ... .................................. Exterior ............77....///.................................................Roofing .......... .. ..... ................. ........................................... �,.f/ t ��/ f J ..................Interior .......... �.Floors ......:...... . Heating ... .1... �.. .........Plumbing 2 . ................................. Fireplace ........................[............:............................................Approximate Cost ...... ..�. ��... ............................. Definitive Plan Approved by Planning Board ---_-----------____-----------19_______. Area .....�..`...5 ................. Diagram of Lot and Building with Dimensions Fee �................... SUBJECT TO APPROVAL OF BOARD OF HEALTH Ole I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable r ardinbov construction. , Name ........... .. ..... ............... . ..................................... . 1 Capewide Development D 18528 ' one story, • off.......0;......."iPermit for .................................... single family dwelling ................................ .......................................... Lo Seth Goodspeed's Way ,ption ............................:................................... oee Osterville ................................................................. ...... . . ...... . ....Owner ............................Cap e wid e...Development. 1 frame Ty!?e of Construction .................... .......................................................... ..................... Plot ...... ...................... Lot ..........It.14...' Permit Granted ............ ....y.. . Jul 16 ........ 19 76 Date of Inspection ... 19 ..........19 Date Completed PERMIT REFUSED ..................... .............................n ... 19 .................................. .......................... ....................... ,f ' , �" % ±; ............................................................................... .............................. .................................................. Approved ................................................ 19 ................................................................................ /7T ................ .............................................................. Assessor's map and lot number )..../' .. .......r../ ...... � - PC ' !/G•- �li Sewo'ge-Permit number .......................................................... °`T"ET°�y TOWN OF BARNSTABLE i BAHBST"LE, i "6 DU11DING INSPECTOR APPLICATION:' FOR PERMIT TO ......................... ............................................................................................... TYPEOF CONSTRUCTION .............:............................................... ... ........................................:.. .................. ................. TO THE INSPECTOR OF BUILDINGS:' . The undersigned hereby applies for a permit according to the following information: Location ............... ............... ...................../................././...................................:............. v ProposedUse ........ ............................................................................................................ Zoning District ...........�./........................../.......,............. ..Fire District ..r ................................................................. Nameof Owner ............................................... -..Address ..........., c'.ya........-;.................................... Nameof Builder ....................................................................Address ................................................................................... Nameof Architect ..................................................................Address ....................................:............................................... Number of Rooms .......................................................:...........Foundation. Exierior 7 . ..Roofing .............p..� / .. ........... ........................ /� (�/ Interior /�/Floors �............ ;............................. 00."............................... Heating ......... ,//� ,.. � �:- .:.......Plumbing .... .................................................. . ......................................... Fireplace ..........................................................Approximate Cost .........../ � .51 DD0 .... ......................C......... .................... Definitive Plan Approved by Planning Board ___----------------_.----------19_______ . Area .....�..1... r°h'�... Diagram of Lot and Building with Dimensions-'.`7s� Fee. .......:.............. . SUBJECT TO APPROVAL OF BOARD OF HEALTH 1, 2 I hereby agree to conform to all'the Rules and Regulations of the Town of Barnstable regarding-th/e!;above_ construction. Name ....... ,.. !,......................................... Capewide Development A- 46-9 (not plotted) 63 18528 one story, `AP or ..........No .....>....... Permit f ................ single family dwelling- ............................................................................... 11-*"Seth Goodspeed's Way LocationK.')......................................................... ftterville ................................................................................ Capewide Development Owner .................................................................. Type of Construction .................ffame.......................... ..................................................... ... . ... ....... . 4614 .......... Plot .................... Lot ... .. Permit 'Granted ..........Ju...yl .... .. ..............19 76 Date of Inspection .....................................19 Date Completed ......................................19 PERMIT REFUSED . ................................................................ 19ti ' ..................... . . . .................. . ......................... ..................... . V...... ... ...... ............................................................................... Approved .................................................. .19 ................................................................................ ........... ................................................................... /yo�. 5era�rs 1 I'a � W La 1� s7�2 p rJ l° �' v JSe rve vn e Health Complaints 25-Mayo4 Time: 11:3100 AM Date: 5/24/2004 Complaint Number: 17437 Referred To: DAVID STANTON Taken By: DENISE WITTER .Complaint Type: GENERAL Article X Detail: UNSANITARY CONDITIONS Business Name: Number: 45 Street: Seth Goodspeed Village: OSTERVILLE Assessors Map_Parcel: I Complainant's Name: Address: Telephone Number: Complaint Description: Caller said the property I- has two horses. He said the horse manure is piled ve He said there is a terrible smell coming into his yard. Actions Taken/Results: DS WENT TO SAID LOCATION. HORSE TRAILER OBSERVED IN DRIVEWAY. ON PONY OBSERVED IN THE BACKYARD. JUDITH CLAIMS SHES HAD THE PONIES FOR 10 YEARS. SHE BEGAN CRYING SAYING I WAS TAKING HER LIFE AWAY FROM HER. I TOLD HER IF SHE WANTED TO TRY TO KEEP THE STABLE SHE WOULD NEED TO FILL OUT A STABLE APPLICATION. I GAVE HER A COPY OF THE BOARD OF HEALTH REGULATIONS ON STABLES. I TOLD HER SHE WOULD NEED TO SPEAK WITH BUILDING REGARDING ZONING AS SHE IS-LESS THAN A HALF ACRE ACCORDING TO THE ASSESSORS. SHE KEPT SAYING SHE HAS HAD THEM FOR 10 YEARS, THAT THE NEIGHBORS LOVE THE PONIES, AND IT IS THERAPY FOR ILL CHILDREN. SHE ALSO SAYS SHE TAKES THEM FROM ABUSED FARMS. 1 i l Health Complaints 25-May-04 Investigation Date: 5/25/2004 Investigation Time: 10:30:00 AM i 2 I