The URL can be used to link to this page

Home My WebLink About0312 WIANNO AVENUE PEF[F� Y ° w � O V' 0 6' O ° V ° o O 0 V � , ° 1 i 4 o ° � 0 J TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map I LID Parcel I-S -7 On Application # Health Division Date Issued t Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation / Hyannis Project Street Address (den(/e-_ Village Owner �' T�{r'h/�OSiY�c�►l�� -C.C Address 4 OIL DS7ic4'ff--e- 0 246f -" Telephone i Permit Request l n 4C;L` a n 1 r) 36( �S�e eA f 61 aG' -)' ' Q a,��(�`1'FP_ sus,as Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain `ZO r1 42- C Groundwater Overlay Project Valuation 4Y Qoz) . Construction Type Lot Size 3 !5{�1 S�, + Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ®' Two Family ❑ Multi-Family (# units) ... o 0 Age of Existing Structure Historic House: ❑Yes Q No On Old King' Highway:A❑Ye�3 O No O Basement Typ+: ❑ Full ❑ Crawl ❑Walkout ❑ Other _n QQ Dl- Basement Finned Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing Number of Bedrooms: existing _new w ice. 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 �YiX3 Detached garage: ❑ existing ❑ new siz existing Znew size _ arn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes �IVfNo If yes, site plan review # Current Use CA Proposed Use C P,S` CWAtaQ APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name � �+��j Q�S � Telephone Number L4 I�s - 7 S "70 So Address ` �= ( W 2A License # C S— O g 0 l Cl a cick , NI V t D c L ` Home Improvement Contractor# C) c6`� Email C&p o qo 2 aot, Cc)CYI Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO I SIGNATURE //� � DATE f FOR OFFICIAL USE ONLY APPLICATION# I n ,.DATE ISSUED r MAP/PARCEL NO. f- s .f . ADDRESS " VILLAGE OWNER. > f I DATE OF INSPECTION: FOUNDATION FRAME .Pf qtoz�('l INSULATION . FIREPLACE . eo ELECTRICAL: ROUGH FINAL z PLUMBING: ROUGH FINAL i P� GAS: ROUGH FINAL j is FINAL BUILDING DATE CLOSED OUT r ASSOCIATION PLAN NO. 9 4 r� r The Commonwealth of Massachusetts Department of Industrial Accidents Z Office of Investigations I Congress Street, Suite 100 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): Custom Quality Pools Address: 16 Wyman Road City/State/Zip:Billerica, MA 01821 Phone#:978-663-7674 Are you an employer? Check the appropriate box: Type of project(required): 1.FE-1 I am a employer with 16 4. ❑ I am a general contractor and 1 6. 0 New construction employees (full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. employees and have workers' 9. ❑ Building addition [No workers' comp. insurance comp. insurance.: 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 I.❑ Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.] t c. 152,§1(4),and we have no employees. [No workers' 13.❑ Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. :Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees Below is the policy and job site information. Insurance Company Name: Commerce and Industry Ins. Co Policy#or Self-ins. Lic. #:WC005871898 Expiration Date:02/01/15 Job Site Address; ?J�z W t cm�s n y a l.--e— City/State/Zip: 03�, ,,S �L4 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$1,50p.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. Ido hereby cerfify under the pains andpenalties ofperjury that the information provided above is true and correct. Signafore: �/ Date: ,7 te Phone#: 978-,6636387 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#: OP ID:KM ACORO' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/10/14 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 endorsements. CONTACT PRODUCER 781-642-9000 NAME: Eastern States Insurance Agency,Inc. 781-647-3670 qHC N0, o Eat): A/C No 50 Prospect Street E-MAIL Waltham,MA 02463 ADDRESS: PRODUCER GUSTO-1 CUSTOMER ID H: INSURER(S)AFFORDING COVERAGE NAIC N INSURED Custom Quality Pools,Inc. INSURERA:Acadia Insurance Company 31325 P.O. Box 1031 INSURER B:Union Insurance Company Billerica,MA 01821 INSURER C:Commerce and Industry Ins.Co. 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 TYPE OF INSURANCE D B POLICY NUMBER MMIDDIYYYY LICY EFF MMIDDIYYYY OLICY EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CPP 0328206-14 02/01/14 02/01/15 PREMISES Ea occurrence $ 500,00 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 10,00 PERSONAL BADVINJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 B ANY AUTO MAA 0328208-14 02/01/14 02/01/15 (Ea accident)BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE $ 'i X HIRED AUTOS (Per accident) X NON-OWNED AUTOS Comp/Coll $ AC X Physical Damage Deductible $ 1,00 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,00 A CUA0328210-14 02/01/14 02/01/15 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TO Y LIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC005871898 02/01/14 02/01/15 E.L.EACH ACCIDENT $ 500,00 OFFICERIMEMBER EXCLUDED? � N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 500,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD iOl,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION EVIDEW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EVIDENCE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD _ - fly eowmaimaww" Office of Consumer Affairs and Wusiness Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 i Home Improvement C.6n�tr ctor Registration Registration: 105084 Type: Private Corporation Expiration: 7/16/2014 Tr# 227813 - (�:�7�_-..._"=" _•.-,=w=tea':;t�` CUSTOM QUALITY POOLS INC. Robert Bent PO BOX 1031 \`-•.�, --t-=`�t� -- � .,,E Billerica, MA 01821 Update Address and return card.Mark reason for change. Gl Address Renewal [] Employment Lost Card 34/04-G101216 �,,�� Rice 0R50fi ne pia`1-A. "sriness egu as on License or registration valid for individul use only OME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: egistration: ..A05084 Type: Office of Consumer Affairs and Business Regulation xpiration: .7/d6%2014 Private Corporation 10 Park Plaza-Suite 5170 Boston,MA 02116 JALIT.YP00LSINC`` toad 01821 • - --� Undersecretary Not valid without signature 1 Massachusetts -Department of Public Safety Board of Building Regulations and Standards Construction supervisor ;a License: CS-040192 ROBERT A BENT;-' PO BOX 1031 ' BILLERICA MA<0182�1 Expiration 01/10/2015 Commissioner . ram, Town of Barnstable Regulatory Services � g zb; Thomas F.Gefler,Director q. �� Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 wwwlown.barnstable.maxs Office: 508-862-4038 Fax 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder J 0 Ka&e- as Owner of the subject property hereby authorize :�� z�j i-� % to act on my behalf in all matters relative to work authorized by this building pe=it. G(VA V1 V A-ie- (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 accepted. S' true o Owner ' ignatare of Applicant Print Name Print Name Date Q:F0RMS:0WNERPERMI8S10JeooLS&2012 s r Town of Barnstable Regulatory Services Thomas F.Geiler,Director 16 Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax 508-790-6230 HOMEOWNER LICENSE EXEMMON Please Print DATE: JOB LOCATION: st ed village number -HOMEMEOWNEK": work hone# name home phone# p CURRENT MAILING ADDRESS: cityttown state zip code The current exemption for"homeowners'.'was extended to include owner-occupied dwellings of six units or Iess and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINMON OF HOMEOWNER Persons)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one 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 procedures and requirements and that he/she will comply with said procedures and requirements. Signaliue of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOW?`MWS 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. C:\Users\decoUWLkppData\L,oc g M=soft\Virmdows\Temporary InternetpDcs\ContentoutlooklQRE6ZiIBN\EXPRESS.doc Revised 053012 FALLON FENCE INC RESIDENTIAL&COMMERCIAL WOOD - CHAIN LINK - PVC CUSTOM FENCES—FREE ESTIMATES Office 508.420.2817 FAX 508 420 2339 PO Box 276 Email fal Ion fencepcomcast.net Centerville MA 02632 To ; To whom it may concern ; DATE 11-18-13 Job Name/Location Kane Res. 312 Wianno Ave. Osterville,MA.02655 We hereby propose to furnish the materials and perform the labor necessary for the completion of: POOL FENCE ENCLOSURE; 4 ft.High all black chain link system and wood picket fence; There is approx.. 108 ft.of 4 ft.high all black chain link using 1 '/4"pool mesh .There are no gates in chain link. In addition ;There will be approx.. 132 ft.of 4 ft.high cedar baluster fence.Specs as follows;2x2x4' balusters on 2x4 back rails that are approx..38"apart.Picket space is 13/4" .There are lx4 beveled facia boards on front outside of pool.Posts are 6x6 with finish caps. There will be 2 gate locations in the wood fence that are to match sections. All gates are to open out away from pool and will have release mechanisms located no less than 54"above grade. Pictures of fence styles as well as gate laches are enclosed All fence and gates will be pool code compliant. Thank You; James Fallon , President Commonwealth of Massachusetts Sheet Metal Permit Map -9S PERMIT ao Date: Permit P Estimated Job Cost: DEC 0 5 2013 Permit Fee: Plans Submitted: IM'.S YIN V/_ lewed: YES ' NO Busiriess Lic.e.rise.V'_L Applicant License I i Business lnf'orinaLiori: Property Owner/Job Location In-bomiation: Nw-ne: _jg C) Street: P City/Town: C Telephone. To I ep h o n e: Plimo J.D. required Copy of Photo I.D. attached: YES\// N 0' Staff initial .1-1 /M-1-unrestricted license J-2 / M-2--restriaed to dwellimgs 3-stories or less and cOMBIerGial UP to 10,000 SI.I. ft. /')-SLorieS Or IcSs Residential: 1-2) fianillyz Mulli-farnily Condo/'_I'OW1_IhOU5eS Commercial: OfElce Retail Industrial Educational Fire Dept. Approval Institutional Other' Square 1"00ta(IC: Laider 10,000 sq. ft. I over :10,000 sq. Pit. Number oi'Stories: Sheet metal work to be completed: New Work: Renovati6n: fVA(-' -/ , Metal Watershed I L F fmfl— Kitchen Exhaust System Metal Chinuie), /Vents Air Balancing Provide detailed description of work to be' done: A&Wjlk�� Z"e >x INSURANCE COVERAGE: I have a current liability insurance policy or its equivalent which meets the requirements of M.G.L.Ch. 112 YesAt No ❑ i If you have checked Y11 indicate the type of coverage by checking the appropriate box below: A liability insurance policy [ Other type of indemnity ❑ Bond ❑ i OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 112 of the Massachusetts General Laws, and that my signature on this permit application waives this requirement. Check One Only Owner ❑ Agent ❑ i Signature of Owner or Owner's Agent By checking this box I hereby certify that all of the details and Information I have submitted(or entered)regarding this application are true and accurate to the best of my knowledge and that all sheet metal work and installations performed under the permit issued for this application will be in compliance with all pertinent provision of the Massachusetts Building Code and Chapter 112 of the General Laws. Duct inspection required prior to insulation installation: YES NO Progress I>nsp ctions Date Comments i Fiala[ Inspection Date Conunents Type of License: i 3y Master title ❑ Master-Restricted �ity/Town ❑Journeyperson Signature of Licensee 'en`n # ❑Journeyperson-Restricted License Number: =ee$ El Check at www.mass.goy/dlol nspector Signature of Permit Approval i A� CERTIFICATE OF LIABILITY INSURANCE °A07/02/2o'3"Y' 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 andorsemen s. PRODUCER CONTACT NAME: Erica H O'Connor HART INSURANCE AGENCY,INC. PHONE 508-759-7326 x205 FAX 508-759-7633 243 MAIN STREET ac No: PO BOX 700 =SS: BUZZARDS BAY,MA 025320700 INSURE S AFFORDING COVERAGE NAIC 0 INSURER A: ARBELLA PROTECTION INS CO 41360 INSURED Carl F Riedell&Son Inc INSURERS: ARBELLA INDEMNITY INSURANCE COMPANY 10017 778 Main St OSterVille,MA 02655 INSURER C: 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 TYPE OF INSURANCE ADDL SUER POLICPOLICY NUMBER MMfDDY EFF MOLICY EXP LIMITS LTR A °ENERALLIABILITY 8500033836 05/01/2013 05/01/2014 EACH OCCURRENCE a 1,000,000 COMMERCIAL GENERAL LIABILITY _ DAWA T RGf:� ENS PREMISESIEao n e S 300,000 CLAIMS-MADE IV OCCUR MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,000 POLICY PR0. LOCI $ A AUTOMOBILE LIABILITY 1020018223 05/01/2013 05/01/2014 C BMB INFO nt)SINGLE LIMIT 1,000,000 ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIREDAUTOS AUTOS a S S A UMBRELLALULB OCCUR 4600033837 05/01/2013 05/01/2014 EACH OCCURRENCE $ 1,000,000 EXCESS LIAR HCLAIMS-MADE AGGREGATE f DED RETENTIONS 10,000 $ B.-WORKERS COMPENSATION_ 00540005/3 -05/01/2013--05/01/2014 WC STATU- OTH- �f �-_AND EMPLOYERS'LIABILITY YIN _ f ANY PROPRIETORIPARTNERID(ECUTNE— N NIA -E.L..EACH ACCIDENT-_�� $�-500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes.demibe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT S 500,000 DESCRIPTON OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,M more space Is required) CERTIFICATE HOLDER CANCELLATION PROOF OF INSURANCE 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 1 C TION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered mark9 of A O The Commompealth ofMassachuset#s Departatent of Industrial Accidents Office of fmve stigations s 600 Washington&reet Boston,MA 02111 wmit massgoWdia Worlce.rs' Compensatian Insurance 4 idavit: Builders/Contractors/ElectricianslRumbers Applicant Information /Please Print Legibly Name(Busroeasldz�ionffixrmidnao: - CitylStatelZip:n S "� . Phone ik V Cp�� ✓� Are you an employer?Check the appropriate box: T)Te of project(required): I.� 4. I anus contractor and I ❑I am a employer with ❑ 6_ New construction employees(full and/or part-time)* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet" 7- ❑Remodeling strip and have no employees These sub-contractors have g. ❑Demolition. w for me m an capacity. employees and have workers' working y I 9. ❑Building addition [No workers' comp.insurance comp.insurau 5. ❑ We are a corporation.and its 10.0 Electrical repairs or additions required] - 3.❑ I am a homeowner doing all work officers have exercised their l L.❑Plumbing repairs or additions myself[No workers'comp. right of exemption per MGL 12..❑Roof repairs insurance required.]1 c.152, §1(4),and we have no employees.[No workers' 13.❑Other comp.insurance required-j *Any appHcaat that checks boa C nest also SIl out the section below shoving their workers''compensation policy infbrmatiab T Homeowners who submit this affidavit indksting they awe doing all wcci k and then hire outside contractors must sabmit a new affidn ut indicating sncli. tCont mctors that check this boot mast attached an additional sheet showing the name of the sob-moors and state whether or not those entities have employees. Ifthe sub-contmdars have employees,they must provide their workers'comp.policy number. lam an employer that is prmdding workers'compensation insurance for hay emp7nyeets. Below is the policy and job site infonnalian. Insurance Company Name: 42 o/�A, /Ile�� Policy#or Self-ins.Lic#: OCp�-,u�� ExpirationDater+�/oZ- Zo/;/ Job Site Address: _f t� Q �� e ��! 1� City/StatelZip:QSl. C)�Cr 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 S 1,500.00 and/or one-year unprisonny-mit,as well as civil penalties in the flan 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 thepruns and enalties ofpet3ury that the information prinided above t.is nw and correct sima Date: o� Phone S 0,,Ukial use only. Do not write in this area,to be completed by city or town ofji'ciaL City or Town: PermitUcense# Issuing Authority(circle one): 1.Board of Health 2.Budding Department 3.CiVrown Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone 9- 6 i Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer;or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or IocaI licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance.coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their cert ficate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to cant'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 of insurance coverage. Also be sure.to sign and date the affidavit Tlie affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance.license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"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 (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would lice to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachuset& Department of Industrial Aoeidsnts Office of kvestigatiGw 600 WasEngtoa Street Boston.,MA 02111 Tol.#617-727-4900 W 406 or 1477-MASWE Revised 4-24-07 Fax# 617-727-7749 www.mass,gov/dia ,� ;COMMONWEALTH OF MASSACHUSETTS,;; :;><' "111111111111115 • • - • • - SH E ET:;;M` TA'L I SSUE:S...;,T:HE FOLLOWING C'E AS A MASTER.-UNRE5TR1-CTED .,, ti, f 777 � R I E D E L L �. W. f i 2 i CARL F 'R I'ED`ECL "A 14B..:SONS' ,;,. �.•� ._, W :;.7::78;;_Mkf:N ST 057- `E'RV'1 LL<E.;:;r<:>;. `MA 02655-201'1'" ::>:::<:<:: . e i — i . I r 4 � 1 f! oFTME�a�, Town of Barnstable Regulatory Services BARNASSAHIE. * Richard V.Scali,Interim Director Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstablema.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit. l+Vl Vl C9 JA U.e I_t `-I-e (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 accepted. Signature of Owner Signature of Applicant S' Print Name Print Name Date Q:F0RMS:0WNERPERMISSI0NP00LS 10/13 Regulatory Services �t Richard v.Scali.,Interim Director Building Division Tom Perry,Building Commissioner KAM $ 260 Main Street, Hyannis;MA 02601 www.fowit.barnstahle.ma.us Fax: 508-790-6230 Office: 508-862-403 8 HOMEOWNER LICENSE EXEMPTION" Please Print DATE: village JOB.LOCATION. street number work phone# "HOMEOWNER": home phone# name CURRENT MAILING ADDRESS: state zip code city/town owner-ude f six ts or and to ed Th e current exemption for"home'"was extended to m ssess a license,cu oivided that theoownerua is as sus ervisor. ow es r homeownes to engage an individual for hire who d DEF oIl=ON OF HOMEOWNER or two 0 owns a arcel of land on which he/she resides or intends and/or ucturres.there pe son Who constru,or is intended to cts more ethan one Persons)who P Official on a form family dwelling, attached or detached structures accessory to such use shall home in a two period shall not be considered a homes oner. sha"horn work' erformue 1 untder th to e buildin ermit. (Section acceptable to the Building official,that he/she shall be r - 109.1.1) The undersigne d"homeowner"ass umes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. um inspection undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minim P The1 with said procedures and requirements. procedures and requirements and that he/she will comply Signature of Homeowner Approval of Building Official Code e: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Not Section 127.0 Construction Control. HOMEOWNER'S EXEMP rIO1v permit is required shall be exempt The Code states that: '.'.Any Chan 109.1.1-Licensing of construction Supervnsos)9 prer performing work for which ovided that.if the homeowner from the provisions of this section engages a persons)for hire to do such work,that such Homeowner shall.act as supervisor." Section 2.15) This lack of awareness often Many homeowners who�use this exemption are unaware that they „ assuming the responsibilities of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction r Board results in serious problems,.p articuer hires unlicensed persons. in this case,ou larly when the homeown Supervisor. The homeowner acting s Supervisor cannot proceed.against the unlicensed person as it would with a licensedP mmunities require,as ultimately responsible. he homeowner is fully of his/her responsibilities, onsibil tie of a Supervisor. On the last part of hpage To ensure that t that he/she understands the re p permit application,that the homeowner certify of.this-issue is a form currently used by several towns. You may care t amend and adopt such a form/cei-Eification for use in. your community.. Q:\WPFILES\FORMS\building permit fbrms\EURESS.doc• ` V Revised 061313: :+� " WebbConnect- Online Ordering System for customers of F. W. Webb Company Page 1 of 1 Welcome Carl A Riedell 0 items I Shopping Cart V I Checkout LOGOUT FINVVERB COMPANY wear eu Search by Keyword or Part Number ' ,f:4iGh0�tL HOME MY ACCOUNT TOOLS RESOURCES MY CARTS HELP Product Categories -._j Heat Loss/Gain Calculator Chemicals&Solder _per. The heat loss/gain calculation uses the IBR method to determine the healing needs for a home.It estimates: Controls , a The maximum heal loss in BTU/hr for a coldest day(helpful for furnace sizing) t. '� The total yearly heat loss in millions of BTU Duct,Registers&Grilles >k The total yearly cost for fuel Electrical Fire Protection HEAT LOSS/GAIN HOME PRINT THESE RESULTS Fillings Gas Products Building Input Calculation Results HVAC Name Jim Crocker Building �i Heating Equipment Location 312 Wianno Ave,Osterville Gain BTU 109209 Heating Parts Summer design temp.91 Loss BTU 142080 Winter design temp. -10 Gain CMF 3641 Hoses Room temp. 71 ' Loss CFM 2684 Indoor Air Quality Leeway as% 10 Base Board 246 Measurement&Instrumentation Number of people 5@400 _ Ground t 50 temp. Tonnage 9.1 Motors&Circulators G • Pipe&Tube Cooling air 50 Piping Specialties Warming air 120 Calculation Results Room Plumbing CHANGE INFORMATION Label torte Gain BTU Gain CFM Loss BTU Loss CFM Base Board Pumps Room#I 59781 1993 69985 1322 121 Refrigeration Room Input Second Floor 47428 1581 72095 1362 125 Safety Label Ext Wall height floor sq.ft Room#1 0 8 2340 Sanitary Second Floor 220 8 2400 Solar Steam Specialties ADD A NEW ROOM Tanks Test Equipment&Gauges Tools Valves Venting Products Water Systems My Account Tools Resources My Carts Help Edit Account Heat Loss/Gain Calculator Online Catalogs Current Cart Using WebbConnecl Saved Carts Product Cross Reference Line Cards Saved Carts FAQ Pending Orders Product Specification New Cart Product Codes Orders/Bids Products MSDS Information Pending Orders Product Abbreviations AR Information Plumbing&Heating Industry Unks Troubleshooting Invoices HVAC/Refrigeration Locations Contact Us? LP&Natural Gas News&Events Connecticut Divisions Residential Water Systems News Maine Our Company F.W.Webb Company Industrial PVF Events Calendar Massachusetts Corporate Frank Webb's Bath Centers Industrial Plastics New Hampshire Mission Statement Utilities Supply(USCG) Valve Automation&Controls Specialty Markets New York Company History Victor Commercial&Industrial Pumps Government Services Rhode Island Green Initiative - Webb Bio-Pharm Biotech&Pharmaceutical Maple Sugar Industry Vermont Credit Application Webb Fire Protection Fire Protection Ski Industry Employment Webb Kentrol/Sevco Mechanical Sales Sanitary Webb Pump&Service Webb Water Systems Copyright 0 1999-2013,F.W.Webb Company•All Rights Reserved.I Terms of Access(Warranty I Privacy Policy ®®0� 9sa 7n LIN http://webbconnect4.fwwebb.com/bin/f.wk?wc4.hc.next 12/4/2013 y TOWN OF BARNSTABLE BUILDING PERMIT APP CATION Map �r Parcel Application # Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation / Hyannis Project Street Addressyl ��fl�)�1D ��(>� Village (-%,y �� Owner C KC!2 �94er�� Address ,� ��j�/� od 4 D OL/a Telephone a © N Permit Request 1AVV D Kldti�' a0 I a 7 `So e A)9W -A)e�Ire CA gr4P_4!7e" EDUA)V14 ,'onl C eil O to O =1 Square feet: 1 st floor: existing proposedj_�CO 2nd floor: existing proposed tal new Zoning District C- Flood Plain C�Groundwater Overlay 8 N Project Valuation y. �� Construction Type R xf S Lot Size 1 .A d Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family 1� Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes """��\fj� No On Old King's Highway: ❑Yes No Basement Type: k'Full +crawl ❑Walkout ❑ Other � cc Basement Finished Area(sq.ft.) � Basement Unfinished Area (sq.ft) 6 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 o a Central Air: Yes ❑ No Fireplaces: Existing New Existing woodScoal stove,; ❑ s ❑ No C Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: O existing 0 nevq"size_ . - CID Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ 11A ;b Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name >(`o -f S S `ce (A Telephone Number 3 Address `7d B. r Q4, 9A E-L, QaA,_A License # 6 s % 9 CD.54-ef jd le P144. 6 9-G s" T— Home Improvement Contractor# 1,) o 22C1 Worker's Compensation #W K-56 d -Snag l 4 R•,La1S,4 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TOT!w �`3e SIGNATURE DATE — 13 ' U I' FOR OFFICIAL USE ONLY r i APPLICATION# DATE ISSUED ' rs _ MAP/PARCEL N0. "ADDRESS' t VILLAGE OWNER ' DATE OF INSPECTION: _ r• FOUNDATION -FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH 'FINAL PLUMBING: ROUGH + ' FINAL GAS: ROUGH - FINAL r �t FINAL BUILDING - DATE CLOSED OUT ` ASSOCIATION PLAN NO. r _ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE: Associated Employers Insurance Company 54 Third Avenue, Burlington, Massachusetts 01803-0970 (800)876-2765 NCCi NO 40959 POLICY NO. WCC-500-5007148-2013A PRIOR NO. I WCC5007148012012 ITEM. 1. The Insured: TRI-S Development Corp DBA: Mailing address: 72 Briar Patch Road FEIN: "'8313 Osterville,MA 02655 Legal Entity Type: Corporation Other workplaces not shown above: 2. The policy period is from 05/01/2013 to 05/01/2014 12:01 a.m.standard time at the insured's mailing address. 3. A. Workers Compensation Insurance:Part One of the policy applies to the Workers Compensation Law of the states listed here: MA B. Employers'Liability Insurance:Part Two of the policy applies to work in each state listed in item 3.A. The limits of liability under Part Two are: Bodily Injury by Accident $ 500,000 each accident Bodily Injury by Disease $ 500,000 policy limit Bodily Injury by Disease $ 500,000 each employee C. Other States Insurance: D. This Policy includes these Endorsements and Schedules: SEE SCHEDULE 4. The premium for this policy will be determined by our Manuals of Rules,Classifications,Rates and Rating Plans. All information required below is subject to verification and change by audit. Classifications Premium Basis Rates Code Estimated Per$100 Estimated No. Total Annual Of` Annual Remuneration Remuneration Premium INTRA 404881 INTER SEE CLASS CODE SCHEDU E Minimum Premium $316 Total Estimated Annual Premium $1,113 GOV GOV Deposit Premium STATE CLASS MA 5606 MA Assessment Chg. $34 This policy,including all endorsements,is hereby countersigned by 03/25/2013 Authorized Signature Date Service Office: Miller McCartin i 54 Third Avenue 973 lyannough Road Burlington MA 01803 Hyannis,MA 02601 WC 00 00 01 A(7-11) Includes copyrighted material of the National Council on Compensation Insurance, used with Its permission. , The Commonwealth of Massachusetts \ Department of Industrial Accidents Office of Investigations - 600 Washington Street _ Boston, MA 02111 www.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le bly 'Name(Businessiorganization/IndMdual)."Vt-Z _ S be d e t o p y,tail 4- (c e/y Address: . City/State/Zip:&SS* J,., i L tcy V AA !� ZG3r� Phnnt-# SSG —7� , "•�i r� Are ou an employer? Check the appropriate box: Type of project(required); 1. I am a employer with(— 4. ❑ 1 am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6,,E�New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet 7. ❑Remodeling shipand have no employees These sub-contractors have 8. F]Demolition . working for me 'many capacity. employees and have woiikers' com insurance.$ 9. ❑Building addition [No workers'comp.insurance P• required] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions 3.❑ 1 am a homeowner doingall work officers have exercised their 11. Plumbing re ❑ g pairs 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:PS S oe I A �-e j T_vn,,,o I.. /._KC e CC!r ja n�, y Policy#or Self-ins. Lic.#:U_,,Ce_ ,5-CQ s,�Ga /�/�" �o/ A Expiration Date: 4\Jt e Job Site Address:3 t 1,0 `/\A(> I Ci /State zi : -•t 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 ce under the pains and penalties of perjury that the/information provided above is true and correct; Si ature; scl Date. C Phone#: c 6 Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/Ucense# 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#: Town of Barnstable Regulatory Services f t ' 'arAsg Thomas F.Geiler,Director 1639 �0 Building Division . Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us . Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section. 11f Using A Builder All as Owner of the subject ptoperty herebyauthorize -� j,� to act on my behalf, in all matters relative to work authorized by this building permit Ns (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.accepted. S ature f t Signature of A pllant' �I " t't •�bGl �V°�C ds l��' !�c r�� J►�'e Print Name Print Name l3 Date Q:FORMS:OWNERPERMISSIONPOOLS 6/2012 Town of-Barnstable jTME Tp�� 19fC.r _.:�i• .� Regulatory Services E aARlvSTwRr.0 Thomas F.Geller,Director �� Building Division t� �a Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 62601 www.town:barnstable.ma.us . '. Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. • DEFINITION OF 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 procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction.Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner.acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification.for use in your community. Q:forms:homeexempt Office�tCod`sumer ftarW&7BW1dWXegd7a'Lon e;iccuscut:�egwtrauuu rauu,v�'wwvmw u,evuly _ HOME.IMPROV�MENT CONTICETOR before the expiration:date. If found return to: Registrab°n ,170270 Type: Office of Coosomer Affairs and Business Regulation Expiration: -,10/4/2013 (orpgration 10 Park Plaza=Suite 5170 Boston4 02116 EI/ELOPMENT;_CORP .: >GOTT ..��=`� - . •. BRIAR PATCH:ROAD ;ter )STERVILLE,MA•Q2655 K _ . sz L'ndeiseesetary Not valid w thout signature: - ll:ts.tihu ctt.: laejr!rimr€tt of tp!ilik Sato; x Boa!tl rat S ultltn�, Ac�,lalatau�t :int! >taiular(I: ConStruction Supen.isor License License: C5 65898; SCOTT$` -SHIELDS* 72 BRIAR PATCH:RD. � r t OSTERVILLE,MA:02655 € X ration: 7/1012013 Tr-: 11168 a �j • i v , " Premium Worksheet - Rate Calculations Bond Number: LSF205916 Transaction Type: Renewal(With Certificate) s " Transaction Date: 06/11/2012 Transaction Eff Date: 09/09/2012 Principal: EAST BAY OSTERVILLE TRUST Contract Price: 0 LMS Share(%): 100.00 Bond Amount: 956 Class Code: 906 i Effective Date: 09/09/2012 Expiration Date: 09/09/2013 Time Surcharge(%): N/A Adv Payment Discount(%): 0 Flat Term Premium: 100 State/Territory: MA Filed Company Min Premium: 100 .,.t e".'.. .,..,.•tee.,.. ,+,r.? �^ +a+..1,.,.,aY ,4�'�".�,.,....,,... x -Rate ;'Prem Plan End_ , Base"- Premium Adv' LMSw hP/R kLyTotal `Comm Commission r Scale Rate DevRate uAmt £ �rrr +Pay,�Share,Earned �PremwmRate �L � ` ' ' �J µLL* « _. � , 0 -'?�,�, ,..: i c(' )f-�,'"` � t, 4; M,*. '-- `� .o ;,t�• G '"',�-�'yr-g�i. �. ., �o ��'� - .,Y: �.. rr T'J �: �.+• T /O,j.�,f f-;�; M +� :r�, r�sint; � �<.J.F DISC/O�*�7 /O.._yt ijx../Ofu "if ,,,�fi f�.� /0�:. 2i cK ^.i+t ' Term:09/09/2012 to 09/09/2013 Remainder 0.00 0,0000 0.00 956 100.00 0.00 100.00 100.00 100.00 30.00 30.00 9 r•�^'^,y,�. .,R w•- ..., r...-;,ram +r�r;r.wtr 3-- cy - .. ^"^".� "-�• � �...t..:,....,Jr GmW�\J+� �i. i 4 iYi+�*'+"'`�t�� '"��:"•v�R....�..�(Y+�'rG �x.' e, +e„ i�ui(SLa'.rSri'r.�� R{ Total: 100.00 30.00 i Premium Taxes&Fees Commission ` Total Premium/Commission Previously Billed 0.00 0.00 0.00 Total Premium/Commission Waived 0.00 0.00 0.00 Total Premium/Commission To Be Billed 100.00 0.00 30.00 i Transaction Comments: System auto renewal transaction F- b 'v Page 1 of 1 1nu y ~ Town of Barnstable do Building Department - 200 Main Street BARNSTABLE, : Hyannis, MA 02601 9 MASS. 16�9. . (5081862-4038 CFO MA'S a Certificate of Occupancy Application Number: 201303659 CO Number: 20140150 Parcel ID: 140157001 CO Issue Date: 11113/14 Location: 312 WIANNO AVENUE Zoning Classification: RESIDENCE C DISTRICT Proposed Use: POTENTIALLY DEVELOPABLE LAND Village: OSTERVILLE Gen Contractor: SHIELDS,SCOTT Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: FEES WERE PAID UNDER PERMIT 200803622 ew�-�7// v Building Department Signature Date Signed { .r TOWN OF BARNSTABLE A OF INE %iA 201303659 &4MSTABLE, i Issue Date: 06/24/13 Per it MASS. ArFC 339. a�� Applicant: SHIELDS,SCOTT Permit Number: B 20131462 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 12/22/13 Location 312 WIANNO AVENUE Zoning District RC Permit Type: NEW SINGLE FAMILY HOME Map Parcel 140157001 Permit Fee$ .00 Contractor SHIELDS,SCOTT Village OSTERVILLE App Fee$ .00 License Num 65898 Est Construction Cost$ 450,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND HOUSE PLAN CHANGE TO EXISTING PERMIT-NEW PLAN IS REDUCED PAIS CARD MUST BE KEPT POSTED UNTIL FINAL SIZE BY 1200 SQ FT.HOUSE TO BE ATT TO NEW 3 CAR GARAGE FC UN INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: CROCKER,JAMES H JR TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P 0 BOX 496 INSPECTION HAS BEEN MADE. OSTERVILLE,MA 02655 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 P NENTLY. 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 MAYBE 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.I42A). POST THIS CARD SO THAT i BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 � 1 fi/ � — a�� 2 2 O A- q 2 i l y 2� /1 � to 3 �1 1 w a gd Engineering Dept T v'VA File pt 1 5 Board of Health k,� 3 J`� � i TOWN OF BARNSTABLE BUILDING PERMIT.APPLICATION, - `(`C�.p :� .�� (�V� � .. :� :. • , � Map I y: . Parcel 15 Application # b 0 U Health~pivision Date Issued Conservation Division Application Fe 160 Planning Dept. b'ki Permit Fee A:' S Z� Date Definitive Plan Approved by Planning Board Historic - OKH Preservation/ Hyannis Project Street Address 31 2- 1 A 4V N 0 AV E, Village ��= ��-G� Owner `YA7nE S <Aff YLkWL_ N-&T Address /®V 60, 1% 0SIW/MiC Telephone :5Ok-112Z— 9T00,. tt��/G �c�3 64 76 Permit Request C6 NSWY )cT" N i- i S 1 AJO LE ¢- "I L-V _6"J IrztC-IA14 A-TTAL/ _3Ct'h2 ': CA 4 3� rvL } Square feet: 1 st floor: existing proposed 33002nd floor: existing proposed Tota.Tew.�2 me". w U3 Zoning District Flood Plain Groundwater Overlay o Project Valuation AM Construction Type z � Lot Size 1 P At Grandfathered: ❑Yes ❑ No If yes, attach suppo ing do�erAtion. Dwelling Type: Single Family tV Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes -AN-" On Old King's Highway: ❑Yes 4NO Basement Type: VFull ❑ Crawl Walkout ❑.Other Basement Finished Area (sq.ft.)20D Basement Unfinished Area(sq.ft) �CJ� Number of Baths: Full: existing� new Half: existing -ew Number of Bedrooms: existing*new ^� 't r rc~> Total Room Count (not including baths): existing ��new First Floor Rock''Count.P Heat Type and Fuel:yp J�Gas ❑Oil ❑ Electric ❑ Other y o v Central Air: ,yYes ❑ No Fireplaces: Existing New Existing wood/coal tove: ► "Yes f - No. r Detached garage: ❑existing ❑ new size Pool: ❑ existing ❑ new size _ Barn: ❑ existin ❑ new size_ Attached garage: ❑ existing new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ,dMo If yes, site plan review # Current Use �- -- -- -— e_- —Proposed Use --"'IA16 L A—r ;�f7Y LLy/ 1��i�f�G _ •�--� APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name Po �� ` Telephone Number SO � 'l� 2`J-"q !�. Address 7 60 3-t9' r° C:� ` 2.G✓�'d License # 6 S 97 O7Nv 'I6f_v✓t 1 � � Ga�" a�C S`S Home Improvement Contractor# l Worker's Compensation # f�i h a f e- L 7 TQ ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �f 19 CC I (� SIGNATURE/A DATE S E 1 t q FOR OFFICIAL USE ONLY i a F;APPLICATION# 60E ISSUED MAC'/PARCEL NO. }� lk. + ADDRESS VILLAGE OWNER r , DATE•OF INSPECTION: r FOUNDATION � FRAME �. INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL r FINAL BUILDING DATE CLOSED OUT; • i � { , ASSOCIATION PLAN NO. f, Current Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name J �o -� � � ��` Telephone Number Address ct el4C 2.G44 License # 6 S k OD-�e V- ✓ �C ��_K-4(.1- �3�C �S� Home Improvement Contractor# Worker's Compensation #Eik t r �Q ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO C 14 cd I i SIGNATURE G DATE S i r TOWN OF BARNSTABLE.BUILDING PERMIT.APPLICATION, Map / y:o Parcel `7 601 ~- Application # 6 a� Health^-Division ' Date Issued a_ Conservation bivisions Application FeT 6 Planning Dept. 0'1�� Permit Fee S Z Date Definitive Plan Approved by Planning Board Historic - OKH Preservation / Hyannis Project Street'Address 31 2 IN I A A11V 0 AV E, Village Owner —5Awy�S C%Ir<%(3�-LL�e.�'L 1�SpT Address A0 60YVf6 9571W/C 4 6, Telephone .`�d �f�®C� t3 �fG � c��j 6 4 76 G64.,, Permit Request C6"5,7n-V CT- /v i ,a. 5 /IAJO LE /Ltf _6tV 64-C//14 A_T_1_AZl1FZ9 '� C AiAL: -4 F Ita e� e Square feet: 1 st floor: existing proposed 33002nd floor: existing proposed a TotaMew � Zoning District Flood Plain Groundwater Overlay Project Valuation AM Construction Type z: � ��._... cis Lot Size_ it Grandfathered: ❑Yes ❑ No If yes, attach suppo ing doTu'mercP0 Ation. Dwelling Type: Single Family -.tY Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes A'"o' On Old King's Highway: ❑Yes 1411iQ0 Basement Type: AqTull ❑ Crawl 4Walkout Q.Other Basement Finished Area(sq.ft.)/2U0 Basement Unfinished Area(sq.ft) Y00 Number of Baths: Full: existing_ new Half: existing new Number of Bedrooms: existing*new ~ Total Room Count (not including baths): existing ��new First Floor Ro ' ,i Count p j Heat Type and Fuel: JyGas ❑Oil ❑ Electric ❑ Other � o Central Air: Yes _. ❑ No Fireplaces: Existing New Existing wood/coal to 4-Yes*No'. s Detached garage: ❑existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existin ❑ new size_ Attached garage: ❑existing �Vew size _Shed: ❑ existing ❑ new size Other: Z 3 Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes IA No If yes, site plan review # Current Use - Proposed Use .'51,,V6 LA—r r717Y/LI �w�:L2//1✓!� APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Na kmeg phone um r & 5Address T 1) 6bx4Pcense �00 �� ome mprovemen Contra for# o er's Compensati ALL CONSTRUCTI �ESRESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE r 1/ If tf Z)4y)o Aww"erll /�ek FOR OFFICIAL USE ONLY . ',APPLICATION# DOE ISSUED VAQ/PARCEL NO. - ADDRESS VILLAGE i OWNER - R DATE'OF INSPECTION: j FOUNDATION FRAME ' INSULATION - y FIREPLACE f a, ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL - GAS: ROUGH FINAL '. FINAL BUILDING ' ,I f DATE CLOSED OUT ASSOCIATION PLAN NO. i i PROJECT 1 NAME: O i 'ADDRESS: PERMIT# 1 �'� Q 1 PERMIT DATE: M/P: I L(o LARGE ROLLED PLANS ARE IN: BOX SLOT Data entered in MAPS program on: '5 ^� BY: q/wpfiles/forms/archive okTM� 'W Town of Barnstable Department of Public Works Engineering Division 367 Main Street, Hyannis MA 02601 Office 508-862-4088 Thomas J. Mullen,Director Fax: 508-862-4711 Robert A.Burgmann,Town Engineer SUBJECT: Numbering of Buildings Map No. '�O Parcel No. l S 7', Date: 3eP►T a S� aou-o Dear Property Owner, Notice is hereby given in accordance with the General Ordinances of the Town of Barnstable, Chapter III,Article V, Numbering of Buildings, adopted March 3,1931-,_revised July 21,1994, public convenience and necessity requires.the assignment of.numbe�3 I for your property located on W(A tic) STREET NAME VILLAGE This number should be affixed to your building so that it is visible from the street as outlined in Exhibit"E", Town of Barnstable Rules and Regulations for Numbering of Buildings. Please contact the Engineering Division at(508)862-4088 to verify E-911 records when the change is made. Robert A. Burgmann, P.E. Town Engineer encl.: _ T.O.B. Rules& Regs. _ Common Questions _ Site Map _ Assessors Change Form /vim : �',�,� �i� �Gvrk,�m Ave- to-r �a�� _ 1( •fig , Y h .• M� .;,. INI POUT lk MT .. .; i ti`� 'emu _ S� �, �� `•. jv fallonfence @ comcast.net Q (No Subject) November 18, 2013 2:10 PM Now J� �a. i;� •1A "-y . _ 'tj 1 � MI 111111 11011 fal lonfence @ comcast.net (No Subject) November 18, 2013 2:14 PM ADL "~ now IZen i son Ma"Olow 3i,lyja;Z:41` 9 i1 Swim Ch��sar Fe�Hrr. P "Top Pith"and _ "V it'ca#Piul�e.Nlagi�s tkatth DO H1NrsES ' &Irtvjin Hiogrry Nlaia nriarmc arnt 'prim, DCUbW_Aoin( r^ROt iirlye=:-PTv01 art;, 11 Scrgrra Dour yirges $cTeen.Oruv Links D [ (ll W&!Thr 1 oti Hing�r.,; t)f r131 FtrryC:y_Hingr5 InviniVe.Hirt DOOf!Liriiviarir eL CABINET HI S SentG:mA331ed �bi�r_t l li,- E:ZII- ^ean Hingex DlEsjt Hu'v�a� Sr:-�cs M::untetz+'.ciEnmel' ' 0 E•mizintaNe�Pe= ouJigjale Him 0Vert3y Hini3r ,LRij�ap A P7fU31 t t[:ct Hlrty r: Fivgt Hiny ,fgrC Shiner, 3_ITi elf r GG t'ivol Nor Mdit - tft[er�riR rt=41t l.rtrtr?P^.:ihi . Amerock Hints • These I noL,ct_4 lrigr�er�gate lalches e:e ideal tOf 53fe1Y gat en'0Cm0-lcnu klr:Hutge.:, child safety area;such a:Ghild6wf.:c--werf': _ wound swimn>rag M')If.and Vef is i 0601 1 5 . For metal,»hr>d and triatyl gatP;• Soft close forOoOr; C.3bin&t Knotr3 3 Fulls. CPtIC91 Pull'rr K3ul for t ellar g31c Ideal ate b C a4_�tel.hLardwace 'Top I'rrll"model for shr r�i:r,gate�tlr r31trS dniCal q* herght is 4t's'), 9 'pht I-'spy and the • 1o1 T*10 v')ordeicer the g ep 1SetVet r n Che�d�af1r1�o�t is liprn,+,rg,.to I-Tl s'. If your pp j larger F!lRNII`URE H�GES ( l2' a?•]order�gap spacer krq ^, T?blt Hm r- • The i ` d,S KU 928025 g-, .,h Hinges �,I to hE.gftt k._rps.3he felease krjob oi11'()f reacPi of 5att1(i children.. FiBmTrr 1pp Table HBx;� • The vi rtic:31 pule morsel f hOrh3v model]alma rri ikes a goad ratr,.h for pzt gate. sk Tipped Fling: . t'110 latch r_<An 6--di"Ved(hotly t ]riZ�n18 ty and v :iically i Miter tr,�at�llation ak r lire7es 1 • Latch h -'3VAIrig Maehine Pjhq,:^ buil9 in key o. 7tM lock. - C-117eak-d dry es • Inclucrey rtmunbat fi3,t6r�is—Arid 2 kees, f3- ^:4t! fIt( ,e.l3tChcs_31`1 be irl t't&+�d cS-s tou1d pc,;,t gate-'Ind feaAc•tvih:itC'lJ g2pa2�which i,GUr �L=Ci�I PurpJse FiJfv4ury Round Pr�,tAd-.10or Kit. erce a(MOtor kit will ac�_onzodare(LiameterS Fra:•n�-3r�'ta 7_-5r8'. t -„tt Hingr, • In case of loss c break:2 e,1%�rsff�7 a relic rc merit.strikes 6or ihr;;arfldurt f,S �J y f 2pL3 }. Grp•;;vrpMn•.durRwaresni:rc*.comJhiruj�s�•L:A7f+F11NGFS+AhE1J r HArtD%'ARFi...jte rdlrthni.X7? ,,PYPuI C e.1ia:T+4��yrrri��IeP�ll�;?.1 i td:��farl,aErli Pzge t cif 3 Poolguard Alarms -pool alarm, door alarm, gate alarm,pool safety, child safety Page 1 of 2 HOME I CONTACT US I BUY POOLOUARD I PRODUCT MANUALS IWWARRANTYREOISTRATION �• i I • ABOUT � POOLGUARD FAKES i Poolguard Alarms: DOOR ALARM - Model DAPT-2 •Pool Alarm—Model PGRM-2 •Pool Alarm—Model PGRM-SB •Gate Alarm Door Alarms -NEW •Door Alarm-DAPT-2 (Sounds in 7 seconds) C •Door Alarm-DAPT-WT (Sounds immediately) • Other Information: ' •Contact Us •Buy Poolguard - •Product Manuals •News From Poolquard p •Warranty Registration POOLGUARD/PBM INDUSTRIES,INC. •UL Listed to UL 2017 has been manufacturing pool alarms,door •Important Safety Feature alarms,and gate alarms since 1982.All •Complies With Building Codes Poolguard products are proudly Made in •Simple To Operate the USA.Poolguard Door Alarms comply •Automatic Reset with all building codes and are UL Listed •Battery Powered under UL 2017.The majority of children •Easy To Install that drown in pools go out the back door •85 dB Horn At 10 Feet first and Poolguard's Door Alarm can help •Pass Through Feature For Adults protect those doors.Adult pass through •Low Battery Indicator feature allows 15 seconds for adults to pass through the door without the alarm sounding. POOLGUARD DOOR ALARM 1 Year Warranty 0 1.f2`f `��ISil1I0 bE :11 Nb OZ dVW WE 319VISM2 30 NMOl http://www.poolguard.com/door.asp " 3/19/2014 Poolguard Alarms -pool alarm, door alarm, gate alarm, pool safety, child safety Page 2 of 2 IL • • The Door Alarm will sound in 7 seconds when a child opens the door,and the alarm will continue to sound until an adult comes to the door and resets the alarm. i Poolguard Door Alarm will sound in 7 seconds even if a child goes through the door and closes it behind them. • The Door Alarm is always on and will automatically reset under all conditions. • Poolguard Door Alarm is equipped with an adult pass through feature that will allow adults to go through the door without the alarm sounding. • Optional screen door kits can be purchased for the alarm,this kit allows you to get air through your screen door without the alarm sounding. • Poolguard Door Alarm uses one 9-volt battery,(not included)with a battery life of approximately 1 year. • The Door Alarm is equipped with a low battery indicator that will audibly alert you when your battery is getting low. • Poolguard is the only door alarm that is UL listed under UL 2017 for water hazard entrance alarm equipment. Door Alarm PDF manual All Products Proudly CALL TOLL-FREE C E IMI" o unto Dip http://www.poolguard.com/door.asp 3/19/2014 i r ,� V1/ithmoresun � enetration , Dols can Quality Solar Covers vrarmIF uickerand w"baw-W-0t9 MP q / M � + 1 • virgin j Food Grade '� • ftg(�M UW DDDDffttm rovide a Ion � e,r I�a&s�Jin g q Yqy r 0 Amsterdam,NY 12010 0 1 ..800.947.7767 Pools@NTIGlobal.com coversOur 1 i quail t Solar Covers y p ° �LJLI�IlLJLJLJ�X:.�.I f , t P9 Box 189 ®e Amsterdam,NY 12010 1.800.947.7767 Pools@NTIGlobal.com Our covers hold up!T"` You searched for SOLAR COVER I Page 1 of 3 English Tomorrow's Reality....Today SEARCH RESULTS FOR:SOLAR COVER Solar Covers NTI Global Manufacturers heavy-duty solar covers. Solar Covers from NTI Global keep pool water temperatures warm, reduce water evaporation, conserve energy and lower your heating costs. • All NTI Global Solar Pool Covers are Manufactured in the USA • Unmatched quality backed by warranties Blue, Clear, Black and other colors available in varying mil thickness • Bagged of boxed to fit your company's needs • Fast turnaround with high productivity to meet your demand Pool Division NTI Global Manufacturers heavy-duty solar covers. Solar Covers from NTI Global keep pool water temperatures warm, reduce water evaporation, conserve energy and lower your heating costs. • All NTI Global Solar Pool Covers are Manufactured in the USA • Unmatched quality backed by warranties Blue, Clear, Black and other colors available in varying mil thickness • Bagged of boxed to fit your company's needs Fast turnaround with high productivity to meet your demand Warranty Your NTI Global Solar Blanket is guaranteed by the manufacturer to be free from defects in material and workmanship under normal use in accordance with the Manufacturer's Installation and Use Instructions. http://www.ntiglobal.com/?s=SOLAR+COVER&lang=en 3/19/2014 It You searched for SOLAR COVER I Page 2 of 3 The only things covered under this warranty are delamination and seam failure.This warranty does not apply to damage resulting from accident, misuse or abuse of the product, or alteration or modification of the product after your purchase.THIS WARRANTY IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES.TO ... Continue reading Polar Shield TM Polar ShieldTM' Winter Covers Supporting an American manufacturer and American workers, the Polar ShieldTM' Winter Cover is available in standard stock sizes and custom shapes. Manufactured in Amsterdam, NY these heavy duty covers are designed to last—and that's why we're giving it a LIFETIME WARRANTY. What makes the Polar ShieldTI Winter Cover different? Heavy Duty Is the coating so thin that you can almost see through your winter cover? Not on the Polar Shield TM Winter Cover. This cover... Continue reading Product Divisions NTI Global specializes in the production of nine divisions: 1) Events &Tents: Sidewalls and Accessories 2) Industrial Ducting/Hoses 3) Foil Bubble Packaging 4) Dog Agility Tunnels Products and Accessories 5) Fabric Converting 6) Template Perfect 7) Solar Pool Covers 8) Profile Extrusion 9) DogSport Magazine Scroll through our website menu of Product Divisions to learn more about what NTI Global manufactures. About NTI NTI Global is a diverse manufacturing corporation. NTI Global specializes in the production of nine divisions; Events &Tents: sidewalls and accessories, industrial ducting, packaging, dog agility products, fabric converting,template perfect, solar pool covers, and profile extrusion.With years of hard work and dedication, NTI Global has expanded the business and now serves customers all over the world. Made In http://www.ntiglobal.com/?s=SOLAR+COVER&lang=en 3/19/2014 You searched for SOLAR COVER Page 3 of 3 The USA. Manufacturing Excellence for Over 30 Years! An American Company Producing American Quality.When you shop USA, you are supporting ... Continue reading Fatal error:Call to undefined function twentyeleven_get_theme optionso in/nfs/cl0/h03/mnt/143137/domains/ntiglobal.com/html/wp- content/themes/nti/sidebar.php on line 10 http://www.ntiglobal.com/?s=SOLAR+COVER&lang=en 3/19/2014 �o 00 PHYSICAL PROPERTIES DESCRIPTION PRODUCT SOLAR COVER Linear Low Density Polyethylene and Low Density Polyethylene i UV Light Stabilizers, Blue colorant The technical information, suggested uses and applications presented are made with- out charge and are believed to be reliable; however, NTI Global disclaims responsibility for results of use of this information. NTI Global makes no warranties, either express or implied, concerning our materials, including any statements or suggestions as being inducements. All users should rely on their own test in determining suitability. Th,is product data sheet is effective January 11, 2011 and supersedes all previously published data. NTI Global e' P.O.Box 189 4 Amsterdam,NY 12010 Q P: 1.800.947.7767 F:518.843.0828 Ij �r ' The Commonwealth of Massachusetts Department oflndustrialAccidents l�"/ Office of Investigations O� d1 600 Washington Street V, Boston, AM 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): ez/P �O�IK�� ` �s✓]� Address: -7,2 Zrr',/' P , Q G 14•d City/State/Zip: /j� dt. ((c AAA 6-2.0 T Phone.#: 5 G �. 7 ?7 Are you,an employer? Check the appropriate boat: � 1.�"I am a employer with 4. 0 I am a general contractor and I Type of project(required): 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 workingfor me in an capacity. employees and have workers' Y P tY• 9. E] Building addition [No workers' comp, insurance comp. insurance.1 required.] 5. [] We are a corporation and its 1.0.[] 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.❑ Other comp.insurance required.] 1.1 *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 thcn.hirc outside contractors must submit an cw affidavit indicating such. rContractors 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 employ=,they must provide their workers'comp.policy number. X am an employer that is providing workers' compensation Insurance for my employees. Below is the policy and job site information. Insurance Company Name: ( 1-1 1 -u k U to Policy#or Self-ins, Lic. #:�(�j dl �(r—`' 7 G Expiration Date: - '51— G C/ Job Site Address: CI-'t c1 0 V C City/State/Zip:_iS 4C f v 44,/�L' ev, 3, 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 tip 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 o perjury that the information provided above is true and correct. Si ature: Z�� 4 1 1 Date: l Phone#: Offtcial.use only. Do not ivrile 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/Toym Clerk 4.Electrical Inspector S. Plumbing Inspector 6. Other Contact Person: Phone#: 1 tes 5/5/2008 Times 11s44 AN Tor @ 9,15084201936 Pages 002 ACORD- CERTIFICATE OF LIABILITY INSURANCE Osrosrm PRE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dowling&O'Neil Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 973 lyanough Rd., PO Box 1990 Hyannis,MA 02601 INSURERS AFFORDING COVERAGE NAIC• INISURED INsuRERA: A.I.M. TRI-S Development Corp. INSURER B: 72 Brier Patch Road INSURER C: Osterville,MA 02M INSURERD: 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LA'S GENERAL LIABKM EACH�CURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGSE E TO RENTED $ OM CLAIMS MADE OCCUR MED EXP one nson PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea ant) $ ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Pe►De—) $ HIRED AUTOS BODILY tI;RY $ NON-OWNED AUTOS (PePROPERTY DAMAGE $ (Per accident) GARAGE LIABLM AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LL18LLR1f EACH FENCE $ OCCUR 17 CLAIMS MADE AGGREGATE S S DEDUCTIBLE $ RETENTION $ $ A womamC�ENSATIONAm SINDER267690 05/01/08 05/01/09 X wcsTATu OTH- EIeLOYES'LIABIITY E.LEACHHACCIDENT s500000 ANY PROPRIETORIPARTNERIEXECUTNE OFFI BER EXCLUDED? NO E.L.DISEASE-EA EMPLOYEE S500 000 n .deeortbe under g E.L.DISEASE-POLICY LIMB OOO OTHER DESC FER 0 TIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Insurance coverage is limited to the terms,conditions,exclusions,other limitations and endorsements. Nothing contained in the certificate of Insurance shall be deemed to have altered,waived,or extended the coverage provided by the policy provisions.Officers are included under the workers (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLM BEFORE THE EXPIRATION Town of Barnstable DATE THIBREOF.THE ISSUING DMIRER V&L ENDEAVOR TO MIL __jjL DAYS WRITTEN 200 Main.Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 60 SHALL Hyannis,MA 02601 IMPOSE NO OBLIGATION OR LIABILITY OF ANY Iwo UPON THE INSURER,I8 AGENTS OR REPRESENMTNVEL AUTNO11111110I NTATNY#; ACORD 25(2001108)1 of 3 051926 LS1 a ACORD CORPORATION 1988 I r � ' r gkB7roffluVilrinegTe�ggulaolon`s- an tan Rars One Ashburton Place --Room 1301 Boston. Massachusetts 02108 Home Improvement Contractor Registration Registration: 148601 Type: Individual Expiration: 10/11/2009 Tr# 262957 SCOTT S. SHIELDS SCOTT SHIELDS 72 BRIAR PATCH RD. OSTERVILLE, MA 02655 - -- - Update Address and return card.Mark reason for change. Address ❑ Renewal ❑ Employment Ej Lost Card •CA1 0 5OM-07/07-PC8490 ,per �1ie -i�arnmcovxusea,/,// a�./s�aaaot"lu..aeka �\ Board of Building Regulations and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 148601 Board of Building Regulations and Standards = One Ashburton Place Rm 1301 Expiration: 10/11/2009 Trd 262957 Boston,Ma.02108 Type: Individual SCOTT S.SHIELDS SCOTT SHIELDS 72 BRIAR PATCH RD. OSTERVILLE,MA 02655 Administrator Not,6 without signature .. ........ Board of Building Regulations and Standards ConstruZLeiuC Servisor License I Li S 65898 Oil 968 jr f' E iTtion !�g/ 009 Tr# 576 SCOTT S SHIELD , 72 BRIAR PATCH RDA OSTERVILLE,MA 02655 Commissioner r O-IKE TOWN OF BARNSTABLE Building Application Ref: 200803622 BARNSTABLE. Issue Date: 05/17/10 Permit 9 MASS. �prFG 3�A� Applicant: DAVID A.PARRELLA Permit Number: B 20100917 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 09/22/10 Location 312 WIANNO AVENUE Zoning District RC Permit Type: NEW SINGLE FAMILY HOME Map Parcel 140157001 Permit Fee$ 100.00 Contractor SHIELDS,SCOTT Village OSTERVILLE App Fee$ 100.00 License Num 65898 Est Construction Cost$ 1,000,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND NEW SINGLE FAMILY 4 BEDROOM HOME THIS CARD MUST BE KEPT POSTED UNTIL FINAL 3RD AND FINAL EXTENSION TO EXPIRE 9/22/10 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: CROCKER,JAMES H JR TR BUILDING SHALL NOT BE CUPIED UNTIL A FINAL Address: P O BOX 496 INSPECTION HAS BEEN AD . OSTERVILLE, MA 02655 Application Entered by: SS Building Permit Issued By: �Z2� THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PE NENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE J SDICTION. STREET OR ALLY 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 CONTSTRUCTION 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). ' o W)�� _ o BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health My File Edit Tools Help Application 1200803622 Applicant GC-GENERAL CONTRACTOR Status [E EXPIRED Owner 198351 ... Department 16300-BUILDING DEPARTMENT ICROCKER, JAMES H JR TR Project/Activity 1101 -NEW SINGLE FAMILY HOME - Contractor DAVID A PARRELLA Description 1 INEW SINGLE.FAMILY 4 BE M HOM5 Business i � Description 2 12ND EXTENSION TO �3J22/10 Fees effective 07/0812008 flt_ Assigned to - Property/Use DatesJ Misc Permits l j Non-Conforming Type Status Issued Contractor Fee Total Unpaid RES APP FE ISSUED 07/0812008 SHIELDS.SCOTT 100.00 .00V- NEW ELEC REVIEVJINC 150.00 150.00 i FOUND ONL REVIEVJINC SHIELDS.SCOTT .01 .01 RES GAS REVIEVJINC .00 .00 i RES PLUMB REVIEVJINC .00 .00 1ST EXTEN ISSUED 1 11' SHIELDSSCOTT 50.00 it 2ND EXTEN ISSUED 09/22/2009 SHIELDS.SCOTT 75.00 .00 RES NEW ISSUED 09/23/2008 SHIELDS.SCOTT 5.100.00 .00 COO RESDI\ REVIEVJINC SHIELDS.SCOTT 25.00 .00 ' s Total fees 5.500.01 Total unpaid 150.01 i 12�3 Prerequisites C�HazrdJRestr t�Names 23Bonds t�Sub-Addrs �T.ext L�Plan Review 0 l Prior History t✓Inspections (:?Violations L,=�'Revievvs Open Items C�yVdarnings Find Related �I I [OVR TOVjpq OF BARN- STABLE ?n!g ty y t �I PE1 3. 2 Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Permit#200803622 312 Wianno Avenue, Osterville (140-157-001) Dear Commissioner Perry: I am writing you today to request an extension pf permit#200803622 issued for the property located at 312 Wianno Avenue, Osterville, Map 140 Parcel 157-001 in the name of James H. Crocker Trustee/ Scott Shields. Enclosed please find a check in the amount of$75.00 for the requested fee. Thank you for your help in this matter. Should you have any questions please do not hesitate to contact me at 508-428-8800. *=Iesc�er, r. �oF1HE►° Town of Barnstable Regulatory Services • j,&AR"M-An '�' Thomas F. Geiler,Director 039.,�A`� Building Division Tom Perry, 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 as Owner of the subject property hereby authorize to act on my behalf, in all.matters relative to work authorized by this building permit application for: (Address of Job) S aO� der ate Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. Town of Barnstable' �pF THE Tp�� 0 Regulatory Services .. Thomas F.Geiler,Director aAxxsswBtt:. MASS. Building Division �lfD �a Tom Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 vt ww.town.barnsiable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION' Please Print DATE: ' JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF 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 procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be.required to comply with the State Building Code Section 127.0 Constriction 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 parson(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption aie 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. I ENERG ' CONSERVATION APPLICATION FORM FOR ENERGY EFFICICIENCY FOR f ONE- AND TWO-FAMILY DETACHED RESIDENTIAL CONSTRUCTION (780 CMR 61.00) 4 Applicant Name: �� y�f 'C� � �r' Site.Addiess: /� �Or ✓l✓ print Town: Applicant Phone: 81DO Applicant Signatur Date of Application: NEW CONSTRUCTI ose NE of the following two o tioiis 780 CMR TABLE 6107.1 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA FOR NEW ONE-AND TWO-FAMILY BUILDINGS MAXIMUM MINIMUM Ceiling or Option 1: Slab Basement Fenestration exposed Wall Floor Perimeter U-factor floors R-Value R-Value Wall R-Value AFUE HSPF SEER R-Value R-Value and Depth National Appliance Energy R-10, Conservation Act(NAECA)of .35 R-38 R-19 R-19 R-10 4 ft. 1987 as amended,minimums or eater as applicable Note: This form is not required if you choose either of the two versions of REScheck as listed below. Option 2: )ZEScheck Version 4.1.2 or later variant software analysis must be completed (780 CMR 6107.3.2) REScheck—Web which can be accessed at http://www.enerlz cy odes.gov/rescheck/ . ADDITIONS OR ALTERATIONS TO EXISTING BUILDINGS.OVER.S YEARS.OLD* *Buildings under 5 years old must use option#1 or#2 in New Construction section above. Complete the following formula to determine the % of glazing: (a) Gross Wall & Ceiling Area equals Formula: (100 x b_ a) SF 100 x — _ % of glazing (b) Glazing area equals SF b a If glazing is <'40% use the chart below. If glazing is >40.%proceed to "SUNROOM" section 780 CMR TABLE 6101.3 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA ADDITIONS TO EXISTING LOW-RISE RESIDENTIAL BUILDINGS .MAXIMUM MINIMUM ❑ Ceiling and Slab Perimeter Fenestration Exposed floors Wall Floor Basement Wall R-Value U-factor R-Value R-Value R-value R-Value and Depth .39 R-3 7 a R-13 R-19 R-10 R-10, 4 feet a R-30 ceiling insulation may be used in place of R-37 if the insulation achieves the full R-value over the entire ceiling area(i.e.not compressed over exterior walls, and including any access openings). ❑ . SUNROOM—An addition or alteration to an existing building/dwelling unit where the total glazing area of said addition exceeds 40% of the combined gross wall and ceiling area of the addition. Note: Owner to fill out Consumer Information Form (found in Appendix 120.P) REScheck Software Version 4.1.4 Compliance Certificate Project Title: NEW RESIDENCE Report Date:07/28/08 Data filename:C:\Program Files\Check\REScheck\312,WIANNO AVE..rck Energy Code: Massachusetts Energy Code Location: Osterville,Massachusetts Construction Type: 1 or 2 Family,Detached Heating Type: Other(Non-Electric Resistance) Glazing Area Percentage: 14% Heating Degree Days: 6137 Construction Site: Owner/Agent: Designer/Contractor: 312 WIANNO AVENUE BARNSTABLE HARBOR OLSON DESIGN ASSOCIATES OSTERVILLE,MA VENTURES,INC. 55 ELM AVENUE 140 MAIN STREET HYANNIS,MA 02601 OSTERVILLE,MA 508-775-4300 olsondesign@vedzon.net Compliance:7.3%Better Than Code Maximum UA:980 Your UA:908 Gross Cavity Cont. Glazing� UA Assembly Area or R-Value R-Value or D.. Perimeter U-Factor Ceiling 1:Flat Ceiling or Scissor Truss 3019 0.0 38.0 75 Wall 1:Wood Frame, 16"o.c. 5718 0.0 19.0 407 Window 1:Vinyl Frame:Triple Pane with Low-E 556 0,320 178 Door 1:Solid 47 0.360 17 Door 2:Glass 216 0.320 69 Basement Wall 1:Wood Frame 235 0.0 19.0 10 Wall height:8.0' Depth.below grade:4.0' Insulation depth:8.0' Floor 1:All-Wood Joist/Truss:Over Unconditioned Space 3535 0.0 19.0 152 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 Massachusetts Energy Code requirements in REScheck Version 4.1.4 and to comply with the mandatory requirements listed in the REScheck Inspection Checklist.The heating load for this building,and the cooling load if appropriate,has been determined using the applicable Standard Design Conditions found id the Code.The HVAC equipment selected to heat or cool the building shall be no greater than 125%of the design load as specified in Sections 7800MR 310 J4.4. Name Title Signature Date Project Title: NEW RESIDENCE Report date:07/28/08 Data filename:C:\Program Files\Check\REScheck\312 WIANNO AVE..rck Page 1 of 4 I Affidavit of Substantial Financial Interest I, �c�� S ��i r /, S— of 2.7 ar ra,— 4 4 , on oath depose and state as follows: 1. 1 am an applicant for a building permit for the property located at Map Parcel If 2• o v/ . The address of the property is 3/9 Cc/-d ftH`+v AA,-e 2. 1 have % legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is , the following individuals or entities have had a 1% or greater legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address 4. Within the last twelve months, from today's date, which is I have had a 1% or greater legal or equitable interest in the following properties which have been 'the subject of a building permit application: Map/Parcel Address 5. Within this calendar year, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. 6. Within the last ten days, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. ,7. Within this month, I have submitted building permit applications for property in which I have a 1% legal or equitable interest. 8. Within this month, I have received building permits for property in which I have a 1% legal or equitable interest. Signed under the pains and penalties of pedury, this day of �P� , 200 F 2001-0050/affin 1 0/LOTTERY/AFFI DAVIT W GRACE S. ADAIR THE COVE At EAST-BAY C(POOM94JUM. ASSOCLATION _ N 38 29' a. `� EXLSTINGAND SUPPLEMZNTAL EVERGREEN 12 32'_ 94 SCREEN PL.UYIWGS �F PATRICIA F1N�ECA: i � �i 1 in 4� N 39 3T 30*w 200.00' < NO STRUCTURES EXISTLXG TREES r o TO REMAIN POOLAND cABA�YA ONLY 1 iO4 o w `'T ROBERT G. HALL „ 1 •� I N/F WRY ELLEN OWARE Z ,�50 fL BUILDING El0jELOPE y t PJESWLNT AL Z(XNE R-C �'— DATE: /ULY 15, 2003 i �o l 20 tt FROhT SEI HA CK-10'SIDE LOT AREA: 43,592 s-E v v 23942' PREPARED FOR- JAAMS H. CROCKER, JR. TRUSTEE i EAST BAY - OSTERVILLE TRUST / Wr"NO A `�,,. ^ P.O_ BOX 496 Q , •l u,l, ti v E J ,� OSTERVILLE, MA 02C55 PROJECT_- 312 NO AVE.—LOT 2 CA- fc� ia�n,np v The Town of Barnstable MASI ��' 'Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 11, 1997 Michael D.Ford,Esquire P O Box 665 West Harwich,MA 02671 Re: East Bay Lodge,.Osterville/Development Proposal "Jbe Village at East Bay" (m�217,218) Dear Mike: I'm sorry I have.not gotten back to you before now,but we have been busy and I am just getting around to formulating an answer. You correctly point out in your letter that the current situation is a preexisting non-conforming structure and use. There are two primary buildings and several accessory ones there now. The uses have not yet been abandoned. The property is located in the RC district. Your argument centers on the fact that because the applicant chooses to raze all buildings,he loses his rights to seek a special permit because it is then raw land. I understand your argument,but I cannot agree with it for several reasons: 1. to do this could only result in the applicant saving a small portion of each of two primary existing buildings,and then adding to them by building several more buildings. 2. It has always been my opinion that as long as one permit is taken out without delay to both raze and rebuild,the protection of the nonconformity is protected. 3. To hold otherwise encourages games,saves a less than code compliant building section and makes no sense. In conclusion,I am still of the belief that the proposal needs a special permit and not a variance. Sincerely, Ralph M.Crossen Building Commissioner RMC/lan cc: Attorney Charles Sabatt Attorney John Alger Robert Smith,Town Attorney /. t a J �_ J MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O: BOX 665 W. HARWICH, MA. 02671 TELEPHONE (508) 430-1900 d TELEFAX (508) 430-8662 December 27, 1996 Ralph Crossen, Building Commissioner Town Hall 367 Main Street Hyannis, MA. 02601 RE: East Bay Lodge, Osterville/Development Proposal "The Village at East Bay" Dear Mr. Crossen: Introduction As you are aware, Attorney Charles Sabatt and I represent a number of abuttors to the property located between Wianno Avenue and East Bay Road shown on Town of Barnstable. Assessor's Map 140 as Parcels 157, 217 and 218, commonly known as the East Bay Lodge property. (the "Premises") We have been retained to represent our clients with respect to the proposed development of that property which is now pending before the Site Plan Review Committee on a plan dated 10-31-96 entitled: "The Village at East Bay" . The purpose, of the letter is to set forth our position that the current development proposal may not proceed without obtaining both a special permit and variance relief from the applicable provisions of the Barnstable Zoning Ordinance and General Laws Chapter 40A, Section 6. Factual Background The plans and application filed by the proponents of the Village at East Bay reveal the following existing conditions on the Premises. There are four buildings, at least two of which are non- conforming in terms of side yard setbacks. Further., the existence of more than one principle structure on the Premises, also creates a non-conforming , condition. The Premises is zoned RC and apparently has the benefit of "a conditional or limited variance or special permit" issued by the Barnstable Zoning Board of Appeals on May 23, 1967, . a copy of which is recorded at Barnstable at the Registry of Deeds in Book 1366, Page 1119. The Premises appear to consist of three lots.' The existing buildings are located on the ''See the division plan of Premises recorded in Plan Book 315, Page 67 and .dated Aug. 1, 1977. large lot (3 .94 acres) and a portion of the existing tennis courts appear to be located on the two smaller lots fronting on Wianno Avenue. Both the buildings and the use of same as a restaurant and inn are allegedly pre-existing non-conforming. The proposal is to raze all four (4) of the existing buildings and tennis courts and to construct . .thirteen (13) new buildings with attached garages housing 22 multi-family units to be placed in a condominium form of ownership. Zoning Analysis For the purposes of analysis, but without waiving any right to contest otherwise, I have assumed that the existing uses and structures are pre-existing and non-conforming. As you are aware, the provisions, of the Zoning Ordinance governing the alteration, extension or expansion of pre-existing non-conforming buildings and the change of non-conforming uses have recently been amended. I respectfully suggest that the amendments are significant with respect to your decision in this matter. The prior Section 4-4.2 dealt with changes of non-conforming uses as well as alterations, relocations or increases in the size of existing non-conforming buildings or structures all in the same section. Further, said Section 4-4.2 provided as follows: "Change from One Non-conforming Use to Another: Any change of a non-conforming use,- any alteration, relocation or increase in size of an existing non-conforming building or structure to extend the non-conforming use on the same lot, or use of existing or construction of a new building or structure, shall only be allowed provided that: (emphasis added) 1) The proposed change is from one non-conforming use to one other non-conforming use only; 2) The proposed change is no more objectionable or substantially detrimental to the neighborhood; and 3) A Special Permit is obtained from the Zoning Board of Appeals. " The current provisions of the Ordinance dealing with non- conformity deal separately with changes to non-conforming.buildings or structures not used as single or two-family dwellings (Section 4-4.4 (1) (2) and Non-conforming Uses, Section 4-4.5) . Specifically, Section 4-4.4 (2) allows By Special Permit: 2 r "Alterations or expansions in a pre-existing non-conforming building or structure that do not meet the provisionss of Section 4-4.4 (1) , shall be permitted only by a special permit from the Zoning Board of Appeals. In granting such special permit, the Board must find that the proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. If the building or structure houses a non-conforming use, the provisions of Section 4-4.5 shall also apply. " (emphasis added) Section 4-4.5 deals with the special permit criteria to be applied to a petition seeking to change one non-conforming use to. another non-conforming use. The current development proposal seeks to raze the existing non-conforming structures and construct new buildings which .the proponents suggest would be conforming in all respects and then obtain a special permit under Section 4-4.5 to change the use from one non-conforming use (lodge and restaurant) to another non- conforming -use (multifamily dwellings) . This position fails for several reasons. The construction of multiple buildings on this site is prohibited under the provisions of Section 2-3 .6 of the Ordinance which provides in pertinent part as follows: "Number of Buildings Allowed Per Lot: 1) Residential Districts: Unless otherwise specifically provided for herein, within residential districts, only one principal permitted building shall be located on a single lot. " Since the Premises -are located in a Residential District (RC) , the proper application of Section 2-3.6 prevents the construction of more .than one principal structure on the lot. The current proposal seeks permission for the construction of thirteen (13) principal structures on the Premises. The result, is the creation of a dimensional nonconformity which cannot be authorized by a special permit to change one non-conforming use to another non-conforming use. Further, an application for a special permit under Section 4- 4.4 to alter the existing non-conforming structures on the site to allow new non-conforming structures cannot be used as a vehicle to construct multiple principal structures. The language of that Section is presently limited to alterations of the existing structures. The current proposal seeks to raze those structures leaving nothing to alter.2 2It is instructive that the prior provisions of the Ordinance permitted, at least by reference, the construction of a new building when seeking to change, extend or alter a pre-existing 3 As a result, the application ofthese Sections, particularly Section 2-2 . 6, make it clear that multiple principal structures, are prohibited in a residential zoning district and, therefore, require a variance from the provisions of the Ordinance. There is nothing contained in Section 4-4.4 or 4-4.5 which would authorize the Board of Appeals to grant permission for the construction of multiple principle buildings by way of a special permit. Further, there is nothing in General Laws Chapter 40A, Section 6, (which permits pre-existing non-conforming structures or uses to be extended or altered by the special permit granting authority designated by ordinance) that would confer any such authority on the Zoning Board of Appeals. Section 6 of Chapter 40A, requires that any extension or alteration to non-conforming structures be made to existing structures. . Further, Section 6 requires that when making any such change or alteration that all dimensional requirements of the current ordinance be met.3 Conclusion The pending East Bay Lodge proposal "The Village at East Bay" clearly requires not only the issuance of a special permit under the provisions of General Laws Chapter 40A, Section 6 and Section 4-4. 5 of the Barnstable Zoning Ordinance but also a variance in order to permit the thirteen (13) proposed principal structures to be constructed on this site. Would you please inform me of your decision on this matter at your earliest possible convenience. Very truly yours -Michael D. Ford MDF/djw enc. - The Village at East Bay plan/Assessor's Map CC: Charles Sabatt, Esquire Robert D. Smith, Town Attorney Ruth Weil, Asst. Town Attorney John Alger, Esquire cAdatakastney.mem non-conforming building or use. (See prior Section 4-4.3) This language was omitted from the current sections of the Ordinance governing non-conforming uses and structures. 3See Rockwood v. The Snow Inn Corp. , 409 Mass. 361, 364, 566 i N.E. 2d 608 (1991) in which the Supreme Judicial Court of the Commonwealth confirmed "that extensions or changes to non- conforming structures under Chapter 40A, Section 6 must both (i) comply with the dimensional requirements in the current ordinance or bylaw or get a variance therefrom and (ii) meet the 'not substantially more detrimental' standard. " (emphasis added) 4 L�h � to ''� ��(4 �� --�r�!�/O �a�wq ; • � 41, ,..,. a 0 n {,fit, L— py _>\`� \\�n� ;��y '+ >` •'��\• �e vttep era g c t �. �':�__� •..�Y.. ;nti ,'. ,t` + _� }} ♦` `\ J I I n i � + -7 y, _r AtV, rF�•. �} C 1 /a ,l op n IA a� li.k � � 3 •v r' BS*c, ram, .. �� y o` f4 �6V 1.90 ® ` C. � 169.1 Ovy <<e O 1�pq � JO l� IOSp °e •6?4C. ® 304C• 169-7- . / �rt 69 /.00A6 1 qp a pp 64C. 6 rep s /Vj ® O •`ISM/ . o� •a40 t D Iss 2/O b ey• oD` /C 64C ,• O SSt? •P too ROAD p O y oe, S9 2 "o Pat qC © b s*" , / c + .,9`�O V� • ZN a r •te - W s 40 155 C I. AC r 9• 4 OO / o e4S •p e6C9 ?/ r s p a p 4 hi r j �� n a 3 ro r � 136 • D' '' O O r?O O t 1 AI t:�• r /Sorg i j0 y3 S 'r/ ` •,s A ' j.90AC . 1 a NVf IN 153 / ,t •add �-"off A �e 10 t34 Q P .31 g 130 /13� ,ZS>�• (D /26 00 ' t /J/ o .� cc/2J Iq SF) 4C 0 �' s/ 'D► /dJ4C. 4j4C. Ln 1 0 4C ' /24•Z r /J m ® � •s�,� c °�' as <, `� �,1 1 44 ` y9 ? 1 AC• 4C• .e 109 � B x .52 P.C. $ d e4C ' ( 'ea �p /j ti 100 C. o � M1 /pc. g' i6 ej4 1j` d •Sq C, C. 'c. jO 1 4C d s►✓' 1or° 101 a — '•� 0 904 �I4SJ' / De .60� •6� .5t s6�c, IAA .ee4c /e pg as 4c, / 'S a .3 NOT 40. 00 y1` © „w• of �e�°` y 1 a a6�S �r qqk f A 4C M.1>,a•u �M1�.C.H . µNPRD ROAO VV m SCALE �•4001 ne a ee +m 1++/aI Town of Barnstable Regulatory.Services BAMSrABM ' Thomas F.Geiler,Director NAM E�A`0� Building.Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax:. 508-790-6230 MEMORANDUM: DATE: July 13,2000 TO: Robert Smith,Town Attorney Ralph M.Crossen Building Commissioner FROM: p g U D� REGARDING: Legal opinion Attached is a letter from Attorney Kilroy. Would you please advise of your recommendation in writing. f KILROY & WARREN, P.C. ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WIL.LIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 SENDER'S EXTENSION #209 July 13 , 2000 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 - IN RE: LOT 2-318 WIANNO AVENUE PORTION OF ASSESSORS MAP 140, PARCEL 157 Dear Mr. Crossen: This office represents James H. Crocker, Jr. , Trustee of East Bay/Osterville LLC, the owner of the above-referenced premises . My client has asked me to render an opinion to you as to the suitability of Lot 2 as a site for a single-family residence. Enclosed is a copy of the division plan which was endorsed by the Planning Board on December 15, 1997 and recorded on December 22 , 1998 at the Barnstable County Registry of Deeds in Book 545, Page 100 which shows the above-described Lot 2 . The Lot meets all of the current dimensional requirements of the bylaw and is located in an RC-residential zone . You will recall, that Lot 1 as shown on the enclosed plan, was the subject of a filing under the site plan review provisions of our bylaw seeking approval for the construction of nineteen (19) residential condominium units . Site plan approval was granted with certain conditions for the nineteen (19) . unit development on Lot 1 . The conditions , to the site plan review decision were depicted on the January .12 , 1998 plan prepared by Down Cape Engineering. (See certification letter from Down .Cape Engineering to Mr. Crocker dated January 4 , 1999 letter and plan referred to therein attached hereto) The proposed buildings and other improvements met all of the current sideline and setback requirements and the on-si.te. septic system was sized to service the nineteen (19) units . Mr. Ralph Crossen Building Commissioner Town of Barnstable Page 2 July 13 , 2000 After site plan approval, the property was the subject . of applications for two (2) special permits, one for permission to alter and expand the existing non-conforming structures to house nineteen (19) residential dwelling units (Appeal 1998-21) and a second for approval to change from one non-conforming use to another non-conforming use, viz. from the operation of an Inn and restaurant (East Bay Lodge) to residential apartments (Appeal ,1998- 22) . Although the site plan review process was limited only to Lot 1, it was decided at the special permit level to include Lot 2 because, at least during the construction period, Lot 2 was needed to store building materials, landscaping materials and to be used for access by construction vehicles . Special permits were granted, copies enclosed, under appeals 1998-21 and 1998-22 with, among others, a condition that "there shall be no construction of any dwellings and/or buildings or structures of any type whatsoever on the one (1) acre parcel of land - it shall be left vacant" (the "Restriction" ) , referring to Lot 2 as the one acre parcel . It is my opinion that the Restriction was imposed by the Board to prevent the applicant from returning to the Board for permission to construct accessory buildings or make other use of the Lot 2 area in connection with the operation of the condominium project wholly located within Lot 1 . During the use of the premises in connection with operation of the East Bay Lodge and Restaurant, the Lot 2 area was used only for accessory purposes for the maintenance of tennis courts and an access driveway. The Lot 2 area is not necessary to be used for any purpose related to the condominium project which has now been constructed and is located wholly on Lot 1 . My client wishes to 'abandon the use of . Lot 2 as a non- conforming use, i .e. a use connected with the condominium project , and change the use of. Lot 2 to that of a single-family residential dwelling use which is permitted as of right in the RC zone . Under the provisions of Section 4-4 . 5 of our bylaw "a pre- existing non-conforming use may be changed to a principal permitted use as of right . ,, t Mr. Ralph Crossen Building Commissioner Town of Barnstable Page 3 July 13 , 2000 It is therefore, my opinion, that Lot 2 may lawfully be used as a site for the construction and use of a single-family residence without further relief from the Board of Appeals . Very truly ours, KI R Y & W N, jP.C. , nard Troy BTK:j z Enclosures k:\clients\crocker\ralph - EXHIBIT A A TRUE COPY ATTEST Town Clerk � .�`P BARNSTABLE Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1998-21 -Crocker Special Permit-Section 4-4.4(2) -Nonconforming Building•or Structure Not Used as Single or Two-Family Dwellings Summary Granted with Conditions Applicant: James H. Crocker,Jr.,Trustee East Bay/Osterville Trust L Property Address: 185& 199 East Bay Road, 308&318 Wianno Avenue, Osterville Assessor's Map/Parcel Map 140, Parcels 157,217 and 218 Area 4.8 acres Building Area: 78,900 sq.ft. Zoning: RC Residential C Zoning District Groundwater Overlay: AP Aquifer Protection District Background: i The property upon which the present East Bay Lodge resides consists of 3 lots with a total area of 4.8 acres located at 199 East Bay Road in the Village.of Osterville. The property is improved with four buildings,.to include a 16,851 sq. ft. restaurant, a 9,616 sq. ft. hotel motel, a 1,600 sq. ft tower, and a 6,452 sq. ft. maintenance garage, as well as two tennis courts and associated parking and grounds. It is located within an RC Residential C Zoning District which only permits single-family dwellings as-of-right. The applicant is proposing to alter and expand the two principal structures (the restaurant and hotel) to house 19 luxury residential apartment units, each unit approximately 4,100 sq. ft Each unit is proposed to have 3 bedrooms and 3 bathrooms and apparently will range in price from $550-600,000. The applicant also proposes to demolish the two existing accessory structures and construct two accessory garage buildings. From elevations presented, it appears that the existing tower structure would be altered to house three garages and the tower itself would remain. The other accessory building would house 11 garages. The total number of structures would remain the same. The original lodge was built in 1.840, according to the assessor's records. This building was later added onto in 1912 and again in about 19M The office/tower structure was built in 1920, the 18 unit hoteVmotel in 1975, and the garage in 1980, according to the assessor's records. The two principal buildings on this site are nonconforming because of their current uses as a restaurant and hotel. Also, the restaurant and tower, located along the southern lot line, are nonconforming structures ir) terms of the minimum side yard setback of 10 feet and the maximum height limitation of 30 feet or 2 1/2 stories. The applicant is.requesting two Special Permits: t Appeal No. 1998-21 -Section 4-4.4(2)for the alteration and expansion of pre-existing nonconforming structures not used as single or two-family dwellings. • Appeal No. 1998-22-Section 4-4.5(1) for a change.of a nonconforming use to another nonconforming use. Recent History: The Board may recall Appeal No. 1997-54, an earlier proposal to raze all of the existing buildings on the property in order to construct 22 townhouse-style condominium units. In that appeal,the Board overruled a decision by the Building Commissioner that the property owner's proposal to raze the existing structures r t on the site, and to construct 13 new buildings for 22 townhouse-style condominiums, only required a Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker Special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings special permit from the Board. The Board found that the proposal would also require a use variance from Section 2-3.6 of.the Zoning Ordinance, Principal Permitted Uses. An ANR showing the reconfiguration of three lots into two was endorsed by the Planning Board on December 15, 1997. The plan creates Lot-No. 2 of 1 acre fronting on Wianno Avenue and Lot No. 1 of 3.79 acres fronting on East Bay Road. The new Lot 1 is the proposed site for the 19 unit apartment complex being presented to the Board in Appeal No. 1998-21 and 22. The 1 acre lot(Lot No. 2) fronting on Wianno meets the present zoning requirements as a buildable lot. At this time the applicant is proposing to retain part of the existing structures and expand the building coverage area, apparently to avoid a variance situation. The structures have changed from townhouse units to 19 apartment units through the introduction of a common basement and shared stairwells to the basement level. Building No. 1 is the existing restaurant structure changing and expanding to 11 apartment units, Building No..2 is the existing lodge facility changing and expanding to 8 apartment units. A center structure is to contain 11 garages and a restored and altered tower structure is to contain 3 garages. The proposal contain a total of 84,316 sq.fL of building area - 5,416 sq.fL is contained within the accessory buildings, Building No. 2 (south,side) to contain 45,600 sq.fL and Building No. 1 (north side) to contain 33,300 sq.ft. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on November 21, 1998. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened February 04, 1998 and continued to March 25, 1998, at which time the Board granted the request with conditions. An extension of time for filing of the decision was greed upon by the applicant and Board. A copy of which is in the file. Hearing Summary: . Board Members hearing and deciding this appeal were Gail Nightingale, Ron Jansson, Gene Burman, Elizabeth Nilsson and Chairman Emmett Glynn. Attorney John Alger represented James Crocker, who was present along with Attorney Bernard Kilroy; Ame Ojala of Down Cape Engineering; and John Keenan and Antonia Kenny of Keenan and Kenny Architects, Ltd. Attorney Alger requested and the Board agreed to have Appeals Number 21 and 22 heard together. Attorney Alger reported the applicant is seeking two Special Permits, one to alter and expand the existing restaurant and hotel buildings,'and the other to change the use from hotel and restaurant to nineteen apartment units. Mr. Alger had previously submitted a memorandum to the file in support of these appeals. Included in the memorandum is a deed from Nelson Bearse'to Charles Brown dated 191T, and a deed from Forrest Howard dated 1924. Both deeds talk'of the Inn...The East Bay Lodge has existed for many years and predates.zoning in the area. The Inn has a-Common Victualer's License that allows a 381 seat restaurant and alcoholic beverages to be served from 8:00 AM to 1:00 AM, seven days a week. There is also a Public Entertainment License that allows outdoor entertainment until 10:00 PM. The hoteUnn consists of eighteen rental units, plus a function room.and kitchen.' In the restaurant there are 2-three bedroom apartments, 1-two bedroom apartment,'and seven offices._There is a tower that consists of a full bathroom and office. The maintenance garage has facilities formerly used for catering. Attomey Alger reviewed the relief the applicant is seeking-two Special Permits.- One Special Permit is . pursuant to Section 4-4.5(1) to change a nonconforming use to another nonconforming use. This section provides that a.pre-existing nonconforming use may be changed to another nonconforming use only by , o Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker Special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings Special Permit and the Zoning Board of Appeals must find that the,proposed nonconforming use is no more detrimental to the neighborhood and that all of the requirements are met. He cited that: • A Board of Health permit was granted for a Bio-Clear Septic System, • According to the ITE Handbook, this proposal will reduce traffic by.93% and there is ample parking, • The proposed use will not result in an increase of on-site and off-site noise, dust, and odors, . • The proposed use will eliminate the employees and reduce the hours of operation, • It is on the same lot as occupied by the nonconforming use on the date it became nonconforming in that it has always been 4.8 acres and will remain 4.8 acres, and • it is not expanded beyond the zoning district in existence on the date it became nonconforming. Attorney Alger stated that in regards to expansion of the gross floor area of the nonconforming use, the applicant is seeking that as provided for in.Section 4-4.4(2), Appeal No. 1998-21. In Attomey.Alger's opinion, the proposal meets all the requirements of this Section, and therefore complies with the Zoning Ordinance, and is not substantially more detrimental to the surrounding neighborhood. The second request is a Special Permit pursuant to Section 4-4.4(2). This section provides for the alteration or expansion of pre-existing nonconforming structures not used as single or two-family dwellings by a Special Permit from the Zoning Board of Appeals. The Board must find that the alteration or expansion is not substantially.more detrimental to the surrounding neighborhood. These are the same issues that were previously addressed by Mr. Alger when he reviewed Section 4-4.5(1). Ame Ojala of Down Cape Engineering cited that applicant gave two alternative plans to the Board of Health for.the septic systems: One plan was strictly a Title V plan and the second plan was a Title V plan with the addition of a Bio-Clear system. The Board of Health chose to approve on January 27, 1998, the Bio-Clear Plan per Permit#98-65. Mr. Ojala reviewed his Trip Generation and Parking Analysis. According to the ITE Manual, the proposed use would reduce the average daily trips by 93%. The total daily trip generation for the existing condition is 1,387 trips and the proposed condition would generate 125 trips per day for a reduction of 1,262 trips per day. Also, based on the Town of Barnstable parking requirements, the present uses require 165 spaces and the proposed use would require only 32 spaces. A reduction of 133 spaces. There are 60 spaces proposed on the site plan. The entrance and exit from the site is to be via East Bay Road only. The rear road that leads.to Wianno Avenue-would be.discontinued. All drainage will be contained on site in a leaching area close to East Bay Road. The proposal received Site Plan Review Approval. . The Board asked about the Bio-Clear Septic System with regard to nitrate levels. Mr. Ojala noted a standard Title V system for this site would produce 14 parts/per million. The Bio-Clear System would produce 8.6 parts/per.million. The Board questioned the total acreage for this project Attorney Alger reported that the original site was 4.79 acres and this proposal is for the entire 4.79 acres, however, they will only be using the front part of the site. Mr:Alger stated that sometime in the future, there is a hope that the one acre could be conveyed out Mr:Alger stressed that this project is on the whole 4.8 acres. The entire parcel of land will be encompassed by the Special Permit Mr.'Crocker reviewed the density of other condominium units in Osterville, citing that the proposal averages 4.91 units per acre. The proposed two floor gambrel style dwelling will conform to the neighborhood. With regard to lot coverage, the proposal has a reduction of 0.14 acres or 18,000 square feet of surface coverage. That-area will be returned to landscaping and/or open space. 'As to the tax base for the Town,the property's assessed value is $1,100,000. With nineteen units selling at the..lower level price of$550,000, there would be an evaluation of$10,450,000 total that would produce. $142,000 in real estate tax revenues for the Town. i Town of Barnstable-Zoning Board of Appeals-.Decision and Notice Appeal No. 1998-21 -Crocker special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings John Keenan of Keenan and Kenny Architects, Ltd. addressed the Board on the plans. He cited that they are reducing the building height by over three feet and moving it back from the lot line so that it will now conform to the setbacks and height requirements for the district. All buildings will conform with the exception of the existing tower. The grading will conform to engineer standards. The existing vegetation along East Bay Road will be preserved because the new buildings will-be placed on the existing building footprints. The current driveway will be used. There will be substantial landscaping and when completed it will give the effect of a small village. Lighting will be low level. Mr. Keenan reported the overall length of Building #1 is approximately 550 feet long with a maximum width of 86 feet at the East Bay Road end of the site. The maximum width at the west end of the site is 62 feet. The ridge height is 30 feet, the plate height is 20 feet. The overall length of Building#2 is approximately 465 feet long, and the maximum width is 62 feet The ridge height is 30 feet, the plate height is 20 feet. As to the other buildings, Auxiliary Building#2 is 159 feet long and 18 feet to the ridge. Auxiliary Building #1, the existing tower, has a height of 52 feet and the new ridge height will be 17.6 feet with an overall length of 45 feet. Mr. Keenan addressed safety, citing that the buildings.will have sprinkler systems and that the plans were reviewed with the Fire Department and there request for access through the building to the back of the buildings has been met A six foot wide passage way at the middle of the buildings, running front to back, is provided. This fire fighting access was approved by the Fire Department as stated in a letter dated November 6, 1997, from Chief John Farrington. The buildings themselves conform to the 10 foot setback requirement all around the building so a fire truck could go around the building, if necessary, however, there is no actual planned access to the rear of the buildings. Public Comments: Attorney Michael Ford and Attorney Charles Sabatt, representing several abutting neighbors, spoke in opposition. Attorney Ford questioned if the applicant has standing as a pre-existing nonconforming use. He presented an extensive time line for the site and noted that a 1977 Approval Not Required (ANR) Plan dividing the area into three parcels. From 1985 to 1991 the three lots were in separate ownership, and that fact could have prejudiced the nonconforming statues. He concluded that the nonconforming use may now be a"noncomplying" use. . Attorney Ford also questioned the number of seats the applicant has in his restaurant citing that it may have been increased without required approval of the Board and those figures would be a relevant factor in comparing the impacts of the proposed changes. Attorney Sabatt repeated the issue of lot size. When the applicant was before the Board of Health, the proposal was not the entire five acre parcel, however,-tonight there has been representation that the proposal is on all five acres. . He also cited that Section 4--4.4(2) states"Alterations or expansions in a pre-existing nonconforming building or structure that do not meet the provisions of Section 4-4.4(1), shall be permitted only by a special permit from the Zoning Board of Appeals." Mr. Sabatt stressed the section reads in a pre-existing building. He questioned what part of the building they are preserving in order for the expansion to be in a pre-existing building. There are letters in the file from Susan Bianci; Harriet Kavanagh; Joseph P. Tyrrell;Andrew F. Readon; Grace S. Adair, E.Elieen McIver, Paul M. Murphy; Mr. & Mrs. Peter Standish; Marjorie McGraw; Mr. & Mrs. William P. Sommers; Arthur F. Cook. Jr.; Mary Madden; Barbara Andreason; Mrs. John L. Hess; W.H. Leonard; J. Sanford Miller, Elisabeth Easton Clark; Peter Cadaou; Louise J. Brenton; Louise J. Brenton; and Frank Madden, Jr.;all of which are in opposition to the proposal. Attorney James Julian represented Mr. & Mrs. Bianci and stated that East Bay Road is already busy with traffic.to Dowses Beach and that East Bay Lodge has not been fully operational for many years, and people have gotten used to that fact He feels this site.should be used for single family homes. Jay Larman, President of Osterville Village Association, read a letter in opposition from the Board of Director. Dave Derosier questioned the traffic reports and the number of cars being reported. Charles Graham also spoke in opposition r d 4 l Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker Special Permit-Section 44.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings Mike Lally spoke in support of this proposal. In rebuttal, Attorney Alger stated he would like to file a brief to answer the concerns brought up at this hearing. He reiterated that the proposal is to be on 4.8 acres - the same size it was when it became nonconforming. As to the number of seats in the restaurant-the occupancy permit allows for 381 seats. The nonconforming use is one of a hotel/restaurant in a residential area and the proposed use is multi- family residential, more in keeping with the principal permitted use under zoning. Attorney Alger emphasized this proposal is a change from one nonconforming use to another nonconforming use, and will not be more detrimental to the neighborhood.- The Board requested briefs be submitted regarding the legal issue of nonconforming structure and nonconforming use. It was decided to continue Appeal Number 1998-21 and Appeal Number 1998-22 to March 25, 1998, At the continuance, Attorney Alger briefly reviewed the two appeals. Attorney Sabatt addressed the Board stating he disagreed that the applicant is altering end expanding a nonconforming use. He feels the applicant is removing buildings- not expanding -and therefore Section 4-4.5 of the Zoning Ordinance does not apply. Attorney Ford addressed the Board and questioned the total acreage for this proposal. He stated the Board of Health ruling is based on 3.8 acres and not for the total 4.8 acres. In his opinion, the Board of Health may have asked the applicant to change his plans if the acreage were 4.8 acres not 3.8 acres. The Board questioned if the size of the buildings or the number of units could be reduced. Attorney Alger cited that they already cut back from the original 23 units requested last year to the current 19 units. The applicant wanted individual buildings rather than these long buildings, but the people in the area did not They have tried different options to try to please the neighbors all to no avail. The front one acre is proposed to remain vacant to please the abutters. Attorney Alger reviewed the Board of Health approval letter(dated February 06, 1998) submitted to the file. It states the system can handle nineteen (19) units. The system complies with all regulations without Variance from the Board of Health. The Board Members discussed the project, citing concerns for the length of the buildings and that the overall proposal is less detrimental than what currently exists. Findings of Fact: ' At the Hearing of March 25, 1998, the Board found the following findings of fact as related to Appeal No. 1998-21, a request for a Special Permit pursuant to Section 4-4.4(2) - Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings: 1. The applicant is James J. Crocker, Jr., Trustee for East Bay/Osterville Trust 4-2. The-property is addressed as 185& 199 East Bay Road and 308 & 318 Wianno Avenue, Osterville, -MA as shown on Assessor's Map 14o Parcels 157, 917 anand 218- 3. The property is currently zoned RC Residential C Zoning District. The principal permitted use in this district is a single-family residential dwelling. 4. The petitioner e—of land consisting of 4.8 acres.:.. _ 5. Presently, the site is burdened by several buildings including a 16,000+ sq.ft restaurant, and a 10,00%44-).sq.ft hoteVmotel-which has historically been known as the East Bay Lodge. Also on the property is a tower and a.6;500(+/-)sq.ft maintenance garage, as well as two tennis courts and associated parking and grounds. 6. The original lodge was built sometime well before the turn of the century and the building was added onto in 1912 and again around 1920. The tower was built in 1920 and the eighteen-unit hotel was apparently built in 1975. I Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings 7_ The structures and their use as lodging and restaurant were established prior to 1953, and did in fact, predate zoning. The buildings themselves, because they encroach upon the sidelines, are nonconforming. 8. The use on this property, which has been a restaurant and lodge use, is legal pre-existing nonconforming use. 9. The proposed use for condominium residential apartment units would not be more detrimental to this site than the use that currently exists there now in view of the testimony received from the applicant. 10. The relief may be granted (subject to terms and conditions to be imposed)without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 11. The.petitioner and the abutters did make an attempt to resolve the issues before these findings were made by the Board and nothing could be achieved between them. 12. The applicant is seeking.a Special Permit pursuant to Section 4-4.4(2) to expand a nonconforming structure. The Board had previously found in Appeal Number 1998-22 that the criteria for Section 4- 4.5(1) have been met 1. • The proposed.nonconforming use requires no more parking than the previous use. • The proposed'nonconforming use does not generate more traffic than the previous use. • The proposed residential use will not result in an increase of on-site and off-site noise, dust, and odors. • The proposed use will not result in an increase in the hours of operation or in the number of tenants or employees. The proposed use will not expand (overall) the gross floor area of the nonconforming use, except as may be provided in Section 4-4.4(2), nor does it increase the number of nonconforming uses on the site. • The proposed.nonconforming use will be on the same lot as occupied by the nonconforming use. • The proposed use is not to be expanded beyond the zoning district in existence on the date it became nonconforming. .13. The applicant has received approval of the Site Plan Review Committee with conditions imposed. 14. The Board of Health has reviewed the plans and proposal, reviewed the septic design, and has approved them. The Vote was as follow: AYE: ' Gene Burman, Ron Jansson, Gail Nightingale, and Chairman Emmett Glynn NAY: Elizabeth Nilsson Decision: Based upon the findings a motion was duly made and seconded to grant the relief being sought with the ' following terms and conditions: 1. This permit shall be for sixteen (16) luxury residential apartment units, each consisting of approximately 4,000 sq.ft of overall square footage. 2. Each unit will have, as proposed;three (3) bedrooms and three (3) bathrooms. 3. The area on both sides of the proposed mailboxes shall be widened, in order to accommodate two vehicles when one vehicle is stopped at the mailboxes. 4. The proposed..sign shall meet the requirements.of Section 4-3.5 -Signs in Residential Districts. 5. Any exterior lighting on-site shall be of low intensity so that it will not impose upon the adjoining residential lots. -� 6. There shall be no future additions or expansion of the gross square footage of any of the proposed structures. 7. There shall be no construction of any dwellings or buildings or structures of any type whatsoever on _ .the one acre parcel of land -it shall be left vacant_ 8. All applicable regulations of the Centerville, Osterville, Marstons Mills Fire District shall be complied with. V. Eno Town of Barnstable-Zoning Board of Appe als-Decision and Notice Appeal No. 1998-21 -Crocker conforming Building or Structure Not Used as Single or Two-Family Dwellings Special Permit-Section 4-4.4(2)-Non 9. The petitioner shall provide for emergency access.to the rear for all vehicles on a revised plan and epartment approved by the Building Commissioner.and the Fire D 10. The petitioner shall comply with all applicable regulations of the Board of Health and the Building Division of the Town of Bamstable. 11. The project shall be built according to the plans that have been submitted with the exception that they shall be revised to show a maximum of sixteen (16) units only, and no one building shall be greater than 450 feet in length.. 12. The design of the septic system shall be as presented to the Board of Health and shall be located pursuant to the Board of Health permit, and shall be a Bio-Clear System. 13. The applicant will prepare a revised landscape plan to the Building-Division and the Planning Department to.make sure the property is screened effectively from both public ways. 14. The elevations shall not be built t have been proposed by the Boahiher than what has been prd shall e nosed to the Bcon conformance with the 15. The setback requirements that existing Zoning Ordinance. 16. The proposed structures are restricted to not more than two stories in height as proposed.' The Vote was.as follows: AYE: Gene Burman, Ron.lansson, Gail Nightingale, and Chairman Emmett Glynn NAY: Elizabeth Nilsson Odor: - -•, .. 98-21 has been granted with conditions. EXHIBIT B KAM t"g, � M1d Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1998-22-Crocker Special Permit- Section 4-4.5(1) -Change of a Nonconforming Use to Another Nonconforming Use. Summary Granted with Conditions Applicant: James H: Crocker,Jr.,Trustee East Bay/Oste ille Trust A TRUE COPY ATTEST Property Address: 185&199 East Bay Road,308&318 Wianno venue,Ostervi�le Assessors Map/Parcel Map 140, Parcels J57.217 and 218 Area 4.8 acres Building Area: 78,900.sq. Zoning: RC Residential C Zoning District Town Clerk Groundwater Overlay: AP Aquifer Protection District. BARNSTABLE Background: _ The ro icpon which the present East Bay Lodge resides consists of 3 lots with a total area of 4_8 __ is improved with four acres located at 199 East Bay Road in the Village of Osterville. The property p buildings, to include.a 16,851 sq.ft.restaurant, a 9,616 sq. ft hotel/motel, a 1,600 sq.ft. tower, and a sq. ft maintenance garage, as well as two o tennis courts and associated parking and grounds. It is ct which only permits single-family dwellings as-of-right. located within an RC Residential C Zoning Distri The applicant is proposing to alter and expand the two principal structures(the restaurant and hotel)to house 19 luxury residential apartment units, each.unit approximately 4,100 sq.ft. Each unit is proposed to -have 3 bedrooms and 3 bathrooms and apparently will range in price from$550-600,000. The applicant also proposes to demolish the two existing accessory structures and construct two accessory garage buildings. From elevations presented, it appears that the existing tower structure would be altered to house three garages and*the tower itself would remain. The other accessory building would house 11 garages. The total number.-of structures would remain the same. The original lodge was.built.in 1840, according to the assessor's records. This building was later added onto in 1912 and again in about 1920. The office/tower structure was built in 1920, the 18 unit hotel/motel in 1975, and the garage in.1980, according to the assessors records. The two principal buildings on this site are nonconforming because of their current uses as a restaurant and hotel. Also,the restaurant and tower, located along the southern lot line, are nonconforming structures in terms of the minimum side yard setback of 10 feet and the maximum height limitation of 30 feet or 21/2 stories. The applicant is requesting two Special Permits: • Appeal-No. 1998-21 -Section 4-4.4(2)for the alteration and expansion of pre-existing nonconforming structures not used'as single or two-family dwellings. Appeal No. 1998-22-Section 444.5(1)for a change'of a nonconforming use to another nonconforming .use. Recent History: The Board may recall Appeal No. 1997-54, an earlier proposal to raze all of the existing buildings on the Property in order to construct 22 townhouse-style condominium units. 'In that appeal,the Board overruled a decision by the Building Commissioner that the property owner's proposal uctures to raze the existing st r on the site, and to construct 13 new buildings for 22 townhouse-sty only required a le condominiums, Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 44.5(1)-Change of a Nonconforming Use to Another Nonconforming Use special permit from the Board. The Board found that the proposal would also require a use variance from Section 2-3.6 of the Zoning Ordinance, Principal Permitted Uses. �An ANR showing the reconfiguration of three lots into two was endorsed by the Planning Board on 2 of 1 acre fronting on Wianno Avenue and Lot No. 1 of December 15, 1997. The plan creates Lot No. 3.79 acres fronting on East Bay Road. The new Lot 1 is the proposed site for the 19 unit apartment complex being presented to the Board in Appeal No. 1998-21 and 22. The 1 acre lot(Lot No. 2) fronting on Wianno meets the present zoning requirements as a buildable lot. j ' At this time the applicant is proposing to retain part of the existing structures and expand the building coverage area, apparently to avoid a variance situation. The structures have changed from townhouse units to 19 apartment units through the introduction of a common basement and shared stairwells to the basement level. Building No. 1 is the existing restaurant structure changing and expanding to 11 apartment units, Building No. 2 is the existing lodge facility changing and expanding to 8 apartment units. A center structure is to contain 11 garages and a restored and altered tower structure is.to contain 3 garages. . The-proposal contain a total of 84,316 sq.ft. of building area - 5,416 sq.ft. is contained within.the accessory buildings, Building No. 2 (south side) to contain 45,600 sq.ft. and Building No. 1 (north side) to contain 33,300.sq.fL Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on November 21, 1998. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened February 04, 1998 and continued to March 25, 1998, at which time the Board granted the request with conditions. An extension of time for filing of the decision was greed upon by the applicant and Board. A copy of which is in the file. Hearing Summary: Board Members hearing and deciding this appeal were Gail Nightingale, Ron Jansson, Gene Burman, Elizabeth Nilsson and Chairman Emmett Glynn: Attorney John Alger represented James Crocker,who was present along with Attorney Bernard Kilroy; Arne Ojala of Down Cape Engineering; and John Keenan Architects, Ltd. Attorney Alger requested and the Board agreed and Antonia Kenny of Keenan and Kenny to have Appeals Number 21 and 22 heard together. Attorney Alger reported the applicant is seeking two Special.Permits, one to alter and expand the.existing restaurant and hotel buildings, and the other to change the use from hotel and restaurant to nineteen apartment units: Mr.Alger had previously submitted a memorandum to the file in support of these appeals. Included in the memorandum is'a deed from.Nelson Bearse to Charles Brown dated 1917, and a deed from Forrest Howard dated 1924. Both deeds"talk" of the Inn. The East Bay Lodge has existed for many years and predates zoning in the area. .The Inn has a Common Victualer's License that allows a 381 seat restaurant and alcoholic beverages to be served from 8:00 AM to 1:00 AM, seven days a week. There is also a Public Entertainment License that allows outdoor entertainment until 10:00 PM. The hoteLlinn consists of eighteen rental units, plus a function room and kitchen. In the restaurant there are 2-three bedroom apartments, 1-two bedroom apartment,and seven offices.there is a tower that consists of a full bathroom and office. The maintenance garage has facilities formerly used for catering. Attomey Alger reviewed-the relief the applicant is seeking-two Special Permits. One Special Permit is pursuant to Section,4-4.5(1)to change a nonconforming use to another nonconforming use. This section . provides that a pre-existing nonconforming use may be changed to another nonconforming use only by r Town of Bamstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 44.5(1)-Change of a Nonconforming Use to Another Nonconforming Use John Keenan of Keenan and Kenny Architects, Ltd. addressed the Board on the plans. He cited that they are reducing the building height by over three feet and moving it back from the lot line so that it will now conform to the setbacks and height requirements for the district. All buildings will conform with the exception of the existing tower. The grading will conform to engineer standards. The existing vegetation along East Bay Road will be preserved because the new buildings will be placed on the existing building footprints. The current driveway will be used. There will be substantial landscaping and when completed it will give the effect of a small village. Lighting will be low level. Mr. Keenan reported the overall length of Building#1 is approximately 550 feet long with a maximum width of 86 feet at the East Bay Road end of the site. The maximum width at the west end of the site is 62 feet. The ridge height is 30 feet,the plate height is 20 feet The overall'length of Building#2 is approximately 465 feet long, and the maximum width.is 62 feet The ridge height is 30 feet, the plate height is 20 feet. As to the other buildings,Auxiliary Building#2 is 159 feet long and 18 feet to*the ridge. Auxiliary Building #1, the existing tower, has a height of 52 feet and the new ridge height will be 17.6 feet with an overall length of 45 feet Mr. Keenan addressed safety, citing that the buildings will have sprinkler systems and that the plans were reviewed with the Fire Department and there request for access through the building to the back of the buildings has been met, A six foot wide passage way at the middle of the buildings, running front to back, is provided. This fire fighting'access was approved by the Fire Department as stated in a letter dated November 6, 1997, from Chief John Farrington. The buildings themselves conform to the 10 foot setback requirement all around the building so a fire truck could go around the building, if necessary, however, there is no actual planned access to the rear of the buildings. Public Comments: Attorney Michael Ford and Attorney Charles Sa6att, representing several abutting neighbors, spoke in opposition. Attorney Ford questioned if the applicant has standing as a pre-existing nonconforming use. He presented an extensive time line for the site and noted that a 1977 Approval Not Required (ANR) Plan dividing the area into three parcels. From 1985 to 1991 the three lots were in separate ownership, and that fact could have prejudiced the nonconforming statues. He concluded that the nonconforming use may now be a"noncomplying'use. Attorney Ford also questioned the number of seats the applicant has in his restaurant citing that it may have-been increased without required approval of the Board and those figures would be a relevant factor in comparing the Impacts of the proposed changes. Attomey Sabatt repeated the i$ss�of ht s.¢e,—When the applicant was before the Board of Health the proposal was not the entire five acre parcel, however, tonight there has bee esentation aLth� ro is on all five acres. He also cite at Section 4-4.4(2) states'Alterations or expansions in a pre-existing nonconforming building or structure that do not meet the provisions of Section 4-4.4(1), shall be permitted only by a special permit from the Zoning Board of Appeals.'.Mr. Sabatt stressed the section reads in a pre-existing building. He questioned what part of the building they are preserving in order for the expansion to be in a pre-existing building. There are letters in the file from Susan Bianci; Harriet Kavanagh; Joseph P. Tyrrell; Andrew F. Readon; Grace S.Adair, E.Elieen Mclver, Paul M. Murphy; Mr. &Mrs. Peter Standish; Marjorie McGraw; Mr. & Mrs. William P. Sommers;-ArthurF. Cook.Jr.; Mary Madden; Barbara Andreason; Mrs. John L. Hess;W.H. Leonard; J. Sanford Miller, Elisabeth Easton Claris; Peter Cadaou; Louise J. Brenton; Louise J. Brenton; and'Frank'Madden,Jr., all of which are in opposition to the proposal. Attorney James Julian represented Mr. &Mrs. Bianci and stated that East Bay Road is already busy with traffic to Dowses Beach and.that East Bay Lodge has not been fully operational for many years, and people have gotten used to that fact He feels this site should be used for single family homes. Jay Larman, President'of Osterville Village Association;read a letter in opposition from the Board of Director. Dave Derosier questioned the traffic reports and the number of cars being reported. Charles Graham also spoke in opposition Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 44.5(1)-Change of a Nonconforming Use to Another Nonconforming Use Mike Lally spoke in support of this proposal.. In rebuttal, Attorney Alger stated he would like to file a brief to answer the concerns brought up at this hearing. He reiterated that the proposal is'to be on 4.8 acres-the same size it was when it became nonconforming. As to the number of seats in the restaurant-the occupancy permit allows for 381 seats. The nonconforming use is one of a hotel/restaurant in a residential area and the proposed use is multi- family residential, more in keeping with the principal permitted use under zoning. Attorney Alger emphasized this proposal is a change from one nonconforming use to another nonconforming use, and will not be more detrimental to the neighborhood. The Board requested briefs be submitted regarding the legal issue of nonconforming structure and nonconforming use. It was decided to continue Appeal Number 1998-21 and Appeal Number 1998-22 to March 25, 1998, At the continuance, Attorney Alger briefly reviewed the two appeals. . Attorney Sabatt addressed.the Board stating'he disagreed that the applicant is altering and expanding a nonconforming use. He feels the applicant is removing buildings -not expanding-and therefore Section 4-4.5 of the Zoning Ordinance does not apply. Attorney Ford addressed the Board and questioned the total acreage for this proposal. He stated the Board of Health ruling is based on 3.8 acres and not for the total 4.8 acres. In his opinion, the Board of Health may have asked the applicant to change his plans if the acreage were 4.8 acres not 3.8 acres. The Board questioned if the size of the buildings or the number of units could be reduced. Attorney Alger cited that they already cut back from the original 23 units requested last year to the current 19 units. The applicant wanted individual buildings rather than these long buildings, but the people in the area did not. They have tried different options to try to please the.neighbors all to no avail. The front one acre is proposed to remain vacant to please the abutters. Attorney Alger reviewed the Board of Health approval letter(dated February 06, 1998)submitted to the file. It states the system can handle nineteen (19) units. The system complies with all regulations without Variance from the Board of Health. The Board Members.discussed the project, citing'concems for the length of the buildings and that the overall proposal is less detrimental than what currently exists. Findings of Fact: At the Hearing of March 25, 1998, the Board found the following findings of fact as related to Appeal No. 1998-22, a request for a Special Permit.pursuant to Section 44.5(1) -Change of a Nonconforming Use to Another Nonconforming Use: 1. The applicant is James J. Crocker, Jr., Trustee for East Bay/Osterville Trust. Th• 2. e property is addressed as 185 & 199 East Bay Road and 308 & 318 Wranno Avenue, Osterville, MA.as shown on Assessor's Map 140, Parcels 157,217, and 218 3. The property is currently zoned RC Residential C Zoning District. The principal permitted use in this district is a-single-family residential dwelling. 4. The petitioner is proposing to build nineteen (19) luxury residential apartment units on a site of land consistin of 4.8 acres 5. resentiy, the site is.burdened by several buildings including a 16,000+sq.ft. restaurant, and a 10,000(+/-) sq.fL hotel/motel which has historically been known as the East Bay Lodge. Also on the property is a tower and a 6,500(+/-)sq.ft. maintenance garage, as well as two tennis courts and associated parking and grounds. 6: The-original lodge was built sometime well before the turn of the century and the building was added onto in 1912 and again around 1920. The tower was built in 1920 and the eighteen-unit hotel was apparently built in 1975. f0W`.n of Barnstable-Zoning Board of Appeals-Decision and Notice /Appeal No. 1998-22-Crocker special Permit-Section 4-4.5(1)-.Change of a Nonconforming Use to Another Nonconforming Use 7. The structures and their use as lodging and restaurant were established prior to 1953, and did in fact, predate zoning. The buildings themselves, because they encroach upon the sidelines, are nonconforming. 8. The use on this property, which has been a restaurant and lodge use, is legal pre-existing nonconforming use. 9. The proposed use for condominium residential apartment units would not be more detrimental to this site than the use that currently exists there now in view of the testimony received from the applicant. 10. The relief may be granted (subject to terms and conditions to be imposed)without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 11. The petitioner and the abutters did make an attempt to resolve the issues before these findings were made by the Board and nothing could be achieved between them. 12. The applicant is seeking.a Special Permit pursuant to Section 4-4.5(1)to change a nonconforming use to another nonconforming use. This section provides for certain criteria and the following requirements have been met The proposed nonconforming use requires no more parking than the previous use. The proposed nonconforming use does not generate more traffic than the previous use. The proposettresidential use will not result in an increase of on-site and off-site noise, dust, and odors. The proposed use will not result in an increase in the hours of operation or in the number of tenants or employees. • The proposed use will not expand (overall)the gross floor area of the nonconforming use, except as may be provided in Section 4-4.4(2), nor does it increase the number of nonconforming uses on the site. • Theproposed nonconformin use will be on the same lot as occupied by the nonconforming .use. The proposed use is not to be expanded beyond the zoning district in existence on the date it became nonconforming. 13. The applicant has received approval of the Site Plan Review Committee with conditions imposed. 14. The Board of Health has reviewed the plans and proposal, reviewed the septic design, and has approved them. The Vote was as follow: AYE: Gene Burman, Ron Jansson, Gail Nightingale, and Chairman Emmett Glynn NAY: Elizabeth Nilsson Decision: Based upon the findings a motion was.duly made and seconded to grant the relief being sought with the following terms and.conditions: 1. This permit shall be for sixteen (16) luxury residential apartment units, each consisting of approximately 4,000 sq.ft of overall square footage. 2. Each unit will have, as proposed, three (3) bedrooms and three (3) bathrooms. 3. The area on both sides of the proposed mailboxes shall be widened, in order to accommodate two Vehicles when one vehicle is stopped at the mailboxes. 4. The proposed sign shall meet the requirements of Section 4-3.5-Signs in Residential Districts. 5. Any exterior lighting.on_-site,shall be of low intensity so that it will not impose upon the adjoining residential lots. 6. There shall be no future additions or expansion of the gross square footage of any of the proposed structures. 7. There shall be no construction of any dwelling or buildings or structures of any type whatsoever on e one acre parcel of land-A shall be left vacant /.V i. REFERENCES \ e LOCUS: ASSESSORS MAP 140 PARCELS 157,217,&218 �3 SA' r TITLE: DEED BOOK 10286 PAGE 193 RECORD OWNER: EAST BAY OSTERVILLE TRUST \ /� II IAMES It.CROCKER,JR.,TRUSTEE - 1 P.O.BOAC 496 OSTERVILLE,MA.02655 �A i (508)428-8800 1G,`l � ZONING- DISTRICT: RC RESIDENTIAL BUII}DING SETBACKS: FRONT: 20' SIDE: 10, REAR: 10' EGL� \�/ N 0,9 • Z Z. L oT z �'_ � 0 0 v C� �Q a S V_ UNDER SUBDIVISION CONTROL LAW APPROVAL NO"T REQUIRED: [ HEREBY CERTIFI IN CONFORMITY V BARNSTABLE PLANNING BOARD THE, REGISTERS a MASSACHUSETTS. #4br��T -- - — - — UAl'I{ NOTE: NO DI('I'I:RpIIN,\'lll)N,\ti'I'O COi\II'I.I:\N(:I:\vl'I'll I'lI1C ZONING ORDINANCE It1Cl)I IItF:\II•:N'I:\II.\S IIEE.N iMAI)I•:Olt INI'I•:NpP:p II\''I'IIIC AII(1\'I•:I•:N- 1 2--1Z-9, . uOlaf:nll:N r. DATE i 19- :AND IS RECORCLD 'J c -- Z.7 /' �� • /l03 193�G.�. '- G� oq 25, r320" S �.�rz \ SUBDIVISION PLAN OF LAND IN O ;"'ERVILLE, (BAIRNSTABLE), M.A. I'O R EAST BAY OSTERVILLE TRUST DATE: DECEMBER'll. 199? SCALE: V = 50' T THIS PLAN HAS BEEN PREPARED o So too THE RULES AND REGULATIONS OF EDS OF THE:COMMONWEALTH OF ^. WELLER & ASSOCIATES 1 `1 1645 FALMOUTH RD., CENTERVILLE, MA. 02632 (508) 775-0735 REGISTERED LAND SURVEYOR 1 1 IKE A -- �: The Town of Barnstable • anRtvsTnBt.E. • �0� Department of Health Safety.and Environmental Services '°rF0 M0'1 Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 21,2000 Bernard T.Kilroy,Esquire Kilroy&Warren,P.C. 171 Main Street PO Box 960 Hyannis,MA 02601 RE: Lot 2-318 Wianno Avenue,Portion of Assessors Map 140,Parcel 157 Dear Attorney Kilroy: I have reviewed your letter and the supporting documentation especially your client's prior complaint and his subsequent voluntary dismissal of same,and I am of the opinion that the restriction is binding. The lot is therefore not buildable. Sincerely, �a F Ralph M.Crossen Building Commissioner ` RMC:cah g000721a i KILROY & WAR.RE ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 ( SENDER'S EXTENSION #209 July 13 , 2000 Mr. Ralph Crossen Building Commissioner Town of Barnstable . 367 Main Street Hyannis, MA 02601 IN RE: LOT,, 2-318 WIANNO AVENUE�� - PORTION OF. ASSESSORS MAP- 140,, PARCEL 157 -atti # 3/a W,A-a^o A,&r Dear Mr. Crossen: This office represents James H. Crocker, Jr. , Trustee of East Bay/Osterville LLC, the owner of the above-referenced premises . My client has asked me to render an opinion to you as to the suitability of Lot 2 as a site for a single-family residence. Enclosed is a copy of the division plan which was endorsed by the Planning Board on December 15, 1997 and recorded on December 22, 1998 at the Barnstable County Registry of Deeds in Book 545, Page 100 which shows the above-described Lot 2 . The Lot meets all of the current dimensional requirements of the bylaw and is located in an RC-residential zone. You will recall, that Lot 1 as shown on the enclosed plan, was the subject of a filing under the site plan review provisions of our bylaw seeking approval for the construction of nineteen (19) residential condominium units . Site plan approval was granted with , certain conditions for the nineteen (19) unit development on Lot 1 . The conditions to the site plan review decision were depicted on the January 12 , 1998 plan prepared by Down Cape Engineering. (See certification letter from. Down Cape Engineering to Mr. Crocker dated January 4 , 1999 letter and plan referred to therein attached hereto) The proposed buildings and other improvements met all of the current sideline and setback requirements and the on-site septic system was sized to service the nineteen (19) units . rg Town of Barnstable. Regulatory Services Thomas F.Geiler,Director BARNSTABLE. MASS. g Building Division 039. �0 Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 i TO: Members of the Zoning Board of Appeals FROM: Tom Perry,Building Commissioner DATE: October 7,2003 SUBJECT: 312 Wianno Ave.,Osterville I conducted a site visit to 312 Wianno Ave.,Osterville with Tom Broderick and Art Traczyk on September 26,2003 in response to your memo of September 24,2003. At this time there were no buildings of any kind on this parcel What we did observe,as far as materials of a possible commercial nature,was a snow plow blade which,when attached to a small truck is used to plow out the condos when necessary. There was no truck on site when we were there. There is a pile of approximately 20—25 wooden pallets that need to be returned which are left over from i the construction of the project. There are approximately one dozen solid masonry concrete blocks and a few clay flue liners stacked in a small pile. The fence in question is a standard stockade fence and is 6 feet in height. It was erected to screen off this lot during the construction of the project. This project is ongoing and there is still one open building permit for one of the units. When we met with Mr. Crocker at the site he assured us that the remaining materials that are left on the site will be removed by November 1,2003. There are presently no plans to remove the fence and are no statutes or ordinances that I am empowered by at this time to order the fence removed. The ZBA decision 1998-21 states that this lot is supposed to be left vacant. Once these materials are removed then it will be vacant. There is nothing in that decision that prevents Mr. Crocker from fencing in his property. . I hope this memo alleviates any concerns you may have had regarding this property. Please let me know if there is anything further I can help you with. Tom Perry t v 1 Town of Barnstable Planning Division Thomas A.Broadrick,Director Planning,%ning&Historic Presenarion d Memorandum Date: September 24, 2003 To: Tom Perry,Building Commissioner From: Art T aczyk, rincipal Planner Sent n Behalf Of the Zoning Board of Appeals File letters-2003-M-Perry Crocker enforsement.doc Subject: Zoning Board of Appeals Request for Review&Enforcement for property of James B. Crocker,Jr.,Trustee,East Bay/Osterville Trust,located at 312 Wianno Ave.,Osterville, MA-Map 140,Parcel 157-001-Residential C Zoning District. The above referenced property was recently before the Zoning Board of Appeals seeking a modification of a condition imposed on it by the Board in 1998. At that time, two Special Permits,Number 21 and 22 were issued to a 4.79-acre site allowing for a change of a non- conforming use to another and for the expansion of the non-conforming use. The site at that time was proposed to be two lots as it is today. In those decisions,Condition Number 7 was imposed on Lot 2 that is the above referenced parcel. That condition stated that there shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one-acre parcel of land it shall be left vacant. During recent hearings on a request to modify that condition of the 1998 special permits, the applicant had disclosed that the parcel was being used as a construction staging area that included storage of sand and debris and keeping contractors equipment, including snowplows. A fence also surrounds the lot that apparently is being required by the insurance company given its commercial use. The use and fencing is contradictory to the condition imposed by the Board on the property in 1998 and may also be in violation of uses permitted in the Residential C Zoning District. The applications for a modification of Condition 7 of the 1998 permits have been withdrawn. However, the Board remains concerned that the parcel be kept vacant and open and has requested that you review the issue and if necessary take action to assure that the condition imposed and underlying zoning of the property be respected. Copy: Attorney John Alger Daniel M.Creedon,Zoning Board of Appeals Chairman ZBA Files 1998-21&22& 2003-92&93 ^� Town of Barnstable - Planning Division - 200 Main Street, Hyannis,Massachusetts 02601 iZ9. �� Thomas A.Broadrick,Director- Planning,Zoning&Historic Preservation EDh10�� Phone(508)862-4785 Fax(508)862-4725 October 30,2003 a John R. Alger,Attorney 5 Parker Road P.O. Box 449 Osterville,MA 02655-0449 lI 1 3 Dear John, First let me apologize for not being able to meet with you yesterday. I had to prepare for the Zoning Board's hearing of that evening. With regards to the Crocker-East Bay/Osterville issue and securing the buildability of the one-acre lot, I foresee and would recommend the following applications would need to be . made and granted by the Zoning Board. First,with the Condominium Association as joint applicants, a variance should be applied for from Section 4-4.5(1)(B) provision (6) - Change of a Nonconforming Use to Another Nonconforming Use that requires the non-conforming use to "be on the same lot as occupied by the nonconforming use on the date it became nonconforming". This variance would permit the single one-acre lot to stand separate from the area of the non-conforming use that today is the condominiums. Upon the grant of that variance, and in combination with it, an application to the Board for the Modification of Special Permit Numbers 1998-21 and 1998-22 should be made. That modification should seek to modify Condition Number 7 of both permits to remove language that, "There shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land -it shall be left vacant." This modification should also seek to amend the 1998 permits to apply only to the 3.79-acre lot fronting on East Bay Road. These modifications would assure that the 1998 permits apply only to the condominiums on the 3.79-acre lot and remove the restriction on the acre lot. With the above relief granted, I think we would agree that you now have two stand alone parcels, one with the condominiums on it and the other a vacant one-acre parcel. I know here is where we disagree,but I believe that the one-acre parcel is non-conforming with regards to the two-acre minimum lot area requirement of the Resource Protection Overlay District. I would strongly recommend that a variance be sought to Section 3-1.3(5) Bulk Regulations, Minimum Lot Area and Section 3-5.3 Resource Protection Overlay District Regulations to permit the one-acre lot to be considered developable. This application need only be made under the name of the legal owner of the one-acre lot. Admittedly, I may be wrong,but as I see it the grant of all three zoning applications are needed to secure the one-acre lot as developable and useable for a single-family dwelling. As we may disagree, I would recommend that you make that argument to the Board that a variance to the two-acre minimum lot area is not needed. Again, I apologize for not having the time to meet with you yesterday. Respectfully Arth P. Tra zyk,Principal Planner File letters—2003—Ir100303-Alger Crocker.doc C: File—2003-002&003 Tom Perry,Building Commissioner Ruth Weil,Assistant Town Attorney Thomas A.Broadrick,Director I KILROY.& WARREN, P.C. ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 SENDER'S EXTENSION #209 i July 13 , 2000 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 IN RE : LOT 2-318 WIANNO AVENUE PORTION OF ASSESSORS MAP 140, PARCEL 157 Dear Mr. Crossen: This office represents James H. Crocker, Jr. , Trustee of East ' Bay/Osterville LLC, the owner of the above-referenced premises . My client has asked me to render an opinion to you as to the suitability of Lot 2 as a site for a single-family residence. Enclosed is a copy of the division plan which was endorsed by the Planning Board on December 15, 1997 and recorded on December 22 , 1998 at the Barnstable County Registry 'of Deeds in Book 545, Page 100 which shows the above-described Lot 2 . The Lot meets all of the current dimensional requirements of the bylaw and is located in an RC-residential zone. You will recall, that Lot 1 as shown on the enclosed plan, was the subject of a filing under the site plan review provisions of our bylaw seeking approval ' for the construction of nineteen (19) residential condominium units. Site plan approval was granted with certain conditions for the nineteen (19) . unit development on Lot 1 . The conditions . to the site plan review decision were depicted on the January .12 , 1998 plan prepared by Down Cape Engineering. (See certification letter from Down .Cape Engineering to Mr. Crocker dated January 4 , 1999 letter and plan referred to therein attached hereto) The proposed buildings and other improvements met all of the current sideline and setback requirements and the on-site, septic system was sized to service the nineteen (19) units . Mr. Ralph Crossen Building Commissioner Town of Barnstable Page 2 July 13 , 2000 After site plan approval, the property was the subject . of applications for two (2) special permits, one for permission to alter and expand the existing non-conforming structures to house nineteen (19) .residential dwelling units (Appeal 1998-21) and a . second for approval to change from one non-conforming use to another non-conforming use, viz. from the operation of an Inn and restaurant (East Bay Lodge) to residential apartments (Appeal .1998- 22) . Although the site plan review process was limited only to Lot 1, it was decided at the special permit level to include Lot 2 because, at least during the construction period, Lot 2 was needed to store building materials, landscaping materials and to be used for access by construction vehicles . Special permits were granted, copies enclosed, under appeals 1998-21 and 1998-22 with, among others, a condition that "there shall be no construction of any dwellings and/or buildings or structures of any type whatsoever on the one (1) acre parcel of land - it shall be left vacant" (the "Restriction" ) , referring to Lot 2 as the one acre parcel . It is my opinion that the Restriction was imposed by the Board to prevent the applicant from returning to the Board for permission to construct accessory buildings or make other use of the Lot 2 area in connection with the operation of the condominium project wholly located within Lot 1 . During the use of the premises in connection with operation of the East Bay Lodge and Restaurant, the Lot 2 area was used only for accessory purposes for the maintenance of tennis courts and an access driveway. . The Lot 2 area is not necessary to be used for any purpose related to the condominium project which has now been constructed and is located wholly on Lot 1 . My client wishes to abandon the use of . Lot 2 as a non- conforming use, i .e. a use connected with the condominium project, and change the use of. Lot 2 to that of a single-family residential dwelling use which is permitted as of right in the RC zone . Under the provisions of Section 4-4 . 5 of our, bylaw "a pre- existing non-conforming use may be changed to a principal permitted use as of right : " r— Mr. Ralph Crossen Building Commissioner Town of Barnstable Page 3 July 13 , 2000 It is therefore, my opinion, that Lot 2 may lawfully be used as a site for the construction and use of a single-family residence without further relief from the Board of Appeals . Very truly ours, KI R Y & W N, P.C. , t �� nard lroy BTK:j z Enclosures k:\clients\crocker\ralph i 6P:10286-0193 96-07-03 12:56 #039369 TRUSTEES DEED FOR AND IN CONSIDERATION of the sum of - Seven Hundred, Twenty Thousand Dollars ($720,000) paid the duly appointed, qualified and acting Chapter 7 Trustee of the Estate of East Bay Lodge Corporation pursuant to the Order dated April 24, 1996 allowing the sale of real estate entered by the United States Bankruptcy Court, District of Massachusetts, and reflected on the docket in Case No. 94-16160-WCH, In re East Bay Lodge Corporation, does hereby sell, convey, grant and transfer unto James H. Crocker, Jr. , Trustee of the EAST BAY/OSTERVILLE TRUST under declaration of Trust, dated June 24, 1996 and recorded herewith with a mailing address of P.O. Box 496, Osterville, MA 02.655, all of the right, title and interest of the Trustee and the Chapter 7 Estate in and to the land, situated in the Town of Osterville, Barnstable County, Massachusetts bounded and described on the attached Schedule A. The premises are conveyed free and clear of all liens, attachments and mortgages. • r� Witness my hand and seal this 3 day of July, 1996. STEWART F. GROSSMAN, TRUSTEE IN BANKRUPTCY OF EAST BAY GE CORPORATION d of ind ual d i Qt\BWS\EASTBAY.TRDEED 7 , BPQ0286-0194 96-07-03 12;56 #038389 COMMONWEALTH OF MASSACHUSETTS Suffolk, as. July -:, 1996 The personally appeared the above named Stewart F. Grossman, Trustee and acknowledged the foregoing;: ..;: instrument to be his free act and deed as Trustee, befo ��,„�,,• ; e me No ar Public z w `� My commission expires: '- �; f' i�aLE cc�Tr o� s Oz 07/p3/96 #111111 (DAM. ��TAX 1641.60 TOTAL 1641.60 07/03/96 CHEM,, 164i.60 0004 TAX 2462.40 #01 Oifii 12 54 CHCK 2462.40 COLMY EXCISE TAX 284BADOO 12:54 EXCISE TAX Qt\BW9\EASTBAY.TRDEED -2- y ' .as BP:10286-0195 96-07-03 12:56 #038389 Exhibit A - Property Description The land together with the buildings and improvements thereon situated at 199 East Bay Road, 308 Wianno Avenue and 318 Wianno Avenue, all in Barnstable (Osterville) , Barnstable County, Massachusetts as more particularly bounded and described as follows: NORTHERLY by East Bay Road; EASTERLY by land now ' or formerly of Goodspeed, about two hundred thirty-eight (238) feet; SOUTHERLY by land now or formerly of Parsons; EASTERLY by land now or formerly of said Parsons; SOUTHERLY by land now or formerly of Frazier, twelve (12) feet; EASTERLY by land now or formerly of said Frazier, about two hundred six (206) feet; SOUTHERLY by Wianno Avenue; and WESTERLY by land now or formerly of York. Containing about five (5) acres. Said premises are subject to and with the benefit of all rights, restrictions, reservations, easements and agreements of record, if any, insofar as the same are now in force and applicable. For title see 46;4 BARNSTABLE REGISTRY OF DEEDS Siff_ %•.y`�11r1'1• Fir:�r,D , ^/ -Self �. )( N4:./ �/• - i' ' n. �� / •sue ��fs,o y� _ ' X�7 s ,lac N��_.� �✓^' - � � ,. r rARCEIS 14%117.A'II r DAY DSTr:R v n.,r.r11 ray II_V IL!'RI)f•li 1:R.JR_TRI'?TF.I. ,\ - _„ , JIM"I I • I Slrlt:�,lA1. 1it4�' .,95.E r G oT / .77 -41 47 kj;i ias�v3 3.F. r 0 fir ♦.j rl /.co v. ,. SUBDIVISION PLAN OF LAND D °' Id. N�r \ OSTFRVILLF.. (BARNSTABLE), MA. ° /` Q. FOR 1 � FAST BAY OSTERVILLE TRUST �^ DATE: nrre:Ninl•:R.II. I99; u•.v.e: 1 ItFR►:RY CERTIFY TFIAT T►IN P1.04 tl.%s Bt:T:."f PREP\t1F.D • � � r .NNING IMARD 11 COKFORNIrry WITH TI11:RI I.E1;AND Ilta;I:1_\fI11Xti OF T,11: Rli1:151'►:R.1 or DEKDS f1F'(Iit.(•IIM110NWT:A1.1.11 OF - r • r•r-, WEI,LI•:R&ASS0('•1:\TF:C ,M),,A lll.11,0914M.F.Willi 1645 FM.'mot T11 RO.,(-1'.NTERVILLE•CIA.02632 aurv,w•rrugrmrwv.u,• `_ t 15081775-11735 . t l�Ir.bru u,IUI ,nn,'f 1'�• i �� ' � s� �� ° � OFINETn,.� TOWN OF BARINSTABLE Building 'ryY 0 Application Ref: 200803622 i BARNSTABLE, Issue Date: 09/23/08 Permt 9� 639• �� Applicant: DAVID A. PARRELLA Permit Number: B 20082080 Ark p�.I A Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 03/23/09 Location 312 WIANNO AVE Zoning District RC Permit Type: NEW SINGLE FAMILY Map Parcel 140157001 Permit Fee$ 5,100.00 Contractor SCOTT SHIELDS Village , OSTERVILLE App Fee$ 100.00 License Num 65898 Est Construction Cost$ 1,000,000 Remarks APPROV D PL NS MUST B TAINED O JO AND NEW SINGLE FAMILY 4 BEDROOM HOME THIS CA MU T BE K T POSTED UNTIL AL INSPECT N S BE DE. WHERE A CERTIFIC E OF OCCUP NCY IS REQU D,SU Owner on Record: CROCKER, JAMES H)R TR UILDING LL NOT BE CCUPIED TIL A F NAL Address: P O BOX 496 IN ECTI0 BEEN OSTERVILLE, MA 02655 Application Entered by: DB Building 4ermit Issued By THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR NY PART TH EOF,EITHER TEMPORARILY 0 PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PE ITTED UNDER HE BUILDING CORE,MUST BE APPROVED BY THE JURISDICTION. STREET ORALLY.GRA DES AS WELL AS DEPTH AND LOCATION OF BLIC SEWERS AY BE OBTAINED OM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICAN ROM THE CO DITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTS CTI WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE HROAT LEVEL BEFO ST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COM ETED PRIOR TO FRAM PECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS( ADY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQ RED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE TOR AS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME'NULL AND VOID IF ONSTRUCTIO IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABO PERSONS CONTRACTIN WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(asset forth in MGL c.142A). BUILDING ECTION APPROV S PLUMBING IN PECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept \V Fire Dept 2 Board of Health r oFt ram, Town of Barnstable do Regulatory Services RAMSTns[.e, ,,,AS, Thomas F. Geiler, Director i639• `0� 039 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 March 26, 2008 To Whom It May Concern: The lot addressed as 312 Wianno Avenue Map 140 Parcel 157-001 has a variance, 2004- 147, which was granted with conditions and a special permit, 2004-146 which was also granted with conditions. Part of the conditions of 2004-146, conditions 2 and 3, required that an affordable unit be provided. This condition has been satisfied. The variance is recorded. The conditions of Appeal 2004-147 have to do with the.building envelope on the lot and the size of the house that may be constructed. When plan are submitted for this we will review these conditions as part of the permit application. Respectfully, Thomas Perry, CBO Building Commissioner KILRO.Y &.BARREN, P.C. ATTORNEYS AT LAW THE ISAAC P. FAIRFIELD HOUSE 67 SCHOOL STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 E-MAIL: bkilroy®comcast.net May 17, 2005 Town of Barnstable Zoning Board of Appeals Yarmouth Road 3 Hyannis, MA 02601 Re: Wianno Avenue Zoning Relief requested by East Bay/Osterville Trust (Applicant) Appeal is 2004-145, 2004-146 and 2004-147 Ladies and Gentlemen: Enclosed please find recorded copy of deed which fulfills Applicant' s requirements imposed by the Board in the above proceeding. The language of the restrictions, the grantee, Suyapa C. Rivera;.. and the consideration all were approved by the appropriate Town' s Representative and will meet the Town' s Affordable Housing Requirement. Si rely, Be and T. Kilroy BTK:bb Encs. cc: Ruth Weil, Esquire James H. Crocker f:\data\letters\zba ,i � 3[ 21. CONTINGENCY. The performance of this Agreement by the BUYER is contingent upon the Seller providing the BUYER, on or by April 28, 2008, a letter from the Barnstable Building Commissioner indicating that all conditions contained in all special permits and/or other.zoning relief for the property have been satisfied so Buyer will be entitled to a building permit provided that the house, septic system and any amenities are designed within the conditions attached hereto as Rider A and the building envelope and setbacks attached hereto as Rider B. r IKE SUM, _ M 039. �6D IMr� Town of Barnstable Zoning Board of Appeals Decision and Notice James H. Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC The Cove at East Bay Condominiums Appeal 2004-145—Variance-Sections 4-4.5 (1) (B) Provision 6 &4-4.4(2) (B) Appeal 2004-146-Modification of Special Permit Numbers 1998-21 and 1998-22 Appeal 2004-147 -Variance-Sections 3-1.3(5) Bulk Regulations,Minimum Lot Area &3-5.3 Resource Protection Overlay District Relief Seeks to Create a One-acre Buildable Lot Summary: Granted with Conditions Petitioner: James H.Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC, Property Address: 312 Wianno Avenue,Osterville,MA& 199 East Bay Road,Osterville,MA Assessor's Map/Parcel: Map 140,Parcel 157-001 &Map 140,Parcels 157-OOA through 157-OOP Zoning: Residence C Zoning District Relief Requested & Background: The subject locus had been before the Board in 2003 and again in 2004 seeking similar relief to Modify two prior special permits and to establish a one-acre lot as a separate and buildable lot. Those appeals were withdrawn without prejudice. This staff report is that issued in the prior 2004-003,004 and 005 Appeals. For background,the subject locus is a two-lot site totaling 4.79 acres. The lots are regulated by Special Permits 1998-21 and 1998-22 issued to James H. Crocker Jr.,Trustee,East Bay/Osterville Trust to allow for the change of a non-conforming use to another and for the expansion of the non-conforming use. The permits were issued to the property occupied and used at that time as the East Bay Lodge and permitted the redevelopment of the site with expansion of the structures to that of sixteen (16) multi- familytownhouses development. Each of the residential units is a three-bedroom unit of approximately 4,000 sq. ft. each. At that time the locus had been divided into two lots by a plan entitled "Subdivision Plan of Land in Osterville (Barnstable),MA, for East Bay Osterville Trust" dated December 11, 1997 and signed by the Planning Board on December 15, 1997. That plan created Lot# 1 of 3.79 acres and Lot#2 a 1.00-acre lot. All of the 16 multi-family units were constructed on the 3.79-acre lot and the 1-acre lot was left vacant. The Board conditioned the one-acre lot with Condition No. 7 in the permits. That condition r Planning Division-Staff Report reads "There shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land- it shall be left vacant." The applications before the Board are seeking a three prong appeal to: 1. Remove the one-acre lot from the locus of the non-conforming use subject to the 1989 special permits. 2. Modify the 1989 special permits to remove Condition No. 7 and adjust the area upon which the non-conforming permits are applicable to that of the 3.79-acre lot only. 3. A variance to secure the one-acre lot as a buildable lot within the Resource Protection Overlay District that now requires all new lots to have a minimum lot area of two-acres'. Appeal 2004-145 Variances to Section 4-4.5 (1) (B) Provision 6 and 4-4.4(2) (B) to remove the one-acre lot from that area upon which the non-conforming use exists. Granting the variances would allow the one-acre lot to stand alone and separate from the non-conforming use area. The non-conforming use would then be reduced to being located only on the 3.79-acre lot. Relief to both sections is required as those sections correspond to the section upon which the 1998 Special Permits were issued. Section 4-4.5 applies to Special Permit 1998-22 - Change of a Nonconforming Use to Another Nonconforming Use and Section 4-4.4 applies to Special Permit 1998-21 issued for the alteration and expansion of the structures housing a non-conforming use- Nonconforming Building or Structure Not Used as Single or Two- Family Dwellings. Appeal 2004-146 Upon the granting of those variances,Special Permits 1989-21 and 22 can be modified to remove Condition Number 7 as it restricts the use of the one-acre lot. In doing so,the Board should also note in its modifications that the variances have been granted and that the remaining conditions of the permits are in full force with regards to the 3.79-acre lot that now houses the 16 multi-family residences. With reference to the modification request,MGL Chapter 40A, Section 14 states the powers of the Board includes modification of any order or permit it has issued. However,it should be noted that a modification of the permit could be seen as the issuing of a new permit. That is especially true in this instance in that the intended result of the decision is being changed. The land area upon which the permits were issued is being reduced in size, and basic findings upon which the permit was issued are being changed. Two other important points should be noted in appraising the modifications. Note: The relief applied for was that suggested by staff in an October 30,2003 letter to Attorney Alger. 2 Planning Division-Staff Report • First,the 1989 permit states that"Attorney Alger reported that the original site was 4.79 acres and this proposal is for the entire 4.79 acres,however,they will only be using the front pan of the site. Mr. Alger stated that sometime in the future,there is a hope that the one acre could be conveyed out. Mr. Alger stressed that this project is on the whole 4.8 acres. The entire parcel of land will be encompassed by the Special Permit." • The second is a ruling made by the Appeals Court of Massachusetts in which the court ruled that a request to modify a condition could be seen as an untimely appeal of an unfavorable condition. Standing - Appeals 2004-145 & 146: The first two appeals affect both lots and have been made under two applicants -James H. Crocker Jr., Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC as the owner of the one-acre lot and The Cove at East Bay Condominiums, as the owner of the 3.79 acre lot. The application includes the signatures of all 16 individual condominium unit owner waiving any interest in the one-acre lot and authorizing James H. Crocker Jr.,Trustee,East Bay/Osterville Trust to seek Zoning Board approval. Appeal 2004-147 The third appeal is for a variance to assure the one-acre lot is a buildable lot. That application has been made only in the name of the applicant James H. Crocker Jr.,Trustee,East Bay/Osterville Trust as it only affects the one owner and the conditions imposed will only affect that one acre lot. Staff has discussed this issue of a variance with the applicant's representative. Attorney Alger has always contended that the variance is not required. However,at the insistence of Staff the application was made. Staff has contended that a variance to the Resource Protection Overlay District regulation for two-acres appears necessary, however,that issue can be argued and the determination made by the Board. Prior staff reports had noted the opinion that the subject one-acre lot was not available for single or two-family residential use as the 1998 special permits curtailed it to a vacant lot not to be built upon in combination with a multi-family non-conforming use. The conclusion being that it could not avail itself of the grandfathering provision of Section 4-4.2(6) with respect to the requirements of the Resource Protection Overlay District because that protection is afforded only to "lots for single or two- family residential use." This subject lot was not a lot for single-family or two-family use. It was for multi-family use as it was tied into the special permits. The lot therefore has no protection under Sections 4-4.2. 2 Note: Bonfatti,Jr.v.Zoning Board of Appeals of Holliston Cite as:48 Mass.App.Ct.46,716 N.E.2d 1063 3 r Planning Division-Staff Report If the Board should determine that the variance to the two-acre zoning is not required,it appears that it would be difficult to apply any condition to the one-acre lot except by conditioning the variance being requested in Appeal 2004-145. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 13, 2004. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 03,2004, continued to at which time the Board found to grant the appeal. Board Members deciding this appeal were, Richard L.Boy,Ralph Copeland ,Sheila Geller,Jeremy Gilmore, Gail Nightingale,Ron S Janson,James Hatfield Randolph Chiles and Chairman Daniel M. Creedon III. Attorney Michael D. Ford represented the applicant before the Board ----- who were also presnet . He presented the plans for the ----- redevelopment citing that all of the proposed uses Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of November 03,2004,the Board unanimously made the following findings of fact: Appeal 2004-145 - James H Crocker Jr.,Trustee;East Bay/Osterville Trust and East Bay/Osterville LLC and The Cove at East Bay Condominiums have applied for a Variance to Section 4-4.5 (1) (B) Provision 6 and 4-4.5(2) (B) to allow a one-acre lot to stand separate from a 3.79-acre lot. The two lots together comprise all of a non-conforming use permitted by Special Permit Numbers 1998-21 and 1998-22. The one-acre lot is located as shown on Assessor's Map 140,Parcel 157-001, addressed 312 Wianno Avenue, Osterville,MA. The 3.79-acre lot is located as shown on Assessor's Map 140,Parcel 157-OOA through 157-OOP, addressed 199 East Bay Road,Osterville,M.A. Both are located in a Residence C Zoning District. Appeal 2004-146 - James I L Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC and The Cove at East Bay Condominiums have applied for a Modification of Special Permit Numbers 1998-21 and 1998-22 to modifythe permits to applyonlyto the 3.79-acre lot and amend condition 7 to allow construction of a single-family dwelling on a one-acre lot. The one-acre lot is located as shown on Assessor's Map 140,Parcel 157-001, addressed 312 Wianno Avenue, Osterville, MA. The 3.79-acre lot is located as shown on Assessor's Map 140,Parcel 157-OOA through 157-OOP addressed 199 East Bay Road, Osterville,MA. Both lots are in a Residence C Zoning District. Appeal 2004-147- James H. Crocker Jr., Trustee,East Bay/Osterville Trust has applied for a Variance to Section 3-1.3(5) Bulk Regulations,Minimum Lot Area and Section 3-5.3 Resource Protection Overlay District to permit a one-acre lot to be buildable under zoning. The subject property is located as shown on Assessor's Map 140,Parcel 157-001 addressed 312 Wianno Avenue, Osterville,MA, in a Residence C Zoning District. 4 I Planning Division-Staff Report Appeal 2004-145: Appeal 2004-145 - Variances Allowing 1-acre Lot to Stand Separate From 4.79-acre Site: Initial Draft Finding- if Testimony Should Sustain Them 1. Appeal 2004-145 is that of James H Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC,the applicants,seeking a Variance to Section 4-4.5 (1) (B) Provision 6 and 4- 4.4(2) (B) to allow a one-acre lot to stand separate from a 3.79-acre lot. The two lots together comprise the 4.79-acre site upon which a non-conforming use permitted by Special Permit Numbers 1998-21 and 22 exists. The one-acre lot is addressed as 312 Wianno Avenue,Osterville, MA and is shown on Assessor's Map 140, as Parcel 157-001. The 3.79-acre lot is addressed as 199 East Bay Road, Osterville,MA and is shown on Assessor's Map 140,as Parcels 157-OOA through 157-OOP. Both are located in a Residence C and Resource Protection Overlay Zoning Districts. 2. Special Permits 1998-21 and 22 were issued to James H Crocker Jr.,Trustee,East Bay/Osterville Trust to allow for the change of a non-conforming use the East Bay Lodge to 16 multi-family residential units. The permits also provided for the alteration and expansion of the structures. The development has been completed as per approved plans and in conformance with the permits issued. The residential units are located on the 3.79-acre lot and the one-acre lot remains vacant. 3. At the time of the granting of the 1998 special permits for the expansion and change of use an Approval Not Required (ANR) plan was submitted showing the reconfiguration of the nonconforming site from three lots into two. That plan was entitled"Subdivision Plan of Land in Osterville (Barnstable),MA. for East Bay Osterville Trust" dated December 11, 1997 and signed by the Planning Board on December 15, 1997. The plan created two lots,Lot# 1 being 3.79 acres,Lot #2 being 1.00 acres. Lot#2 on that plan is the subject lot before the Board today seeking variance to the provisions of the ordinance that requires a non-conforming use and its structures are located on the lot occupied by the nonconformity at the time it became non-conforming. 4. The configuration of the development and topographic changes between the two lots is not conducive to the two being used together and the one acre lot is vacant and unkempt. The two lots have frontage on two different roads. The multi-familyunits are all accessed from East Bay Road, the vacant lot fronts on and is accessed from Wianno Avenue. The two lots are in fact held in separate ownership. These conditions are unique to the locus and are not shared by other lots in the neighborhood nor in the zoning district. 5. In granting of the special permits there was a considerable reduction on the impacts from the prior non-conforming use such as traffic,number of employees,number of lodgers and in wastewater discharge on-site. In this instance,to grant the variances to permit the one-acre lot to stand alone would not constitute a substantial detriment to the public good and would not nullify or 5 i Planning Division-Staff Report substantially derogate from the intent or purpose of that provision of the Zoning Ordinance requiring non-conforming uses to remain on the original lot area. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following conditions: 1. The one-acre lot shall remain as created by the Approval Not Required (ANR) plan signed by the Planning Board on December 15, 1997. That plan is entitled"Subdivision Plan of Land in Osterville (Barnstable),MA. for East Bay Osterville Trust" dated December 11, 1997. The plan created two lots,Lot# 1 being 3.79 acres and the subject Lot#2 being 1.00 acres. 2. This variance shall only be used in combination with Appeals 2004-146 and 2004-147. All conditions imposed in Appeal 2004-146 that will modify existing special permits 1998-21 and 22 must be executed before this variance can take effect. The issuance of this variance is also subject to all conditions of Appeal 2004-147. The vote was as follows: AYE: Richard L.Boy,Randolph Childs,Ralph Copeland , Sheila Geiler,Jeremy Gilmore,Ron S.Janson, Gail Nightingale,James Hatfiled, and Daniel M. Creedon III. NAY: None Ordered: Special Permit 2004-30 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date of the filing of this decision,a copy of which must be filed in the office of the Town Clerk. Daniel M. Creedon 11.1,Chairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk Appeal 2004-146: Appeal 2004-146 - Modification of Special Permit 1998-21&22 Initial Draft Findings if Testimony Should Sustain Them 6 r Planning Division-Staff Report 1. Appeal 2004-146 is that of James H. Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC,the applicants,seeking a Modification of Special Permit Numbers 1998-21 and 1998-22 issued by the Zoning Board of Appeals on April 6, 1998 to modify the permits to apply onlyto the 3.79-acre lot and amend condition 7 to allow for construction of a single-family dwelling on a one-acre lot. The one-acre lot is addressed as 312 Wianno Avenue, Osterville,MA and is shown on Assessor's Map 140, as Parcel 157-001. The 3.79-acre lot is addressed as 199 East Bay Road, Osterville,MA and is shown on Assessor's Map 140, as Parcels 157-OOA through 157-OOP. Both are located in a Residence C Zoning District and a Resource Protection Overlay District. 2. Condition 7 of both special permits contains the following language regarding Lot 2: "There shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land- it shall be left vacant." Mr. Crocker did not appeal the decision or any of its conditions when it was issued. Rather,he proceeded to implement the relief granted and construct the 16 multi-family residential units. 3. Now, some 6 years after the permits were issued,the applicant has sought to modify those permits. The land area upon which the permits were issued is being reduced in size, and basic findings upon which the permit was issued are being changed. These changes are not minor in that the intended results of the decisions are also being changed. In essence,to make the requested modifications new permits are now being issued. In those 6 years,considerable changes have occurred in zoning and in the ordinances governing the town. In response to nitrogen loading of groundwater and coastal embayment the area has been overlaid with a Resource Protection Overlay District requiring two acres per dwelling unit. In response to the ever increasing needs for affordable housing,Town Council has adopted Article LXIII (63) of the General Ordinances of the Town of Barnstable- the Inclusionary Affordable Housing Requirements. That Article requires that "at least ten percent of the residential units constructed shall be dedicated by deed restriction to Affordable Housing Units." Modifying those permits today opens the issue of conformity to today's requirements. 4. The applicant has had the fortune of benefiting from the special permits issued and the reduction in the assessed value on the one-acre lot. The grant of the variance and the modification of the permits will provide a substantial windfall to the applicant. Had the special permits been granted today,the applicant would have had to sell one of the 4,000 sq.ft.three bedroom units with its garage to qualified households with an income of not more than 65% of the median income and the unit must be priced so as to be affordable at 65% of the median income,including principal and interest,taxes and condominium fees. 5. Granting of the modifications requested would not represent a substantial detriment to the neighborhood affected. Nevertheless, granting the modification now,without certain public benefits that today would be required,would constitute a substantial detriment to the public good and would nullify and substantially derogate from the intent and purpose of the Zoning Ordinance and the General Ordinances of the Town. However,with conditions agreeable to the applicant, those shortcomings can be surmounted and the modifications with conditions could be granted that would not constitute a derogation of the intent and purpose of Zoning. 7 Planning Division-Staff Report Suggested Conditions: 1. Special Permits 1998-21 and 22 are hereby modified so that condition number 7 is deleted in both permits and it is recognized that the permits will from here forward apply only to the 3.97 acre lot that is presently developed with 16 multi-family units. All findings and conditions affected by the reduction in the lot area and the variance granted in Appeal 2004-145 are also modified only to the degree that this modification and the variance apply. 2. In return for this modification,the applicant,James I-L Crocker Jr.,Trustee,East Bay/Osterville Trust shall comply with the requirements of today's Article LXIII (63) of the General Ordinances of the Town of Barnstable- Inclusionary Affordable Housing Requirements. In meeting this requirement,the applicant shall provide one unit of housing to be committed as affordable in perpetuity,priced so as to be affordable to those households at the 70% median income level for the area and marketed to those households at the 80% or less income level. 3. The affordable unit can be new construction on a legally buildbale lot or rehabilitation of an existing structure. The applicant,James H. Crocker Jr.,Trustee,East Bay/Osterville Trust shall be required to fund and oversee the building or improvements to assure a quality three-bedroom home that will meet today's building,fire and health codes. The dwelling shall not be less than 1,500 sq.ft.,three-bedrooms, 1.5 bathrooms,on a lot of not less than 7,500 sq.ft.,unless connected to town sewer. The lot must have satisfactory access as approved by the Building Commissioner and if served by an on-site septic system it shall be required to meet Title 5 without variance. That affordable dwelling must have an occupancy permit and committed in perpetuity to be affordable prior to any activity authorized in Variance 2004-145 including the selling/transferring of the lot to another entity or the building upon it. 4. The affordable unit shall be committed to be affordable in perpetuity as prescribed in Article UGII (63) of the General Ordinances of the Town of Barnstable. The Office of Economic and Community Development shall submit to the Zoning Board files a letter documenting that the unit has been created and committed in perpetuity as affordable in compliance with the Article and as conditioned herein as to affordability. The applicant shall initiate the creation of the affordable unit within one year of the grant of this modification. If not,this modification and Variances 2004-145 and 147 shall expire; otherwise they shall be considered in the process of being implemented and extended in time through the permitting and development of the affordable unit. Should the affordable unit not be completed and committed as affordable in perpetuity within two years from this grant the modifications and variance 2004-145 and 147 shall expire. Appeal 2004-147: 8 i planning Division-Staff Report Appeal 2004-147- Variance Resource Protection Overlay 2-acre Minimum Lot Area: Initial Draft Findings if Testimony Should Sustain Them: 1. Appeal 2004-147 is that of the applicant James H. Crocker Jr.,Trustee,East Bay/Osterville Trust petitioning for a Variance to Section 3-1.3(5) Bulk Regulations,Minimum Lot Area and Section 3- 5.3 Resource Protection Overlay District to permit a one-acre lot to be buildable under zoning. The subject property is located as shown on Assessor's Map 140,Parcel 157-001 addressed as 312 Wianno Avenue, Osterville,MA, in a Residence C Zoning District. 2. The subject lot had been intertwined with Special Permits 1998-21 and 22 issued to the applicant for the changes and alteration and expansion of a nonconforming use;the change from the East Bay Lodge to 16 multi-fanilyunits. Those permits further restricted the one-ace lot in Condition No. 7 that stated "there shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land- it shall be left vacant." 3. Appeal 2004-145 granted a variance to permit the one-acre lot to be separated from the area upon which a non-conforming use had been located. Appeal 2004-146 modified the special permits and removed Condition Number 7 as well as adjusting the condition and permits to be applicable only to the 3.97-acre lot that was developed. 4. Between 1998 and 2004 the locus was overlaid with a Resource Protection Overlay District (RPOD) in October of 2000 that increased the minimum lot area for all new lots to two-acres. There was a grandfather clause in Section 4-4.2(6) that protected non-conforming pre-existing lots for single-and two-family use from the new two-acre requirement. However, at the time of the RPOD,this lot was part of the multi-family use and therefore could not qualify for the protection offered bysection 4-4.2(6). The lot,therefore, needs this variance to be buildable today. 5. The lot is similar to the average size of lots within the neighborhood,it is one of the few undeveloped lots. The condition of the lot is not contributing to the neighborhood, in fact,it is detracting. In light of these conditions,this 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: 1. The one-acre lot shall remain as created by the Approval Not Required (ANR) plan signed by the Planning Board on December 15, 1997. That plan is entitled"Subdivision Plan of Land in Osterville (Barnstable),MA, for East Bay Osterville Trust" dated December 11, 1997. The plan created two lots,Lot# 1 being 3.79 acres and the subject Lot#2 being 1.00 acres. 2. The one-acre lot shall only be used for one single-family dwelling not to exceed two-stories in height nor 24 feet to the highest plate. The gross area of the home and all accessory building and garage shall not exceed 6,000 sq.ft. excluding basement areas. The maximum number of bedrooms shall not exceed 4. 9 Planning Division-Staff Report 3. All buildings and structures including any swimming pool and equipment/utility structures shall be required to have a 20-foot front yard setback, a 50-foot side yard setback and 30-foot rear yard setback. All mechanical equipment shall conform to those setbacks and shall be screened from the neighbor's and from the public's view. 4. The on-site septic shall comply with Title 5 without variance. 5. No Building Permit for the lot shall be issued until all conditions of Appeal 2004-146 are complied with. Copies: Petitioner/Applicant Attachments: 10 March 22, 2011 Mr. Thomas Perry j Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Permit *200803622 312 Wianno Avenue, Osterville (140-157-001) Dear Commissioner Perry: I am writing you today to request an extension pf permit #200803622 issued for the property located at 312 Wianno Avenue, Osterville, Map 140 Parcel 157-001 in the name of James H. Crocker Trustee / Scott Shields. Enclosed please find a check in the amount of $75.00 for the requested fee. Thank you for your help in this matter. Should you have any questions please do not hesitate to contact me at 508-428-8800. Sincerely i .:� i �. ay Ostervi e, LLC. co f oFIKE TOWN OF BARNSTABLE Building Application Ref: 200803622 BARNSTABLE, Issue Date: 09/23/08 Permit 9 MASS. $ArFD 39. 61 Applicant: DAVID A.PARRELLA Permit Number: B 20082080 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 03/23/09 Location 312 WIANNO AVENUE Zoning District RC Permit Type: NEW SINGLE FAMILY HOME Map Parcel 140157001 Permit Fee$ 5,100.00 Contractor SHIELDS,SCOTT Village OSTERVILLE App Fee$ 100.00 License Num 65898 Est Construction Cost$ 1,000,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND NEW SINGLE FAMILY 4 BEDROOM HOME THIS CARD MUST BE KEPT POSTED UNTIL FINAL 5TH EXTENSION TO EXPIRE 3/23/12 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: CROCKER,JAMES H JR TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 496 INSPECTION HAS BEEN E. OSTERVILLE, MA 02655 Application Entered by: DB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR/PERM .A TLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY T SDICTION. STREET OR ALLY 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 CONTSTRUCTION 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). ' 0 UM 9MUMV10 w9no 99=0@ff� BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health 1 TOWN 0FBARNSTABLE 1(09 S'EP 24 PH 2: 48 September 22, 2009 DIVISION Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 0.2601 Re: Permit#200803622 312 Wianno Avenue, Osterville (140-157-001) Dear Commissioner Perry: As per our telephone conversation, I am writing you today to request an extension of permit #200803622 issued on for the property located at 312 Wianno Avenue, Ostervile, Map 140 Parcel 157-001 in the name of James H Crocker Trustee / Scott Shields. Enclosed please find a check in the amount of $25.00 for the requested fee. Thank you for your help in this matter. Should you have any questions please do not hesitate to contact me at 508-428-8812. Sincerely. / y s H. =r�Jr f September 22, 2009 Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Permit#200803622 312 Wianno Avenue, Osterville (140-157-001) ,Q Dear Commissioner Perry: I am writing you today to request an extension of permit #200803622 issued on for the property located at 312 Wianno Avenue, Ostervile, Map 140 Parcel 157-001 in the name of James H Crocker Trustee / Scott Shields. Enclosed please find a check in the amount of $75.00 for the requested fee. Thank you for your help in this matter. Should you have any questions please do not hesitate to contact me at 508-428-8800. EB o S' ® -v er, Jr o Cn w w %A r- _ rn --------------- O UH SEP 2 2 RECT By September 22, 2010 Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Permit#200803622 312 Wianno Avenue, Osterville (140-157-001) Dear Commissioner Perry: I am writing you today to request an extension pf permit#200803622 issued for the property located at 312 Wianno Avenue, Osterville, Map 140 Parcel 157-001 in the name of James H. Crocker Trustee/ Scott Shields. Enclosed please find a check in the amount of$75.00 for the requested fee. Thank you for your help in this matter. Should you have any questions please do not hesitate to contact me at 508-428-8800. Since �o e , , Jr. ' ay Ostervi e, LLC. l tom ,, TOWN OF BARNSTABLE Building Application Ref: 200803622 BARNSTABLE, ' Issue Date: 09/23/08 Permit 9 MASS. �Ar16 �A�� Applicant: DAVID A.PARRELLA Permit Number: B 20082080 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 03/23/09 Location 312 WIANNO AVENUE Zoning District RC Permit Type: NEW SINGLE FAMILY HOME Map Parcel 140157001 Permit Fee$ 5,100.00 Contractor SHIELDS,SCOTT Village OSTERVILLE App Fee$ 100.00 License Num 65898 Est Construction Cost$ 1,000,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND NEW SINGLE FAMILY 4 BEDROOM HOME THIS CARD MUST BE KEPT POSTED UNTIL FINAL 4TH EXTENSION TO EXPIRE 3/22/11 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: CROCKER,JAMES H JR TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 496 INSPECTION HAS BEEN E. OSTERVILLE, MA 02655 Application Entered by: DB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR P RMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE%MMSDICTION. STREET OR ALLY 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 CONTSTRUCTION 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). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health i ry ui 10 U-S FOk-Jopm I'�d ts2�J G { TOWN OF BARNSTABLE Building 200803622 BABNSTABLE, Issue Date: 03/23/12 Permit 9 MASS. � �jAr�G 9. s� Applicant: DAVID A. PARRELLA Permit Number: B 20120739 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 09/20/12 Location 312 WIANNO AVENUE Zoning District RC Permit Type: NEW SINGLE FAMILY HOME Map Parcel 140157001 Permit Fee$ 75.00 Contractor SHIELDS,SCOTT Village OSTERVILLE App Fee$ 100.00 License Num 65898 Est Construction Cost$ 1,000,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND NEW SINGLE FAMILY 4 BEDROOM HOME �� ' I I THIS CARD MUST BE KEPT POSTED UNTIL FINAL 6TH AND FINAL EXTENSION TO EXPIRE 9/20/12 VAOVZe I ( t INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: CROCKER,JAMES H JR TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 496 INSPECTION HAS BEEN MADE. OSTERVILLE,MA 02655 Application Entered by: DB 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 MAYBE 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. I 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 yDDO NOT HAVE ACCESS TO GUARANTY FUND(asset forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 • 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health East Bay Osterville, LLC PO Box 496 Osterville, MA 0265S511 OF riv,,F 1 L 20l2 APR -3 PH 3'. 0 5 March 22, 20 -(2�'R4WTH MANIAGEM,ENT Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Permit #200803622 312 Wianno Avenue, Osterville (140-157-001) Dear Commissioner Perry: I am writing you today to request an extension of permit #200803622 issued for the property located at 312 Wianno Avenue, Osterville, Map 140 Parcel 157-001 in the name of James H. Crocker Trustee / Scott Shields. Enclosed please find a check in the amount of $75.00 for the requested fee. As you know, a condition of the permit required a large financial expense of providing a deed-restricted affordable unit into the Town program, which has been completed. A number of natural fencing to abutting properties has also been completed. To-date we have paid your Regulatory Services Building Division for permit fees in excess of seventy-five hundred dollars ($7,500). Thank you for your help in this matter. Should you have any questions please do not hesitate to tact me at 508-428-8800. Sinc I J fro. ker, Jr. Ea 161�Osterville, LLC. I Telephone 508-428-8800 Fax 508-420-1936 f Application , . O My File Edit Tools Help ( � Application 200803622_ _{+ Owner Status �� ACTIVE _—_� CROCKER,]AMES H]R TR Department 6300-BUILDWG'DEPARTMENT i* II ;( - = -- -_— - Contractor DAVID A.PARRELCA Project/Activity FIQ1-NEW)SIN FAMILY HOME �[ Active Business Description 1 NEW SINGLE FAMILY 4 BEDROOM HOME I Status code E%PR'.-EXPIRED APPLICATION; Description 2 5TH EXTENSION TO EXPIRE 3123112 j Status memo Applicant GC-GENERAL CQNTRACTOR - - _ ! Estimated cost 000,000� Fees effective 0710812008111� Assigned to IK... I,• _ { MPropertylUse I� Non-Conforming Date$/Misc7 Permits Type Status issued Restrtn Contractor Fee Total fUnpald Amt '1RES APP FE FEE 07JOB12008 SHIELDS,SCOTrr NEW ELEC REVIEWING 150.00 150.00 1 1 FOUND ONLY REVIEWING SHIELD5,5COTT .01 .01 RES GAS REVIEWING 00 00 RES PLUMBI REVIEWING .00 I5T EXTEN ISSUED 03124/2009 SHIELDS,SCOTT 50.00 .00 2ND EXTEN ISSUED 09122/2009 SHIELDS,SCOTT 75.00 .00 �311D EXTEN ISSUED 05/17/2010 SHIELD5,5COTT 100,00 .00 4TH EXTEN I55UED 09/2212010 SHIELDS,SCOTT 75.00 .00 �1 STH PERMIT ISSUED 0312312011 SHIELD5,5COTT - 75.00 .00 RES NEW I55UED 0912312008 SHIELDS,SCOTT 5,100.00 .00 {M: otal fees 5,750�01�k Total unpaid -T-` - 150.01� a , 3 P� 9"J Ji �( P{azGd�FYes Na l (�d SL6 Jtid C?T t� I�P�eN esdeyt ndJbY gcr��, �p" &PTi�rtllstoGy (31ns ecEfo;s r�fc`��VI�oIA�tloy��s�- m Revfew, (6�Jpe�iIte�ns, lCi Vt+ai Ffm�JRelated; I� JL N �� Attachment (0) --- - --- - --- — ill { Start Inbox-Microsoft... !a 4 Reminders Main S stem Menu,., �� Parcel Detail-Win rA'' 1 at�o'n Entr Pro ert Master 17{� 3;10 PM tl fl I I y I I — pP. P Y ��Ci �9i® KILROY & WARREN, P.C. ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 SENDER'S EXTENSION #209 July 13 , 2000 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 IN RE: LOT 2-318 WIANNO AVENUE PORTION OF, ASSESSORS MAP 140, PARCEL 157 Dear Mr. Crossen: This office represents James H. Crocker, Jr. , Trustee of East Bay/Osterville LLC, the owner of the above-referenced premises . My client has asked me to render an opinion to you as to the suitability of Lot 2 as a site for a single-family residence . Enclosed is a copy of the division plan which was endorsed by the Planning Board on December 15, 1997 and recorded on December 22 , 1998 at the Barnstable County Registry of Deeds in Book 545, Page 100 which shows the above-described Lot 2 .- The Lot meets all of the current dimensional requirements of the bylaw and is located in an RC-residential zone . You will recall, that Lot 1 as shown on the enclosed plan, was the subject of a filing under the site plan review provisions of our bylaw seeking approval for the construction of nineteen (19) residential condominium units . Site plan approval was granted with certain conditions for the nineteen (19) unit development on Lot 1 . The conditions to the site plan review decision were depicted on the January 12 , 1998 plan prepared by Down Cape Engineering. (See certification letter from Down Cape Engineering to Mr. Crocker dated January 4, 1999 letter and plan referred to therein attached hereto) The proposed buildings and other improvements met all of the current sideline and setback requirements and the on-site .septic system was sized to service the nineteen (19) units . CERTIFICATE OF SERVICE' I hereby certify that:a true copy of the above document was 'served upon each other party by mail on June 11, 1998: Eric W. Wodlinger DS2.342379.1 • COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. LAND COURT DEPARTMENT OF THE TRIAL COURT MISC;NO',247528 JAMES H. CROCKER,JR.;as Trustee of ) East Bay/Osterville Trust, ) Plaintiff, ) V. ) EMMETT F. GLYNN,EUGENE BURMAN,RON ) S. JANSSON, GAIL NIGHTINGALE,and ) ELIZABETH NILSSON,as they are members ) of the TOWN OF BARNSTABLE ZONING ) BOARD OF APPEALS, ) j Defendants. ) NOTICE OF VOLUNTARY DISMISSAL I Pursuant to the provisions of Mass. R. Civ.P:41(a)(1)(i),the plaintiff states that the defendant has not yet responded to the complaint. WHEREFORE,the plaintiff voluntarily discontinues this action and dismisses the complaint without prejudice. Respectfully submitted, JAMES H. CROCKER,JR., as Trustee of East Bay/Osterville Trust, By the' ttorney, Eric W. Wo linger(BBO#5319 Choate,Hall & Stewart Exchange Place 53 State Street Boston,MA 02109 (617)248-5000 Dated: June 11, 1998 t .j Y WHEREFORE, the Plaintiff prays that this Court: i (1) annul the conditions to the special permit approvals set forth above in¶ 13; and (2) grant such other relief as may be just and equitable under the circumstances. Respectfully submitted, By their atto ys, Eric W. Wodlinger(BBO #5319 Choate, Hall & Stewart Exchange Place 53 State Street Boston, MA 02109 (617)248-5000 i Dated: April 23, 1998 DS2.334394.1 i i I building is a sprinkler building, and a fire fighting access way is provided i between the buildings, then the fact that the buildings have a 10 foot setback from the rear lot lines is sufficient to allow a fire truck to get around the building, if necessary. At the same time, the Plaintiff does not dispute the fact that the Board has the authority to require that it comply with all applicable regulations of the Centerville, Osterville, Marstons Mills Fire District, as the Board required in Condition#8. This condition also incorporates an excessive delegation of the Board's authority; (e) By imposing Condition#11,the Board requires the Plaintiff to revise the plans that were submitted to the Board to show the reduction in the number of apartment units from 19 to 16 and the limitation of building r length to 450 feet without providing any reason or support in its decision and despite the fact that the Board found the proposed use for condominium residential apartment units would not be more detrimental to the site than the use that currently exists there; and (f) By imposing Condition#12, the Board requires the Plaintiff to design the septic system in the same manner as presented to the Board of Health, which presentation included the proposal for 19 units, despite the fact that Condition#1 decreases the number of residential units from 19 to 16 and without any evidence supporting the need to maintain a 19 unit capacity septic system for only 16 units. - 5 - I (a) By imposing Condition#1, the Board reduced the number of apartment units from 19 to 16 and reduced the square footage of each unit from 4,100 to 4,000 square feet without providing any reason or support in its decision and despite the fact that the Board found the proposed use for condominium residential apartment units would not be more detrimental to the site than the use that currently exists there; (b) By imposing Condition#6 prohibiting future additions or expansions of the gross square footage of the proposed structures, the Board effectively prevents the Plaintiff from exercising its right to petition government relative to the development of its property in accordance with existing state and local land use controls; �(c) By imposing Condition#7 prohibiting any construction"whatsoever" on Lot 2,the one acre parcel of land, the Board effectively prevents the Plaintiff from exercising its right to develop its property in accordance with existing state and local land use controls, even in a fashion consistent with the Zoning By-Law and/or these decisions; (d) By imposing Condition#9 requiring the Plaintiff to provide for emergency access to the rear for all vehicles on a revised plan as approved by the Building Commissioner and the Fire Department, the Board acted beyond its authority since jurisdiction over fire access issues is with the Fire Department which previously addressed those concerns during the Site Plan Review pLocess. The Fire Department recommended that since the � , -4 - r 7. The plaintiff filed Appeal No. 1998-21 and Appeal No. 1998-22 at the Town Clerk's Office and at the Board on November 21, 1998 proposing to alter and expand the restaurant and the hotel to house 19 luxury residential apartment units, each to have i approximately 4,100 square feet. The plaintiff also proposed to demolish the two existing accessory structures and to construct two accessory garage buildings, housing a total of 14 garages. Under the plaintiff's proposal, the total number of structures on the Property would remain the same. 8. The new Lot 1 is the proposed site for the 19 residential apartment units presented to the Board in Appeal No. 1998-21 and Appeal No. 1998-22. 9. A public hearing before the Board concerning Appeal No. 1998-21 and Appeal No. 1998-22 was duly advertised and notices sent to all abutters in accordance with Mass. Gen. L. c. 40A. 10. The public hearing before the Board was opened on February 4, 1998 and continued to March 25, 1998, at which time the Board granted Appeal No. 1998-21 and Appeal No. 1998-22 subject to several conditions. 11. Thereafter,the Board filed its written decisions with the Town Clerk on April 6, 1998 concerning Appeal No. 1998-21 and Appeal No. 1998-22. Certified copies of the decisions are attached hereto as Exhibits A and B. 12. The Plaintiff, as owner of the Property at issue in this appeal, is aggrieved by the Board's decisions to attach certain conditions to the special permits. 13. The Approvals with conditions of Appeal No. 1998-21 and Appeal No. 1998-22 exceed the authority of the Board for at least the following reasons: � - 3 - ! t , i a. Emmett F. Glynn Hyannis, MA 02601 b. Eugene Burman Hyannis, MA 02601 C. Ron S. Jansson Hyannis, MA 02601 d. Gail Nightingale Hyannis, MA 02601 e. Elizabeth Nilsson Hyannis, MA 02601 3. The plaintiff sought two special permits from the Board pursuant to Section 4- 4.4(2) and Section 4-4.5(1) of the Barnstable Zoning By-Law for the alteration and expansion of pre-existing nonconforming structures not to be used as single or two-family dwellings, and for a change of nonconforming use to another nonconforming use, respectively. 4. The land upon which the present East Bay Lodge stands is located within a RC Residential C Zoning District at 199 East Bay Road, Osterville,Massachusetts and consists of 2 lots with a total area of 4.8.acres. 5. On December 15, 1997,the Barnstable Planning Board endorsed an Approval Not Required ("ANR")Plan showing the reconfiguration of three lots into two lots. The ANR Plan created Lot No. 1, of 3.79 acres fronting on East Bay Road and Lot No. 2, of 1 acre fronting on Wianno Avenue. 6. The Property is improved with four buildings, including a 16,851 square foot restaurant, a 9,616 square foot hotel, a 1,600 square foot tower, and a 6,452 square foot maintenance garage, as well as three.tennis courts and associated parking and grounds. COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. LAND COURT DEPARTMENT OF THE TRIAL COURT MISC. NO. JAMES H. CROCKER, JR., as Trustee of ) East Bay/Osterville Trust, ) i ) Plaintiff, ) V. ) EMMETT F. GLYNN,EUGENE BURMAN, RON ) S. JANSSON, GAIT,NIGHTINGALE, and ) ELIZABETH NILSSON, as they are members ) of the TOWN OF BARNSTABLE ZONING ) BOARD OF APPEALS, ) Defendants. ) COMPLAINT Pursuant to Mass. Gen. L. c. 40A, §17,the plaintiff appeals from the decisions of the Barnstable Zoning Board of Appeals filed with the Town Clerk on April 6, 1998 approving with conditions two special permits sought by the plaintiff. 1. Plaintiff James H. Crocker, Jr. is the Trustee of East Bay/Osterville Trust with a usual place of business at 68 Wianno Avenue in Osterville, Massachusetts, and in his capacity as Trustee, owns certain land located at 185 and 199 East Bay Road, Osterville, Massachusetts and 308 and 318 Wianno Avenue, Osterville, Massachusetts (the "Property"). 2. The defendants are the duty constituted members of the Barnstable Zoning Board of Appeals (collectively, the "Boars!") as fellows: COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT - J�.IVIL-AcnON No. JAMES H. CROCKER, JR., as Trustee of East Bay/ Plaintiff(s) Ostervil e rust u e c m Y u a V. Y V Y 0 o EMMETT F. GLYNN, EUGENE BURMAN, RON S. JANSSON, Defendants) E h GAIL NIGHTINGALE, and ELIZABETH NILSSON, as they are members of the TOWN OF BARNSTABLE ZONING BOARD OF APPEALS o SUMMONS � r V r To the above-named Defendant: wodlinaer �f Choate, z You are hereby summoned and required to serve upon Eric W. , Hall & Stewart, P.C. T 53 State Street, Boston MA 02109-2891 , an answer to plaintiffs attorney, whose address is 3 N the complaint which is herewith served upon you,within 20 days after service of this summons upon you,ex- g S clusive of the day of service. If you fail to do so,judgment by default will be taken against you for the relief C .3 demanded in the complaint.You are also required to file your answer to the complaint in the office of the Recorder of this court at Boston either before service upon plaintiff's attorney or within a reasonable time thereafter. T our answer must state as a counterclaim any claim which you o Unless otherwise provided by Rule 13(a),y may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the T plaintiffs claim or you will thereafter be barred from making such claim in any other action. 0. Chief Justice, at Boston, the 23rd day of g 0 Witness, Peter W. Kilborn April , in the year of our Lord one thousand nine hundred and 98 lu c c y H � w Q a RECORDER" O in zz0 0 c NOTES: E» ° u 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. o v >,� 2. When more than one defendant is involved, the names of all defendants should appear in the caption. I a separate 0 v Y summons is used for each defendant, each should be addressed to the particular defendant. °z d H 3. TO PLAINTIFF'S ATTORNEY:.Pj.EASE CIRCLE TYPE OF ACTION INVOLVED (1) EQUITY-(2) OTHER Lc s-4 u(Vr_) ' CHOATE, HALL & STEWART A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS EXCHANGE PLACE 53 STATE STREET BOSTON, MASSACHUSETTS 02100-2891 TELEPHONE(617) 248-5000 FACSIMILE(617) 248-4000 TELEX 49615860 April 23, 1998 BY OVERNIGHT MAIL •A Barnstable Town Clerk Town Hall 230 South Street Hyannis, MA 02601 RE: James H. Crocker Jr as Trustee of the East BU/Osterville Trust v. Emmett Glynn, et al. Dear Sir/Madam: Please take note that James H. Crocker, Jr., as Trustee of the East Bay/Osterville Trust has filed an appeal in the Land Court from the decisions of the Town of Barnstable Zoning Board of Appeals filed with your office on April 6, 1998 (Appeal Nos. 1998-21 and 1998-22). Enclosed please find a copy of the Complaint filed in that appeal. Thank you for your attention to this matter. Sincerely, EriAW. Wo linger i Enclosure .aye APR 1 4 .. Tuidi4 t,'fTOMEY " — .,eT041`4 OF BARM`S*MBLE Il t DIME ram, Town of Barnstable Regulatory Services MARNSTABM KAM. Thomas F.Geiler,Director �E1639.�a Building Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM DATE: July 13,2000 TO: Robert Smith,Town Attorney FROM: Ralph M. Crossen Building Commissioner P � g REGARDING: Legal opinion Attached is a letter from Attorney Kilroy. Would you please advise of your recommendation in writing. a 9 C r � r- 4 2000 a Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 4-4.5(1)-Change of a Nonconforming Use to Another Nonconforming Use 8. All applicable regulations of the Centerville, Osterville, Marstons Mills Fire District shall be complied with. cy access to the rear for all vehicles on a revised plan and 9. The petitioner shall provide for emergen approved by the Building Commissioner and the Fire Department. 10. The petitioner shall comply with all applicable regulations of the Board of Health and the Building Division of the Town of Barnstable. 11. The project shall be built according to the plans that have been submitted with the exception that they shall be revised to show a maximum of sixteen (16) units only, and no one building shall be greater than 450 feet in length.. 12. The design of the septic system shall be as presented to the Board of Health and shall be located pursuant to the Board of Health permit, and shall be a Bio-Clear System. 13. The applicant will prepare a revised landscape plan to.the Building Division.and the'planning Department to make sure the property is screened effectively from both public ways. 14. The elevations shall not be built higher than what has been proposed to the Board: 15. The setback requirements that have been proposed by the Board shall be in conformance with the existing Zgning Ordinance. 16. The proposed structures are restricted to not more than two stories in height as proposed. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Gail Nightingale, and Chairman Emmett Glynn NAY: Elizabeth Nilsson MR-01V Order. - OF n granted with cSpecial Permit Number 9998-22 has bee ondic�o^�• .S. i n of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-22-Crocker special Permit-Section 4-4.5(1)-Change of a Nonconforming Use to Another Nonconforming Use 7. The structures and their use as lodging and restaurant were established prior to 1953, and did in fact, i predate zoning. The buildings themselves, because they encroach upon the sidelines, are nonconforming. 8. The use on this property, which has been a restaurant and lodge use, is legal pre-existing nonconforming use. 9. The proposed use for condominium residential apartment units would not be more detrimental to this site than the use that currently exists there now in view of the testimony received from the applicant. 10. The relief may be granted (subject to terms and conditions to be imposed) without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 11. The petitioner and the abutters did make an attempt to resolve the issues before these findings were made by the Board and nothing could be achieved between them. 12. The applicant is seeking a Special Permit pursuant to Section 4-4.5(1)to change a nonconforming use to another nonconforming use. This section provides for certain criteria and the following . requirements have been met Th.e proposed nonconforming use requires no more parking than the previous use. The proposed nonconforming use does not generate more traffic than the previous use. • The proposed residential use will not result in an increase of on-site and off-site noise, dust, and odors. • The proposed use will not result in an increase in the hours of operation or in the number of tenants or employees. • The proposed use will not expand (overall)the gross floor area of the nonconforming use, except as may be provided in Section 4-4.4(2), nor does it increase the number of nonconforming uses on the site. • The proposed nonconforming use will be on the same lot as occupied by the nonconforming use. • The proposed use is not to be expanded beyond the zoning district in existence on the date it became nonconforming. 13. The applicant has received approval of the Site Plan Review Committee with conditions imposed. 14. The Board of Health has reviewed the plans and proposal, reviewed the septic design, and has approved them. The Vote was as follow: AYE: Gene Burman, Ron Jansson, Gail Nightingale, and Chairman Emmett"Glynn NAY: Elizabeth Nilsson Decision: Based upon the findings a motion was duly made and seconded to grant the relief being.sought with the following terms and.conditions: 1. This permit shall be for sixteen (16) luxury,residential apartment units, each consisting of approximately 4,000 sq.ft. of overall square footage. 2. Each unit will have, as proposed, three (3) bedrooms and three (3) bathrooms. 3. The area on both sides of the proposed mailboxes shall be widened, in order to accommodate two Vehicles when one vehicle is stopped at the mailboxes. 4. The proposed sign shall meet the requirements of Section 4-3.5-Signs in Residential Districts. 5. Any exterior lighting.on-site,shall be of low intensity so that it will not impose upon the adjoining residential lots. 6. There shall be no future additions or expansion of the gross square footage of any of the proposed structures. . 7. There shall be no construction of an dwellin s or buildin s or structures of an a whatsoever on _ e one acre parcel of land -it shall be left vacant. Town of Barnstable-Zoning Board of Appeals.-Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 4-4.5(1)-Change of a Nonconforming Use to Another Nonconforming Use Mike Lally spoke in support of this proposal. In rebuttal, Attorney Alger stated he would like to file a brief to answer the concerns brought up at this hearing. He reiterated that the proposal is'to be on 4.8 acres-the same size it was when it became nonconforming. As to the number of seats in the restaurant-the occupancy permit allows for 381 seats. The nonconforming use is one of a hotel/restaurant in a residential area and the proposed use is multi- family residential, more in keeping with the principal permitted use under zoning. Attorney Alger emphasized this proposal is a change from one nonconforming use to another nonconforming use, and will not be more detrimental to the neighborhood. The Board requested briefs be submitted regarding the legal issue of nonconforming structure and nonconforming use. It was decided to continue Appeal Number 1998-21 and Appeal Number 1998-22 to March 25, 1998, At the continuance, Attorney Alger briefly reviewed the two appeals. Attomey Sabatt addressed the Board stating'he disagreed that the applicant is altering and expanding a nonconforming use. He feels the applicant is removing buildings- not expanding -and therefore Section 4-4.5 of the Zoning Ordinance does not apply. Attorney Ford addressed the Board and questioned the total acreage for this proposal. He stated the Board of Health ruling is based on 3.8 acres and not for the total 4.8 acres. In his opinion, the Board of Health may have asked the applicant to change his plans if the acreage were 4.8 acres not 3.8 acres. The Board quesfioned if the size of the buildings or the number of units could be reduced. Attorney Alger_ cited that they already cut back from the original 23 units requested last year to the current 19 units. The applicant wanted individual buildings rather than these long buildings, but the people in the area did not. They have tried different options to try to please the neighbors all to no avail. The front one acre is proposed to remain vacant to please the abutters. Attomey Alger reviewed the Board of Health approval letter(dated February 06, 1998)submitted to the file. It states the system can handle nineteen (19) units. The system complies with all regulations without Variance from the Board of Health. The Board Members discussed the project, citing'concems for the length of the buildings and that the overall proposal is less detrimental than what currently exists. Findings of Fact: At the Hearing of March 25, 1998, the Board found the following findings of fact as related to Appeal No. 1998-22, a request for a Special Permit.pursuant to Section 4-4.5(1) -Change of a Nonconforming Use to Another Nonconforming Use: 1. The applicant is James J. Crocker, Jr., Trustee for East Bay/Osterville Trust. 2. The property is addressed as 185 & 199.East Bay Road and.308 & 318 Wianno Avenue, Osterville, MA.as shown on Assessor's Map 140, Parcels 157, 217, and 218 3. The property is currently zoned RC Residential C Zoning District. The principal permitted use in this district is a single-family residential dwelling. 4. The petitioner is proposing to build nineteen (19) luxury residential apartment units on a site of land conslsttn of 4.8 acres. 5. Presently, the site is,burdened by several buildings including a 16,000+ sqft restaurant, and a 10,000(+/-) sq.fL hoteUmotel-which has historically been known as the East Bay Lodge. Also on the property is-a tower and a 6,500(+/-)sq.fL maintenance garage, as well as two tennis courts and associated parking and grounds. 6: The-original lodge was built sometime well before the turn of the century and the building was added onto in 1912 and again around 1920. The tower was built in 1920 and the eighteen-unit hotel was apparently built in 1975. i Town of Bamstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 4-4.5(1)-Change of a Nonconforming Use to Another Nonconforming Use John Keenan of Keenan and Kenny Architects, Ltd. addressed the Board on the plans. He cited that they are reducing the building height by over three feet and moving it back from the lot line so that it will now conform to the setbacks and height requirements for the district. All buildings will conform with the exception of the existing tower. The grading will conform to engineer standards. The existing vegetation along East Bay Road will be preserved because the new buildings will be placed on the existing building footprints. The current driveway will be used. There will be substantial landscaping and when completed it will give the effect of a small village. Lighting will be low level. Mr. Keenan reported the overall length of Building#1 is approximately 550 feet long with a maximum width of 86 feet at the East Bay Road end of the site. The maximum width at the west end of the site is 62 feet. The ridge height is 30 feet, the plate height is 20 feet The overallIength of Building#2 is approximately 465 feet long, and the maximum width-is 62 feet. The ridge height is 30 feet, the plate height is 20 feet. As to the other buildings, Auxiliary Building#2 is 159 feet long and 18 feet to'the ridge. Auxiliary Building #1, the existing tower, has a height of 52 feet and the new ridge height will be 17.6 feet with an overall length of 45 feet Mr. Keenan addressed safety, citing that the buildings will have sprinkler systems and that the plans were reviewed with the Fire Department and there request for access through the building to the back of the buildings has been met A six foot wide passage way at the middle of the buildings, running front to back, is provided. This fire fighting access was approved by the Fire Department as stated in a letter dated November 6, 1997, from Chief John Farrington. The buildings themselves conform to the 10 foot setback requirement all around the building so a fire truck could go around the building, if necessary, however, there is no actual planned access to the rear of the buildings. Public Comments: Attorney Michael Ford and Attorney Charles Sabatt, representing several abutting neighbors, spoke in opposition. Attomey Ford questioned if the applicant has standing as a pre-existing nonconforming use. He presented an extensive time line for the site and noted that a 1977 Approval Not Required (ANR) Plan dividing the area into three parcels. From 1985 to 1991 the three lots were in separate ownership, and that fact could have prejudiced the nonconforming'statues. He concluded that the nonconforming use may now be a`noncomplying' use. Attorney Ford also questioned the number of seats the applicant has in his restaurant citing that it may have,been increased without required approval of the Board and those figures would be a relevant factor in comparing the impacts of the proposed changes. o ey Sabatt repeated the issue of Io�Sj7P. e,n the anplicant was before the Board of Health the proposal was not the entire five acre parcel, however, tonight there has bee tion esenta ro Is on all five acres. He also cite at Section 4-4.4(2)states"Alterations or expansions in a .pre-existing nonconforming building or structure that do not meet the provisions of Section 4-4.4(1), shall be permitted only by a special permit from the Zoning Board of Appeals.".Mr. Sabatt stressed the section reads in a pre-existing building. He questioned what part of the building they are preserving in order for the expansion to be in'a pre-existing building. There are letters in the file from Susan Bianci; Harriet Kavanagh; Joseph P. Tyrrell; Andrew F. Readon; .Grace S.Adair, E.Elieen McIver, Paul M. Murphy; Mr. &Mrs. Peter Standish; Marjorie McGraw; Mr. &Mrs. William P. Sommers;-ArthurF. Cook. Jr.; Mary Madden; Barbara Andreason; Mrs. John L. Hess;W.H. Leonard; J. Sanford Miller, Elisabeth Easton Clark; Peter Cadaou; Louise J. Brenton; Louise J. Brenton; and'Frank'Madden,Jr., all of which are in opposition to the proposal. Attorney James Julian represented Mr. &Mrs. Bianci and stated that East Bay Road is already busy with traffic to Dowses Beach and.that East Bay.Lodge has not been fully operational for many years, and people have gotten used to that fact'He feels this site should be used for single family homes: Jay Larman, President of Osterville Village Association;read a letter in opposition from the Board of Director. Dave Derosier questioned the traffic reports and the number of cars being reported. Charles Graham also spoke in opposition" Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 44.5(l)-Change of a Nonconforming Use to Another Nonconforming Use Special Permit and the Zoning Board of Appeals must find that the proposed nonconforming use is no ` more detrimental to the neighborhood and that all of the requirements are met. He cited that; • A Board of Health permit was granted-for a Bio-Clear Septic System, 4 1% • According to the ITE Handbook, this proposal will reduce traffic by 93% and there is.ample parking, 4' • The proposed use will not result in an increase of on-site and off-site noise, dust, and odors, • The proposed use will eliminate the employees and reduce the hours of operation, 7p n • It is on the same lot as occupied by the�onconformin4 use on the date it became nonconforming in that it has always been 4.8 acres and will remain 4.8 acres, and V • it Is no expanded beyond the zoning district in existence on the date it became nonconforming. VIlk 0 Attorney Alger stated that in regards to expansion of the gross floor area of the nonconforming use, the applicant is seeking that as provided forin Section 4-4.4(2), Appeal No. 1998-21. k, In Attorney Alger's opinion, the proposal meets all the requirements of this Section, and therefore-complies with the Zoning Ordinance, and is not substantially more detrimental to the surrounding neighborhood. The second request is a Special Permit pursuant to Section 4-4.4(2). This section provides for the alteration or expansion of pre-existing nonconforming structures not used as single or two-family dwellings by a Special Permit from the Zoning Board of Appeals. The Board must find that the alteration or expansion is not substantially more detrimental to the surrounding neighborhood. These are the same issues that were previously addressed by Mr. Alger when he reviewed Section 4-4.5(1). I � Ame Ojala of Down Cape Engineering cited that applicant gave two altemative.plans to the Board of Health for the septic systems. One plan was strictly a Title V plan and the second plan was a Title V plan with the addition of a Bio-Clear system. The Board of Health chose to approve on January 27, 1998, the t� Bio-Clear Plan per Permit#98-65. Mr. Ojala reviewed his Trip Generation and Parking Analysis. According to the ITE Manual, the proposed use would reduce the average daily trips by 93%. The total daily trip generation for the existing condition is 1,387 trips and the proposed condition would generate 125 trips per day for a reduction of 1,262 trips per day. Also, based on the Town of Barnstable parking requirements, the present uses require 165 spaces and the proposed use would require only 32 spaces. A reduction of 133 spaces. There are 60 spaces proposed on the site plan. The entrance and exit from the site is to be via East Bay Road only. The rear road that leads to Wianno Avenue would be discontinued. All drainage will.be contained on site in a leaching area close to East Bay Road. The proposal received Site Plan Review Approval. The Board asked about the Bio-Clear Septic System with regard to nitrate levels. Mr. Ojala noted a standard Title V system for this site would produce 14 arts/ er million. The Bio-Clear S stem would V. P P P produce 8.6 pa s/per ml Ion. n The 20 questioned he totaLmreage for thi LpEW_e_cL Attorney Alger reported that the original site was .4.79 acres and this.proposal is for the entire 4.79 acres, however, they will only be using the front part o the a site .Mr. Alger stated that sometime in the future, there is a hope that the one acre could be conveyed out Mr.Alger stressed that this project is on the whole 4.8 acres. The entire parcel of land will be .encompassed by a Specia Permit Mr. Crocker reviewed the density of other condominium units in Osterville, citing that the proposal averages 4.91 units peracre. The proposed two floor gambrel style dwelling will conform to the .neighborhood. With regard to.lot coverage, the proposal has a reduction of 0.14 acres or 18,000 square feet of surface coverage..That area will be returned to landscaping and/or open space. As to the'tax base-for the Town,.the property's assessed value is$1,100,000. With nineteen units selling at the lower level price of$550,000,there would be an evaluation of$10,450,000 total that would produce $142,000 in real estate tax revenues for the Town. i Town of Bamstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 4-4.5(1)-Change of a Nonconforming Use to Another Nonconforming Use special permit from the Board. The Board found that the proposal would also require a use variance from Section 2-3.6 of the Zoning Ordinance, Principal Permitted Uses. An ANR showing the reconfiguration of three lots into two was endorsed by the Planning Board on December 15, 1997. The plan creates Lot No. 2 of 1 acre fronting on Wianno Avenue and Lot No. 1 of 3.79 acres fronting on East Bay Road. The new Lot 1 is the proposed site for the 19 unit apartment complex being presented to the Board in Appeal No. 1998-21 and 22. The 1 acre lot(Lot No. 2) fronting on Wianno meets the present zoning requirements as a buildable lot. j At this time the applicant is proposing to retain part of the existing structures and expand the building coverage area, apparently to avoid a variance situation. The structures have changed from townhouse units to 19 apartment units through the introduction of a common basement and shared stairwells to the basement level. Building No. 1 is the existing restaurant structure changing and expanding to 11 apartment units, Building No. 2 is the existing lodge facility changing and expanding to 8 apartment units. A center structure is to contain 11 garages and a restored and altered tower structure is to contain 3 garages. The-proposal contain a total of 84,316 sq.ft. of building area - 5,416 sq.ft. is contained within.the accessory buildings, Building No. 2 (south side) to contain 45,600 sq.ft. and Building No. 1 (north side) to contain 33,300.sq.fL Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on November 21, 1998. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40K The hearing was opened February 04, 1998 and continued to March 25, 1998, at which time the Board granted the request with conditions. An extension of time for filing of the decision was greed upon by the applicant and Board. A copy of which is in the file. Hearing Summary: Board Members hearing and deciding this appeal were Gail Nightingale, Ron Jansson, Gene Burman, Elizabeth Nilsson and Chairman Emmett Glynn: Attorney John Alger represented James Crocker,who was present along with Attomey Bernard Kilroy; Arne Ojala of Down Cape.Engineering; and John Keenan and Antonia Kenny of Keenan and Kenny Architects, Ltd. Attorney Alger requested and the Board agreed to have Appeals Number 21 and 22 heard together. Attorney Alger reported the applicant is seeking two Special Permits, one to alter and expand the existing restaurant and hotel buildings, and the other to change the use from hotel and restaurant to nineteen apartment units. Mr.Alger had previously submitted a memorandum to the file in support of these appeals. Included in the memorandum is a deed from.Nelson Bearse to Charles Brown dated 1917, and a deed from Forrest Howard dated 1924. Both deeds"talk" of the Inn. The East Bay Lodge has existed for many years and predates zoning in the area. .The Inn has a Common Victualer's License that allows a 381 seat restaurant and alcoholic beverages to be served from 8:00 AM to 1:00 AM, seven days a week. There is also a Public Entertainment License LAttomi at allows outdoor entertainment until 10:00 PM. The hoteUnn consists of eighteen rental units, plus a nction room and kitchen: In the restaurant there are 2-three bedroom apartments, 1-two bedroom partment,'and seven offices.'�tiere is a tower that consists of a full bathroom and office. The aintenance garage has facil'fies formerly used for catering. y Alger reviewed the relief the applicant is seeking-two Special Permits. One Special Permit isursuant to Section*44.5(1).to change a nonconforming use to another nonconforming use. This sectionrovides that a pre-existing nonconforming use may be changed to another nonconforming use only by' 0� EXHIBIT B KAM r M1ts Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1998-22-Crocker Special Permit-Section 4-4.5(1) -Change of a Nonconforming Use to Another Nonconforming Use. Summary Granted with Conditions Applicant: James H:Crocker,Jr.,Trustee East Bay/Oste ille Trust A TRUE COPY ATTEST Property Address: 185& 199 East Bay Road,308&318 Wianno venue,OsteNiile Assessors Map/Parcel Map 140, Parcels 157 217 and 218 4.8 acres Building Area. 78,900 sq. Area Zoning: RC Residential C Zoning District Town Clerk Groundwater Overlay: AP Aquifer Protection District. BARNSTABLE Background: The ro a on which the resent East Ba Lod a resides consists of 3 lots with a total area of 4.8 acres located at 199 East Bay Road in the Village of Osterville. The property is improved with four buildings, to include.a 16,851 sq. ft. restaurant, a 9,616 sq.ft. hotel/motel, a 1,600 sq. ft. tower, and a 6,452 sq. ft. maintenance garage, as well as two tennis courts and associated parking and grounds. It is located within an RC Residential C Zoning District which only permits single-family dwellings as-of-right. The applicant is proposing to alter and expand the two principal structures(the s e restaurant st Each unit s hotel)to to house 19 luxury residential apartment units, each.unit approximately q gave 3 bedrooms and 3 bathrooms and apparently.will range'in price from$550-600,000. The applicant also proposes to demolish the two existing accessory structures and construct two accessory garage buildings. From elevations presented, it appears that the existing tower structure would be altered to house three garages and'the tower itself would remain. The other accessory building would house 11 garages. The total numberof structures would remain the same. The original lodge was built.in 1840, according to the assessor's records. builtin is building tithe 8 unit later added motel onto in 1912 and again in about 1920. The office/tower structure was in 1975, and the garage in.1980, according to the assessor's records. The two principal buildings on this site are nonconforming because of their current uses as a restaurant and hotel. Also,the restaurant and tower, located along the-southern lot line, are nonconforming structures in terms of the minimum side yard setback of 10 feet and the maximum height limitation of 30 feet or 21/2 stories. The applicant is requesting two Special Permits: • Appeal*No. 1998-21 -Section 4-4.4(2)for the alteration and expansion of pre-existing nonconforming structures not used as single or two-family dwellings. Appeal No. 1998-22-Section 44.5(1)for a change of a nonconforming use to another nonconforming .Use. Recent History: The Board may recall Appeal No. 1997-54, an earlier proposal to raze all of the existing buildings on the property in order to construct 22'townhouse-style condominium units. 'In that appeal,.the Board overruled a decision by the Building Commissioner that the property owner's proposal to raze the existing structures townhouse-style condominiums, only required ructures on the site, and to construct 13 new buildings for 22 a I - 1 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker Special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings 9. The petitioner shall provide for emergency access to the rear for all vehicles on a revised plan and approved by the Building Commission er.and the Fire Department. 10'. The`petitioner shall comply with all applicable regulations of the Board of Health and the Building Division of the Town of Barnstable. 11.'The project shall be built according to the plans that have been submitted with the exception that they shall be revised to show a maximum of sixteen (16) units only, and no one building shall be greater f 0 than 45eet in length.. 12. h 5 the septic system shall be as presented to the Board of Health and shall be located pursuant to the Board of Health permit, and shall be a Bio-Clear System. 13. The applicant will prepare a revised landscape plan to the Building Division and the Planning Department to.make sure the property is screened effectively from both public ways. 14. The elevations shall not be built that hayshallBoard.l�er than what has been proposed to the have been proposed by the Board e in conformance with the 15. The setback requirements existing Zoning Ordinance. 16. The proposed structures are restricted to not more than two stories in height as proposed. The Vote was-as follows: AYE: Gene Burman•Ron Jans son, Gail Nightingale, and Chairman Emmett Glynn NAY: Elizabeth Nilsson 9s-21 has been granted with conditions. Y t Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings 7. The structures and their use as lodging and restaurant were established prior to 1953, and did in fact, predate zoning. The buildings themselves, because they encroach upon the sidelines, are nonconforming. 8. The use on this property, which has been a restaurant and lodge use, is legal pre-existing nonconforming use. 9. The proposed use for condominium residential apartment units would not be more detrimental to this site than the use that currently exists there now in view of the testimony received from the applicant. 10.-The relief may be granted (subject to terms and conditions to be imposed)without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 11.. .The petitioner and the abutters did make an attempt to resolve the issues before these findings were made by the Board and nothing could be achieved between them. 12. The applicant is seeking.a Special Permit pursuant to Section 4-4.4(2) to expand a nonconforming structure. The Board had previously found in Appeal Number 1998-22 that the criteria for Section 4- 4.5(1) have been met • The proposed.nonconforming use requires no more parking than the previous use. • The proposed nonconforming use does not generate more traffic than the previous use. • The proposed residential use will not result in an increase of on-site and off-site noise, dust, and odors. The proposed use will not result in an increase in the hours of operation or in the number of tenants or employees. • The proposed use will not expand (overall) the gross floor area of the nonconforming use, except as may be provided in Section 4-4.4(2), nor does it increase the number of nonconforming uses on the site. • The proposed.nonconforming use will be on the same lot as occupied by the nonconforming use. • The proposed use is not to be expanded beyond the zoning district in existence on the date it became nonconforming. .13.-The applicant has received approval of the Site Plan Review Committee with conditions imposed. 14. The Board of Health has reviewed the plans and proposal, reviewed the septic design, and has approved them. The Vote was as follow: AYE: Gene Burman, Ron Jansson, Gail Nightingale, and Chairman Emmett Glynn NAY: Elizabeth Nilsson Decision: .Based upon the findings a motion was duly made and seconded to grant the relief being sought with the following terms and conditions: 1. This permit shall be for sixteen (16) luxury residential apartment units, each consisting of approximately 4,000 sq.ft of overall square footage. 2. . Each unit will have, as proposed, three(3) bedrooms and three (3) bathrooms. 3. The area on both sides of the proposed mailboxes shall be widened, in order to accommodate two vehicles when one vehicle is stopped at the mailboxes. 4. . The proposed.sign shall meet the requirements of Section 4-3.5 -Signs in Residential Districts. 5. Any exterior lighting on-site shall be of low intensity so that it will not impose upon the adjoining residential lots. 6. There shall be no future additions or expansion of the gross square footage of any of the proposed structures. . 7. There shall be no construction of any dwellings or buildings or structures of any type whatsoever on. .the one acre parcel of land -it shall be left vacant 8. All applicable regulations of the Centerville, Osterville, Marstons Mills Fire District shall be complied with. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker Special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings Mike.Lally spoke in support of this proposal. In rebuttal, Attomey Alger stated he would like to file a brief to answer the concems brought up at this hearing. He reiterated that the proposal is to be on 4.8 acres - the same size it was when it became nonconforming. As to the number of seats in the restaurant- the occupancy permit allows for 381 seats. The nonconforming use is one of a hotel/restaurant in a residential area and the proposed use is multi- family residential, more in keeping with the principal permitted use under zoning. Attomey Alger emphasized this proposal is a change from one nonconforming use to-another nonconforming use, and will not be more detrimental to the neighborhood. The Board requested briefs be submitted regarding the legal issue of nonconforming structure and no use. It was decided to continue Appeal Number 1998-21 and Appeal Number 1998-22 to March.25, 1998, At the continuance, Attomey Alger briefly reviewed the two appeals. Attorney Sabatt addressed the Board stating he disagreed that the applicant is altering �nd expanding a nonconforming use. He feels the applicant is removing buildings - not expanding -and therefore Section 4-4.5 of the Zoning Ordinance does not apply. Attomey Ford addressed the Board and questioned the total acreage for this-proposal. He stated the Board of Health ruling is based on 3.8 acres and not for the total 4.8 acres. In his opinion, the Board of Health may have asked the applicant to change his plans if the acreage were 4.8 acres not 3.8 acres. The Board questioned if the size of the buildings or the number of units could be reduced. Attomey Alger cited that they already cut back from the original 23 units requested last year to the current 19 units. The applicant wanted individual buildings rather than these long buildings, but the people in the area did not They have tried different options to try to please the neighbors all to no avail. The front one acre is proposed to remain vacant to please the abutters. Attomey Alger reviewed the Board of Health approval letter(dated February 06, 1998) submitted to the file. It states the system can handle nineteen (19) units. The system complies with all regulations without . Variance from the Board of Health. The Board Members discussed the project, citing concems for the length of the buildings and that the overall proposal is less detrimental than what currently exists. Findings of Fact: At the Hearing of March 25, 1998, the Board found the following findings of fact as related to Appeal No. 1998-21, a.i-equest for a.Special Permit pursuant to Section 4-4.4(2) - Nonconforming Building or Structure Not Used as Single or Two Family Dwellings: 1. The applicant is James J. Crocker, Jr., Trustee for East Bay/Osterville Trust 4r2. Thepropert(. is addressed as 185 & 199 East Bay Road and 308 &318 Wianno Avenue, Osterville, -MA as shown on Assessor's Man 14n, Pnrrpls 157 917 and 218 3. The property is currently zoned RC Residential C Zoning District. The principal permitted use in this district is a single-family residential dwelling. 4. Thejpetitioner is proposing to build nineteen (19) luxury residential apartment units on a site of land consisting of 4:8_acres... 5. Presently, the site is burdened by several buildings including a 16,000+ sq.ft restaurant, and a 10,000.(+/-).sq.ft hotel/motel-which has historically been known as the East Bay Lodge. Also on the property is a tower and a 6;500(+/-) sq.ft. maintenance garage, as well as two tennis courts and associated parking and grounds. 6. . The original lodge was built sometime well before the turn of the century and the.building was added . onto in 1912 and again around 1920. The tower was built in 1920 and the eighteen-unit hotel was apparently built in 1975. J Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No..1998-21 -Crocker Special Permit Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings John Keenan of Keenan and Kenny Architects, Ltd. addressed the Board on the plans. He cited that they are reducing the building height by over three feet and moving it back from the lot line so that it will now conform to the setbacks and height requirements for the district. All buildings will conform with the exception of the existing tower. The grading will conform to engineer standards. The existing vegetation along East Bay Road will be preserved because the new buildings will-be placed on the existing building footprints. The current driveway will be used. There will be substantial landscaping and when completed it will give the effect of a small village. Lighting will be low level. Mr. Keenan reported the overall length of Building #1 is approximately 550 feet long with a maximum width of 86 feet at the East Bay Road end of the site. The maximum width at the west end of the site is 62 feet. The ridge height is 30 feet, the plate height is 20 feet. The overall length of Building#2 is approximately 465 feet long, and the maximum width is 62 feet. The ridge height is 30 feet, the plate height is 20 feet. As to the other buildings, Auxiliary Building#2 is 159 feet long and 18 feet to the ridge. Auxiliary Building #1, the existing tower, has a height of 52 feet and the new ridge height will be 17.6 feet with an overall length of 45 feet. Mr.. Keenan addressed safety, citing that the buildings will have sprinkler systems and that the plans were reviewed with the Fire Department and there request for access through the building to the back of the buildings has been met. A six foot wide passage way at the middle of the buildings, running front to back, is provided. This fire fighting access was approved by the Fire Department as stated in a letter dated November 6, 1997, from Chief John Farrington. The buildings themselves conform to the 10 foot setback requirement all around the building so a fire truck could go around the building, if necessary, however, there is no actual planned access to the rear of the buildings. Public Comments: Attorney Michael Ford and Attorney Charles Sabatt, representing several abutting neighbors, spoke in opposition. Attorney Ford questioned if the applicant has standing as a pre-existing nonconforming use. He presented an extensive time line for the site and noted that a 1977 Approval Not Required (ANR) Plan dividing the area into three parcels. From 1985 to 1991 the three lots were in separate ownership, and that fact could have prejudiced the nonconforming statues. He concluded that the nonconforming use may now be a"noncomplying" use. Attomey Ford also questioned the number of seats the applicant has in his restaurant citing that it may have been increased without required approval of the Board and those figures would be a relevant factor in comparing the impacts of the proposed changes. Attorney.Sabatt repeated the issue of lot size. When the applicant was before the Board of Health, the proposal was not the entire five acre parcel, however,.tonight there has been representation that the proposal is on all five acres. He also cited that Section 4--4.4(2) states"Alterations or expansions in a pre-existing nonconforming building or structure that do not meet the provisions of Section 4-4.4(1), shall be permitted only by a special permit from the Zoning Board of Appeals." Mr. Sabatt stressed the section reads in a pre-existing building. He questioned what part of the building they are preserving in order for the expansion to be in a pre-existing building. There are letters in the file from Susan Bianci, Harriet Kavanagh; Joseph P. Tyrrell; Andrew F. Readon; Grace S.Adair, E.Elieen McIver, Paul M. Murphy; Mr. &.Mrs. Peter Standish; Marjorie McGraw; Mr. & Mrs. William P. Sommers; Arthur F. Cook. Jr.; Mary Madden; Barbara Andreason; Mrs. John L. Hess; W.H. Leonard; J. Sanford Miller,-Elisabeth Easton Clark; Peter Cadaou; Louise J. Brenton; Louise J. Brenton; and Frank Madden, Jr.;all of which are in opposition to the proposal. Attorney James Julian represented Mr. & Mrs. Bianci and stated that East Bay Road is already busy with traffic.to Dowses Beach and that East Bay Lodge has not been fully operational for many years, and people have gotten used to that fact He feels this site should be used for single family homes. Jay Larman, President of Osterville Village Association, read a letter in opposition from the Board of Director: Dave Derosier questioned the traffic reports and the number of cars being reported. Charles Graham also spoke in opposition d Jl: Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker Special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings Special Permit and the Zoning Board of Appeals must find that the proposed nonconforming use is no more detrimental to the neighborhood and that all of the requirements are met. He cited that; • A Board of Health permit was granted for a Bio-Clear Septic System, • According to the ITE Handbook, this proposal will reduce traffic by 93% and there is ample parking, • The proposed use will not result in an increase of on-site and off-site noise, dust, and odors, • The proposed use will eliminate the employees and reduce the hours of operation, • It is on the same lot as occupied by the nonconforming use on the date it became nonconforming in that it has always been 4.8 acres and will remain 4.8 acres, and • it is not expanded beyond the zoning district in existence on the date it became nonconforming. Attorney Alger stated that in regards to expansion of the gross floor area of the nonconforming use, the applicant is seeking that as provided for in.Section 4-4.4(2), Appeal No. 1998-21. In Attomey.Alger's opinion, the proposal meets all the requirements of this Section, and therefore complies with the Zoning Ordinance, and is'not substantially more detrimental to the surrounding neighborhood. The second request is a Special Permit pursuant to Section 4-4.4(2). This section provides for the alteration or expansion of pre-existing nonconforming structures not used as single or two-family dwellings by a Special Permit from the Zoning Board of Appeals. The Board must find that the alteration or expansion is not substantially more detrimental to the surrounding neighborhood. These are the same issues'that were previously addressed by Mr. Alger when he reviewed Section 4-4.5(1). Ame Ojala of Down Cape Engineering cited that applicant gave two alternative plans to the Board of Health for the septic systems: One plan was strictly.a Title V plan and the second plan was a Title V plan with the addition of a Bio-Clear system. The Board of Health chose to approve on January 27, 1998, the Bio-Clear Plan per Permit#98-65. Mr. Ojala reviewed his Trip Generation and Parking Analysis. According to the ITE Manual, the proposed use would reduce the average daily trips by 93%. The total daily trip generation for the existing condition is 1,387 trips and the proposed condition would generate 125 trips per day for a reduction of 1,262 trips per day. Also, based on the Town of Barnstable parking requirements, the present uses require 165 spaces and the proposed use would require only 32 spaces. A reduction of 133 spaces. There are 60 spaces proposed on the site plan. The entrance and exit from the site is to be via East Bay Road only. The rear road that leads to Wianno Avenue.would be.discontinued. All drainage will be contained on site in a leaching area close to East Bay Road: The proposal received Site Plan Review Approval. . The Board asked about the Bio-Clear Septic System with regard to nitrate levels. Mr. Ojala noted a standard Title V system for this site would produce 14 parts/per million. The Bio-Clear System would produce 8.6 parts/per million. The Board questioned the total acreage for this project Attorney Alger reported that the original site was 4.79 acres and this proposal is for the entire 4:79 acres, however, they will only be using the front part of the site. Mr'Alger stated that sometime in the future, there is a hope that the one acre could be conveyed out Mr:Alger stressed that this project is on the whole 4.8 acres. The entire parcel of land will be encompassed by the Special Permit Mr.'Crocker reviewed the density of other condominium units in Osterville, citing that the proposal averages 4.91 units per acre. The proposed two floor gambrel style dwelling will conform to the neighborhood. With regard to lot coverage, the proposal has a reduction of 0.14 acres or 18,000 square feet of surface coverage. ThaVarea will be returned to landscaping and/or open space. As to the tax base for the Town,the property's assessed value is $1,100,000. With nineteen units selling at the:lower level price of$550,000, there would be an evaluation of$10,450,000 total that would produce, $142,000 in real estate tax revenues for the Town. I f Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-21 -Crocker Special Permit-Section 4-4.4(2)-Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings special permit from the Board. The Board found that the proposal would also require a use variance from Section 2-3.6 of.the Zoning Ordinance, Principal Permitted Uses. An ANR showing the reconfiguration of three lots into two was endorsed by the Planning Board on December 15, 1997. The plan creates Lot-No. 2 of 1 acre fronting on Wanno Avenue and Lot No. 1 of 3.79 acres fronting on East Bay Road. The new Lot 1 is the proposed site for the 19 unit apartment complex being presented to the Board in Appeal No. 1998-21 and 22. The 1 acre lot(Lot No. 2) fronting on Wianno meets the present zoning requirements as a buildable lot. At this time the applicant is proposing to retain part of the existing structures and expand the building coverage area, apparently to avoid a variance situation. The structures have changed from townhouse units to 19 apartment units through the introduction of a common basement and shared stairwells to the basement level. Building No. 1 is the existing restaurant structure changing and expanding to 11 apartment units, Building No..2 is the existing lodge facility changing and expanding to 8 apartment units. A center structure is to contain 11 garages and a restored and altered tower structure is to contain 3 garages: y The proposal contain a total of 84,316 sq.ft. of building area - 5,416 sq.ft- is contained within the accessory buildings, Building No. 2 (south side) to contain 45,600 sq.ft. and Building No. 1 (north side) to contain 33,300 sq.ft. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on November 21, 1998. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened February 04, 1998 and continued to March 25, 1998, at which time the Board granted the request with conditions. An extension of time for filing of the decision was greed upon by the applicant and Board. A copy of which is in the file. Hearing Summary: . Board Members hearing and deciding this appeal were Gail Nightingale, Ron Jansson, Gene Burman, Elizabeth Nilsson and Chairman Emmett Glynn. Attorney John Alger represented James Crocker, who was present along'with Attorney Bemard Kilroy; Ame Ojala of Down Cape Engineering; and John Keenan and Antonia Kenny of Keenan and Kenny Architects, Ltd. Attorney Alger requested and the Board agreed to have Appeals Number 21 and 22 heard together. Attorney Alger reported the applicant is seeking two Special Permits, one to alter and expand the existing restaurant and hotel buildings, and the other to change the use from hotel and restaurant to nineteen apartment units. Mr. Alger had previously submitted a memorandum to the file in support of these appeals. Included in the , memorandum is a deed from Nelson Bearse'to Charles Brown dated 191T, and a deed from Forrest Howard dated 1924. Both deeds*talk"of the Inn. The East Bay Lodge has existed for many years and predates.zoning in the area. The Inn has a-Common Vctualer's License that allows a 381 seat restaurant and alcoholic beverages to be served from 8:00 AM to 1:00 AM, seven days a week. There is also a Public Entertainment License that allows outdoor entertainment until 10:00 PM. The hoteUnn consists of eighteen rental units,.plus a function room.and kitchen. In the restaurant there are 2-three bedroom apartments, 1-two bedroom apartment,.and seven offices._.There is a tower that consists of a full bathroom and office. The maintenance garage has facilities formerly used for catering. Attorney Alger reviewed the relief the applicant is seeking -two Special Permits.- One.Special Permit is pursuant to Section 44.5(1) to change a nonconforming use to another nonconforming use. This section Provides that a.pre-existing nonconforming use may be changed to another nonconforming use only by ATRUECOPY ATTEST - EXHIBIT A Town Clerk row` BARNSTABLE Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1998-21 - Crocker Special Permit -Section 4-4.4(2) -Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings Summary Granted with Conditions Applicant: James H. Crocker,Jr.,Trustee East Bay/Osterville Trust L Property Address: 185 8 199 East Bay Road,308&318 Wianno Avenue, Osterville Assess oils.Map/Parcel Map 140, Parcels 157,217 and 218 Area' 4.8 acres Building Area: 78,900 sq.ft. Zoning: RC Residential C Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property upon which the present East Bay Lodge resides consists of 3 lots with a total area of 4.8 acres located at 199 East Bay Road in the Village of Osterville. The property is improved with four buildings, to include a 16,851.sq. ft restaurant, a 9,616 sq. ft. hotel/motel, a 1,600 sq. ft.tower, and a 6;452 sq. ft. maintenance garage, as well as two tennis courts and associated parking and grounds. It is located within an RC Residential C Zoning District which only permits single-family dwellings as-of-right. The applicant is proposing to alter and expand the two principal structures (the restaurant and hotel) to house 19 luxury residential apartment units, each unit approximately 4,100 sq. ft. Each unit is proposed to have 3 bedrooms and 3 bathrooms and apparently will range in price from$550-600,000. The applicant also proposes to demolish the two existing accessory structures and construct two accessory garage buildings. From elevations presented, it appears that the existing tower structure would be altered to house three garages and the tower itself would remain. The other accessory building would house 11 garages. The total number of structures would remain the same. The original lodge was built in 1-840, according to the assessor's records. This building was later added onto in 1912 and again in about 1920: The office/tower structure was built in 1920, the 18 unit hoteumotel in 1975, and the garage in 1980, according to the assessor's records. The two principal buildings on this site are nonconforming because of their current uses as a restaurant and hotel. Also, the restaurant and tower, located along the southern lot line, are nonconforming structures in terms of the minimum side yard setback of 10 feet and the maximum height limitation of 30 feet or 2 1/2 stories. The applicant is.requesting two Special Permits: • 'the alteration and expansion of pre-existing nonconforming Appeal No. 1998-21 -Section 4-4.4(2)for structures not used as single or two-family dwellings. • Appeal No. 1998-2-2-Section 4. 4.5(1)for a change.of a nonconforming use to another nonconforming use. Recent History: The Board may recall Appeal No. 1997-54, an earlier proposal to raze all of the existing buildings on the property in order to construct 22 townhouse-style condominium units. In that appeal,the.Board overruled a decision by:the Building Commissioner that the property owner's proposal to raze the existing structures on the site, and to construct 13 new buildings for 22 townhouse-style condominiums, only required a 03/03/2008 12:34 5064203162 SARAH F. ALGER, P.C. PAGE 02/25 0 0 V",J L E 1 1, I:. L L Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2004-145 Jarnes H.Crocker Jr.,T.ru-stee,East Bay/Osterville Trust and East Day/Osterv--dle LLC &The Cove at Enst',BaY Condominiums Variance- Sections 4-4.5 (1) (.U) Provision 6 &4-4.4(2) (B) Relief Seeks to Create a One-acre Buildable Lot Summary- Granted with Conditions jELmcs 1-1.Crocker Jr.,Trustee,East BaylOsterville Trust and East BaylOstorville LLC Fet(tioner;Property Addresst 312 Wianro Avenue.Ostervillc,MA&199 Past Bay Road,osterville.NIA Assessor's Map/,Parcel: Map 140,Parcel 157-001 &Map 140,Parcels 157-OOA through J 57-OOIF Zoning: Residence C Zoning District Relief Requested &Background; The subject focus is a two-lot site totaling 4.79 acres regulated by Special Permits 1998-2.1 and 1998-22 issued to James H. Crocker Jr.,Trustee,East Bay/Osterville Trust to allow for the change of a non- con-forming use to another a.Dd for the expansion of the non-conforming use. The permits were issued to allow the change in use and expansion of the non.-conformity with thc.redevelopment from East Bay Lodge to sixteen(16)multi-family townhouses. At that time the locus had been divided into two lots by a plan entitled"Subdivision Plan of Land in Osterville (Barnstable), MA. for East Bay Ostcrville Trust"dated December 1.1, 1997 and signed by the Planning Board on.December 15, 1997. That plan created Lot#1 of 3.79 acres and Lot 02 a 1.00-acre lot. All of the 16 multi-family units were constructed on the 3.79-acre lot and the 1-acre lot was left vacant. The Board conditioned the one-acre lot with Condition No. 7 in the permits. That condition reads"Thvi7c sliall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acrc parcel of land-it shall be left vacant.!' The applicants made three applications before the Board seeking to: 1. Remove the one-acre lot from the locus of the non-conforming use subject to the 1989 Special Permits by Appeal 2004-145 for a Variance to Sections 4-4.5 (1) (B)Provision 6 &4-4.4(2) (13): 2. Modify the 1998 Special Permits to remove Condition No. 7 and adjust the area upon which the non-conforming permits are applicable to that of the 3.79-acre lot only. Appeal 2004-146.. Modification of Special Permit Numbers 1998-21 and 1998-22 seeks that relief; and 3. And a Variance to secure theK n Overby one-acre lot as a buildable lot within the Resource Protectio District that Wwrequires all new lots to have a minimum lot area of two-acres. Appeal 2004-147 seeks that Variance to Sections 3-1.3(5)Bulk Regulations,Minimum Lot Area & 3-5.3 Resource Protection Overlay District. 03/03/2008 12:34 5084203162 SARAH F. ALGER. P.C. Pr'u;F 01/1215 This decision is that of Appeal 2004-145 for a Variance to Sections 4-4.5 (1)(B)Provision 6 and 4-4.4(2) (B)_ This Variance would allow the one-acre lot to stand alone and separate from the non-conforming (Ise area. The non-conforming use would be reduced to the 3.79-acre lot. Section 4-4.5 applies to Special. Permit 1998-22-Change of a Nonconforming Use to Another Nonconforming Use and Section 4-4.4 applies to Special Permit 1998-21 issued for the alteration and expansion of the structures housing a non- conforming use -Nonconforming Building or Structure Not Used as Single or Two-family Uwcllings. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board.of Appeals on August 19,2004. An T�xten.sion of Time for holding the hearing and for the filing of the decision was executed between the applicant and Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 3,2004 and continued to January 5,2005, at which time the Board found to grant the appeal with conditions. Board.Members deciding this appeal were: Jeremy Gilmore, Gail Nightingale, James Hatfield,Randolph Childs and Chairman Daniel M. Creedon III. Attorney John R.Alger represented the applicant before the Board. Mr. Alger noted that the request of the applicant had been made previously to the Board,but those appeals had been withdrawn without prejudice. He cited the overall history of the development of the lot noting that the 16 townhouses were built,and sold. The vacant lot had become a nuisance in the neighborhood as it is overgrown and unkempt. Mr. Alger believes that the development of one single-family dwelling on the one-acre lot would be best for the entire neighborhood and town. He remarked that the lot was created so as to prevent cross traffic from East.Guy Road to Wianno Avenue. Mr. Alger noted that the two lots arc in separate ownership. The 3.79-acre lot is owned by East Bay/Osterville LLC,The Cove at East Bay Condorain.iums. He stated that all 16 unit owners have consented to the applications and a letter as well as signed consent forms submitted to the File, The ont;acre lot is owned by James H. Crocker Jr.,Trustee,East Bay/Osterville Trust. It would be a hardship if the Variances were not given as the two lots are in separate ownership and are not being used together. Mr. Alger summarized the proposal noting that the main issue is seeking to remove Condition Number 7 of the previous Special Permits to allow the one acre lot to be buildable. The Board and Mr. Alger discussed the various bulk conditions,limiting the location and size of the structure, and requirements for a.land5capcd buffer.. The Board discussed the various forms of relief requested and.which ones were warranted. i:t was determined that the applicant would need all three forms of rcli.ef to implement the desired outcome. Public Comment was requested and no one spoke for or against. Chairman Creedon noted two letters in favor of the grant of the appeals were received. One was from Joseph F. Abely,Jr.,representing,the condominium owners of the Cove at East Bay citing that each of the unit owners did consent to the applications and favored the development of the lot for one single-family dwelling. The second letter:of support was from Jonathan Stott,209 East Bay Road. Osterville,MA. A third letter from Dr. Richard S. O'Hara,296 Wianno Avenue. Osterville MA,requested additional information with respect to the applications. 2 03/03/2008 12:34 50B4203162 SARAH F. ALGEP„ P.C. PAGE 0,1/25 Findings Of FAct: At the hearing of January 05, 2005,the Board made the following findings of fact: I 1. Appeal 2004-145 is that of .Tames H. Crocker Jr.,Trustee,East Bay/Ostcrville Trust and East Bay/Osterville LLC and The Cove at East Bay Condominiums seeking a Variance to Section 4-4..'i (1)(B)Provision 6 and 4-4.5(2)(B) to allow a one-acre lot to stand separate from a 3.79-acre lot. Section 4-4.5 applies to Special Permit 1998-22 - Change of a Nonconforming Use to Another Nonconforming Use and Section 4-4.4 applies to Special Permit 1998-21 issued for the alteration► and expansion of the structures housing a non-conforming use-Nonconforming Building or Structure 11sTot Used as Single or Two-Family Dwellings. Those sections require that a Special Permit for the change and expansion of a nonconforming use must be on the same lot as the non- conforming use was on as of the day it became non-conforming. 2. The one-acre lot is located as shown on Assessor's Map 140, Parcel 157-001, addressed 312 Wianno Avenue, Osterville.MA. The 3.79-acre lot is located as shown on Assessor's Map 140,Parcel 157- OOA through 157-0OP, addressed 1.99 East Bay Road, Osterville,MA. Both are located in a. Residence C Zoning District. 3. Special Pernvts 1998 21 and 22 were,issued to James H. Crocker Jr.,Trustee,East Bay/Osterville Trust to allow for the change of a non-conforming use—the East Bay Lodge to 16 multi-family residential units. The permits also provided for the alteration and expansion of the structures. The development has been completed as per approved plans and in conformance with the p:units issued. 4. At the time of the granting of the 1998 Special.Permits for the expansion and change of use,an Approval Not Required(ANR) plan was submitted showing the reconfiguration of the nonconforming site. That plan was entitled"Subdivision Plan of Land in Osterville(Barnstable). MA. for East Bay Osterville Trust"dated December 11, 1997 and signed by the Planning Board on December 15, 1997. The plan created two lots,Lot 41 being 3.79 acres,Lot#2 being 1.00 acres. 5. The configuration of the development and topographic changes between the two lots is not conducive to the two being used together and the one acre lot is vacant and unkempt. The two lot, have frontage on two different roads. The multi-faunily units are all accessed from East Bay road and the vacant lot fronts on and is accessed from Wianno Avenue. The two lots are in fact held in separate ownership. These conditions are unique to the locus and are not shared by other lots in flee neighborhood nor in the zoning district. -acre lotto stand alone would not constitute a. 6. In.granting of the Special Permits to allow the one substantial detriment to the public good and would,not nullify or substantially derogate from the intent or purpose of that provision of the Zoning Ordinance requiring non-conforming uses to remain on the original lot area. To not grant the requested relief would represent a substantial hardship for the applicant as the two parcels are today in separate ownership. The vote was as.follows: AYE: Randolph Childs, Gail Nightingale,James Hatfield, and Daniel M. Creedon M. NAY: Jeremy Gilmore 3 03/03/2008 12:34 5084203162 SARAH F. ALGEP,. P.C. PAG1= O!i/"!i Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 1. The one-acre lot shall remain as created by t'be Approval,Not Required(ANR)plan signed by die Planning Board on December 15. 1997. That plan is entitled"Subdivision Plan of Land in Ostervillc(Barnstable),MA. for East Bay Osterville Trust"dated December 11, 1997. Tl►e plan created two lots,Lot#1 being 3.79 acres and the subiect,Lot#2 being 1.00 acres. 2. This Variance shall only be used in combination with potential relief that may be granted under Appeals 2004-146 and 2004-147. All conditions.imposed in Appeal 2004-146 that will modify existing Special Permits 1993-21 and 22 must be executed before this Variance can take effect. The issuance of this Variance is also subject to all conditions of Appeal 2004-147. The vote was as follows: AYE: Randolph Childs, Gail Nightingale, James Hatfield, and Daniel M. Creedon M. NAY- Jeremy Gilmore i Ordered: Variance 2004-145 is gi-anted with conditions. This decision must be recorded at the Registry of Deeds for. it to be in effect. Tbc.relief,authorised by this decision must.be exercised in one year. Appeals of this decision,if any, sball be made pursuant to MGL Chapter 40A,Section 17,within twenty (20) days after the date of the filingoftbis decision, a copy of which must be filed in the office of the Town Clerk. v Daniel M. Creedon M_ Chairman Date Signed J.,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,bereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal. of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutehenrider,Town.Clerk 4 I 03/03/2008 12:34 5084203162 SARAH F. ALGER. P.C. Proof of Publication P , re�.b� eisM� �iglE zbnuruc::f�odt16 oF, aPt.s..., 'NIID'I<I��o�'I��reu�:�En'�tin+c �s�i<i��-c►s� c zO(tioim :;o , a>Dr�i, ww,,c yy t To oll p�rsCna iherpsted Ih Gr Af fer lr'd ISM#lie�onln�5onrd o?A>ip al underSectro`n 11• .' Of Gh [ar'tGti of the.Gv:neral L�;v g of ithp Commonwea)th f �'n's;3chUsetts;and all �mnnoMent4 ttterato you are herebyndhlfrcl�ihEiN7. .-::•,7`'V$ P�Ith �� CMoeker/E6st$ay rGoftdbw'niH7dh�s. '- :a Ja�o Crbdk2PUr;7rugtpp fi91 Bay,i sc�,vtllPriJet arxy,E3yt e A O�terv;IleCLti;e Tha,Gcti �ttCast s�d��CdhdomlhNrhrl�h nPPlIg f6F'A vFdf�cp to.52tttpn d�I 5lt 1 tB3 PY6 Stan 6 and d-a 5(2)'t>�)tO allow a grip"Plp IOS Lo'§tend co'pa glrllroro n 3 70 acre fot Tito 4wo lots tdge(hor coinprl�c ell c,f a nort't onForrnthg uaR p2h:iltted;h''y�p�b1al P( .- Numbe:s t99t3 24 bttd i 99�7�, Tti'e onl��aC► lol tg IoCbtQd��Fhirodn o orS Assesaats:Map add?essed 317.Wlannbrf(�rnue,Ostprv,Ue.►JIw 3?9•acre Ibt tr.. . locatw'ci a� �l,own on✓� sensor s Mapp IQb fyercel.i 57 t10A f!il'Ct,�li''157=t)dt�.'gac{r 19t3�a�t#3ay Fioali O ifervltld h�c1;BOth'VI 106�tr dlh a Rrrsldenee C. or4i�g•(3!stHct' 1�u45, P M '� ' Grt3ckerl�eet Bo '�bndorriiieiumss . .� A Jamas�Ni Cro ker tr Tru;toe boat BaYOytervlll�<Ttti t t;nd:Eii:4$sjcyOsteivi(d,L' the t`wo at;Eeat 6�y Cgttdommiirms' h ;.`�ypp;leFJ:Ferro ModlFlc7l;ari bF S alal lie N er umtfs t9Q8:2'1and-I" 998 2`2 td rhod, the Ermits(.apply ohly t6.tIle_79 greaol and- ' amendcbnd(tloh2.toallow.con;fmctlon�af :gih0)6-family&vel!9 oneone-etre}ot.%�lieoYi@,` .acre 1ot,a located es shown on Assesor o.Ntai 1. Vvlanno Adn � t;e,natervllt ,'Mta: h The ,9 raCi to s lbtjted as showy on'? ar r3 t�ll��! `: t40 F'Arael 157.O1)�11roU h 157OOF'ac�drre"ed 1g9;E 6ayRoad t�sterville.'NiA+ $iith '. ', dots ere>n a Resrdantt?C Zbning Dl h4t•trtct 7 48tl�M r ! Cmcker� James`M. CroclieF fir'tnSytep as f3b�%/C�atkr•tlle,Tn'lrrt hsk`''' ll a of vbo nc>Ito '. neklail t But kRegtotarlons MIm U�i'Lot-AreAarid ryctlo 3p'S 3 RC�OUR g:P„PotCo- ' •41oNn Overt y D,stdet tv p2rmit a one-'Ad (�ivts5'.be!bLlld ble'itr,de lonlrtg,••7Kr},g�b]hct`;.. P p rtaJ;'ia located a� �hovsh on;A�aeasory`�lap:,y,g ue O ;Wtarirtd Aven6tgryrll. tu9q,:;n A Realdertr e'G coPing bi^,triC�4fflBCc0.i,C '�cdlflicptYtfn AegNe�h.�, , � -, .. �fVE3��LLC has re�uosif•da modfHcpt+an or Gom p rC�ho+►p►•s�henr�iv��orrriik 20ii3��50 P ns4Permlt2063•t.50fnuh dforthb;'. , de��lophlerrttyf Tti'eUllla9ea[Morstons mills,�ry7'heappllCarrti 'Spelfnig�.'mbd!{IcStCrjp} di , CnndlFloha Ntfrttbt r 17,`,(8 2�and0'Fhnt r��{dll�efh�rdsble hov;ing n?stncUbris tv:3bwly� (�rpi lo'tuie Elie aPpflWrit 9deko to hevb tfiat;h�c v MrimbhC 6,the, &-4protiens vp"pa rr,lf , ?emovi,e,!Thepropartyl p6:�iaorepercplae.eli'olan�dnAssc'sso"r's1J�9p.1�^L�03p0rCOIO(7BI :act ess d of 0sterolllp-VVeyt 13arristable Road Iv1ar!itoris.Mllle MA in A lies}d�,cp 1 7hC3p Pabhc 9•Idarings WIII be hold at tlie'Bf�rrstobla Town Watl,'3f37 Main Street >nydnn s, fUTA Htaargng Roorn.7nd Floor;Wednasday;:No tuber r20Oa;{plans anda�plir:otionstt3�y be re Icwed at the,plortnlnb Dwla+on;G'onlhg Boon9 o`Appt als Office,.Town:Officeer 200;; „ `" Mefn Slrtiet Myennis.K A„` Wnk;l M.'Cieedon Ill,Chb!mrnn . .. Zdh+ng hoard of Alippal -- a llr EGmstable Patriot;';, ^8.j;a'OCtOberaS,2hd OCtolier 72,20O4 : CD Parcels within 300' of Map 140 Parcel 157 CND This list by itse.If does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requester of thisCD list is responsible far ensuring the correct notifieatioo of abutters. Owner and address data Liken from the Town of Barnstable Assessors ats ase N m on I0/11M04 m Mappar Gtivnerl ow-ner2 Address 1 Address 2 City State Zip Country rb 321 WIANNO OS TERYII L£ h1A 03655 N 1a0124901 TORBEY,FRANCIS J&CAROLS AVE W MAROARET F TRS& LDHOWSE,KATHARINB L-1R Ir35 ST W,iF� O BEACH FL 29G7-7336 USA p 14012490� SCHULTZ, l 3 TAYLOR LN �I EXINGTON tr1 02420 N 140125 RAN,STEP EHN W& ` m MARGARET F m 295 W1ANNO OSTERV11,LE jMA 026i5 iv 140126 CAM,RICHARD&ANDREA MARIE l m VE W 23)vfETCALF ST WORCESTER fA 01609 USA m 140150001 MCDANMI�JOHN C&GWEN C ry 140150002 IHONIAS,CLAUDE G&tvG1RY A Q BOY t011 OSTERVD..LE fA 02655 SA T RAN 278 1VIANPIO OSTERVILLE 02655 140150003 ABER,ADNAN I& cVtOSI111KE. A ]40151 HALL,JOHN C li&E T&SNYDJZP, WJANNO AVEENUE REALTY TRUST LONG POT fD RD PLYhtOUTH �!A 02360 ae+ S TRS IOSTtYII.LE IA 02655 O BOX 1102 la0152 BAGL.EY,DAVID C ET AL MIA 02655 USA I> OSTLRVILLE D CEO ST017,JONKFHAN 09 E.BAY RD A 1a0155001 Pt\RTRfI}CE RD ASSOC LP T- 65 0.STON fA 02116 USA 7 1,10155002 CRAMB.CHARLFS W&PRANCES COMMONWEAL _ TH AVE D 24 PEACOCK LMaNGTON MA 02173 USA m 140155003 HAUSER,JOIN, R&h4ARIJA G ARM RD _ OSTERViLLE lMA I02655 1401570t)l ICROCKER,Jr1MES H JRTR EAST BAYIOSTERViLLE TRUST P O BOX 496 I k L fa015700A MCENROE MAURINE PTR THE 199 E BAY RD UNIT L RLTY 1 D-UNIEAST BAY IOSTER'i LE MA 02655 T'[tUST RD- �I _ 300 BOYLSTOPi OSTON A �u2116 14015700B DORGAN,JOSEPH A&MARY S TR-; ST-A?T 519 r O BOX 342 — 0STERVILI-E MA M-.655 1 lQ — — I—— i510GC GR.�NT,CAR01.t� l - _ .----- —15? —!3 �45AtAPJ IDOVER :tA 03030 - TJS�1 1a�7u CD (DODG Y F 1i Ailt{ — ---�ERC,QICRD — L z.3 dlappar Ownerl owner? Address 1 Address 2 City State Zip Country �os1-r:Rvn.I.E Er1 '02655 sA 199 EAST BAY (jj [4015700E M RCUS,[ES CD L1E S&JANICE R RD_UNIT 3 CD m ------------ 'OSTERVILLE NUL 02635 USA 199 EAST BAY w fO�l5700�MPLF� ID B&JOYCE R RD 96 m VERO$��P,C1[ FL 32963 �USA m C[S C&VIRGTMA 12l StII`1GARGE co 14015700fl SIvIITHERS.FR POINT J02655 199 EAST BAY OSTi RVll-LE M rev 14015700H ABELY,JOSEPHFJR ItD�B 0 14015700[ CAMERON,BARBARA H TR ---?ARBARA H C VdRRO'J REV TRUST l99 EAST BAY I �TERNILLE IA 02655 RD-UNIT 9 i 15 FERNHRQOK CANTON` m 14015700J LENNON. M F&JAN �VII L IAE CIR 0D A VEROBEACH FL 32963 USA N 4800 N AJA m 14015700K SCULLY.BARBARA UN[T 414� w MA O1462 CT) 420 SUNNY LUNE`IJ3URG N 1.10157001, tONTUORI.JANET E IM-L RD �NHLIS FARGO 11 HOME ES MO1NES 50328-0001 SA O 14015700M ROWN,prILIJAM L&!-aEN P i`INIPIE%B NINEGER,ROB lALD! X2502-011 �CANTUS 1 M 02067 USA 14015700N OCN,PAULA A&RICHARDN JO LILAC TTSHARON 140157000 T.lCCARTEiY.,Ltr1UR10E&PATRICIA 71 N4YOPIA RD \YIN 4ESTER p7N01a90 SA l45 PINF�IWN �NEJVI.LE 7rff=— 1g015700P C1{RIS TIE,W1l-LIAM J& CI R13TIE,MARY&NN ht Rp 4340 SOco ,mA 62655 USA D 149 EAST BAY OSTERVILLE � ONES,BRWI B&MANE 0 x 140159 �UZ[O,FRANK D`� RD _ P O BOX l09 OSTERVILLJ's to 02635 USA -9 -:::140165 G[gSON,M- WARD L&RTTA h4 D BEAM 2463 USA r 141 vvfAPm4ER ERO HEA m 140166 KELLY,JANIES P&JEAN N EACH LN JTI 140167 ACCONE,MARK G 96SACCONE,MARK G&LEE ADE 26 1N ECEYFS SHREWSBURY NIA 01345 USA RS OUSE RD 140168 1NDREASON.CHRISTOPI-IER ANDREASON,BAI BARA 1841;BAY RD OS"TERVIII.E L:k 02655 SA i r- 40 ROPAGLA RD j S-ORCESl'ER , l `01603 jUSA 140169001 PLOURDE,ROGER P JR J TI-14 OAK ST 1'1lSTOTJ �1A 02193 USA 140169002 BO'(LE,TI towS F&ELCLAJIE TH I E — _ — C}STERYTLLG ALA 02655 USA — 11 tO Jb900J DEN,FF.jNlMC A I E 2 6 EAST BAY :> — II Mappar pwnerl Urvoer2 Address 1 Address 2 City Stale Zip Country CDnlA r-14,6 -USA90 SAXTER RD BROOKLNEw CD 140F69004 KA:IGISS£R.RA�L o� -nIP O BOX 187 OSTERVILLE NIA 102651 7 CD 1aQ17s ccusxElz.MrtRY&wANNOP,I 1�Nt �T� v m w TR5 SREVISTER 10509 W 50 FEDERAL 140F76 1RFQN,SlJSr11f&STEPHENS,Y IILL ,U m Cm 3#994 USA ^? 140205 OHARA,h1ARY ELLEN %GHARA,MARY EL.L•EN&RICHARD 1417 w S LANCEIVOOD p TERR — D��S 'X 75847 USA 14020b DUHAMEI ALEX P C!O FIRST A,,MMCAN TAX SERVICE &43T�h10iVS Ln CD FREEWAY W CJO TRUEH.AND.INC 4 YORK 04TERVILLE ;,FA -02655 USA CD N 140207 CARROLL,POTTER 1[ES51.ER JR RRACE w TRODDEN 1 L�JGTON to 02173 USA 140208 hICCAFI-ERTY,IU'sVIN hi ATH N 38 YORKTERR OSfERVF1.1.1 4P+ 02655T 7:1 140209 VANAGH.ROBERT I TR 167 EAST SAY --TERVILLE NIA 102655 USA 14Q210001 USTDKO,STEP HEN w'R PPu4fEI A RD 140210002 KESfEN,L EAH R TR LEAH R KESTEN TRUST OF 9-8- 99 173 EAST BAY USA � RVO�.F prtA 02655 0 VINE 1fE 364 W1A3`IN i05TERYTLI E MA }02655 163005 COPELAND,O M TR JO U T COPEL1i`fD QUAL PER CO ELAND IQUALPER D TRUST 1> D OSTERVILLE NIA 02655 USA = PO BOX231 �l 16J006 A.DOhIONIS,ALDONA E 367 MAN HYANNIS MA 0260k SA D 163007 BARPfSTABL.E.TOWN OF(LDG) STREET m n �7 �l T� 03/03/2006 12:34 5084203162 SARAH F. ALGEP„ P.C. PAGE 1.0 2'; IJ t,,,i L U t DAAX j! Town of Battistable Zoning Board of Appeals Decision and Notice Appeal 2004.146 Jamcs H. Crocker Jr.,Trustec,East Bay/Ostetville Trust and East Bay/Ostelvilic LLC &The Cove at East Bav Condorru*nitwls Modification of Special Permit Number's 1998-21 and 3.998-22 Relief Seeks to Create a One-acre Buildable Lot surnmary: Granted with Conditions Petitioner: .fames H.Crocker Jr.,Trustee,East BaytOstcrville Trust and East Day/Ostcrvillc LLC Property Address- 312 Wianno Avenue.ostcrville,MA& 199 East Bay Road,Osterville,MA Assessor's rvlaP/Parcel: Map 140.Parcel 157-001 &Map 140.Parcels 157-OOA tluough 157-OOP Zoning: Residence C Zoning District Relief Requested &Background, The subject locus is a two-lot site totaling 4.79 acres regulated by Special Permits 1998-21 and 1998-22 to James H. Clocker Jr.,Trustee,East Bay/Ostervil,te Trust to allow for the change of a non-confoiniing use to z in LiSe expansion of the non-conforming use. The permits were issued to allow the change another and for the and expansion of the non-confoilnity with thew-development from East Bay,Lodge to sixteen(16) multi.-Faluilv townhouses. At that time the locus had been divided into two lots by a plan entitled"Subdivision Plan of Land in OsteTvi.1 1C. (Barnstable),MA,for East Bay osterville Trust"dated December 11, 1997 and signed by the Planning Board on December 15, 1997. That plan created Lot#1 of 3.79 acres and Lot#2 a 1.00-acre lot. All of the 1.6 mulli- fainily units were constructed on the 3.79-acre lot and the 1-acne lot was left vacant. The Board conditioned 01c, one-acre lot with Condition No. 7 in the permits. That condition reads"There shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land -it shall be left vacant." The applicants made three applications before the Board seeking to: 1. Remove the one-acre lot from the locus of the non-conforming use subject to the 1989 Special. by Appeal 2004-145 for a Variance to Sections 4-4.5 (1) (B) Provision 6 &4-4.4(2)(13), 2. Modify the 1998 Special Permits to remove Condition No. 7 and adjust the area upon which the FlOn- confolmiing permits are applicable to that of the 3.79-acre lot only. Appeal 2004-146,N10diricatiou of Special Permit Numbers 1998-21 and 1998-22 seeks that relief-, and 3. And a variance to secure the one-acre lot as a buildable lot within the Resource Protection Over l,Y District that now requires all uew lots to have a rainimum lot area of two-acres. Appeal 2004-147 sucks that Variance to Sections 3-1.3(5)Bulk Regulati.ons,Minimum Lot Area&3-5.3 Resource Protection. Overlay District. 03/03/2008 12:34 5084203162 SARAH F. ALGEP„ P.C. PAIL' tl I This decision is that of Appeal 2004-1.46 seeking a Modification.of Special.Permit Numbers 1998-21 and 1998- 22 to modify the permits to apply only to the 3.79-acre lot and amend condition 7 to allow construction of a single-family dwelling on a one-acre lot, Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 19, 2004. An Extension of Time for holding the hearing and for the filing of the decision was execute(.[ between the applicant and Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sen..t to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 3,2004 and continued to January 5,2005, at which time the Board found to grant the appeal with conditions. Board Members deciding this appeal were. Jeremy Gilmore, Gail Nightingale,James Hatfield, Randolph Childs and Chairman Daniel M. Creedon IR. Attorney John.R. Alger represented the applicant before the Board. Mr. Alger noted that the request of tl le applicant had been made previously to the Board,but those appeals had been withdrawn without prejudice. Re cited the overall history of the development of the lot notirig that the 16 townhouses were built and sold. The vacant lot had become a nuisance in the neighborhood as it is overgrown and unkempt. Mr. Alger believes th►t the development of one single-fanoi_ly dwelling on the one-acre lot would be best for the entire neighburhood and town. He noted the lot was created to prevent cross traffic from East Bay Road to Wianno Avenue. Mr. Alger noted that the two lots arc in separate ownership. The 3.79-acre lot is owned by East Bay/Osterville LLC,The Cove at East Bay Condonuniums. He stated that all 16 unit owners have consented to the applications and a letter as well as signed consent forms submitted to the file. The one acre lot is owned by James H. Crocker Jr.,Trustee,East Bay/Osterville Trust. It would be a hardship is the variances were riot given as the two lots are in separate ownership and are not being used together. Mr. Alger summarized the proposal noting that the main issue is seeking to remove Condition Number 7 of OW, previous Special Permits to allow the one acre lot to be buildable. The Board and Mr. Alm r discussed the various bulk conditions; limiting the location and size of the structure, and requirements for a landscaped buffer. The Board discussed the various forms of relief requested and. which ones were warranted. It was determined that the applicant would need all three'forms of relief to implement the desired outcome. Public Comment was requested and no one spoke for or against. Chairman Creedou noted two letters in favor of the grant of the appeals were received. One was from Joseph F.Abely,Jr., representing the condominium owners of the Cove at East Bay citing that each of the unit owners dial consent to the applications and favored the development of the lot for orie single-family dwelling. The second letter of support was from Jonathan Stott, 209 East Bay Road,Osterville,MA. A third letter from Dr. Richard S. O'Hara, 296 Wlanno Averatc, Osterville MA,requested additional information with respect to the applications. Findings of i+act: At the hearing of January 05,2005,the Board made the following findings of fact: 1. Appeal 2004-146 is that of James H. Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC,the applicants, seeking a Modification of Special Permit Numbers 1998-21 and 1998-22 issued by the Zoning Board of Appeals on April 6, 1998 to modify the permits to apply only to the 3.79-acre lot and also amend condition 7 to allow for construction of a single-family dwelling on a one-acre lot.The one-acre lot. is addressed as 312 Wianno Avenue, Osterville,MA and is shown on Assessor's Map 1.40, as Parcel 1.57- 001. The 3.79-acre lot,is addressed as 199 East Bay Road,Osterville,MA and is shown on Assessor's Ky z 03/03/2008 12:34 5084203162 SARAH F. ALGER. P.C. PAGE I.2/2!-) 140,as Parcels 157-OOA through 157-00P. Both are located in a Residence C Zoning District and a Resource Protection Overlay District. 2. Condition 7 of both Special Permits contains the following language regarding Lot 2: "There shag i be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land-it shall be left vacant." 3. The applicant has sought to modify those permits. The land area upon which the permits were issued is being reduced in size,and basic findings upon which the permit was issued arc being changed. These changes are not minor in that the intended results of the decisions are also being changed.. 1n essence, to make the requested modifications new permits are now being issued. In those 6 years,considerable changes have occurred in zoning and in the ordinances govetring the town. In response to nitrogen loading of groundwater and coastal embayment, the area has been overlaid with a Resource Protection Overlay Di.stiict•requiring two acres per dwelling unit. in response to the ever increasing needs for. affordable housing, Town Council has adopted Article LXIII(63) of the General Ordinances of the Town of Bat'mtable -the Inciusio.nary Affordable Housing Requirements. That Article requires that"at least tern percent of the residential units constructed shall be dedicated by deed restriction to Affordable Housing Units." Modifying those permits today opens the issue of conformity to today's requirements. 4. The applicant has had the fortune of benefiting from the Special Permits issued back in 1998 and the reduction in the assessed value on the one-acre lot. The grant of the variance and the modification of the permits will provide a substantial benefit to the applicant. Had the Special Permits been granted today.the applicant would have had to sell one of the 4,000 sq.ft. three bedroom units with its garage to qualified households with an income of not more than 65% of the median income and the unit must be priced so as I" be afoWable at 65% of the median income, including principal and interest, taxes and condominium fees. 5. Granting of the modifications requested would not represent a substantial detriment to the neighborhood affected. Nevertheless, granting the modification now,without certain public benefits that today would be required,would constitute a substantial detriment to the public good and would nullify and.substantially derogate from the intent and purpose of the Zoning Ordinance and the General Ordinances of the 1'own. However,with conditions agreeable to the applicant,those shortcomings can be sunrroutnted and the modifications with conditions could be granted that would not constitute a derogation of the intent and i purpose of Zoning. The vote was as follows: AYE: Randolph Childs, Gail Nightingale,James Hatfield, and Daniel M. Creedon M. NAY: Jeremy Gilmore Decisiou: Based on the findings of fact,a motion was duly made and seconded to grant,the appeal with the f011owip conditions: I. Special Permits 1998-21 and 22 are hereby.modified so that condition number 7 is deleted in both permits and it is recognized that the permits will from here forward apply only to the 3.97 acre lot that is prescrrthy developed with 16 multi-family units. All-findings and conditions affected by the reduction ill the lot area. and the variance granted in Appeal 2004-145 are also modified only to the degree that this modifacatior► card the variance apply. 3 03/03/200B 12:34 5084203162 SARAH F. ALGER. P.C. PAGE 1. 2. The applicant, James H. Crocker Jr.,Trustee,East Bay/Osterville Trust shall comply with the requirements of today's Article LXI ..(63) of the General.Ordinances of the Town of Barnstable-Inclusionaiy Affordable Housing Requirements. In meeting this requirement,the applicant shall provide one unit of housing to be committed as affordable in perpetuity,priced so as to be affordable to those households at the 70% median income level.for the area and nnarketed to those households at.the 80% or less income Icvcl. 3. The affordable unit can be new construction on a legally buildbale lot or rehabilitation of an existing structure or as an added unit in a Chapter 40B application by the applicant to the Board. The applicant, James H. Crocker Jr.,Trustee,East Bay/Osterville Trust shall.be required to fund and oversee the building or improvements to assure a quality three-bedroom home that will meet today's building, fire and health codes, The unit shall.be dedicated affordable in perpetuity. The dwelling shall not be less than 1,500 sq.ft., tluee-bedrooms, 1..5 bathrooms,on a lot of not less than 7,500 sq.ft., unless connected to town sewer. -Fhc lot must have satisfactory access as approved by the Building Commissioner and if served by an on-site septic system it shall be required to meet Title 5 without variance. That affordable dwelling must have an occupancy permit and committed III perpetuity to be affordable prior to any activity authorized in variance 2004-145 including the selling/transferring of the lot to another entity or the building upon iL 4. The affordable unit shall be committed to be affordable in perpetuity as prescribed in Article LXIII(63) of the General Ordinances of the Town of Barnstable. The Office of Economic and Community Dcvclopm1:rIt shall submit to the Zoning.Board files a letter documenting that the unit has been created and communed in perpetuity as affordable in compliance with the Article and as conditioned herein as to affordability. The applicant shall create and designated the affordable unit within two year of the grant of this modification. if not, this modification and Variances 2004-145 and 147 shall expire. The vote was as follows: AYE: Randolph Childs, Gail.Nightingale,James Hatfield, and Daniel M. Creedon M. NAY: Jeremy Gilmore Ordered: Appeal 2004-146 has modified Condition Number 7 of Special Permits 1993-21 and 22. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A, Section 17, within zt days afte• he date of the filing of this decision,a copy of which must be Filed in the office of t:h.c . , Daniel M. Creedon M, Cbairman, Date Sighed I,Linda.Hutcbenrider, 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 it,the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 4 i 03/03/2008 12:34 50B4203162 SARAH F. ALGER, P.C. Proof of Publication PAGE I '0WN 0F aAANP,,AAa- td4 �1WW�'rF`+ ,,,,tt �, ,r,,hti,-,;,,.,.,., •.,.,: NOT �31�;1�''l�>�Li�� t�fJ1=.AtPE'EilLas WOER THE ro 611 emonsa{nIPrF� 41 't11'•:r. P fPr1�rV mrclf(QCtCOb t�1 161�1}10BoardbT✓d pen(c:.undrv5ertuntt. of t✓hyptor AQA o!the Genernr Law of the C6mr vant~ealth Of tv{,33achucetl5.end all rrtxant{monte thoreto you are hereby nntlf ed Chats 71I$ P>+ff {;r (t G`ro Ices gt 130 Janie- yt�`ond�On+i,� H,lC�rk( 'Jr"�.•Tn t616.;EFtaj 8vyi05l� 1(e 1r y an"s "';Appeal 2Q.04.145 f7he.Cove ota,t f3 'YILeat Dri�YO�lel�tlle•Ltar rnd Prtivl +�n .and+}�W'S$2 )oa�ltxW o n irr�I tb stanii iA 'f;ttorrtion 6 7s acre lot. The.two lol�{bpt�Chtl�cbmpdw ©II Q1f a non dbmf6rmla use permlt1ed by G{itoiot re lot. Numbors,r999 2 t a 1d;f 99�8??. The orie;Amore lvi Is locMed.p.s shimn;on Amicaeor's Mnu I�10,Pare(157 Lbb1o�drtoc+ar>v'3171Ntirtndt4ventrP d iprvllle.tvA, rhe3.T9.1icre 101 loentred.a�arclJn on Ailslj§sor'�f.�A�� p�rCpl:1$7r�b�1't�rough,'15;�=pOp;'irJdr'� e•ct t g9 Eart a©y f�'oad Ob4vttle MA,„ y h' fr J jO5iderti:p'{�?bn'1ri 'btgtrlct. Cira�il �l ,tl gytyi,Canrlothin�liiiir . "�lppAnl:2064.146 Ja81eoF�,•CrohlterJr 1nJs�bct: as{ y1©olph+liraJ`�ut�aiT�rL3lsttzry/E� terv�llQtLl:Cnnr? ?bra Cove;at;SQrst,��g,Cgtlpidt�iY�fnturr{a b tve'tlppI10 Tor'°tijtWlodlFlcoifGn of,Speclnt'Pernal 'numbers;1.588 21�id..lg3�,22 to mL1di tl 9 ornendepnd tlon 7.4 11 �' 1 A§Rn{tL to'ctppjycri►y to{htn 3:79 etro lot,nri (. p vlwponstruCtl6n bit.41nQIE.��mJlydv, pin�ontjcme•apre�oL:T),ron,, Dora iot is.;Iocatad,xrAa {lows Ori AsaeIISp(i mvU .mb. Parrel 1;t37(001..a:'�}dre zed 31; Wianno Avrrn�{{� t�afervil'd�(ut 4 .1h 3 79 roc t' 1 tl;Parcel 157 00�1t}trrJ>i of is lncatadW t0"ll on AshiDsL- r a Mnp lots$re In 1s 1306)Qr+de L ''b do rdGgpa t P,9 E1ar t.flay Tiead,0-51rarl;i 11%OA. Bctl, (yrocker r, 17ub}t'er �e+tf, r "Apber112004-147 t Sebttr5n 3 1:3t$)Bulk ibit rlg(M'!ti{m�141 Lol Ar a 2n� e�onp3 6 T AsouroC Plo, to tlo�n'Overiay IJl3trlgl,to pr?alit 9pne•acre;lol,tti>;be.bu}c�pbie.adder,zoning.Tfio'subject P P Y: s:loCz t2d agsslho)Vn.on,-A'&a Sor$ Mbp 1.AD Ppe( 15).•001 nddm9sed 31 Wlenno Avenue,Qs�ervllle MA,,ii�a+l�es(19enc�C Zgc„n�"'strlt . er00 P.M. wfaGi.LLC- MtfdllioAtibn,gBgtiigg�., ompr LLC:.has requ 4►or�aiu�`Pe�ret►iY 2003-I50 W13G, Al�teti a {Itd;f;ballon MCca dPv6loNntPnt of.'1 Nt?`�Yallp a gt'v'atSlo�r Mtli6"n rf epbpP7fc'biit ittlseCkiryt}8 R1{ibtUb gtlon n! t Condlitb re.", h'(�sr1 y-1a g�Yh!�,3b,f(1�E.P grllre f4ordeb�t f+'ratfsiriFjrEptrtctioli}14o.:i.+rvwc Tt1f �lt39ure 7(ie eppgc�nt nicks io•(iil tfisttrculrtam�r,hef:Q;�'C� reiltit»+i~dr 7ht prop',1Fa e d Cietr~,pd!Tj�hrm rUftir on Asi}6atOt'a-tAC0 17e as paro 008t Zonlnp..biatrtct.: :aocessed:ciff.af 0ytorvl4Q-WgAt gamstoble,9oaa Margtoh; :mole,-MA in a Residence F Theo _ , . ' Public Hearinge. ty,ll'be-holli:nt tlSEt eprrsateb)Q.Townl�lall;36,7 Main Street,:Hyynnts, f,�4 Heer<ngPlvglr,2ndflbor Wednesday;Nt+v$bed26bC''PlanFencleppicetionsmoy Ue reviewed at 1h2.Flanning IDivtslt5n.Z0�lnA F3oord of Appeal,bTgca.Town Offices,2DD Melri•Stree{,yytinnls,hhq, Donlel'M.Cr"don ill-Chairmnn Zoning Bor,rd of Appeols ThWBA+nstable Patriots.: October 15 and October 22,2004 ) _ m w Parcels within 300' of Map 140 Parcel 157 CND W This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.blThe reguestnr o this N List is responsible for ensuring the correct notification Of abutters_ Owner end address dam taken from the Town of Barnstable Assessor's database CS) 10/1112004 � on State Zip Country Owne�L Address 1 Address 2 Crty Mappar Ownerl N 321 WIANNO osTERW�!E NIA ozbSs W 1441124001 TOKBEY,FRANCIS f&CAROLS VE o 14Q1240Q2 SCHULTZ,MARGARETF TRS& LDHOILJSE,KATHARINE LTR 4635 ST 1AtitFS VEROBEACH FL 32967.7336 U3A Ln 3 TAYLOR LN �1EXIN 11 NIA 02420 A 140125 RAN,STEPFM W 8c N ARGARET F 295 m WIANNO OSTERVII.LE NG1 026i5 w 140126 CAIN,RICMRD&ANDREA N1r\RIB AVE 0' N r23�tEI CAJ_F ST VORCESTER MA 01609 USA l4Q150001 fCDAIML,10HN C&OWM' C 140150002 OMAS,CL\UDE G Bt tv1ARY A POBOX IQIl OSTERVILLE IA 02655 USA TRS OSIERVEL F A �026i5 �t05HA G1NN KE,RANA 78\Y0 140150003 ABER,ADNAN I& VE PLYMOilrf-{ �1r\ �02360 140151 ALL,IOHN C li&E T&ST1111 'N �1N0 AVEENUE REALTY TRUST 121 W'POND RD S TRS j6iFERV1LLE to 02655 OBOX 11� 1> 1!:�I= AVID C ET AL 1; 14015500I ARTRIDGE RD ASSOC LP Cf0 STO'IT,JONATHAN 09 E�'-'Y OST`ERVII-LE P�[t\ 026�5 USA 165 BOSTON 02116 t15A 1401550Q2 CRAMS.CHARLES W&FRAPiCES D C06 tA40NPlEAL r 1 H AVE IM — 24 FE I,I LEXINGTON .1A 02173 USA 140155003 HAUSER,JOHN R&,41ARIJA E FARM RD � OMRVILLE i•A.\ 02655 n 140157001 CROCKER,IMAES H 1R TR An BAYfOSTERV ILLS T RUST P O BOX 496 — OSTERVILLE VSr\ Q2655 14015700A i�ICENROE,MAURjN-E P TR THE 199 E.BAY RD UNIT I RLTY 199 EAST$AY — RUST RD u N I I 1 — A 0211fi 300 BOYLSTON BOSTON 14015700E DORGAN,10SEPH A&MARY S TRS ST-APT 519 SOX942 ----]OS'CERVI:LLE —141a\ 02655 ---� 14015'OOC GgAIIT,CAROL.A fP O _ — --- —� IUSA 3 phL-��CX]Pt —� I 4 _-: I140157COD GOIX;C,FP N JK —— -- B:v;4K RL Mappar Ownerl OwneY2 Address 1 Address 2 City State Zip Country MA 02655 SA I4015700E MARCUS.LESL E S&JA ICE R 199 EAST BAY OSTERVILLE RD-UNIT 5 w w l99 E%ST BAY OSTERVILLE 1tA 026i5 SA N 1401570OF IPLE,DAVID 13&JOYCE R 96 m m 12l ST[NCiARPE �ER0 BEACH P1- �32961 SA co14015700E 5M1T1tERS,FRANCIS C&V1RG[NIA Oil OSTERVILLE 0265 N 194 EAST BAY w 140157001i ELY,IO.SEPR F IR 08 0 t40157001 CAMERON,BARBARA HTR BARBARAH CA�tnON REV TRUST RD9 EUMT9 '� OSTERVILLE �ZR55 cn I15 FERNBEZAOiC CANTON hfA 02021 CS)14015700J LENNON,'NILLFAM F&JANE ` � CTR a 800 N ALA VERO BEACH 32963 USA W 14013700K SCULLY.BARBARA 13VlY.U;1TT 414 430 SUNNY LUNB EBURG hfA 01462 ^� 14015700L NIONTUORL JA`�T E HILL AD V1EL.LS FARGO l 110�4fE ES JatOJNES IA 0328 0001 USA 14015700M BROIVN,4VLJ.LIA,�1 L&HELEN P 9�B R,RONALD J MAC X2502-01l CAivfPUS SI-JAAON )vfA 02067 USA 14015760N KOCK PAULA A&RICHARDN 10 LILAC ST 140157000 1CCARTHY,M,IURICE&P.�TRICIA 71 NfYOP1A RD WG4CHES'TER AA 01890 USA �fELVILLE Y 1 L747 USA 14015700P CHRISTIE,WlLLIANJ J& CI[[ZjST1E,MARYANI I,i 145 P[NET A4JN Ln RD�140 SO D OSTI RVI I.E MA 02655 A D D ES,BR1A,`1 B&6IARE G 149 EAST BAY r140LS9 %ZONUZIO,FRAIMD& RD _ _POBOX109OS'J'BRVlI LE MLA02655 SA '9 140165 GIBSO`1,HDWARD L&RTTA M D r NER VERO BF:ICH�EL 141 DIARI 32963 USA 140166 [(ELLY,JAMES P&JEAN M m EACH LN � 9'oSACCONI:,NItLRK G&LLE ANNE 6 gCEYES SHREIVSBURY MA O154i U&� 140167 SACCONT,MARK G S HOUSE RD n ff14=, ADREASO,,L,CMSTOPHER A�JDREASO3N,BARBARA 11i4 E BAY RD OSTERVILLE A •02655 A I69i661 ROGERFLOURDE. P J4 -S 1VORCSTER 01 ROMOLA RD [140 SA — 1110r1KST 'VESTCh`1 t.LA 02193 rA [1401fi9002 HOYLE 1T10NIM F&EL[7_ABETH _�_�_ C�"[ERV1LltC d,1A tYl6S5 USA RD, E 1ST PAY 110I69003 MADDEN,FRA,i�A JR J� 1_ Page 2 Jf 3 1 Mappar pwnerl ownerL Address 1 Address 2 City State Zip Country ' MA 02146 USA m BROOKLNE -- 90 BAXTER RD w 1 IO1G4004 KANGISSER,RACHEL m O BOY 187--F OSTERVMLE MA 02655 -`� w 170175 MCCUSKER,NIARY&WAN'NOP,J to W.Lt REALTY TRUST N CD CD W TRS IBREWSTER 10509 00 50 FEDERAL• 140=LARKIN, USAi I&STEPHE�1S,V HILL RD N PALNtCITY 34940 USA !? I44245 OHARA,btARY ELLEN -60HARA,MARY ELLEN&R[CIfARD 1413 w I LANCEWOOD o TERR DALAg ?5847 USA ffETUl—L!tALEX P CIO FIRST AMI RIC.1N TAX SERVICI STEMMONS `D CD VREEWAY 00 24 YORK IOSTERV J LE MA 02655 USA Iv 140207 CARROLI,poTrERI{E&%LER JR INC CIOTRUEHAND, w CE F711go, DDEN EXINGTON I�tA 02173 U$A N 140208 hiCCAFFERTY,KEVIN ht 38 YORK TERR OSTERVI LE NtA 026i5 140209 KAVANAGH,ROIIERT J TR _ l67 EAST BAY OS'TF1tVILI-E ��02655 USA 1402 too 1 SUSIDKO,STEPHEN P!&PAbtELA RD 140210002 S-TEN,LEAN R TR LEAN R KFSTEI 11RU57 OF 4-&49 l73 EAST BAY 057- ffERVILLE �Q2655 USA vrNNIE 641VIANNO OSTERVILLE rtA 02655 163005 COPELMD,ROBERT M TR -... -:�: — 1 REU[3T COPELATiD QUAL PER COPII.AND AVE w QUAI.PER I' TRUST X7 n OSTERVILLE MA 02655 USA = oeax231 163006 ADOMONIS,ALDONA E 67 iv1A0Y HYA�l1`I1S NtA �02641 Srl Iy 163007 BARI IST�IBLE,TOWN OF(1.DG) S[ItF T m m n m D .71 � c3 of] -i 03/03/2008 12:34 5084203162 SARAH F. ALGER, P.C. PAGE IP.,'/25 PA ADU L) 'K.qwn Of arnstable Zoning Board of Appeals Decision and Notice Appeal 2004-147 Jame s I-I. Crocker Jr.,Trustee,Fast Bay/Osterville Trust Variance -Sections 3-1.3(5)Bulk Regulations,Ntirtirrium Lot Area &3-5.3 Resource Protection Overlay District Relief Seeks to Crcatc a One-acre Buildable Lot summary: Granted with Conditions Petitioner- James H.Crocker Jr..Trustee,East BaylOsterville Trust Property Address: 312 Wianno Aycnu a,Osterville,MA Assessor's Njap(Parcel: Map 140,Parcel 157-001 Zoning: Residence C Zoning District Relief Requested& Background- The subject locus is a part of a two-lot site totaling 4.79 acres regulated by Special Permits 1998-2 I and 1998-22 issued to James H. Crocker Jr.,Trustee,East Bay/Osterville Trust that allowed for the changc of a non-conforming use to another and-for the expansion of the non-conforming use. The permits Were Issued to allow the change in use and expansion of the non-conformity with the redevelopment from East Bay Lodge to sixteen(16)Multi-fainily townhouses. At that tifn titled"Subdivision Plan of Land in c the locus had been divided two lots by a plan en Osterville(Barnstable),MA. for*Bast Bay Osterville Trust"dated December 1.1, 1997 and signed by the Planning Board on December 15,'1997. That plan created Lot#1 of 3.79 acms and Lot#2 a 1.00-acre lot. All of the 16 multi-family units were constructed on the 3.79-acre lot and the 1-acre lot was left vacant. The Board conditioned the one-acre lot with Condition.No. 7 in the permits. That condition reads"There shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of).and -it shall be left vacant." The applicants made three applications before the Board seeking to: 1. Remove the one-acre lot from thelocus of the non-conforming use subject to the 1989 Special Permits by Appeal 2004-145 for a Variance to Sections 4-4.5 (1) (B)Provision 6 &4-4.4(2) (133); adjust 2. Modify the 1989 Special Permits to remove Condition No. 7 and a just the area upon which the non-conformino,permits are applicable to that of the 3.79-acne lot only. Appeal 2004-146, b Modification of Special Permit Numbers 1998-21 and 1998-22 seeks that relief; and 3. A variance to secure the one-acre lot as a buildable lot within the Resource Protection Overlay District that now requires all new lots to have a minimum lot area of two-acres. Appeal 2004-147 seeks that Variance to Sections 3-1.3(5)Bulk Regulations, Minimum Lot Area&3-5.3 Resource Protection Overlay District. 03/03/2006 12:34 5084203162 SARAH F. ALGER, P.C. PAGE_ 1.9/25 This decision is that of Appeal 2004-147 seeking a Variance from.Bulk Regulations,Minimum Lot Area in the Resource Protection Overlay District to assure that the one-acre would be developable inhere two-acre lot minimum area,is required for all new.lots. )Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals o►► August 19,2004. An Extension of Time for holding the hearing and for the filing of the decision.was executed between the applicant and Board.Chairman. A public hearing before the Zoning Board of Appeals was duly advertised.and notice scut to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 3,2004 and continued to January 5,2005, at which time die Board found to grant the appeal with conditions. Board Members deciding this appeal were,Jeremy Gilmore,Gail Nightingale, James Hatfield,Randolph Childs and Chairman Daniel.M. Creedon M. Attorney John R. Alger represented the applicant before the Board. Mr. Alger noted that the request of the applicant had been made previously to the Board,but those appeals had been withdrawn without prejudice. He cited the overall history of the development of the lot noting that the 16 townhouses were built aad sold. The vacant lot bad become a nuisance in the neighborhood as it is overgrown and unkempt. Mr. Alger believes that the development of one single-family dwelling on the one-acre lot would be best-for the entire neighborhood and town. He noted the lot was created to prevent cross traffic fxom East Bay Road to Wianno Avenue. Mr. Alger noted that the two lots are in separate ownership. The 3.79-acre lot is owned by East Bay/Osterville LLC, The Cove at East Bay Condonuniums. He stated that all 16 unit owners have consented to the applications and a letter as well as signed consent forms submitted to the file. The one acre lot is owned by James H. Crocker Jr.,Trustee,East Bay/Ostervil_Ic Trust. It would be a hardship is the variances were not given as the two lots are in,separate ownership and are not being used together. Mr. Alger summarized the proposal noting that the main issue is seeking to remove Condition Number 7 of the previous Special.Permits to allow the one acre lot to be buildable. The Board and Mr. Alger discussed the various bulk conditions, limiting the location and size of the structure,and requirements for a landscaped buffer. The Board discussed the various forms of relief requested and which ones were warranted. It was determined that the applicant would need all three forms of relief to implement the desired outcome. Public Comment was requested and no one spoke for or against. Chairman Creedon noted two letters ill favor of the grant of the,appeals were received. One was from Joseph F. Abely, Jr.,representing the condominium owners of the Cove at East Bay citing that each of the unit owners did consent to the applications and favored the development of the lot for one single-family dwelling. The second letter of support was from Jonathan Stott, 209 East Bay Road, Osterville,MA. A tbird letter from Dr.Richard S. O'Hara, 296 Wianno Avenue, Osterville MA,requested additional,information with respect to the applications. Findings of Fact: At the hearing of January 05,2005, the Board made the following findings of fact: 1. Appeal 2004-147 is that of the applicant James kI. Crocker Jr.,Trustee;East Bay/Osterville Trust petitioning for a Variance to Section 3-1.3(5)Bulk Regulations, Minimum Lot Area and Section 3-5.3 2 03/03/2008 12:34 50B4203162 SARAH F. ALGEP,. P.C. PAGE_ :?012'; Resource Protection Overlay District to permit a one-acre lot to be buildable under zoning.The subject property is located as shown on Assessor's Map 140, Parcel 157-003. addressed as 312 Wianno Avenue, Osterville,MA,in a Residence C Zoning District. 2. Appeal 2004-145 granted a variance to permit the one-acre lot to be separated from the area upon which a non-conforming use had been located. Appeal.2004-1.46 modified the Special Permits and removed Condition Number 7 as well as adjusting the condition and permits to be applicable only to the 3.79-acre lot that was developed. 3. Between 1998 and 2004 the locus was overlaid with a Resource Protection Overlay District(RPOD)in October of 2000 that:increased the minimum lot area for all new lots in that district to two-acres. There was a grandfather clause in Section 4-4.2(6)that protected non-conforming pre-existing lots for single- and two-family use from,the new two-acre requirement. However, at the time of the RPOD, this lot was part of the multi-family use and,therefore could not qualify for the protection offered by section 4- 4.2(6). The lot,therefore, needs this variance to be buildable today. 4. The lot is similar to the average size of lots within the neighborhood,it is also one of the few undeveloped lots in the neighborhood The condition of the lot is not contributing to the neighborhood, in fact, it is detracting. In light of these conditions, this 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. 5. Unique conditions exist that affect the locus but not the zoning district in which it is located. 6. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hard,ltip, '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 fxom the intent or purpose of the Zoning Ordinance. The vote was as follows: AYE: Randolph Childs, Gail Nightingale,James Hatfield, and.Dan,i.el M. Creedon In. NAY: Jeremy Gilmore Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following; conditions: 1. The one-acre lot shall remain as created by the Approval Not Required (ANR)plan signed by the ]Manning Board on December 15, 1997. That plan is entitled"Subdivision Plan of Land inOstcrvill.c (Barnstable),MA. for East Bay Osterville Trust"dated December 11., 1997. The plan created two lots, ,Lot#1. being 3.79 acres and the subject Lot 42 being 1.00 acres. 2. The one-acre lot shall only be used for one single-family dwelling not to exceed two-stories in height nor 24:.feet to the highest plate. The gross area of the home and all accessory buildings and garages shall. not exceed 6,354 sq:ft: excluding attic space and basement areas. The garage shall.tint exceed S64 sq.fc. of the 054•sq.ft. total building area.,The maximum number, of bedrooms stall not exceed 4: 3. All buildings and structures including any swimming pool and equipment/utility structures shall be required to have a 30-foot'front yard setback,a 50-foot side yard setback and 30-foot rear yard sethicl<. 3 r 03/03/2006 12:34 5084203162 SARAH F. ALGER. P.C. PALE 21/ ?5 All mechanical equipment shall conform to those setbacks and shall be screened'from the neighbor's and from.the public's view. 4. Vegetated screening shall be installed along the north and easterly property line. The screening shall consist of evergreen planting of arborvitaes,and/or other evergreens of not less that 6-feet in height. The entire northerly side line starting 6 feet in from the trort'berly side line and running the length of the ilorthcr..ly side line shall.be screened The side line to the condominiums shall also be planed by completing the existing row of evergreens. Tbs screening shall be installed prior to the issuance of an occupancy permit for the new dwelling to be built on the lot. No fence or other obstacle will be placed on the locus east of the evergreen screening. 5. During all stages in the construction of the dwelling, all,vehicles,equipment and materials associated with the demolition/reconstruction shall be required to be located on-site and not within the required setbacks. At no tinge will.any parking,storage or construction materials or items be permitted in the right-of-way of Wianno Avenue or within 10 feet of the neighboring property except as may be needed for landscaping purposes or for utilities and then only on a temporary basis. 6. The on-site septic shall comply with Title S without variance. 7. No Building Permit for the lot shall be issued until all conditions of Appeal 2004-146 are complied Nt'itlt. The vote was as follows: AYE-: Randolph Childs; Gail.Nightingale,James Hatfield, and Daniel M. Creedon III. NAY: Jeremy Gilmore Ordered: Variance 2004-147 has been granted with conditions. This decision must he recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year, Appeals of., this decision,if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20)days after the date the f' ' this decision, a.copy of which must be filed in the office of the Town Clerk. LJ;;�11 O a, Daniel M. Creedon III,Chairman Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts. hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and.sealed'this _ day of under the pains and penalties of pej]JI )'. Linda Hutcla.ennder,To wn Clerk 4 r 03/03/2008 12:34 50B4203162 SARAH F. ALGER, P.C. PAGE /2 Proof of Publication PACE------------- j5 r tC31NN.0�:l�,htRhiS ,�gS �J i/;+�o q r/�I a; r,l„•,,.:n.,,:.,;4 >r�oric� o R Stu ,�pta�ei oF EALS PER THE .k(-1 u.t,�i'jC!•1111WG'';C�.I�I��w" '�]]C,(�� iS.;y., il�A,86 i4,t:�. ��lOQYi 1'o'ali'jserr;onap,dt�preghbTJ•In;"¢N aife��J.lyy't�ia. '6o5r'�pi ar encim er 404 of thp.GeneraI LZWD of the Commr,rnvealtn obt,�Qacl usetls to d Inft ainondments thereto you brc hterelry'.�otShgr9 th��l?' ` 7tgP,P fQl;, its 'CraKnitp�Yt,f ga+Y44andbtt.iryluma r A JA(t[ns'Y t'rt7ekon�rr i r ppoai?pp4.1a5 rtl�t . 11 9si4 f3n�/IOsien 4il�Jrll�+t arxf Eav b��lOstt;rvtllp i_LC and a V Cave bt�ostja Cdildorriinitrtfig}1dv P �iS9un G,a"d+r/.6 )C�)to glld(N dlYl�th plcrlo�j�d stand clepnr�he.f ramp a9•acrc to 7 io'9we lots•tdgepiir iYymptisd Oil.iif'n n6n,,dbn(6 .nib live pprrl,(ti�3d t�f' nrclal.f'em,it I�h�!rUere 1998-.2 f:on d 19ccyy 22...The orie ec.Y�- � I?,iat i®icScgted As Shown on Aspessor;s•tJlnu t40,Farseltfez6bl;bc�drrasbd' t 'in+ianngAvrnt, h ,iErKtllc.MA. 7tte3.'/.9dcrMluti; locatrd wF�'hpwii,on,��ee�or'i�Map'l�.yra i�arrii�i;ib7�00A thl>'u�l�•1��gbf?'adrlre;oPd 19@?�Ast t?dq Hoed ��lrrivlll�r MAhth'rre'1oCtits{i In'�p9,deoiilh DI?ttntl 7.r45 /a,dlKt" h'C'id�9��k1A�rk j�o�`Gtt tlutn� rlh� o ThndJames N. ivrker��riyYOst�wli►Fi,�rti�f eyl08te+viflalL C a4tt o• i� Cave,.[,t:Eest,Buyt§bd�✓ib irohu"b�YC60.plied,Jot'a:lylodtFtralfOn oE.•Spt=clol Fern,ti am d cbndlUon 7 F ad•b89�C9aQ rncf ,,, ttlepbrm128lgapN4lr,pj)ly',tc the :.Z9j0ore to(and Ohl. rJw:cdq+etructlh�n of d,9lrtgle•tpmilydw�ging ;ep•ocri;:lot,,The acre,Jot js.locptad as ahohron on AiApuOt b IV, .10"Pamml'.yS/tlol, ndr#restgad 3t? �Y,annoalvenupl notcrvlllap K A 'P4e 79 eErt�lOt a9oaatt 'a6 tltown;ar;,gyveashr s M12 J4Q;fybrch31;15,7 t)0 chrddgr tS7;ODP atld�e�sed 199 Eat.t3Oy gvoct:i"Jscen Ilse:iVIA, troth lotd"bre In ri.gdsldttFF°�`ZOhln ;bi ' t:;. > stf,c Ar' James H. tyrockbi 1`fuetiid,Fnl.L1t<y7d3( ;wlre t.,Y`q[lias ,pplA t�E1.v 2004-17 nce4o •5ArYtion 3 1..3t51 f3u(frap�td�tldni 1v51nlrnain9,ot'Arca ank4:�ecUon.35.3 gasource Protec• t!orJsOderin�:Dlptrclhto;;. n?ml[Ofib6 acne;bt Wiba.•builddbim�indcri.zoning.�Thp cuUjea PAP iD,toC8led t1a.:ptiWn L{�i,46ltgt'JOr s tV(np;t4b,ji?NrCat,157;0p1 nddregsed 31 1Mlemb;.Avenvo 011..ervtlle Mk{ �nA�e�idereel�7�nirp�'p4 •�t►dlriCwkl>�n..H9ppCAt::r.. • •' .''r'°mpi1��►Pq�1,�p'f?�rmit 20�3-15e WBC; rnaniaanngt,egtetlamotpNc©fiprioftdMfarP.lien'ly 'iamli[�pp3.150irsut^d,►cr[he de"vebt,rnEnt bf Th1u Villag�pt0 4i�rD 6c r,'tviilfe r:;The tad i4 n41s,nn�kjnQ a riiatJifia7tion o! Oun(illlone(dun�l�pr.1 F1 }�tjr3 b1l+�t•r�phhtrC' l rcabt�} oufiFng'4pirhrtlbria[o'SVNIvr tdl rlet}un4 The ap�I teri ceDt�l}g'tn hatre.iliet'td.uirdm'+sryt`el tlie'Gotitpr�fxirslvc'Permit rOaCfGritlB ReP,d;:.Th Orr of+b0ps tE3.,IVyd�Ie'Ft�sVV;!¢i'�ptr�B2.�riDratsYilE�4t.)OleS;,R}i7udaWfJn.NOnta dr1�9tdv1n<l1s390r BitVlOt�122�3 p8rctl UOt. vlls; MAnAJl Zontng,Dlatrtct, T m 2n16Lwe,Wedante gd�;'I,4vmer3.20t) ;l Pla7n c apnidn nS treet.Htanmq,hese-PublIcHQa Ihe'Bbrh trbie Town H11 36�A,He ay 4gs m9y bo.reviewed at the Pla�ing Divi9fon z"antng 73gar�y Of Appcale Office,Towt>CSfli%t�s.2DG Main,,:Stn:e1,liyonnfe;.(y . Daniel•M.Crecdon Ill,Chnhrmnn GOning.Board Uf.Appeai, The Bam9teble Potdot'.. October 15 and OCtober 22. 2ON I CD CD Parcels within 300' of Map 140 Parcel 157 CND N rovided only as an aid to the determinatiuo of abutters. The requester This list by itself does NOT constitute a certified list of abutters and Ls p database this CD list is responsible fur ensuring the correct notification of abutters. Owner and address data taken from the Town of Barnstable Assessor's datab Co „n 10A W009 r Address 1 Address 2 City State ZJp Gauntry N Mappar Owd ne OwnerL •• 1 QSTERV ILLS 6�9A 02655 W 21 1V1AsYN0 0 14017.4001 TORBEY,F"NcIS 1&CAROLS AVE - 4635 ST JANiES l VERO EACH IFI. �32967-7336 USA 140124002 ISCHUL•IZ,�MARGARET F TRS"& FIELD(i E,KATHAR[i•!E L TR � 3TAYLORLN ILEXINfffON �AA I0242A A 140125 DORAN,STEPEHi i W l I m �btARGARET FW ' IOSTERVILLE :ff651 295 WIANNQ l Q' 140126 CATt4,RIC}IARD&ANDREA NIARM AVE 23,btETCALF ST woRCESTER MA O1609 USA 140150001 MCDANEEL,IOHN C&GIVEN C O BOX 1011 OSTERVILLF MA 02655 USA 140150002 ROMAS,CLAUOE G c91 T,tARY A - _ S OSTERVILLC MA '02655 1 IMOSHAKE,RANA 271i 1V)r1NN0 14015OUO3 1 ABER,ADMAN I i� AVE I 140151 HALL,1OHN C n&E"C&SNYDER, WtANNO AV1 EI ILJE REALTY TRUS f LONG NF ST PL`f1�tOU`CH hb\ �� Loi`G POND RD S TRS IOSTERVILI.G i19tA1 02655 j - PO BOX 1102 I I D 140152 BAGLEY,DAV[D C ET AL -I I> T- OSTERVILLE °NfA 03655 USA: I 1 = 140155001 IpARTRIDGEELDASSOCLP C10 STOTT,.SaNATHAN 209 E BAY RD 'I J � l _ 65 BOSTON MIA f 02►16 �i1SA 1401SSU02 CRAIVFB,CHARLES 1Y&FRANCES I M COD�tON'NEAL m ITH AVE o 24 PEACOCK LEXINGTON MI A 02173 USA 140155003 HAUSER,JOHN R&14AR11A E l ` ARht RD � �1 P O BOX 496 OSTERVILLE IM102655 14U157001 CROC� KER,1AMlS H 1R TR EAST BAYiQS3-ERVII,I•E TRUST � �- 199 EAST BAY 'aSTERVILLE dAA 02655 4 J 1=td!5704A NiCE�1RQE,MALiRINE F TR �FIUS L BA'(fiD W Cf 1 RL'!'Y I� UNIT I 300 BQYI..S"f Q ! l BOS"CON �htA 02116 JSEPi A&�1 —ARY 14015703 DOKGAN, � A' —! - - - 342 ICISI LIlV1LLF htrl 02655 ----1 I1,101370OC GRANT,CAROL A— �._— ----1-_—�_ -- ---- IrA'!LR. --- MA �0 030 I[ts,� ------ —�._-- - I3 NIEADON' — l D 1t4w 57!;0D DODGE,FRAINK — jr�RCCK RD _-_ --._-.---------- 1 -- --- -- i 1',2034 Country I `� Address 1 Address 2 City State Zip IVIappar Ownerl Ownefz CD MA 02655 LISA _ - 199 F.AS'I'BAY OSTERVILf.E —r —I�— � •1401570% MARCUS.LESLIE S&JA�IICE R. RD-UN1T 5 — I m 199 5r\ST BAY i�OSTERVU LE i41A m 02655 USA ' Go 14015700E TEMPLE,DAVID B&JOYCE R LIT N6 _ _ T13EAM IFL 32963 USA ~ 1121 STiNGAREE I w 14015700E ERS SMTTH .FRANCIS C&VIRG(NIA 'POINT A �OSTERVII LF fA 02655 D EAST BAY I `J 14015700H ABELY,IOSEPH F Jft �4S b-TERVILLE jN5 m 1401570Q1 F_Ah4ERON.BARBARr11i TR ®ARBA[L\H C,V�IERON REV TRUST RD EASTB9 Y co a _ CANTON ,bW 02021 m 15 Fl RNBROOK , w 140(5700J 11,ENtiWN.WILLIAh1 F&JANE IVFROBEACH FL 32963 USA SA N -4800 N AL1 14015700K SCULLY,BARBARA II-iWY-UNIT 414 _ i�U�NENBURG h1,1 I01462 40157UO�ONTUORI.JANE f I- Wl S R NY 1 ; H1.L.RD _ ROWN,W Ih1 ILLJAM L&HELL1�t P a5110ULANfiER,RUNALD 1 WE(_L4 FARGO I HO,.MF �s MOMS 14015700 - [A 5032&0001 USA MAC?C502.O11 iCAtAPUS JEANM',4EM SO LILAC ST SHAROT7 NIA02067 S� I!'1 00N KOCK PAULA A&R1CFGIRDN WINC TFR h1,\ O11190 USA 1 71 MYOPIA RD 140157000 MCCA1tTl(Y.,\IAUR(CE&PATR(CW �_ t,L— to A4ELV]L1.1 Y t1t747 USA D Ir4015700F' 1CJlR1STLE,WILLIANI J& CHR13TIF,MARYAM M 145 PINE LAWN _: , X �— RD V340 SO �_. - _ 149 EAST BAY IOSTERVILLE h1A i0265i !U5A 140159 PU7-10,FRANK 0& J/oJONFS,BRIAN B&D1AIfEG — �RD p ---L IOSTL•RV11.l.E hL\ R26�—USA r POBOX119D 1 m ;GLI3SON,EDIVARO L.&RITA N1 140165 — _L VEROBFACH IFL ,32963 USA I140166 K.ELLY,MOVIES P&JEAN M t�BF. MARINER FACH LN 140167 �SACCONE,MARK G 4'aSAC(YNJE,MARK G&LEE AM1E 26 KEYES WR—T EWSBURY h1A�0154i fUSA 11�5 `I(iOUSL RD E__ — tSr1 F-BAY RD ` �TERVfI_LE i4fA 02655 USA ffl 61i AAIDRF_A50N,CHR1SlbPHEK A,`tDREA50N,gp,R13AR.A �_ `•40 ROVIOL.A RD IWORCESTER MA �01605 U$r\ I�1R169C01 PLOUJLDE,ROGER PJ1Z I _ �----_ _�— I 1YL•STOi`I 'MA UZ 193 USA ---- k7 U,1K ST J ln0J69�02 L10�t'Lr,`ITiO'AASF&FLIZABLTIi l — _ __ --_�` — �— _-- 'r . —�t+U\ U1655 USA m L —-----_--_--_--_ — --'Oh HASJ 1,1Y I— �f?STFti liLLE D, i -- ---I - ��--- l �110159tJQ3 MADU0I,FR,-QfKAJR .In I -------- --------- C 3 �i J m Address2 City State Zip Country OwnerL Address 1 !! m Mappar Ownerl l,�lA D2146 IUSA I w �--- -DROOKt.Q fE I N 90 I3AJCTER RD 04 KANGESSER,R,ICHEL - I m 140t690 - - IOSTERVILLE TM:� 16655 co POBOX187 140175 1MCCUSKER,.MARY&W.1,`INOP,J IM W TN REALTY TRUST W TRS i SREIVSTER NY j!l05iDW9 N 140176 LARKIN.SUSAN&STEPHENS,V 50 FEDERAi.. wa L I MHO L RJ? 349 — _ PALMCIfY FL 90 USA 140207 OW1RA,Mr1RY ELLEN °LOH IRA M11ARY i:LLEN 8t RJCHARD LANCEWOOD cn TRS �TERR iC-- Ca - TX I75R47 USA j Goo T---=DALl.ALS 1 A _ -- I N I m 14020, IDUHAMEL,ALEX P C10 FIRST ANtERICAN Ti1X SERifICF �STEM1 MOMS o w I FTtSEW AY T �- -MZK7(265-9 1 _ --J m USA�4 YORK EN I40207 ;C,� OLL,PCII'TER HESBIER JR ]CYOTRIJERAND,NC �EACE --1 �o2t73 USA 1 2 TRODDF_N LEXINGTON �. 140208 MCCAFFERTY,KLVIN M IPATH - �tA 02655 IOSfERVILLE - 38YORK"TER,4 l ` j 140209 KAVANAGH,ROBERT J TR J l � 02655 USA - 167 EAST BA`f� OSTEttVlll E I - I40210001 �USIDKO,STEPHEN W&PA&ELA iRD I - - _ IOSTER`!R_LF. MA 02655�5A `I40210002 IKESiEN,LEAF!Z TR LFsI[d R KESTEN TRUST OF 9 8-y9 173 EAST BAY_ jRD NtA 02655 ' D II 6v1 WlANNO OSTERV[Li.E 1 I 163005 •COPELAND,ROBERT N1 TR JOHN T COPEI.ATtD QUAL PER LA,�1D AVEI � J TRUST ]VCO=P QUALPER 71 - L UST — 0.4T-RVILLE NA j02655 USA D _L r 163006 r1DOMONIS ALDUNA PO BOX 231 H —� - - AA r7601 I lUSA m �— jHYANNIS 67 MAIi`t l lG3(J07 MXRNSTABLE,TO1VN OP(I_DO) STREET �— � _ n i h Gi n i y, Bk 23036 P!364 37295 c� 07-10-2�COL a 02 = 5rjg:� 05 J g F, 11 J - 08 r L 1 j'Y l Its'i s i"':F L.` 059. `m$ Town'd Bat table Zoning Board of Appeals Decision and Notice Appeal 2004-146 James H. Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC &The Cove at East Bay Condominiums. Modification of Special Permit Numbers 1998-21 and 1998-22 Relief Seeks to Create a One-acre Buildable Lot Summary: Granted with Conditions Petitioner: James H.Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC Property Address: 312 Wianno Avenue,Osterville,MA&199 East Bay Road,Osterville,MA Assessor's Map/Parcel: Map 140,Parcel 157-001&Map 140,Parcels 157-OOA through 157-OOP Zoning: Residence C Zoning District Relief Requested &Background: The subject locus is a two-lot site totaling 4.79 acres regulated by Special Permits 1998-21 and 1998-22 issued* to James H. Crocker Jr.,Trustee,East Bay/Osterville Trust to allow for the change of a non-conforming use to another and for the expansion of the non-conforming use. The permits were issued to allow the change in use and expansion of the non-conformity with the redevelopment from East Bay Lodge to sixteen (16) multi-family townhouses. At that time the locus had been divided into two lots by a plan entitled"Subdivision Plan of Land in Osterville (Barnstable),MA. for East Bay Osterville Trust"dated December 11, 1997 and signed by the Planning Board on December 15, 1997. That plan created Lot#1 of 3.79 acres and Lot#2 a 1.00-acre lot. All of the 16 multi- family units were constructed on the 3.79-acre lot and the 1-acre lot was left vacant. The Board conditioned the one-acre lot with Condition No. 7 in the permits. That condition reads "There shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land-it shall be left vacant." The applicants made three applications before the Board seeking to: 1. Remove the one-:acre lot from the locus of the non-conforming use subject to the 1989 Special Permits by Appeal 2004-145 for a Variance to Sections 4-4.5 (1).(B)Provision 6 &4-4.4(2) (B); 2. Modify the 1998 Special Permits to remove Condition No. 7 and adjust the area upon which the non- conforming permits are applicable to that of the 3.79-acre lot only. Appeal 2004-146,Modification of Special Permit Numbers 1998-21 and 1998-22 seeks that relief; and 3. And a variance to secure the one-acre lot as a buildable lot within the Resource Protection Overlay District that now requires all new lots to have a minimum lot area of two-acres. Appeal 2004-147 seeks that Variance to Sections 3-1.3(5)Bulk Regulations,Minimum Lot Area&3-5.3 Resource Protection Overlay District. Bk 23036 Ps55 0-37294 c� 07-10-2008 02 a 50g3. IM BARNgrABUL 16 `3 Towh of BaQtable Zoning-Board of Appeals Decision and Notice Appeal 2004-145 James H. Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC &The Cove at East Bay Condominiums Variance-Sections 4-4.5(1) (B)Provision 6 &4-4.4(2) (B) Relief Seeks to Create a One-acre Buildable Lot Summary: Granted with Conditions Petitioner: James H.Crocker Jr.,Trustee,East Bay/Osterville Trust and East Bay/Osterville LLC Property Address: 312 Wianno Avenue,Osterville,MA&199 East Bay Road,Osterville,MA Assessor's Map/Parcel: Map 140,Parcel 157-001&Map 140,Parcels 157-OOA through 157-OOP Zoning: Residence C Zoning District Relief Requested &Background: The subject locus is a two-lot site totaling 4.79 acres regulated by Special Permits 1998-21 and 1998-22 issued to James H. Crocker Jr.,Trustee,East Bay/Osterville Trust to allow for the change of a non- conforming use to another and for the expansion of the non-conforming use. The permits were issued to allow.the change in use and expansion of the non-conformity with the redevelopment from East Bay Lodge to sixteen(16) multi-family townhouses. At that time the locus had been divided into two lots by a plan entitled"Subdivision Plan of Land in Osterville(Barnstable),MA. for East Bay Osterville Trust"dated December 11, 1997 and signed by the Planning Board on December 15, 1997. That plan created Lot#1 of 3.79 acres and Lot#2 a 1.00-acre lot. All of the 16 multi-family units were constructed on the 3.79-acre lot and the 1-acre lot was left vacant. The Board conditioned the one-acre lot with Condition No. 7 in the permits. That condition reads "There shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land-it shall be'left vacant." The applicants made three applications before the Board seeking to: 1. Remove the one-acre lot from the locus of the non-conforming use subject to the 1989 Special Permits by Appeal 2004-145 for a Variance to Sections 4-4.5 (1) (B)Provision 6 &4-4.4(2) (B); 2. Modify the 1998 Special Permits to remove Condition No. 7 and adjust the area upon which the non-conforming permits are applicable to that of the 3.79-acre lot only. Appeal 2004-146, Modification of Special Permit Numbers 1998-21 and 1998-22 seeks that relief; and 3. And a Variance to secure the one-acre lot as a buildable lot within the Resource Protection Overlay District that now requires all new lots to have a minimum lot area of two-acres. Appeal 2004-147 seeks that Variance to Sections 3-1.3(5)Bulk Regulations,Minimum Lot Area&3-5.3 Resource Protection Overlay District. B k 23036 Ps 73 -,"W-37296 03 07-10-2008 a'l 02 a 50p� �.�LL f srA8 _ .1 Muse. �1 �a Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2004-147 James H. Crocker Jr.,Trustee, East Bay/Osterville Trust Variance - Sections 3-1.3(5) Bulk Regulations,Minimum Lot Area &3.5.3 Resource Protection Overlay District Relief Seeks to Create a One-acre Buildable Lot Summary: Granted with Conditions Petitioner: James H.Crocker Jr.,Trustee,East Bay/Osterville Trust Property Address: 312 Wianno Avenue,Osterville,MA I Assessor's Map/Parcel: Map 140,Parcel 157-001 Zoning: Residence C Zoning District Relief Requested &Background: The subject locus is a part of a two-lot site totaling 4.79 acres regulated by Special Permits 1998-21 and 1998-22 issued to James H. Crocker Jr.,Trustee,East Bay/Osterville Trust that allowed for the change of a non-conforming use to another and for the expansion of the non-conforming use. The permits were issued to allow the change in use and expansion of the non-conformity with the redevelopment from East Bay Lodge to sixteen(16)multi-family townhouses. At that time the locus had been divided into two lots by a plan entitled"Subdivision Plan of Land in Osterville (Barnstable),MA. for East Bay Osterville Trust" dated December 11, 1997 and signed by the Planning Board on December 15, 1997. That plan created Lot#1 of 3.79 acres and Lot#2 a 1.00-acre lot. All of the 16 multi-family units were constructed on the 3.79-acre lot and the 1-acre lot was left vacant. The Board conditioned the one-acre lot with Condition No. 7 in the permits. That condition reads "There shall be no construction of any dwellings or buildings or structures of any type whatsoever on the one acre parcel of land-it shall be left vacant." The applicants made three applications before the Board seeking to: 1. Remove the one-acre lot from the locus of the non-conforming use subject to the 1989 Special Permits by Appeal 2004-145 for a Variance to Sections 4-4.5 (1) (B)Provision 6 &4-4.4(2) (B); 2. Modify the 1989 Special Permits to remove Condition No. 7 and adjust the area upon which the non-conforming permits are applicable to that of the 3.79-acre lot only. Appeal 2004-146, Modification of Special Permit Numbers 1998-21 and 1998-22 seeks that relief; and 3. A variance to secure the one-acre lot as a buildable lot within the Resource Protection Overlay District that now requires all new lots to have a minimum lot area of two-acres. Appeal 2004-147 seeks that Variance to Sections 3-1.3(5)Bulk Regulations,Minimum Lot Area&3-5.3 Resource Protection Overlay District. : . The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 11, 1997 Michael D.Ford,Esquire P O Box 665 West Harwich,MA 02671 Re: East Bay Lodge,.Osterville/Development Proposal "The Village at East Bay" (map 140 parcels 157,217,218) Dear Mike: I'm sorry I have not gotten back to you before now,but we have been busy and I am just getting around to formulating an answer. You correctly point out in your letter that the current situation is a preexisting non-conforming structure and use. There are two primary buildings and several accessory ones there now. The uses have not yet been abandoned. The property is located in the RC district. Your argument centers on the fact that because the applicant chooses to raze all buildings,he loses his rights to seek a special permit because it is then raw land. I understand your argument,but I cannot agree with it for several reasons: 1. to do this could only result in the applicant saving a small portion of each of two primary existing buildings,and then adding to them by building several more buildings. 2. It has always been my opinion that as long as one permit is taken out without delay to both raze and rebuild,the protection of the nonconformity is protected. 3. To hold otherwise encourages games,saves a less than code compliant building section and makes no sense. In conclusion,I am still of the belief that the proposal needs a special permit and not a variance. Sincerely, I Ralph M.Crossen Building Commissioner I RMC/km cc: Attorney Charles Sabatt Attorney John Alger Robert Smith,Town Attorney L 0:3/J3/2JJ8 12:34 5JS42J31b2 5ARAH F. ALGEP.." P.C. Resource Proteeti.ou Overlay District to permit a one-acre lot to be buildable under zoning. The subject property is located as shown on Assessot's Map 140, Parcel 157-001. addressed as 3 121 W i.2nno Avenue,. Osterville,MA,in a Residence C Zoning District. 2. Appeal 2004-145 granted a variance to permit the one-acre lot to be separated.frorn the area upon which a non-conforming use had beert Located. .Appeal 2004-1.46 modified the Special Permits and removeid Condition Number. 7 as well as adjusting the condition and pennits.to be applicable only to the 3.79-acre lot that was developed. IBetween 1998 and 2004 the locus was overlaid with.a Resource Protection Overlay District(RP01)) in October of 2000 that increased the nunimu.m lot area for ali new lots in that district to two-acres. There, was a grandfather clause in Section 4-4.2(6)that protected non-conforming pre-existing lots for single:- and two-family use from,the new two-acre requirement. However, at the time of the RPO.D, this l.ot t�� ts part of the multi-farnt y use and.therefore could not qualify for the protection offered by section.4- 4.2(6). The lot,therefore, needs this variance to be buildable today. 4. The lot is similar to the average size of lots within the neighborhood,it is also one of the few undeveloped lots in the neighborhood The condition ofthe lot is not contributing to the ncighl-)orha +d, in fact, it is detracting. In light of these conditions, this relief may be granted without substantial detriment to the public good and"without nullifying or substantially derogating (torn the intent or purpose of.the Zoning Ordinance. 5. Unique conditions exist that affect the locus but not the zoning district in which it is located. 6. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial l+ardship, financial or otherwise to the petitioner, and the relief may be granted without substantial detrirr+ent to the public good and without nullifying or substantially derogating from the intent or purpose of the Zorun Ofdina.nce. The vote was as follows: Nightingale.James Hatfield, and Daniel M. Creedon III. AYE: Randolph Childs,Gail Night NAY: Jeremy Gilmore Decision: Based on the findings of'fact, a motion Nvas duly made and seconded to grant the appeal with the followint; conditions: 1. The one-acre lot shall remain as created by the Approval Not Required (AI�TR)plan Signed by the Planning Board on December 15, 1997. That plan is entitled"Subdivision Plan of Land in.Ostervillc (Barnstable),MA.. for East Bay Osterville Trust"dated December 1 l., 1997. The plan created tcvo I at . Lot 4-1 being 3.79 acres and the subject Lot 42 being 1.00 acres. 2. The one-acre lot shall only be used for one single-family dwelling not to exceed two-stories in height nor Z'4feeC,to theZ41estrplate. The gross area of the home and all accessory buildings and garages shr;il. They aza e7 not excee =6�.54 J dun$art ace and�vascri�enrateas g s� l�allnotAe"" xceeaSG s_,u.ft. + of i.hc G,35'4 s ota ng� T 2�' mum n. "her offi"edrooms shal'1 not exceed 4 " 3. All buildings and structures including arty swrrrruninga ool and equ%eMe atlutility required to have a Ofoot tefbaoode-ybac', and 3U-foot tear yard setback, t��in i[e�t�tt 1L:�4 5t7b41b316 SARAH F. ALGER.. P.C. P4"GE 21 :' , A11 mechanical.eq:uipyrneut shall conform to tl ose setbacks and shall b IMre�cned'from the netg hor s azidfro 411 p-ublic's vfcw 4. Vegetated screening shall be installed along the north and easterly property line. The screening shall consist of evergreen planting of arborvitaes, and/or other evergreens of not less that 6-feet in height. The entire northerly side line starting 6 feet in from the northerly side line and running the lengil. of the northerly side line shall be screened . The side line to the condominiums shall also be.planed by completing the existing row of evergreens. Tbi.s screening shall'bc installed prior to the issuaiice.oF an. occupancy permit for the new dwelling to be built on the lot. No fence or other obstac - will be pl;ice.d on the locus east of the evergreen screening. 5. During all stages in the construction of the dwelling, all,vehicles, equipment and materials associated with the demolition/reconstruction shall be required to be located on-site and not within the required setbacks. At no time will,any parldng, storage or construction materials or items be permitted in the right-of-Way of Wiarnio Avenue or within 10 feet of the neighboring property except as maybe neuded for landscaping purposes or for utilities and then only on a temporary basis. 6. The on-site septic shall comply with Title S without variance. 7. No Building Permit for the lot shall be issued until all conditions of Appeal.2004-146 ate complied with. i The vote was as follows: AYE: Randolph Cbilds, Gail Nigbtingalc,James Hatfield, a.nd Daniel M. Creedon III. NAY: Jcremy Gilmore Ordered: Variance 2004-147 has been granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appca.ls c> this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twennty (20) days MLt(:r the date the f' ' _ this decision, a.copy of which must be filed in the office of the Town Clerk. Ioa Daniel M. Creedon III,Chairman Date Signed I,Linda Hutcbenridcr, 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 iio i.ppeal of the decision has been filed in the office of the Town Clerk. Signed and.sealed this day of under the pains and penalties of pci_itu}'. Linda Hutch.enrider,Town Clerk 4 Er � CC2009 RESIDENTIAL ENERGY EFFICIENCY DETAILS1� 'L:LIMATE ZONE SA NSE EITHER PRESCRIPTIVE VALUES OR RESCHECK CALCULATION :TABLE 4021.1(MINIMUM PRESCRIPTIVE INSULATION d FENESTRATION REQUIREMENTS) l�l7p III FFIIESFMTIDH 6K1'L1D/R CEIWO I 114000,FRAMEDI/AYL FlOOIi SA9ENENTTTALL BIL9FJG.IIF b1A0 GUWL 6PACE MALL "ACTOR OfACIOR PWALLE R.VAWE RAMILE R-VAIiiE R-VALIE R-VALLE 035 M60 IM I IOtt3 IOT2rF DEEP) tOM3 NOTES: 4y' CJ C v 1�R-ATUES ARE MINIMUMS a U-FACTORS ARE MAxaAUMS �.I��C-� 2 1N13 MEANS R•15 CONIMMM[INSULATED SHEATHING ON THE pnID OR OR EXTERIOR O OF THE HOME R R•1�CAVITY W NATION AT THE DlTERIOR OF THE BASOdINT WALL a 41 REFER TO ECC zoos CHAPTER.FOR ALL INsuuTtoN d E)1ERGYREOUStQ1ENTS 76o PATIO I � a� 94ETzdi` — _ 0 Ja t04 Td Td Jd J4 Td 6-T lid T-IP Jd Td 6d Ta JQ JO 7d �� O C 7`r'eD`1 t``V •1i cow c A7 . 2� k A7 7 J 1y APRON APRON QO QD ❑O a F E E E '� T o )�.��/� yI' z /J SUM UmUm KITCHEN a O to Avir CAx6T FT\\\ .SN 67.B I OOOR /�� A ❑e eCju�_ 0_ ._CJ!�{T�K ll/`(/� +� I (�yQ2IFV xrronal F TRENCH 9D9R FRENCH DOOR I iAYOUT WSOWNHt1 \ 1 %: -T— ART iutEPLAM P a STUDIO r _ I VEGAS RIFY �. 1: 1wwLlFnceLa+aJ 1 s4 i if --•_ _. LIVING FRS l_Y I V MASTER I It BEDROOM I a I 4 v=yF r.F03CI j n a g ® 27.FRENCH FRENOI I REF i 1 CASNET !. w P'OCItET I I GARAGE 4 ixNx1 ---- DOOR ON ® �© -- -------- a _Td a � -- TRANSOM AKOVE— za.Tv .To 2.TO �� • a ICLOS. six PTRY b ------- b I F 14 POCKET POCKET I I O 5 -414 `hQ �:.V4 g ti I - O Tom i I I I I I^ DOOR DOOR i i T + ` 8 Rpm UDR I rr I w..C. I MASTER A g A 's; UN. I I L OFSFABOVE OFFI I I BATHrwAlE — b A7 g A7, (.a 19 ININ ` I I u F ,,, b © B YW uI t a FOYER &K OYgy1�i g bAIM ID _ q B I a q A SL SL I I Jd IOd Td Sd T4 S$ Sa T$ 7$ Td T$ Td f VA 11'S f4 I II a I COVERED -- I "a Y 1 /v I yy11 -------------- --3-oRC}i--- -------- - - ,TDSLTwoFtEg �P� __ _�-_ --; (,(, tfd lOd ^— 1f NK PT.S.BPOSTS ROERGLAS Z.,_�Bal -��I=I Q. 'n La0; l --•� 37d tBd ` 1 NOTES: LAM WINDOW SCHEDULE FIRST FLOOR PLAN 1.)CONTRACTOR IS TO VERIFY ALL!EXISTING CONDITIONS 10.)ALL CONCRETE USED FOR FOUNDATION WALLS,FOOTINGS 8.SLABS. 8 DIMENSIONS IN THE FIELD TO BE 3OW PSI TYPE' MANUFACTURERS UNIT ROUGH OPENING REMARKS FIRST FLOOR 2500 S.F. 11 J VERIFY ALL PLUMBING a ELECTRICAL DETAILS W/OWNERS ON THE SITE A MARVIN VTDH3472 7-10 12•x" 114• INTEGRITY DOUBLEHUNG IMPACT GLAZING SECOND FLOOR 1380t S.F. �) DETAILS.6 FINISHES TO IN THE FIELD WITH OWNER VERIFY ALL INTERIOR 3 EXTERIOR MATERIALS. DURING FRAMING CONSTRUCTION B ITDHTR3418 7-10 12'x 1-4 1!4• INTEGRITY TRANSOM IMPACT GLAZING TOTAL FINISHED SPACE 3880t S.F. 3.) ROUGH OPENING HEAD HEIGHT OF WINDOWS AT 12)TIMBER FRAMING TO BE SPRUCE/PINFJFlR N0.2 GRADE C CUSTOM 7-8 12•x 84 IA' INTEGRITY DOUBLEHUNG IMPACT GLAZING FIRST FLOOR TO BE 8V ABOVE SUBFLOOR ON F.F. 13.)PROVIDE UTILITY INSTALLATIONS FROM STREET TO NEW HOUSE D CUSTOM 7-8 12'x V4 1/4' INTEGRITY TRANSOM IMPACT GLAZING BEDROOM#4 414 S.F. &VW ON THE SECOND FLOOR VIA UNDERGROUND CONNECTIONS TO COMPLY W/ALL LOCAL CODES E IMH3664 7-0 1/2'x S4 IW INTEGRITY DOUBLEHUNG IMPACT GLAZING GARAGE 792 S.F. 4.) ALL CONSTRUCTION TO CONFORM TO 780 CMR MASSACHUSETTS 14J&WITHIN SITE IS E THE 110 MPH WINDKE BORNE DEBRIS AREA EXPOSURE•B- F ICA 25 q,yY 8•-T x 73 SIB' 1525 TY CASEMENT IMPACT GLAZING STATE BUILDING CODE,8TH EDITION AMENDEMENT 61RC2009 8ASSAC ONE MILE OF NANTUC MA SOUND PER STATE OF MASSACHUSE7TS WIND SPEED MAPS G FTHD3456 7-10 12'x 4-0 1/4' INTEGRITY DOUBLEHUNG IMPACT GLAZING 6.) 110 MPH EXPOSURE 8 WIND ZONE,225 ASPECT RATIO 15.)GLADNG PROTECTION PER 78D CMR 5301.2.12 TO BE IMPACT GLAZING H CUSTOM 7-8 12•x V-8 114' INTEGRITY DOUBLEHUNG IMPACT GLAZING 6.) ALL SHEETS OF PLYWOOD WALL SHEATHING TO BE INSTALLED cn VERTICALLY, VERIFY ALL WIND BORNE DEBRIS PROTECTION REQUIREMENTS 1.CONTRACTOR TO VERIFY ALL WINDOWS WITH OWNER a R.O.•S ©SMOKE DETECTOR OR HORIZONTALLY W/BLOCKING AT EDGES,3'EDGE/12-FIELD NAILING W/OWNERS PRIOR TO START OF CONSTRUCTION WITH WINDOW MANUFACTURER PRIOR TO ORDER PLACEMENT Q CARBON MONOXODE DETECTOR 7.) ALL LVL LUMBERBEAMS TO BE 1.9e LMW LOAD 16.)FOLLOW ALL REQUIREMENTS OF THE IE-CC2009 RESIDENTIAL ENERGY 2.MARVIN INTEGRITY WQOD-ULTREX INTERIOR/EXTERIOR 8.) SEE CERTIFIED PLOT PLAN DEVELOPED BY BAXTER NYE ENGINERING 6 EFFICIENCY REQUIREMENTS 3 VERIFY ALL DETAILS WITH THE INSULATION W/STORMPLUS GLAZING.SIMULATED DIVIDED UTES 6 SCREENS ®HEAT DETECTOR SURVEYING FOR ALL PROPOSED d EXISTING DETAILS INSTALLEWCONTRACTOR FOR THE STRETCH ENERGY CODE VERIFY ALL DETAILS W/OWNERS 9.) FOLLOW ALL MANUFACTURER'S SPECIFICATIONS FOR INSTALLATION OF ALL 17.)VERIFY ALL LANDSCAPING DEATHS W/CONTRACTOR&LANDSCAPE SIMPSON COMPONENTS DESIGNER/CONTRACTOR IN THE FIELD 7HE OE6IBNER 6WLLL0E NomlEoiANT _ �'SORO�10M EF�OH SCALE: DRAIMNG NO.: THESE ORATDIIOS PV"'OWARTOF NEW HOUSE FOR: EPoRIMED,= 1/4"= 11-0" COTUIT BAY DESIGN,LLC aTH�oTION. 3F®�® 43 BREWSTER ROAD INTH FeesHtI1MF O14TRU TU M .(508) ,MA 02649 A 1 PH.(508a274-11ss KANE RESIDENCE °�°"°'°`"�°'"°�°"°�'°'� THESE DRAW AWARE=OR FV=OIa FAX(50 )539-9402 O>�L ND��t�� DATE : 312 WIANNO AVENUE OSTERVILLE, MA TURA:t 1T�ON 6/1/2013 ACT OF IWO ad 16d Od TPd (GABLE) j WIED (OABIA 11'd 11•d f•W Jd Jd Sd Jd Jd F+P B I h A7 C 7 A7 i 4 4 M UNF NISHED CLO$. STORAGE tiA —� I b • BEDROO 3 LO$.# BEDROOM#2 a --� u` Y I 4r g ART Q k STUDIO O BELOW p 1 CLO I MASTER BEDROOM b BELOW za.sTr I YWmOWSAeOVE I I • I R CLOS. I 27.Bc a m.ea Y� 8 DRO UN � a: HALL I �•e>r x f.f 17�l I M - A----j j- - - B TH#1 g f.f ® STORAGE so d AS I I ACCE:S f 6{ rd fa +'d Ir rAraa ` A FOYER A7 k L—Al ® BELOW RnxTFAN LIN. e e—d v b PANEL TO OUTSIDE �� d 4 MA q xe. za.aa � w ACCEEB ACCESS #2 Ae,Ens 4 PANEL PANEL PANEL h `vim OivrALL BELOW ELo� W wAu eew D SHELF 4 b� 4 TUB ♦ b k SET WINDOWNEAD NF7GNB AT DORMERS TO FIT ROOF UK LINDERNSAIM 1rd n•d J-r Sa• sr xr xr J•r J-r sr J•r 7-r S•/1• B.t s-tr Lf-,rL Mr s-w et' s-iP IF f-+r s-lr B-z s-1r (GABLE DORMEI) (OABIE OORUFIO tGABLE DOR11FJp IOABIE OORAIEN (GABLE OORiLEiO ad 164r qd and SECOND FLOOR PLAN THE DEWONER SHALL BE NOVIED F ANY ®Q® COTUIT BAY DESIGN. LLC NEW HOUSE FOR: TMMORAWMWPRMTOSTMTCF�1OR�°�116�EF��' SCALE : DRAWING NO.: 43 BREWSTER ROAD WGL,IE RESFRSRBLE FOR iTE WMENT COK4TRUDT+ON TTEBunnlwcoNmACTOR 1/4"=1'-0" MASHPEE,Ma 02649 KANE RESIDENCE RN>�DRAT��s� PH.(508)274-1166 � �SO�� FAX(508)539-9402 a NO o DATE : THESE ORApI1N09 ARE SOLELY fON THE USE 312 WIANNO AVENUE OSTERVILLE, MA TRMTECTWDIOSREOIRES PRGTECTTE" CORL;;OF—DESNHffAUtmERTTE 6/1/2013 ARDNTECTTmnL wPYRRGNT RNmTECT1ON ACT OF 19M r001 As-Built Certification in Barnstable, MA Address : 312 Wianno Avenue, Osterville Prepared For: East Bay Osterville, LLC Assessor's Map: 140 Block: 157 Lot: 001 Baxter Nye Engineering & Surveying Community Panel Number 250001 0757 J, Dated 7/16/14 Registered Professional F.I.R.M. Map Zones: X (un—shaded) Engineers and Land Surveyors Plan Reference: Plan Book 545 Page 100 Lot 2 78 North Street, 3rd Floor Deed Reference: Deed Book 27519 Page 272 Hyannis, MA 02601 Owner: John M. Kane, Trustee Phone — (508) 771-7502 Fax — (508)-771-7622 312 Wianno Ave Realty Trust Job Number. 2008-012 Scale : 1" = 40' Date 11/10/2014 140/207 N/F m POTTER HESSLER CARROLL, JR. R \(zFF.10VO CERTIFICATE 201273 co ASSESSOR'S MA PARCEL 1157 001 1.0t ACRES ^CB/DH - HELD Fp Fy'Ao l S CB/DH - HELD F`� ;3Vbo�0'JrO �� l 20 s �•. o� CB/DH - HELD C SEEE PLAN BOOK 315 PAGE 67 .0, � °k pA o9bc ch`t/ C, ZONING DATA: DISTRICT: RC MIN. LOT AREA = 87,120 S.F. MIN. LOT FRONTAGE = 20' FRONT YARD SETBACK = 30' * o SIDE & REAR YARD SETBACKS =.50'/30' * ZBA VARIANCE 2004-147 DATED 01-17-05 OVERLAY DISTRICTS: AP, RPOD, SALTWATER ESTUARY I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THE EXISTING STRUCTURES SHOWN HEREON IS IN COMPLIANCE WITH THE APPLICABLE BARNSTABLE ZONING DISTRICT SIDELINE AND SETBACK ��7,OFZggss� REQUIREMENTS, IS LOCATED IN RELATION TO THE MONUMENTS SHOWN AND IS NOT LOCATED WITHIN 'A SPECIAL FLOOD HAZARD AREA. SHINE —4 THIS PLAN IS NOT TO BE RECORDED NOR IS IT TO BE USED TO ESTABLISH PROPERTY LINES. MALLON Np.4H6g7 �' < A�oF[55�Ae�a REGISTERED PROFESSIONAL LAND SURVEYOR N BAXTER NYE ENGINEERING & SURVEYING DATE FOUNDATION -CERTIFICATION PLAN 140/207 N/F m POTTER HESSLER CARROLL, JR. g 'J ,I ASSESSOR'S o MAP 140 PARCEL 157-001 Q f �x,�'h�v`' 1.0t ACRES r / \ o' A 04, l000l y \ �yo Fy • ZONING DATA: DISTRICT: RC MIN. LOT AREA = 87,120 S.F. MIN. LOT' FRONTAGE = 20' RECORD OWNER: FRONT YARD SETBACK = 30'• * * ASSESSOR'S MAP 140 PARCEL 157-001 SIDE & REAR YARD SETBACKS = 50 /30 EAST BAY/OSTERVILLE LLC * ZBA VARIANCE 2004-147 DATED 01-17-05 P.O. BOX 496 OVERLAY DISTRICTS: AP AND RPOD OSTERVILLE, MASSACHUSETTS 02655 N 312 WIANNO AVENUE a 0STERVILLE., MA. .02655 M N I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THE FOUNDATION co N SHOWN HEREON IS IN COMPLIANCE WITH FRONT, SIDE AND REAR ��k of M SETBACK REQUIREMENTS AS NOTED IN TOWN OF BARNSTABLE ZONING N BYLAW AND IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA. C)� BSHANE M. RENNER m THIS PLAN IS NOT TO BE RECORDED NOR IS IT TO BE USED TO 9 No.45917 ESTABLISH PROPERTY LINES. FJ �F3/STER�� s�D PREPARED BY.-Of ` BAXTER NYE ENGINEERING & SURVEYING W . DATE: AUGUST 2, 2013 Registered Professional Engineers and Land Surveyors N o 78 North Street - 3rd Floor, Hyannis, Massachusetts 02601 SCALE: 1"= 40' 0 Phone - 508 771-7502 Fax SOS 771-7622 0 �. ) ) JOB No. 2008-012 co e:� O a ca Z7 tV _C73 d I I IECC2009 RESIDEN v IAL ENERGY EFFICIENCY DETAILS l CLIMATE ZONE SA(USE EITHER PRESCRIPTIVE VALUES OR RESCHECK CALCULATION TABLE 402-1.1(MINIMUM PRESCRIPTIVE INSULATION&FENESTRATION REQUIREMENTS) FENEBIRATON SxYUGHf WDDDFRAYEDWAU FLOOR a�ENEN.,, a a�R�F��PKE O 1� CARBON MONOXIDE ALARMS T�� / p SMOK rCTORS REVIE ED • UfACTOR UFACTOR R•VAWE R.VAIUE R-VAURi R•VALUE R•VALUE R•VAL3& 035 0.w 29 JD IM3 IDT1FT.DEF� IM3 CARBON M INSTALLED ALARMS I � Ord NOTES: a L 1. -ILL ES ARE ANSR-1 CONTINUOUS UOUSIN INSULATERS ARE D MASSACHUSETTS BUILDING CODE 2 1d1J MEANS R=1J CONTWUOUS WSULATED SHEATHING ON THE EJTETtx)R OR EXTEfiIOR ].REFER T THE OCIEcc�oRs cH PTER a FOUR ALL N AT THE iNsuuTIO&EENERGGY REQuwERIOR OF THE eaB WALL 1Ba ma PATIO 7 I 4�' I I ��' BARNSTABLE BUILDING DEPT. D TE V4• TDa ea ra }a }a sr e.r Tza r-w Sa }a V• ro }a }.o• r-o• B _ FIRE DEPARTMENT DATE BOTH SIGNATURES ARE REQUIRED FOR PERN ITTING k A7 7 APRON 0 a Flo C 4 KITCHEN MARVIN "CABINET `\ 27. MARS // ti MMMARVINaw.ow ©Ii N I (VF�tIFY xRCHEN Fai TRENCH ODOR \ FRENCH DOOR // A I] BENCH DOOR ) LAYOUT VW ONMER) ART %4L I -- --- ------( STUDIO } O RANCE I OAS FIREPLACE h A 1 (VAULTED CERJNG) (VER)FYALLF.P. b Q lO SURROUND ro R LIVING Jens j MASTER I (�NC7I 1 I m BEDROOM I q / h 8 IL > /b I I I (fRA_ �Y 1 I VERIFY DE1Rnb WT�FlF1o) I zB-.ro• 1 REF I �_�� I I a FRENCH FRENCH I 6 POCKET DOOR 6 GARAGE °°°" ON P�RF —————— a OOORRA� HALL ` by 14r as }a sa ra ra . a � _ rRaNSOM ABovE - 2Tr.Tv / \ 2Tr. -------- 27.rW 2w.Tv kEIIA LOS. PDOo� SIIM P_TRY b2 .m PFREENC"NCHI ODooRU.) L'DR I W.LC. TE A 'K LAN. �1I CLtHEOFSFAeouE OFFI C I H mAA7BHOF"oICH ININ �I 1 `+ I (FLAT4MATS OBATH y.. II a FOYER s ABOO VETO I O FAN D O } BENCH A b Ll UP 1 A A B h 1 a A a ^ D A SL SL A A I I Ba 10-0 6a rS TS rS ISd TS rS r8 rr T4 fy 11'S I.S. m COVERED j -------------- --39J3CJi--- ———————— ----- in c A 11 D TWO PIECE RCLASCONS tYS 1O8 if WI P T.B.B POSTSS15 i as TBa .Oa ma WINDOW SCHEDULE FIRST FLOOR PLAN 1.)CONTRACTORIS TO VERIFY ALL EXISTING CONDITIONS 10.)ALL CONCRETE USED FOR FOUNDATION WALLS,FOOTINGS&SLABS &DIMENSIONS IN THE FIELD TO BE 3000 PSI TYPE MANUFACTURER'S UNIT ROUGH OPENING REMARKS FIRST FLOOR 2500 S.F. )TIMBER FRAMING TO BE SPRUCE/PINE/FIR NO 2 GRADE 11,) -VERIFY ALL PLUMBING&ELECTRICAL DETAILS W/OWNERS ON THE SITE A MARVIN ITDH3472 2'-10 12"x 6'-0 114" INTEGRITY DOUBLEHUNG IMPACT GLAZING SECOND FLOOR 1380t S.F. 2) DETAILS,8 CONTRACTOR FINISHES THE FIELD WITH OWNER VERIFY ALL INTERIOR 8 EXTERIOR MATERIALS, DURING FRAMING CONSTRUCTION B ITDHTR3418 2'-10 12°x 1'-4 1/4" INTEGRITY TRANSOM IMPACT GUYING TOTAL FINISHED SPACE $880t S.F. 3.)ROUGH OPENING HEAD HEIGHT OF WINDOWS AT 12. ,r C CUSTOM 7-8 12"x 6-4 1/4' INTEGRITY DOUBLEHUNG IMPACT GLAZING FIRST FLOOR TO BE 8'0•ABOVE SUBFLOOR ON F.F. 13.)PROVIDE UTILITY INSTALLATIONS FROM STREET TO NEW HOUSE D CUSTOM Z-8 12'x V4 1/4" INTEGRITY TRANSOM IMPACT GLAZING BEDROOM#4 414 S.F. &e'8.ON THE SECOND FLOOR VIA UNDERGROUND CONNECTIONS TO COMPLY W/ALL LOCAL CODES E RDH3664 T-0 12"x 54 IW INTEGRITY DOUBLEHUNG IMPACT GLAZING GARAGE 792 S.F. 4.) ALL CONSTRUCTION TO CONFORM TO 780 CMR MASSACHUSETTS 14-)THIS SITE IS IN THE 110 MPH WIND BORNE DEBRIS AREA EXPOSURE"Er F ICA 25390W 6'-3•x 3'-3 5/8° INTEGRITY CASEMENT IMPACT GLAZING STATE BUILDING CODE,8TH EDITION AMENDEMENT&IRC2009 &WITHIN ONE MILE OF NANTUCKET SOUND PER STATE OF MASSACHUSETTS WIND SPEED MAPS G ITHD3456 2'-10 12'x 4' INTEGRITY DOUBLEHUNG IMPACT GLAZING 5.) 110 MPH EXPOSURE B WIND ZONE,225 ASPECT RATIO 15.)GLAZING PROTECTION PER 780 CMR S301.2.12 TO BE IMPACT GLAZING H CUSTOM 2'-8 12°x 4%8 11/4' 1 INTEGRITY DOUBLEHUNG IMPACT GLAZING 6.) ALL SHEETS OF PLYWOOD WALL SHEATHING TO BE INSTALLED VERTICALLY, VERIFY ALL WIND BORNE DEBRIS PROTECTION REQUIREMENTS 1.CONTRACTOR TO VERIFY ALL WINDOWS WITH OWNER&R.O.'S ©SMOKE DETECTOR OR HORIZONTALLY W/BLOCKING AT EDGES,3•EDGE/12"FIELD NAILING W/OWNERS PRIOR TO START OF CONSTRUCTION WITH WINDOW MANUFACTURER PRIOR TO ORDER PLACEMENT ©CARBON MONOXIDE DETECTOR "7•) ALL LVL LUMBERBEAMS TO BE 1.9e U480 LOAD 16.)FOLLOW ALL REQUIREMENTS OF THE IECC2009 RESIDENTIAL ENERGY 2.MARVIN INTEGRITY WOOD-ULTREX INTERIOR/EXTERIOR B.) SEE CERTIFIED PLOT PLAN DEVELOPED BY BAXTER NYE ENGINERING& EFFICIENCY REQUIREMENTS&VERIFY ALL DETAILS WITH THE INSULATION W/STORMPLUS GLAZING.SIMULATED DIVIDED UTES&SCREENS ®HEAT DETECTOR SURVEYING FOR ALL PROPOSED&EXISTING DETAILS INSTALLER/CONTRACTOR FOR THE STRETCH ENERGY CODE VERIFY ALL DETAILS W/OWNERS ' 9.1 FOLLOW ALL MANUFACTURERS SPECIFICATIONS FOR INSTALLATION OF ALL 17.)VERIFY ALL LANDSCAPING DEATILS W/CONTRACTOR 8 LANDSCAPE SIMPSON COMPONENTS DESIGNERICONTRACTOR IN THE FIELD Q COTUIT BAY DESIGN, LLC NEW HOUSE FOR• TE�yRWRSHAUBE�ffANY ERRORS OR ONIISSIOM ARE FOUND ON SCALE : DRAWING NO.: 43 BREWSTER ROAD WI GERASPNDaBLEFO PRIOR VIECO START T 1/4" CONSTRUCTION.TIIE BIRIDINO CONIRPGIpt WILL 0E RESPONSISIE FORl/0i WI11E1fT W THESE DRAWINGS IF CONSTRUCTION MASHPEE,MA. 02649 c KANE RESIDENCE COMMENCES WR�NO�RTH A 1 PH. 508 274-1166 THE ieSIGNEROF�YERRERsa�+.�nME FAX(50 )539-9402 OF THE OWNER NOTED ANY OTHER USEOF DATE : 312 WIANNO AVENUE OSTERVILLE, MA �OF°�RT-0RARaPROTECTION 6/1/2013 CONSENT OF THE OESIGNEi HIDER THE ARCHITECTURAL COPYRIGHT PROTECTION • Wd ]Od ' ap. IBd J4 11'd ld Zd (GAME) (SHED DORMETO (GABLE) 11•0 11'd .•-10 ld ld 174r ld Td afo B C N i 4 I N " UNFINISHED STORAGE aAV I I e 1 BEDROOM#2 AV BEDROOM#3 LOS, ro I � � ART - __� 1 O STUDIO O BELOW Ira zd tr{ " i 4 4 S a zc.Cec �d sd �d ® y 37.W MASTER 1 m 1 © © 1 BEDROOM BELOW a WINDOWS ABOVE " J'cLOS. I � .� I I © 4 2W.W 3o.B1r 1 BEDROOM#4 © J"g © I I m HALL © 1 © - LIN VIEW N k O ON IS z t �.� " INISHED HALL ——_ Q GE A I I BATH#1 t �•• r�,, " sd 1zd dIn A7 I I AceEss rd ed PANEL — A FOYER -t A7 o< N oE® LIN:�— t BELOW e O vENrcav b PANEL TO OUTSIDE (o TO 4 4 TS•.SV SS.S£ fq N b G h ACCESS ACCESS BATH#2 ACCESS _ PANEL PAHEL PANEL N 4$7 CLINE OFWALL ZBELOW WAu o SKEW y1 A s Tue � G SET NAN00W HEAD HEIGHTS AT DORMERS A TO FIT ROOF UNE - UNDERNEATH 11'd 11•d J•Y T-1' LY T-Y J-1' 3-1' S-I' J•1' J-Y J-1• S•11• S-Z 5-11• f-ir O•Z S.-ur SS S•1P 6S A'-11• 6'•11• D-Z 6-tr (GABLE DORMER) (GABLE OORAIER) ((ABLE DORMER) (GABLE OORNFAI (GABLE OORtAFJD W-w no tSd tea' SECOND FLOOR PLAN THEOESIOR SWLLL OMISSIONS REFOUND ANY COTUIT BAY DESIGN LLC THESE DRAWINGS INGMIORTEFOUlm ON NEW HOUSE FOR: CONSTRUCTION EBUILOSTARTOF SCALE : SAL 1.O DRAWING NO.: coNsmucnoN THE BUILDING CONTRACTOR 43 BREWSTER ROAD w�SEDDRRAMn�IfCON TRUCTTIONN"T FYING THE MASHPEE,MA 02649 THESE ER OF ANYERRORSOROIBSSDNS A2 PH. 508 274k 0 COMMERCEB ANY ERRORWTHOUT S ORO c ) KAN E RESIDENCE THESE DRAW NOS ARE SOLELY FOR THE USE FAX(508)539-9402 TH&SEED vRGSRT a�o DATE 312 WIANNO AVENUE OSTERVILLE, MA CONSENTDFTHEDESIGNERWOFRmE 6/1/2013 ARCHITECTURAL COPYRIGHT PROTECTM ACT OF 1990 TTP.wDDEVENr TYP.ARCNITECTAALGRADE ASPHALT ROOF SNINGUES (VERIFY COLOR W OWNERS) lYP 1x AxEK 1 z 8'FLYINO RAK E BOARDS W 1 i]DRIP a u t�4 SUBRNlE +x Iz roo OF PLATE IZ ' FM I® 1 6 ATEK 1 U S UTTE W AWIANVN GUTTERS a lFJ1DERSTO ORYY1'EIlS sewNO FLooa SUBFI.00R R SN i IO FICIM OOARO roP DF PLATE R CROWN PEDIMENT HEAD ® �® IOLT•AMERIGOR AIINYTIC Egg 14 PVC SHARERS.VETOFY COIDR a DETAIL4 W°MINERS 1 1 AEK 1 i4 TRIM ATR BOARD i KE%1 i<11tM AllMNDOW" K—------------ W 7 5Rl FAST FIOOR SUSFLOOR VERIFY FRONT ENTRY DOOR DETAS, IP DIA T W)PIECE AiEKSR i 10 WATERTASIE NATERVIL&MM W OWO:RS FISERCLAS COlLAO'19 W+.TCAP(SEEOETNU FRONT ELEVATION WP.T.S.SPOSTS WOOD FRAMED FLUE CWLSE W MCK VENEER 1x Ix TOP OF RATE El OLSECOND FTA�R '� SUSFLOOR TOP OF RATE b A FIRST FLOOR • SUBFLOOR CARRAOESTYLEON DOOR yERIFY LEFT ELEVATION All°ETNLSWOVM ERB s THE DESIGNER SIVLLL BE N0T41E0 F ANY Q COTUIT BAY DESIGN. LLC ERRORS rTION THONS E E FOUND BUILDING CONTRACT SCALE : or�Awwc No. THESE DMYYINOS PRIOR TO STARTOF 43 BREWSTER ROAD. NEW HOUSE FOR. CONSTRUCTON THE TURONOCONRUCTOR 1/4"= 1._OHH WILL BE RESPONSIBLE FOR THE CONTENT IN 71�SE ES NGSIFCONSTRUCTION TIFYINGTHE MASHPE`E,MtA. 02649 TH9ONERWIGSERESOLERFORTH U A3 PH.(508)274-1166 KAN E RESIDENCE , OF THESE HE OWNER NOTED ANYOTKERR USE OF DATE : FAX(50 )539-9402 THESE DRAWNGSNTESOLElY FOR THE USE 312 WIANNO AVENUE OSTERVILLE, MA ACTOFIRAW"°a"�° "� '�T 6/1/2013 CONSENT OF THE DESIGNER UNDER THE ARGOIECNRAL COPYRIOM PROTECTION ACT OF 1990 _� _. •-a. � Y..-r......err��.-- - � �_ r,~ --� -• � - _ _ ,rr_,� _ _ _ m _ _ _ _ _,ten a - • x.__ _ ._ -.. - .'��- _ ..E._ _ ,.�. �. ,.-__ .fd-_-•-,,...�. _ i=.:_ =#max-�-� --' �'--��3•-r�--+-� .ot+-� -�� -_..4��.�af - TYP RIDOEVENT TYP ARCKRECTURAL GRADE ASPHALT ROOF SHSNGLES (VERIFY COLOR UDOWNEPM 12 AZFK 1 a 6 FASOAW/ �QO ALLIMIN M° ASEK 1 a B FREE BOARD 6 LEADERS TO ORYINELLS TOP OF%ALE TYP AZEK,.6'RTND RAW 12 SOMOS W/1.]GRIP 6 1.4lR10JtAE 12 12 ® ® ® 12 ,2p ,2p EM ul..I m I I m SECOND FLOOR SUBFLOOR Iffill AZEI(rt[t0 FREES BOARD Q Q " TOP OF PUTS AEEK 1.8 CORAER BOARDS ® ® ` ® � SBC DOUBtE GIPPED ❑ ❑ ® 4 WC SKNOLE SIDING m r TO WEATHERILLIJI now '.. VEAIFY COLOR WFFM ' 'i OWNERS FNST FLOOR 'i SUBFLOOR AZEK 1.4 TRIM AT WINOOWSWI7SILL ' REAR ELEVATION V4000 FRAMED FLUE CHASE W/6RICK VENEER CRICKET 12 12Is TOP OF PLATE b SECOND FLOOR SUBFIAOR rot OF%ATE ® E IV CIATWO%SCE FISER FIBEROLAB POLUI.R15 W/P.T e.e POSTS A FIRST FLOOR SUB_FLOOR II RIGHT ELEVATION C{ NEW HOUSE FOR• THE DESCONSTRUC 9 HE OUR OTWED EANY COTUIT BAY DESIGN. LLC EKES.. OMSSIONSAREFDUAT)°" SCALE : DRAWING No.: TRESS DOR M S PRIOR TO SURTOF 43 BREWSTER ROAD N THESE ORAWNOS IF CONSRLCT Gx 1/411= 11-011 WM1L SE RESPONSIBLE FOR THE CONTEM MASHPEE,MA 02649 COMIAENCESWNNOUTNOTFYINOTHE PH.(508)274-1166 KANE RESIDENCE �°�AmN'� °�Y DATE : �� FAX(5U )539-9402 TKESE ow�wlxo6 REGun1EB THEwaTTEN OF THE OWNER NOTED ANY OTTER 312 WIANNO AVENUE OSTERVILLE, MA TMEEa �,HEDEBI°NERI TE 6/1/2013 ARCKrtECTURnt COPYRIGNf vaoTECTwx - r.tea.._.r.-'--_-••- -. �-.,t.-- ---•».�._-- -.-� .__-_ ._ - - - - _ - - - `-- -�'�- -.- -• -- - - - 22a ,ra as gQ SEE SHEARWALL PLAN FOR ALL FOUNDATION HOLDDOWN LOCATIONS AND DETAILS Ifs 1-z f-r fa sa fr ,s-z TS ,rr sa sa ss IT DIA CONCRETE FASTEN JOISTS Ir CIA,CONCRETE f-iP f iP SONOTUSE TO M TO BEAMw SONOTUSE TO or BELOW GRADE USE 6L IQ9 nEs BELOW GRADE USE ————————————————Li— -P .2. B DMXPO BASE bPT.2.ID. IMAX P°STBASE fJl D iz OW 4 I CONCR -- A7 C BASEMENT A7 mow OREPDroE USE .. ------------------ BASEMENT P.T.2.ff. IT oo 6WPSON.l r 1 I 2•PT 2.tos Kd CONY I DRILL90ROUTNEW CUTWALLro I I 4 fi A7 2-PT.2zI0Y 2MAKPOST Wo1o01Y APR I SIMPSON Sr CIA FIT NEW DOOR m SE PT.2.BA 18•aa O ------ _ _ ----- °I I I BOLTS®Noe MHO ANCHOR -- ----- -- ---- P.T.2.B. Iroe SOLID BIL)CIUNOIN111E INTOEXIFTINO I r1 J ---- EwaI q N ----- OABLE END AU.SY9 AT I I I DARAOEFOUNDATION — — — — — — — -- — — — — — L" -- I II 1 — — — — — — I I II I I II I 4 u P � � I II I I I i I I I i j i y I WINDOW I T ;. m " I I I I II 1 ti FULL S I curEXLmNocoNCRETE 7CONCSIAB I j 11 I 3 $ BASEMENT } a 1 II WALLS TO FIT OA DOOR $N� II I — (f CONC STAB MBIOL 4 LAYOUT DIMEXSIONs As I I I ——— rroLr VAPOR eARR1EW ro I +^ I I I W ME FIELD F ALLDDAENSWN9 i I II I I WA NIGH CONCRETE d ——— a WAu A _ HL I v�DMo«T I I I GARAGE I i I I I PI CX 7 sue I sa ur r f r z r-z sJr sz sr ss sJT r z I » I I I PITCH EM DOOR I J wre.ewNF FJABEODm _ § l iFILL IN 00ST CARLBLOOO i l ii i aRT I i , — — , i I4 I Po I I I OpmNowI _ I - I - - 2„2 ® _ l I 11 °POGaT I I Ij I + I _ J L J I —I I— I L I--I L T �! L------ I I I I I I I II I TYPICAL W.2a.IT , I I I I I I I I lP.3P.ir TrPIau Kr.c.2f eoXCRETE FooTOK+ TYPICAL W.W.ze TYRCAL20'.9O•lr I I I I I I I NCREIE FOOTING CONCRETE FooTDAG CONCRETE FOOTING CONCRETE FOOTING TYPICAL 4...1? 11 I POST VO8.9.Lf TE I h o I I I I I 11 AB'WOISTS®lsa. JL21 - ::B 'I — ti BULK-- EFONVOILS EExSTINDAIRE =&I .SCONCREE44-1 L--------------- ------------------------- TOP OF NEW FOUNDATION P.IONR— II �wsvE i ALLS W? OUTSIDE TO MATCH EXISTING Pr z.10 LEDGER 90NAlAC BOLTED TO D FACE OF WALL.FROM ED BARS SOLID SLCCKING Wr 14lEIX1ERLOK BOLTS IT— It HANGERS AT BOTH ENDS 4 PT 2.8'.®IT... Qb A7 8(11AD~OIEOF MBAR AT TOP m TYP.IO-%20rCONCRETEFOO S WA 2..KEY TO AO OF. BELOW GRADE . PT 12.10BFAM TS T BEAM NCO C \ i7(/1► K.A. PIS DIA CONCRETE SONDNOEF SIMPSON LD s A ON 2r CIA=FCOT FOOTINGS M 4 FZ',E TIES T Tom BELOW GRADE USE jY(� lA'•1• 1OJr 1f-1• SIMPSON MAX ABU68 POST aASE FASTEN POSTE TO BEAM WA SU PSON BC9 CAPABASE zr. 10JS ®.P 8Q 17 INSTALLWANCHORBOLTSATzfoaMNC �'�4�Q�$1( Wf R�A9i � FOUNDATION PLAN F68, EN0 r a CORNERauoroAe•wMML1LIDEPTM QNAI a ! - a O _- 2Poe INSTALL TWO FULL IIpOM SOLIDS STING JACX STUD AT EACH SLOE OF ALL ROUGH OPENINGS 4 z A.I-HSS POST WAS z V.W STEEL SO.OIAANCHOR PLATEWELDEDro POST APPLYCAULKOR BOLT TAPE AT ALL SHEATMRKi I] SEAMS AND THE TYPAR WINDOW VAPOR OARIUER P4 2z6WALL APPLY CAULX OR APPLY CAULKOR ADHESIVE UNDER JACK STW h L ADHESIVE WHERE PLATE (ROUGH OPENING) INDICATED ROUGH OPENING DETAIL r IT B r r IN BOTH DIRECTXINF WI SXz+OwATERFABIE P T 2.8 SILL WA SEALER (VARIOUS MmENSIoms) ''W+•2 CAP SCALE:1/2'=1'-0' FOOTING DETAIL ANCHOR BOLT DETAIL SCALE:1/2"=1W WATERTABLE DETAIL DETAIL AT FIRST FLOOR SCALE:/12'=T-0" SCALE:1/2'=1'-0' SCALE:1/2'=1'4)" WE Q NEW HOUSE FOR: IGN THE SHALL BE ILDINDNOTIFIED F ANY COTUIT BAY DESIGN. LLC ERRORS OR NGS"'OR TO START 0 SCALE : DRAWING NO.: THESEDRAWINGS PRS roFOUNT OF C TU IT A ROAD WLLERESPCONSTRUCTION.SLILLE onNE ONT EN TOR 1/4"= 1 1-oH WILL BE RESPONSIBLE FORTHEUCTION MASHPEE IMA. 02CA9 INTHESKCES MNG36 CONSTRUCT E PH.(508)274-1166 KAN E RESIDENCE GD-EEXGE9L„'H«NXD,DYIN°TME �� 8 DESIGNER OF ANY ERROR6oR OMISSIONS FAX(50 )539-9402 THEBE°RAWNGSARESOLELYFORTHEIAE DATE OF T11E OWNER NDTED ANY Ol11EA USE OF 312 WIANNO AVENUE OSTERVILLE, MA �,o° "�RE°"° ""' 6/1/2013 ccNSEM OF THE OESxFER UNDER 1HE ARCIOIECIURAL COPYTHGMPQOTECTIDN - as tea 4Qa 7aa B A7 D SIMPSON LST"" C STRAPS AT WALL A7 SEGMENTS A7 mA 4 _ y N SOUD SLOOISNO N TIE OUTSIDE TWO JOIST BAYS AT48'— Q I FRAMEFOR EFELDW VERIFY N TRA FIELD W/ SIMPSON LSTATI O I HVAG CONTRACTOR STRAPS AT WALL SEGMENTS I I I � I 4[BPOSTW MACA w 9114PSON AC6 I � POST CAP I _ p 4 d 0 voS4TY,FA?S�F!!TO A BEAM VO 5.6.YS h ^ I 11 71w WOISTS 0111,0.(I'mm STEEL PLATE 43B' .S w DIA LAO BOLTS &MPSGN LSIAN b113 .11 7IS'LK 2-1 W.11 nr LK 611 NAC41 2.1 W[N BEAM 2.1 W[Il 7la LK W/BEARRSG WALL BELOW STRAPS AT WALL _ IF1 _ 'TT - 6EGNBJIS I I _ IIIiI I I POST,FASTEN TO I I I I I I I BEAM B.S.W I I M LAuSTEEL PwET&'g —— A A $ b1 W[11]ELK 117IC IJOISTB®16on A7 7 I I i I I I I A I I I SIYPSON 13TA24 STRAP9 AT WALL >? I SEGMENTS I D A7 2Za 1 Ba � m NAILING SCHEDULE 110 MPH EXPOSURE B WIND ZONE 4-2.12IIAM JOINT DESCRIPTION NO.OF COMMON NAILS NO.OF BOX NAILS NAIL SPACING c v.T.e.ev°srs NS DE A7 1P OIA FlBERGIAS TWO ROOF FRAMING: PIECE COLUMNS.FASTEN BLOCKING TO RAFTER(TOE NAILED) 2-84 2.1 Od EACH END POSTS TO BEAM W RIM BOARD TO RAFTER(END NAILED) 2.18d 31Bd EACH END tea taa 14'g CAPPSON ACS/ACEB PORT WALL FRAMING: TOP PLATES AT INTERSECTIONS(FACE NAILED) 4.116d 5.1Sd AT JOINTS SILO TO STUD(FACE NAILED) 2-1ed 2-16d 24'— HEADER TO HEADER(FACE NAILED) 18d 16d 16'o.c.ALONG EDGES FLOOR FRAMING: 4Da ga JOIST TO SILL,TOP PLATE OR DIRGE (TOE NAILED)) 4-8d 4-10d PER JOIST _ BLOCKING TO JOISTS(TOE NAILED) 2-Sd 2-10d EACH END LEDGER GRSTI SILL ORTOP GIRDS(TOE(FACE HAILED) 31Bd 4-16d EACH BLOCK SECOND FLOOR FRAMING PLAN LEDGER STRIP Tb BEAM OR GIRDER (FACE NAILED) 11Bd a16d EACH JOIST JOIST ON LEDGER TO BEAM(TOE NAILED) 3-8d 3.10d PER JOIST BAND JOIST TOJOIST(END NAILED) 11Bd 4.16d PER JOIST BAWD JOIST TO SILL OR TOP PLATE(TOE NAILEDO 2-16 d 116d PER FOOT ROOF SHEATHING: WOOD STRUCTURAL PANELS(PLYWOOD) RAFTERS OR TRUSSES SPACED UP TO 1G o.a Sd 10d B'EOGEB'FIELD RAFTERS OR TRUSSES SPACED OVER 16 o.a Sd 1 Od 4'EDGE/4'FIELD �{ GABLE END WALL RAKE OR RAKE TRUSS WO OVERHANG Sd lad S'EDGEIB'FIELD GABLE END WALL RAKE OR RAKE TRUSS 8d lod S. EDGEIS'FIELD ,L VW STRUCTURAL OUTLOOKERS MARK A. ` GABLE END WALL RAKE OR RAKE TRUSS WI LOOKOUT BLOCKS 8d 10d 4'EDGE/4'FIELD u CEILING SHEATHING: GYPSUM WALLBOARD 5d COOLERS — 7-EDGE110•FIELD WALL SHEATHING: WOOD STRUCTURAL PANELS(PLYWOOD) 1 STUDS SPACED LIP TO 24'o.c Sd 10d S'EDGEM2'FIELD irr 625W FIBERBOARD PANELS Sd — 3'EDGEM FIELD �J 1/Y GYPSU I WALLBOARD 5d COOLERS — T EOGE/17 FIELD IBTER FLOOR SHEATHING: FPs�ONA fNGK-. WOOD STRUCTURAL PANELS(PLYWOOD) 1'OR LESS THICKNESS Bd 10d S'EDGE/12"FIELD - GREATER THAN I'THICKNESS 10d 18d 8'EOGEIB'FIELD l.� THEORSIORO SWULBENOTIFIED If ANY COTUIT BAY DESIGN. LLC CONSTRUCTION ONSTRUCTI o59 SCALE: DRAWING No. NEW MOUSE FOR: CoIBERESPO � °CONTRACTOR 1/4" 43 BREWSTER ROAD 1NT BE DRAWINGS IF CONSTRUCTION COMMASHPEE,MA. 02849 THESE SOWTHOUTLELY LY OMISSIONS A6 PH.(508)274-1166 KANE RESIDENCEDATE : 8 THESE DRAW NOS ARE SOLELY FOR THE FAX(50 )539-9402 THESE.D NINGSR GUw`�"Esi�Ww�I- 312 WIANNO AVENUE OSTERVILLE, MA CONSFJITGF THE DEGwNEAUNDFJITHE 6/,/2013 ARCHITECTURAL COPYRIGHT PROTECTION ACT OF 1580 TYP.ROOF CONST. - -2,13 ROOF RAFTERS @ IT*C - -W CM PLYWOOD ROOF SHEATHING q;PHIALT ROOF SHINGLES 1 W x Ir LKRIOGE WARD -1SH.FELT PAPER •IV H4R BATT INSULATION ®SLOPED COUNGS BTU -11•SATTINSULATION ®FLAT CEILINGS ObM - 2.bl a IT oA. 12 .SIMPSONN H NURRICAN CUPS . Ym R ar xmrm A 12 / // \\ \ 13 _K:AT ALL RAFTER ENDS EI WATER AT BOTTOM PROPA VENTaErmENRAFrERs eOTTOMOF 2x 10, iSea .wKowAsH BARRIERS m A,n.vaw,w 2,iOx®JSo \ CELLINOJOISTB -ALIMINUMORIPEDGE PLATE vvAu ,rmmaaev / / \ \ 12 le m m,s BEDROOM#4 \\\\ LOFT m LOFT / \ \ SECOND MOOR / \ SECOND FLOOR Fl SUB000. SUBUBFUDO wM Mtim NI-WISTS 1Soo TOP OFPU 11 7IB'4J013T5®ISee - +{ ma �__�_�_�_ Y,nv,vAa A.TS PcvIOI �.m.m.u® S SATT INSULATION Ota= 11 3W.1179' S10•FI0.ECOOE GYP.W. MULTI LK HEADER ON I.2 STRAPPING®IS o a IN GARAGE AT e I,e+v An,rw a GARAGE FlTn"�°J+osTaT JC O LAUNDRY m MUDROOM/ SRUDIO B.F.SUBFLOON9 ro LAUNDRY 5 MATCH (V CONC.SLAB PfTCH7TOOK000R FIRST FLOOR P.T 2.Bb®1Soa FIRSi WrG.eWWFEMBEWFD TOP OF NEW FOUNDATI e F TO MATCH EXISTING weFtaoR 117Ar4JOISTS®IB•eaPr zx1O,NIFASCWO.H. DOOR DETAIL S[BE ELEVATION MULTILKGwrIS01ACONCRETE SON0IUBES 7 PAW SLAB TO J4 BELOW GRACE USE SIMPSON ABU W POST BASE NO SCALE SECTION GARAGE ttFICA1A.A.,Tr FULLGARAGEFOUNDATKINWALL3A7 BASEMENT �9C01U0iP1 °i WALLS I NVE"CALBARSTKIN WALLAWI xfi VERTIALBAR3 ARE EKIST W WU 1O CONCRETE AT eW a a,5•T FIGMOUTSIOE WALLS b IO',2P CONCRETE m FACE OF WALL GRADE®BARS .TIME BELO PROOF WALLS BELOW GRADE TOP-FCONT RIDGE VENT Of SLAB TYP tOx2WCONCREIEFOOTINGS `—J�ttPICILL TANCRETE W x.K KEY 2,6!®iS ea FOOTWO(VARKKJB SIZES) s SECTION @ MASTER SUITE \ A7 \ TYP.ROOF CONST. 12 \ .2.12 ROOF RAFTERS®IT,, 12 \ .SIB'W.PLYWOOD ROOFSFffAT/BOG \ -ASPHALT ROOF SHINGLES \ \ 12 .123 FELT PAPER \ -1 Y H4RBATT05UGS(R \ \ -I BAIT INSULATION a \ \ -S1dnSON HIS CANE CUPS IS \ \ AT ALL RAFTER ENDS 13 \ \ -ICEI WATER SKELOATSOTTOM BOTTOM OF 37OFROOF WTTOMOF CEILING JOISTS 2x12, 16eo \ -WNDWASHBAA VENT RRIERS RAFTERS CEILINGJOI575 2x10v 1Soe 1?GYP BOARD \\\\ CONT.SOFFIT VENTS ON STRAPPING \ \ m BATH#2 BEDROOM#2 \\\\\ ATTIC \\ TYP.WALL CONST. \ 1.2./STUDS®ISoe \ 21R'PLYWOOD SHEATHING SECOND FLOOR SECOND FLOOR 16(R4D)BA7TIK4MTIOM SUBROGR SUBFLOOII A UTOYPSUMgOARD 11 71B'1-JOISTS®1Soa b11TK11r�LK TOP OF PLATE tl 718'I-JOISTS®1S oo S.W.C.SHINGLE SIDING TOP PlA 4 2.12 BEAM b 1 14.IC LK SEAM S.6 M POLY VAPOR BAR .. 7.eNa POLY VAPOR BAIIItffR TRANSOM FASTEN COLUMNS TO BEAM YO MANUFACTURER'S SUPPLIED HOLD 1.SSEAOBOARD DOWN HARDWARE I RECESSED "O1""0 m MASTER MASTER m A IT FISERGLAS OFFICE BEDROOM m LIVING BATH 11 TS 0 PLYWOOD APE DECKING SUBFLOOR.GLUED b NAILED FOIST FLOOR P.T.I, SFIURBFLOORFLOOR - PT 2,B,®lSeo SUBfIDOR 11 TWI.JOISTS®1Soe q P.T.2.10.WIF b PT2.tOb YW I PT Ix B,®ISoa 11 7JSI.JOISTS®+7oo PT.2,10aWl FASCIA AZEK FASCIA S BATT INSULATION(R-M ..-Q A. 17 CIA CONCRETE SONOTUSES P.T.2.B SILL 17.OIA CONCRETE SONOTUBES Imo• ON 2S OM BKIFBOT FOOTINGS W/SEALER TO fp TO 40•BELOW GRADE USE FULL TOK0'BELOW GRADE USE SDIPSON b F b A SGIPSON ABU SO POST BJSE BASEMENT ASUBBPOSTBOSE BASEMENT P T 2 x 10 LEDGER BOARD LAO BOLTED TO P.T.2 x 10 IEDGER BJOISTSOARD LAO BOLTED TO Se°LOCIONG=HP 6ERS� EH�S Sec LOJl SNCTSZaIRSLL ArR OLTTSS. A'COW.SUB TOP OF SLABTOPO SECTION F DINING/LIVING °sSLAB �oN�@ L--� D SECTION @MASTER SUITE A7 A7 TILE DESIGNER SIWLL BE NOTIFIED IF ANY Q NEW HOUSE FOR• ERRORS OR OMISSIONS ARE FOUND ON DRAWING NO. COTUIT BAY DESIGN. LLC THESE DRAmNcs PRlDaroSTART of SCALE: COKsTRUCTION 7HEWIlDWOCONTRACTOR 1/4TT- 11�o11 43 BREW$TER ROAD WILL ESEDRAWINTMSIF �coNTENr INTHBE ESEESPONSIBE FOR CUNIMENCES UT MASHPEE,MA. 02649 THESE RAWR SER0.0RSOYOFOM IONS �� PH.(508y1)274-1166 KANE RESIDENCE OFTEOMRGOTEDAN13THERTIEOF DATE: FAX(50$)539-9402 OF THE RAW NOTED ANY uNDE UGEGF THESE CRAWOF NGS REOUI�ES THE WRITTEN 6/1/2013 312 WIANNO AVENUE OSTERVILLE, MA CONSENT OF,HEDE1GN Bt LIN0E1t,HE ARCHITECTURAL COPYRIGHT PROTECTION ACT OF 17J0 zr Ira• z� za xr za �•� n•a R'a (GABLE DORLOQ B H I A7 C ¢ A7 p re 1 3rrxtrLVL 1 vrxuLVL A7 RIOGE VALL ES - PoDGEBFA61 avAuers q � avALLErs N 1 I \ I f 1 l 1 I o° I 7(l � O 00 � aoI 1 I LI w•xuLaIt 3rrx 16 LLi RlDGEJEAl1-- -- -- - I 22.ES RRAgFpTTEERR I - - 6x BPOST FROM PoDDE 4x6PO3T FROM PoDGE , 16 POST FROM i DOWN ro FOUND i 14 oowN Fo No. 1 I i ro D.RIDGE DO P TO FOUND. M.EOO 1 31r x Ir LVLIBDGE BEAM DOWN TO MI1RID. >< ax Rx f?HSS - - - - - A � _ - _ _ RIDGE DOWN 1 . TO FDUN a: x HSS FR 1� RID fir I I 1 '� — — — — To DUN. I I AV 1 qYr I I A A7 1 1 1 1 N Bx BPOST FROM OABlE R00Fro BE 3R W0091?L BIALT OVER GARAGE B — —d--- — -- — — HEADER W131(2J OORLIER ROOF - SOUD 2•B BLOCKING OR TNEOUFSIDE STUDS EnGH SIDE A a O TWO W o'�c•RAFTER OW SPACE FFORN YS 4 NI rl ,'vi 7 FSHFAT101G UNDERSIDE OF ROOF b C sat• er S-tp r-11• BS S-1P s-z s-ta• s-z r-1r s-tr C-r _ s-tr (GABLE DORMER) (OABIE DORMEa1 (OABLE OORMERI IGABLE OORLIEfp (GABLE DORMER) 2za IBa wa aDa - ROOF FRAMING PLAN RWFVSW°NGIES T SR'cox PLYINOW SHEATIONG 2,12 RAFTERS 150 FELT PAPER WIND WASH (21 SIMPSON N 2 S4 KIRRICANE CUPS OF BARRIER 3v vADE I:EM'ATER SMELD -` ALUMINUM OPoP EDGE 1.3 sTRADPINO W/ 1 x B FASCIA BOARD 1! GYPSUMSO WD �rr 1�COMFFVINYL SA°FFlT VENT _"�"— E Ix 3 SOFFIT BOARD TYP 2x6YJM1LLS 1 3/ CROWN •6 FRIEZE BOARD CORNICE DETAIL SCALE:1/2'_1-•p' sloaA� EM • THE DESIGNER SHALL BE NOTRIEDIFANr - Q COTUIT BAY DESIGN. LLC THESEERROR AIMING PRIORTOSTIONS ARE ART ON SCALE : Dr�AwiN�No. NEW HOUSE FOR. THESE°RAW Nos Pa10R O G CONTF 43BREWSTERROAD WILLSEuenoNTHEBULq CWIfRACroR 1/4°= 1t-0° . WILL BE RESPONSIBLE FOR THE fbNTENT COMIN ESEDMWIWIT"OL7 NOTIFYING CTHE MASHPEE,MA. 02649 IMESEDRAWNGr ERRORS o�RNOOTHEOMISSIONS. �� PH.(508)274�-1�Y1,R66 KAN E RESIDENCE OF THE OWNER NOTED.ANY OTHER USE OF DATE : FAX(508)539 9402 THESE DRAW NGS ARE SOLELY FOR THE USE 312 WIANNO AVENUE OSTERVILLE, MA THE SE DRAWNGSREOUBLESTHEWRTTEN 6/1/2013 CONSENT OF THE DESIGNER j! THE MCMTECTUaAL COPYWGHT PROlLi:1gN AGT OF 1890 _ '.��.. x.tea.�.r �._._�......- �_ .y,..r- ...,....-� .-. .. - . �--�S r� �t. � +�'ci}�� .6.,`,i._ _ss� _"'a"'J r4• - rt"'..' - - _ - .. ..�--. • .4 as +ea oa iva Qv B Ali ° ------ — ------- --- O H I I I I I. O I I O ( A Q � O I � I I I I I I A A pq -------- 1 II O -- ------ II II II — O I I I I — A7 I II I I I to tt l I A I I I I O t -------------P--------0 A Qi ° Q I ON -------- ----------a Q ° QP O A7 b b C A7 as Lae oa ma FIRST FLOOR SHEARWALL PLAN � MARK °•�FFa�sY�a ,�� .s(3��3 ONAL E�0 5 Q COTUIT BAY DESIGN, LLC NEW HOUSE FOR• THE DESR,NERSNPLL BE NOTIFIED6PNY THESEO0ROFDSSPR O TO START ON SCALE : DRAWING NO.: THESE ERRORS OR ONOS PRIOR TO FOM OF 43 BREWSTER ROAD W DRA,M GS�CONSIR„C„D„ TOR 1/4R�= 1-0° WILL Be RESPONSIBLE FOR THE CONTENT MASHPEE,MA 02649 PH.(508�2�4„ram KANE RESIDENCE � e�� I A9 FAX(50 )539-9402 THESE R OF u,R ERRSi MR TH NS ENESE duwlGcs nRE so`E`"`°R"E"sE DATE OFTHE RAWN NOTED ANY OTHER USE OF 312 WIANNO AVENUE OSTERVILLE, MA �S�D�NOSREDUIREBENEWRR7EN 6/1/2013 CONSENT OF 7NE DESIGNER CINDER THE AM OF ISRURAL COPYRIGHT PROTECTION I �—.t.-�.-. _,----a.o.:..--+-....-rrc.r. �-..P � - _. ,.�_._ .-_._ _....� e•..r.._.,.....-..-_r..�,_� - - -- ._ -�vrr-x�. ._- �_ � �f _- � - _ _�__ _.��..__- __.-_._ .�_ ir��—_ _ _ ._- ]Zd lad vd gd + 11W ]-C z-a SPS 7d e< 11'8 Pd B C O I z Qi F A7 O D I I 4 I rw I I I I 1 I I I I I I I I I I 1 O I p I I I I I i II I I II I I O I I I I O O I I I I A A7 ' LLjF- LFO o' - 4 ————— ————— ———— A7 D m m 4 C s-n• ad s-+r -+r ad s-la sz sav a-z P-/1' 6-+1• aS a•++' (GABLE OORMEPo f01181E DORMER) (GNBIE"DORMER) (OABIE DORN•EW (CABLE DORMER) ZZd lad <Od IOd SECOND FLOOR SHEARWALL PLAN MARK A, NZiE F�GiBXEA rs�OVALME E� u MDESIGNER S SIO BE NO FOUND ff ANY COTUIT BAY DESIGN. LLC E""°RB°R NG PR=TNS DS°`RTOF SCALE : DRAWING NO.: TH NEW HOUSE FOR: TNEBE ORAYYINGS E OU D 5MRTOF 1/411= OONSTRVOTION.THE BUIIl11N0 CONTRACTOR 43 BREWSTER ROAD N LEESEoRARAW GS6:CO TRU=N CONTENT N TWYM ME MASHPEE.MA 02649 DESGNEROFNIYERRGRSOR0IASSONS A10 PH. S08 27 A. 0 oSSIGNEROFWMENCAS Y„wRRNo ��/c 61) /�� KANE RESIDENCE � mEGE DRAYYINGB ARE so�rr�oR T+¢usE FAX(SOB)539-94OZ OF 111EOYYNERNOTED.N/YOINERUSEOF DATE 312 WIANNO AVENUE OSTERVILLE, MA iNESEOAAYV"GBREGAftEB,NEVRTTEN 6/1/2013 rANSFM OF 1lIE DESIGNER UNDER TI@ ARCNRECTVRAL LOVYR+lilff PROTECTION ACT OF 199D TI N TRDOER SN STUDj ImOF1 IND DIA HIM IMBED. Nlll REBAR L.E BUILT-UP NO MR. DIAL. MIX EMBED. WIN.REBAR LEND OIER PLAN) OA0.PE T ) Sr SSTBl6 S/B 12 u OPER�A Ss STBI6 3/B 6 5A WWWWJJJJ 'I STB20 S/B 16 _ OPERNG /.Y - �ICSI6 STRAP STB21 S/B 20 II ST82/ S/B E(1 66' •N •1 -rr---_ hltp SSTB2B 7/B N STB2B 7/B 2a 7Y}( SSTB3a 7/0 28 STB3t82' I I I I HRU f�ooVMJy. N NWT SBUQO 1 21• SBII170 1 Pt• 96' 1j•NT 1 I I -MOM BI REBAR TO BE CENTERED ON IWLDOVN CSpEI6R GSM I I xNRTE,N REBAR ro BE CENTERED ON ImDOWM 11 1 TIOTEMED ROO FANDOCI LOCATED A TO S'DOWN FROM T�O- THREADED RO AND LOCATED 3'TO S•DOWN FROM TOP(IF . F •PI FOMDAT(ON WALL FOUNDATION WALL SDPSON MANUFACTURER'S SPECIFICATIONS. PCR SIMPSON AC SPECIFICATDINS II III IRK IPEH q' °. •'-TI 11 - A N •• '.: '• .. STB IBL.DOWN pNC-R GH TO r ARROW e _ V LyUPI.ER .•SSTO AN RF.BARK ° OI ON ANCHOR of /,`(T� APPLICATION) IN CORNER .° POSlT WALL PER .7€i6tx2X�EV • Y TO Sr 6■� °' b APPUGITIOO . lO yj••a ° n SIMPSON NAWIFAC7URER5 7S•iii000(((2x6 V d.•e ENV COUPLE •-� SILL PLATE c. DSP < SPECIFTCATUDNL SILL PLATE .. ANCIW BOLT:.• ,<PFR.G,- .. GER M�T ,SSTs 19 LWVN J 6 - -EDGE FDIIpSTAANCE qLL 'a 63lD S3TB IlflZOd(/N NICJBIR MOL REBAR LEKN7M 'O IOL IIFBAR Z73•iDR 2K6 WALL I HOLD°DOWN @ PLAN VIEW 2 H❑LD D❑WN @ PLAN VIEW Ema HD WINDOW OR DOOR OPENING HD EXTERIOR BUILDING CORNE BUILT-UP G�•O�'RYI�ER I; ROME xi DIA HILL EMBED HIM.REBAR LENGI O'ER DETAI@ / ) SSTB16 5/8 Iz 30' 2x4 WALL 2x6 WALL STD20 S/e 16 W. 6'O.C. IM x6 DOIG FDA POP DC V OL II SSIB21 0 20 66' OF SSTB281 7/0 2t 71• SL.31 7/8 2B 82• + ++ HBU ImLD11VN SBIx30 l 2Y 96' I+I + ++ -NOTE-N REBAR TO BE CENTERED ON HILDOVN ..JI �•1• _ �/Y BfY1F\K A I.. CWPER GSID THREADED a - FOUNDATIONITU WAI1ro Y m� (PER PLAtO ++ (PER �� `+ +` p■ McKENZ1E PER S➢IP6VH)v,lar sP t7Q/5. + ++ + OPER GSM IIII N RLIIARR PLAN VIEW ELEVATIOI VIEW PLAN VIEW ELEVATION VIEW BB NOTES, tlOffS) SP RPEII GSN) ° L ATTACH STUDS AT BUILT-UP CORNER TOGETHER WITH L ATTACH STUDS AT BUILT-UP COTI R TOGETHER WITH Y TO CD TE, N•EHv COWLE ° EDGE D15T D sia� dye 6rx 357 MAILS AT 6'0.C.FOR ENO�STO2'I SI�ARVALLSWS OF 16d x 35')WHILES AT 6'0.C.TOIL SA U�8QT � .). 2.75'FOR 2K6 V� O'ER-R SSiB IBC➢OWN 2.ATTACH STUDS AT BUILT-UP CORNER TOGETHER WITH 2.ATTACH STUDS AT BUILT-UP CORNER TOGETHER WITH a�QNAI STB NOIDOWM (2)ROWS 6 16d 00.162'x 35•)NAILS AT t'O.C. (21 ROWS OF 16d(0.162'x 3.5')MAILS AT Y O.0 < - (PLACE SSTB ARROW STAGGERED FOR 1ST STORY SMEARVALLS. STAGGERED FOR IST SIORY SAWARVALLS. 3 HOLD DOWN @ IRA w 1 BUILT-UP CORNER @ �j Hn INTERIOR BUILDING CORNER APPLICATION) PLAN VIEW wF END OF SHEARWALL ANCHOR ROW SHEATH= EDGE MAILDc ROOF SHEATHING GENERAL STRUCTURAL GENERAL STRUCTURAL (CONTD) SHEARWALL SCHEDULE, SHEARWALL H❑LDDOWN SCHEDULE LSSTTA RAP a 16•I1C 2X BLOCKING BE / PER PLAN RAFTER NOTES, NOTES: WALL TYPE SCHEDULEI SECOND FLOORHOLDDOWNS: RAFTERS DOTC1N FOR VENTILATION IF 1.ALL CONSTRUCTION IS ro BE DNACCORDMK:E WITHTE WALL FRAMING UPLIFT CONNECTIONS: >;rb•PLYWOOD-(EDGES BLOCKED) I O)-CS 16 COIL STRAPS WIM)IOd(O.IIr=)•LMMMA71S WHEN RDA SVGA REFER ro aREa7ECTuw1L DGE KARIM MASSACHUSETTS STATE BUDDING CODE PO0.0N&AND TWO-FAMILY Q Sd COMMON ORDALVANUSDI3OX MARS®61=EDGSAND O STRAPHS APPUET)OVER PLYWOOD SNEAT)ONO(IS•SCI.SIAAP PLANS FOR MORE DSO.) DWELLINGS,SEVENTH EDTTON(TSOCMRMAMDALLAMENOMETA 1.ATTACK EXTERIOR.WALL STUDS TO THE OOU9IETOPPLATE ANTE I)'OC.FIF]D ETID LF3JDT11 AT EACH kNDlTF 87AAP)OR(30)Sd IS*LONG) (7)-100 NAGS WHICH(IS BASED ON THE 10011 INTERNATIONALRPSiDF](TIALCOOB ROOF WTTH(UTSPCONNECTORATSS•O.0 PROVIDERS)-JUX1 S HUBS NAILS WHEN STRAP 13 APPLIED ,CRYTO=FRAMDIO e EACH TO THE 37UD AND(0-HM NAILS TO THE DOUBLE TOP PLATE I THE WIND DESIGN CRITERIA FOR THIS BIEOONO IS IN ACCORDANCE CONNECTOR TO BE APPLIED NRECILY TO=FRAMBND.NOTE;NOT MEABEE HALF MITT.STRAP END LENGTH AT EACH ENDOFSIAAPI 36'COMMON OD-REDOES BWLIQDI PROWDEIUISOF THE AEQNREDMAILS EDATTFXERIORAT WITH AMER(CAN FOREST AND PAPER ASSOCIATION(AFAPALI 001) REQUIRED WHEN U]IN'0)DA CONNERORPER N(1TES'ROOFiRAMRIG Q Sd COMMON OR OALVANQED BOX NAD3®]'OC EDGES AND EACH END OF 9'UtAP(ff STRAP IS lOFA7FD AT EX WALLT EER FRAMECONSTRUCTiaNMANJ FOROHF ANDTWO FAMB.Y CANNECT10N3'. IYOC FiE1D COHRNVE STRAP TO SDKDE STUD IN FIRST FIDOR WAILff7)ffiE THE + ++ + + DwELLNGs(WFCMLANDTHE-MINUMUM DESEH LOADS FOR BOIDINfS + + + + + DOUBLE 2K TOP PLA uNO SIPARWALL BEAw,THE DOl101E SIUDSAT ENDOF TRAP ROOF RAFTER PER PLAN( AND OTHER STRUCTURES W.tt£A�MEBASICWND3PEEDFORTHE 1.PRTERIOR WALL STUDS ONSECOND FLOOR To AROUND w ADD FLOOR wAUBEIOW.ORw TIVIRAP E AIRED SEE ALTERNATE RCFER TO ARCITEC7URAL DESH OFT SSTRULT/REIS U0MDESPER)WRWTw EXPOSURE sTuDS�PRSTFT.ODA�A�C SECOND FLOOR�B�1I)CS Q Sd CO MONOROALVABLOCKF3Y! ARo(ND THE HEADER OELow.PROVIDE}WFOi THBRDQWIED PLANS FOR SCOIL TRASTRAPP CUT W/(14)ENOM OF Nr LS(7-TH AILSCLEA TACMENDSOM BOARD tb COMMON OR OALVANEFD BOX NAl13®roc®OS AND NARINO AT EACH END OF THE STRAP) I)•OC FLED FIL MINOATAD1OHNDtOPANELEU@3SHALLBE __ rNOMMAI.OR WIUFA AND NA0951L•.1 BESTAGGEItED. O�•Gq 16 COIL STRAPS W/(T6710d I*MW.3'LCN3)TUIIS WHEN RARER DIMENSO7N5 APB N2.SA ONSTALL PRIOR STRAP IS APPLIED OVER PLYWOOD 9D'JNTIOdD(IS'A1flN STRAP RT RAFTER PER PLAN EAVE L TO BLOCKING AND BUILDNGOFICIAL OR THE STRUCTURAL FRAMING DSK)CIbI(S)ff REQUIRED AT SHEARWALL ONOLOOOWN LOCATIONS.CS 16 COIL STRAPS FORPLYWO�D SEPARWALL 7YPE41,LAND3 LISTED Z ERAP IS AIOATPACHFNDOFOODS OR()O)Sd(O.UI<2 TRAPLONG) Al T�RNeTF,ATTACH O'c 4 CO ID:TA p�,� PLYV�O SMEATN)NG) RAFTERS BELOW RIDGE BEAN Q DRWB(L 2X Top AITFRNA7 2X STUD THE Bl11LONOOPFICLLL REQUIRES IHU7 TIE IN9PFLIlO73)BE TD BEAPPUED OVER PLYwoOp SFPA7INDIENOTE. RIDGE BOARD WITH 2 x t COLLAR COMPLETED BYTHE ENGINEER OF RECORD.TIE CONRACIGN SHALL NAILSMIENSTRAPIS APPLIED OIRLCILY TO)XFRMdDID TIE AS SHOWN RIDGE STRAPS NOT BEAM �■ 17-ST'LL PRIOR CONTACT TIB EINGDPSR OFRECORD)(HOURSPRWRTOTHETIMEWHFIN )ATTACH FIRST FLOOR STUD TO RIM BOARD WITH(1)M 16 S7RAPAT ABOVE B6 COMMON OR OALVANIZFD BO ERAIS-(O.UI:S7{1 );Prang(ITFID(STRAPEND(t71°THATEACHENDOPSOUPI REQUIRED WHEN USING A COLLAR (IF SHOWN QI o,..ReC(INSTALL PRIOro PLYWOOD TE INSPECTON(57U70 BE PERFORMED THE CONTRACTOR SKULL )1'OC.ANDPRDVNDE(6)IOd NADSTOSTUD AND 11)IDS HAMS TO BDI GIINHIADS MATCHIN07HE NAB.wnMETEA AND tENGITi MAY BEPROVIDE`''TIT WALL SHEATHING SHEATHING) NSURETMTALL STRUCTURAL MEMBERS AND CONNECTIONS ARE BOARD ATTACH RUM BOARD TO YDUNDA710N PATEWOHMI)SP USED AS A SUBSTITUTE EACH END OFSTF7HERESTRAPLLOCATDATEUA80VE AT OR ON EACH END STRAP TO(IF STR.3P STUD III MST FLOOR L OR WALLIFALL NOTE,NOT REQUIRED VI918Lfi FOR N9PECTON.PDURIND THE NSPFI:ITON.ANY PORTION OF CONNECTOR PER Il'OC CONTINUE STRAP TO DOUBLE STUD IIIINFBOU E TUDIALLP IF STRUCTURAL RIDGE BEAM RAFTER T❑ TOP PLAT s�PLATES.OF 001 PROVBLE IDE EW IS USED AT THE STRUCTURE IS DEEMED NOT VISIBLE OR IS INACCESSIBLE FOR ALTERNATE STRAP THESE IS NO SHFARWAL BELOW. AMBEOLE STUDS AT ENDIF EVERY RAFTER INSPECTION.FINAL APPROVAL OF THE ENTNESTRICTUHE WILNOT BE ® )1'APAMRTALWALLCONSTAUCIFDwA EWTNAPAORWRAPTHE TO OMEN(1nILTHiSCONDMMUCORRECTEDATTHECWMAaMS A)ATTACH FIRST FIONtSNDIO RIM BOARD MIDI(II CS I63TMPAT THE PASOuNLLM HEADER BELOW PROVI EHA EXPENSE 3YOC ANDPROVIOE f61106 NNLS TO SNDAND(6)IU(NA-RIM TDICATELN HOLD lOO SCHEDULE 71ND11 HOLD STRAPS AS STRAP AROURINO AT EACH BE]OF OWHE STRAP) TH6 7 WRAP Timms fOUNDATON SILLPIATEAND OVER TOP QNDKA7EDNHODDOWN SCINDIRE 0).REQUIREDS16 NNUNO AT EACH END0143'SOLC H.ALL WOOD CONSTRUCTION CONNECTORS AS SPMPPDON THESE OF3ILLMATB Fl)LAms IN STRAPONT s"'N' 3 STRAPI6COBIEDOVSW/R�OODHS'x]'I005*MNAILSMDN CONSTRUCTION DOCUMENTS TO BE SIMPSON STRON6TEIN O STRAP U APPUW WFA PLYWOOD SIPR OD) GIL MEN STRAP ACCORDANCE WITH CATALOG C-)°09.RU THE RESPoN3ENTYOFMM ).CONNECTORS AND STRAPS N SPECIFIED ABOVE FOR UPLIFT SWW. FIND IENGM AT EACH END OP STRAP)OR IJO)9d(RUIx1I'LONG) CONTRACTOR TO INSTALL AIL COIDNECTORS IN ACCORDANCE WITH PROVIDE A CONTINUOUS LOAD PATH FROM THE ROW TO THE NABS WHEN STRAP II APPLIED DEECMYTO 7X FRAMING MANUFACTURERS SPECIFICATIONS. FOUNDATION SOLE PLATE CONNECTION SCHEDULE- mENRERS.(KT MOOT(-sTRAP END LENGTH AT EACH ENDOF STRAP) PROVIDE HALF OF THE REQUIRED=SPECIFTFDABOVEAT I ALL ENGINEERED LUMBER PRODUCTS TO IE TAUS MIST OREQUAL tl®BBPkIIDONS FOR WALL OPENING ELEMENTS-MWER TO DETAILT-WF) CONNECTION TO FLOOR RIM BOARD EACH END OF STRAP.(IFSTMPIS I.00ATEDATEKFFRIORWALL 04STALIED IN ACCORDANCE WITH MANUPACTJREWS SPECIFICATIONS. CONINUB STRAProDWlB1E S111. H FIRSTFJEST wAuff L-1'-0'70 Y4• READER TO JACK STUD )ACKSUDTOSOAEPIATE 7)EPE IS N09NElRWALL BEIOIi',THE DOUBILOGS:AT E(DOP ROOF FRAMING CONNECTIONSI L-1••1-TO64• (UL6TA9 (U SPot W PE M TO ALLYY SOEATECONNECTIONTORIMBOARD E SHEARWALL IN FIRST FLOOR WALL BE]OW.OR WRAP THE STRAP AROUND THE HEADER BELOW.PROVIDE HALFOF VE L-6d•TO V4 R)LITA9 (A BP11 Q P)-16d COMMON NABS PER I6'. REQUIRED NAILING AT EACH ENVOY THE STRAP) I.ATTACH OPPEUNO RAFTERS AT THEARIOEOVERMSTOPOFTHE L-F-I•T01ao 0)LSTA 12 p)SP/* FOUNDATION HOLDDOWNS: RIINSTALLEDWITH 1VEARGOF SHEATHING TENSION STRAP OT to' R to'OZ.WTRAP roCOBEOl ())LSTAIS (n 3PH6t (1)-16d COMMON NABS PFA I6'. HIAN-3D=5 W/SSTRH r DIAMETER ANCHOR BOLT W/CNWI NAILS TO RAFIPAS.(REFER TO DETAIL I•RM L-10-t'TO lc0 ())ST)U) R)SPH6� 2 ®COUPLERNVTBE7WE71SS(4WANsu I'NRGADFD ROD Of10 CHDRMATETO 7.ATTACH THE END OF EACH RAFTER TOTIEDOUBLETOP PLATEOF 'AL7ERNAlE•TFE COOiECiOR 9FHOWN FORTEJACKSTUDTOSOE Q (3).SIMPSON 3OSE531L 0-x 31('I WOOD SCREWS PER t6' HOIDDWRXIMMO ITOCONRETEPURFOSCORR THE EXTERIOR WALLTVffll(1)IOSA CONtff1TO1L CQLNECfOR LOBE PU7ECAN BE Sl/BSITTVNm WRX T/E SA3BCOdECTORSHOWNPOR FORMWORK PRIOR 7OCON{'RElEPOUR FOR CORRET THE)ACKSNDTOHEADER.ATTACHCOMN=IORWTTHHALSGB THE PLACDAWT. APPLIED DIRECTLY TO ix Top HATES ONOUTSmBFACEOPWAM REQORFD TAILS TO THE JACK STUD AND RAU OF THE REQUIRED MARS CONNECTION TO CONCRETE FOUNDATION ALTERNATEUSELIJM6 F'REM EVERY RAFTER TO WALL SNDOEIDW HDUI14DSl.SW/SBIx30 rIXAAETFRANCHORSO.TW/ TSP CONNECTOR PER NO)0.1•.•WALLFRAMING UPLIFT CONHN'CTIOHS. TO THE SECOND FLOOR RJMIBOARD OR FGUNIIATI(RIRDBOAPD. I CHW I-COUPLER NUT HETYEN 9BUODAMD R'THRE3DED IS NOTR IRID WH USING I RDA T Y CONNECT - EATTA ERECTLY TOIXFAAMINOAND 91LL PATE CONNECTION TOCONCRETE RIM80AAD.ALTERNATE CAN NOT BE USED WHEN SOE K Is RODNTOHOLDOWN POSIMONS8000 WI AN[:FNRMAIE To ATTACHED DIRECTLY TO FOUNDATION STEM WALLOR CCNCREM SLAB. FORMWORK PRIOR TO CONCRETE FORA FOR CORRECT )BLOCKINOTO BEPROVBFDABOVS EDOTILSTJPRATEOFTFE N'DU ANCHOR BOLTS AT))•0.0 PLACEMENT EXTERIOR WALL AT THE ROOF WIN ROOF SHEATHING MAGFDTOTE NOTE BLOCKNOAT6'OC PROVIDE'V NOTCH IN BLOCKING TOPROVBE ANCHOR BOLTS RE E, EDABOVETOSE)S•MAMMRA307 ADEQUATE VENTILATION AS REQUIRED SLOCKDIUTOBBATTACHEI A.HEADERS FOR DOORS AND WINDOWS TO HAVEG)"I CONNECPOR AT STFF}].ANCMOR B(R.TS WfITi)'x 3'z V-pLATEWASMSWROIT ®L7TUIVITA IOd UIRMN9TA POSITI WITHSRAPMAT DIRECTLY TO DOUBLE TOP FATS OF THE EXTERMORWALL W/(1)BBC THE TOP AND BOTTOM OF AU.CRPPIE SND6. MINIMUM EMBEDMENT INTO CONCRETE APAPORTALREQUORMCFS RETEOURFOR ORAECTE 10 FORMWORK PEON TOCONCRfITE POUR FOR CORRECT CONNECTOR B.HEADERS I'-1'AND LARGER REQUIRE(2)JACK STUDS ATTACH END PLACEMENT. 4.PROVIDE M BLOCKING AT THE RIDGE BETWENALL RAFTOUAT THE OF THE HEADER EDGE OF THE ROOF SMFATHNG ATTACH MEATIBX)TO BLOCKING W/ Sd NADS KIN AT6'O.C.RIDGE BLOCKING IS NOT REQUIRE,WHEN C PROVIDE(1)A33 CLIP ON THE TOP OF ALLfG,ADERS Ar EACH DND CF LEGEND: S EATH=IS ATTACHED OU=Y TO A ROG6 BOARD OR HEADER TO THE KING STUD ADJACENT TO THE OPENING. STRUCTURAL ROOK BEAM D PROVIDE(N)SSPFROMEACHKDNGSIVDYGDOUBLRTOPPLATEOF SHEARWALL CONSTRUCTIONI THE WAIL WITH Cl)IOd NAILSroDOI/BLE TOP HATE AND(H)IOd NAILS Q S_E AU_ TO KING STUD HEADERS Is STRAP TR PP(GOE REFER R To�KIND SOVIL FOR 1.ALL SIEARWAILS TO HAVE DOUBLE TOP PLATS AM DOUBLE IX THE FIRST FLOOR RIM BOARD FORC316 STRAP SIZE REFER TOMO70.1'THE AT EACH END OF WADS(UNLESS NOTED OTHERWISE) O SE(EARWAU.ORIODNE - ABOVE L FACE NAIL DOUBLE TOP PUTS W/I6d NAIU AT 16-O.0 USE(B)-Md pEaFEEDIN_VABOYIE NABS AT EACH SIDE OF UP SPUFES IN TOP MATES LL O SHEARWA HOIDDOWN TYPE is=is NOTREQUI T00=W.L-HS(X. IS ADJACENT TO ]NABJHO FOR PERFORATED SHFARWAUSIO BELONTDAIEDABOVE TEOPENINO. ANDBE3.OW ALLOPEINOSMSHE RWNL � SHEARWALL FIOSroOWN F.SILLS FOR OPENINGS LESS THAN I'It'WOE REQUEEMAO CUP AT a.ATTACH DOUBLE)X STUDS AND BUO.T4JP COE(ER SKIDS AT THE BOTTOM OF THE SILL MATE TO THE XINO STUD AT EACH END OF SHEARWMLENDSWRH(A16d NAGS AT 6'O C FOR SECOND FLOM -- SHEARWALL TNEsILLPIATE FOR OPENINGS 4*4•AND LARGER PROVIDE(l)AL) SHEARWALLS AND(2)I6d KAISAT I'0 C.STAGGEIIEDTOR FIRST CUPS EI AT EACH DDF THE SILL MATE ON THE TOP AND BOTTOM OF FLOOR SFEARWALLS. PERFORATESHEARWALL CONITNUEPLYWOODABOVE THE SILL PLATE AND HELOW OPE LNG WITH NALDND ACCORDING TO I.REFER TO HOLDOOWN SCHEDULE FOR TB DOWNS AT SHEARWALL SPECIFIED 6HEVRwALL7YPE ENDS K 1 OF KIND STUDS REQUIRED AT WALL OPENING THE DESIGNER SM BE NOTIFIED9BOUND ANY ' COTUIT BAY DESIGN. LLC NEW HOUSE FOR. ERRORBDROSGSs1ON9MEPWONTR THESE INU ON WINGS PwoR MBTAIITOF SCAR DRAWING NO. CONSTIIUCTOtL 1HE BUILDING NX1NT EN TOR 1/4"= 1 N-0" 43 BREWSTER ROAD wLLT31> _SffF°R�_ MASHPEE,MA 02649 �3GME`a ERR KI� Al 1 PH.(508))274-1166 KANE RESIDENCE BEO� IGSAAGE Y FAX(509)539-9402 TMHESESE°)RRq"EWBJ[iSI. EN DATE: 312 WIANNO AVENUE OSTERViLLE, MA CONSENTGFTHEOERGIDtUHNDEA,B 6/1/2013 ARCIRTECYURAL CO7'YEGNT PROTECHOM PCT OF 1feD i i I I i i 41.3 T�'t C!3 ti !rl Z7 � Cn F- N 0 { cr V GENERAL NOTES: ` • •`n ..a. '- ' \ POTTOR N'36a OMML ati/'v 1.1EAAEv7!111A1!A!0�09 iIna! Air OF w RUM AFAR (4 lr ♦ E 10 Pto MM wA Itlt NO \A1` 'ra 4 no MOT so MIK Ow RM MM w twt As R 0ME wt 90 tQ ►n Map-Ow Atp P.pA'Wifl AUK 1011-110-4� `i y>tMs waww LOCUS K" Scale,1 to00 wmrra-asu 7M 110ml-W NOW w-17-w ri ��/ ; i �� yDi�nsei�smMusEis�rrA® \ •1 S .� S 44 yEwsw►M AD swBwmArrr®www . y 3 wArILN&BL AM!IRr>d EAMREB)®laA� � �• .]is weo zwlas ,w/ma >t for . war svu RICK-M R R! 7�'wrN►AID A�»1 EA! AAo ME C C11.R1 TR SoM Am ( •=•ErrA^��'IwA►awaawEetew®0. l 1 ,40/19 •O EACDaLSMI•rfli�l�E A 1w 6,s a r✓-r w to E MD DL M OI!IMF A?MEAm 1+� fq.• /04 ® - m y♦�+Oy Ar�o� / S ! ` r an, INKE r�namE�`s®�on.0 no®�•Ef AM AMI AISIm�AO�� 1Y1L� wMH 6/! • >; .ax t •=w wRLwMCw�p� �pAw ►wYEl OIMQ aJ 1E1D % ueElwllsA 0109= �l/wfEi Ew�O \ ♦ D�6EI��mrwwlelEserr�E sr `\ , S w as rr wr E MM►D 1E As aMr,w E Am aAvs uw w E r ` � , AwM<wIArA�rM i"1<wrR=Ai*EAerr�lE IMMOMMEAMMMINWIFEW \ x�° 1 � � \\\ i �"�^D4, •w1Ae As a x to®arms wr we�aaw tr ieo M�ec )12L3 4 e�Aw�EMltl'IB A►EAM tO�I�t 9Y w/CY IM•AMM1E woo0 Aw AeMD E� _ _ w*{4EM � i 10�� Won to sr.•wYod!TIME wANWO l\- •� °, \\ ` � •�eEfAwt[rs:IR IRON fllE� \° \ � a �� y / / •testy es►mAm AM rwae tId■w rs(1�■AAE MA �t B t>PR E is MwY AMr:Aw AAt R7 A►iMt Q `} ms , •1®R�E waEe!�4 MIw AE 6 A�ArE R r( ]i°PACE°7 i W yJ{E >MQ D 0 4XIeMAa OIL LOW E Y®E \ \ +AL WHOM OSTOMME,FAA AM y \ \ �►,\ ; R �, / EAST BAY/OSTERVILLE LLC °\/�\`* O \ \ p a,a e'er /� tip P.O.BOx 496 \ \Rj`\`•� \ `\ a ��n a9 O Muo OETFRYOJF MAOQ65544M \•\� `.`� „ � ' \ � r+ a nv.. Proposed Septic Plan i _-� oaaeasoM a a NOW usMOCIONK Pow' BAXTER NYE ENGINEERING&SURVEYING WF —w tE Repoaed Professional Fnginms and Laud Surveyors Jo«r.NHL a a w _C i LM 78 North Sued-3rd Floor,Hyannis,Massachusetts 02601 . TRWSM of R--ALIT MW^ Phone-(508)771-7502 Fax-(508)771-7622 \° 10 0 ao 40SCALE ' M FEEr Er \ R 1 \ \ 1CAM NOT No °c gmEEr �;, BP zsr aooe-ot: f, t I i . �m mts A HC4ta�.■YL71L !4 v mR 1 f ass mm[ mVRf a sss mm asss.ar �� ms�a�a:orms 1. . r ul vwbw s as s ret-s1°aeo� Iar�4lsi ts2a-ss>r 4�a rr s,aw am-An - r t � tamRf V.fi . s u+e a m R m•4a Aster Me.suwss� ma.ww - 1• • ra4aw fa•s�isRs ps AaI» Area if as _ • ' ; SOOIEHMC710r IIDtE�f IBEtM��r 0DF 3m 8. no GROUDNA7E3t OBSFRVE7D E1fV Mg CRUSHO SRiE B►SE lob a,fawss�w DOMMnON BOX Mrs leg m l•M0 tr T� am CO/ m yi 1/2• i miY.-D'IDt 2•CF 1B1 fi01E 1 at R7R/AAIC DG16E R4®SrrE PLASTIC I&CHNG OMMUSR DAM 'c CU==CR MM. IIAN vow ►1aT to SrME i CONSTRUMON NOTES: L ALL SM MMW MU E AMM r MMW M ME I0° i lE OE Zi dff r Y 3%Ift d A 41DR11t 312 WIANNO AVENUE L Ar►awa 1s 1M F1rl mt3 E ARIOB r�rQ r tE eo®t OSTE WdILM MA 02M salvor s�rml rrr�E alrr®�ois rra Ra AlRbrl r 1E®t RBA lat ' a�° a CMR a��10 mallm root s oo K� am lAo6 FAST BAIT/OSTERVIUX LLC PA soz 4W •ALL Srrrr GWM 1r E f A!IC MES! dilAomELM � �'Yr110� ea s IEfllrl A®!�, - �OSTEIMLLE,MA�, 4)4W a�rra raa� =RIf =R2 7A2►A'2 7RM4 S BMW�MWAld Oft 11lE't FM - - - . mQ rrra s F rsruoe/K mi0i RaA AM,161ADE rs1 M a an R Proposed Septic Plan•Detail Sleet am an m=an MmD 10 BE 7W Rt s WE ss trrlrEAtt/IBAOlf1�AS�MBaSS11Rra- •,msri�s,awas ,AaliA,�'w A,tnAAa�'al. Mr-aiQ,wYn aAs BAXTER NYE ENGINEERING&SURVEYING x lE St>PE SM58 rOVE A C�IfE Qr@�L r Pal >Ar Sr ar Regiuerod Professional Fng®cers and Land S¢vow a�1�>EEMDIOE71LLaUIC0092Epr} m,frMrasss m,stNas m,wNaas m,aNamm 78Nor1hSftw.-3,d Floor,Hyannis,Massachuseas02601 Ar•m"CDM1I610 MW ALL o®on=auw n saft a, or r Phone-(sos)771a502 Fax-(saB)77ta622 aeOE lE rIo s aArlraa tE EMMIICIft rwt r1a1E 1E E>OICTIOO�IOrX�WADMMMCFALL�S Ui m,a{�as mr:La,asm,aM,a� m,ars/.m� CU N1 of M ut .tm ool®esl 7�Stwl 1�Me tlE or rDsrav trrr�r K IOK rBlrl RA.4a 0O argil Q B B�s>E 1E arrrsrr A�A E RItl W OIA•1E O 7D E read® r�E Re Ar aanE FEW O a 0 1 ALL MIN arm tllc•L s BEI�a re►rw E 000lrA®r 7E w- f-1) aaolans LVA-0N4 rawrl tees Rol RAr rallaot 1E arwlaor rwt lost ORP B Rn rr®w Rat baser w®L A m1/►Qog=my ■Ras 1E taoarr/rises s esarC as>aewr�a�1Mr .!�� .�.. .�°3 Arl ABOCE F a/Ii1i rsl RO'QS®1�R;1E a�P�a�p� �p�p 0�� . >E Ufa.]NL R1lEAL W8 d. I ®1 i!e'CF 9101E 01�E ISM IIOIE At ow . 9®eL Aft +n,)c 2 x r wN•1r SF •,E RDI®�aaasae 91rw AE R1L .. _ slot a.�slor 4n s - S�r� IAMF rrl E AS ■$ARr1wE eur Orrlr mat ea$rE IrIOi AE1- s OF 1 S1S®1 OnM.1M ar■an G%W.an ODD rsle awl 9aso 4q aPo•2DrY•AID AIC ZP 20MI-012 ;1 1 12 —: — , r 'Elul1 12 t I i I i t I I , 1 I 7` 1 , : 1 FRONT ELEVATION ( SOUTHWEST ) r; i ;I O REV1 S E .I • _, MOK pETECT -- - 2 a ATE N !� TOP PLATE �I aBARNSTABLE BUILDING DEPT• 11 1 \ TMENT PAR r FIRE DE p FOR PERM 7 NATURES ARE REQUIR 12 E j — BOTH SIG 2nd FLR(SUB.) r - 1� 14 11 < -1 I 1 rm OL ASSOCIATES 1- II 1 OT SON DESIGN j'-J\ 55 ELM AVENUE ' -1 Hyann(s,Massadluse1t502601 - 50&77300 ail-olsondesgnQverizon.net I It FLR.(SUB.) 1 I I 5-4 em _ ' NEW RESIDENCE !j —— —'———— OST RVILLE,MA.02655 e EAST BAY OSTERVILLE TRUST JAMES H.CROCKER,JR.6`� ;S I N ELEVATIONS it RIGHT SIDE ELEVATION ( SOUTHEAST ) sINUCNNAL � o,wn ey D-0. ---- ii Uo.l9iae ` 1 `9FGIs iEP�y� Idl� I ova te ef': -1I PT. 12.2008 i a O I -Lul j LL it 4 REAR ELEVATION NORTHEAST ) 12 5 v i f4+: 7 12 - '712 J ASSOCIATES 55 ELM AVENUE 0, FMHH1 t, FOD Lannis,Massachusetts 02601 508-775-4300 email.olsondeslgn@vorizan.net NEW RESIDENCE 312 WIANNO AVFNUF PSTERVILLE,MA.02655 if 3 LEFT SIDE ELEVATION ( NORTHWES,T ) -- a =r, _ —�— _, p_�� ___.: oRnwrr roR: A EAST BAY OSTERVILLE TRUST JAMES H.CROCKER,JR. OFAW L[AM(L map ELEVATIONS CIS 5 T. 12,2oo E /4' 1'-0* T T L �1. L T--0 L L w..w4- L x., Y-T L 3.3- IL X�' Z� Z-3 W&L Y.2 Z-3 sw L 2 we' L 3'-2mw L .-w L v, Ir., L IL A. ------- ---------I.I--------- W, 0 X 45 F_LtYA BEAM ABOVE Up !op UP A MASTER EX BATH 28-3 28-4 'F2B I WIOX45 GARAGE --------------------- --- ----- ----- b k I .—�E:: --_%A�ITO X 3FO W I O X 12 F�1[7511 BEAM ABOVE UP Up ii d FLUSH BEAM ABOVE �e SEC.FLR.a; 2 FLUSH BEAM ABOVE 1 2 IDN @ SEC.FUR. @ SEC.FLR. DOTTED LINE 5HO 1101p -------- IF - L-i M-ROOF BEAM LOCI.. > 1 __3 -- - ----------- STEEL BEAM ABOVE LAUNDRY ------- -- > Upr-1—-—-—- 0 - GF 2a.5 71� liv MU IN M If I.C. In I UP In Its MASTER SUITE ITCMEN %S BEARING WALL PAN I RY FLUSH BEAM ABOVE! FLUSH STEEL LAV" @ SEC. BEAM BM.BELOW--\ BELOW @ R/10 X 3 15A5 -—-—-—-—-—- -—- -—-—-- IDN C11 ........................... --------- It STEEL BEAM ABOVE 7Cit li MW�OX451 Up UP DN rV T-2 W& t— < If N LIVING 0 2 DINING 9 T UP 'n--- ------- ? 72 > 4. M'n MO^ L 1e w los's 0 r0' foyf-p, �IIO> In U, Uj U-JI In > DOTTED LINE SHOWS (5 n. 1.2- (S DOTTED LINE 5-10 0 -ROOF BEAM L005. 6Ir ij M-ROOF BEAM 5-F U, 3 up EXTERIOR SITTING NG C 0Vf_RED PORC m COVEP111-D PORCH OLSON DESIGN ASSOCIATES 55 ELM A'VENU 2rV Hyannis,Massachusetts 02601 -4300 email-alsondesign@verizon.net 5z-v NEW RESIDENCE 3,228 S.F. FIRST FLOOR 312 WIANNO AVENUE OSTERVILLE,MA.02655 2,2GO S.F. SECOND FLOOR 5,465 S.F. TOTAL LIV. AREA F:1 R5T FLOOR PLAN DRAWN FOR: EAST SAY OSTERVrLLE TRUST JAMES H.CROCKER,JR. 5QUARE FOOT CA it LCULATION5 CALCULATED BY:OL50N DESIGN ASSOCIATES: 859 5.f. GARAGE FIRST FLOOR PLAN DAVID A.OLSON OF SQUARE FOOT CALCULATIONS 141=119TIUIRAL D.O. iI TOTAL AREA = G,347 S.F. 114 r, CEPTIFIfD BY:WILLIAM O.B15HOP ENGINEERING; ( TOTAL ALLOWED G,354 5.f. ulula clsl SEPT. 12.2008 , ;i ,aa_.aaaaaaaaaa._,aaaa_a_._=�_,�_a,.�_.�.,_w=_N•,,.�__k._.___r._:_..__.. ,i ,I 1 7� 1S}jjj+ If i' 1j h , ryPr ' A _s ______-- Pr as li Pr ------------------------- i , , r r Pr i, —= ----=- ---- =_ a n ]a. if ..i- " II •) 3'-3' 3'-2310' 3'. 9lT-- J4.E�` "?.D,)9a`a-�]-?TM avav]:2 try—aes_f T�r�//,__. _v-e'vA�vvv4l�=.vnaa},vvanann van.v, v.alane`� _ F7`; C 'i u, .•------.,.,vann. ----------------------------------- - n.aaaassa:aasaaaaaaaaoaaasvaua--- ---- - or ry ar , r , nr „ rr rr r Ir a r ,r ,• ,, ' I , r r r , r r r , , , r , BED ROO __ 4 ' M n e 9 m _ __ ______ _________ rr r ___—_—_—_—-—_—-_-_- —____ __ _ __ ____ ,a 4.G P 5T 4x 6 6 POST POST 4x N 4z6 POST _ !i _________ ________ _____.___ ao• UP/DN up/ON UP/DN c r• „ -- ----------------- -- a1 � If s s W.I.C. -----'- BATH § I , ........ F , r r r ' r ...rr.---rr.--.__-r__-__r=r:s.•_ __- -=t-=1-.-« --....��....�.i .,.,...,.....,,,,n,.,,n_,,,nn,,,,,,,n,n ., e § EIM —_— — —_ — —_ _ _ ie •a BATH --•---• -------- it I ' MASTER SUITE ED ROOM +; it i Za'.3]' 3•p• �! t 4x6 POST 4z6 POST; ? n r; - Io4' P05T �! }_—_—_—_ _— _—r, UP/ON___ _—_— UP/DN 4x6 P05 OD II _—_—_—_—_—_ _ _---_—_—__- UP DN _—_—_—_ _—__ _ ___—_—.—_ _ - UP ON i I'-3 ve• 22•a ve' 2 I' „ 2 r � N q , ; NSTom wDw,nnove� _ •. PEIV-T{3 n r ______ •___________________..___ _.____ BELOW , I „an ,,.,n,n,,,,,,nn,nn_.,nn_n — _ ..... . i _ anavv vvi. ,,,. ., r , r r ,e E r .• 'i r a•o �I Y.11]M' 3+31a' me Irz' a•a Irz' ' T� I'r. r z.1I wn• i� r ' • e Irz• 1 .'J'� - i PORCH ROOF ------------------------- i; --------- 3:0' (i -'--- 9 � OLSON DESIGN ASSOCIATES._ it fi—._,.,._..—a .,.._.•_ se'�e• it 55 ELM AVENUE j Hyannis.Massachusetts 02601 g D i �50&T/5-4300 ema6-alsandesign@verizan.net r a NEW RESIDENCE !I 312 WIANNO AVENUE OSTERVILLE,MA.02655 '+ I ') II 4j4DIL\WN fORif ,,..a>°a..�.�,.-,.._:,._...�..,.�—,..� .,.R�. if EAST BAY OSTERVILLE TRUST JAMES H.CROCKER, .I v o. °sue l SECOND FLOOR PLANt''. IaKNOP ,......_ x 2s488 D.O. AA ' tr�a SE d d PT. 121 2008 T'- --------------------------------------------------------------------------- • I� i •. i > : I �i jl ik ---------------------------------- J I r I <^, I : ---------------------------------• I: D, i , I a o• � : • _ r I I I s I : : : i i I a : : -------------------------- !i ; i • •, : : . , I ____• coA m 5 FAMILY ROOM \ S ' : r o _ - jju UP' — . - - - Z _ _ __ _ l r I iI i c """"' — — FLUSH STEEL BEAM ABOVE FLUSH STEEL BEAM ABOVE iI •' ______________________________________________ i _________________________________________ --------------- I II .____-_n_________'_______________________c__•___________-_-________--_____. ADD COL. II tll, co _------- a - OTTEO LINES INDICATE o�. I T FLOOR WALLS ABOVE p it �i I♦T °� f, II LAV If p' ti �} 7 I • II I, li ti --------- if OLSON DESIGN ASSOCIATES 55 ELM AVENUE FOD I' i Hyannis,Massachusetts 02607 j ti a 508-7754900 email•olsondesignQveman.nelss tl NEW RESIDENCE 312 WIANNO AVENUE i3A5EMNT FLOOR PLAN OSTERVILLE,MA.02655 G .j DRAWNFOR: I! I' EAST BAY OSTERVILLE TRUST a i JAMES H.CROCKER,JR.As I ;I vnu os�O�sN BASEMENT FLOOR PLAN�v^-YM1HIi 61HO nUCT Uau T p1a D.0. 'I gfcrsscxt°.�: I q .d..w �I IPt fl Otic 5 SEPT. 1 2,2008 A : ------------------ 24--a 2...2. 2- 51 -------- ---- ---------------------------------------------------------- j !7 ----- --- ------------------------------------ 10'FOUND.WALLS-4'-O*H. 2-114 TOP 4 BOTT.CONT. ii - ON I 5W.X 80.X CONT. l h ud' KEYED CONC.FrG. ---_----------b-------------------------- ---------- ------------------------ -------------------- ---------------------- b ---- — -------- ------- -------------------- ---------------------------------------------------------------- ------------- --- --------------------- ------------------ ------------------_1 ---------------------- --------- cq GARAGE : Tyr. ----------------- ------------------- -------i . : 10,THr.C F_ 'S " , I r ------------------------------- -------- 9 ONC.WALLS�� FULL HEIGHT- --------------- •- - ----------- W1 245 CONT.TOP 4 BOTT. P ON I 8W.X&D.X CONT. KEYED CONC.FrG. ------------------------_________p____II ________. HEI FOUND WALLS-G'-G*H. 4'THK.CONC.SLAB W1 244 TO'PICTHED TO DOORS P4 BOTT.CONT.- ON I GW.X&D.X CONT. TYP.- KEYED CONC.FT`G. 3 1/2'D.5TL.COLS.- Oo it UP b 36*X 3G'X 12*D. CRAWL SPACE CONC.rrG5.Wl L5 ------------- 4144 FAAVAY F,_,J 2'CONC. o DUST CAP 71 v7- - vcwnuuM.rauy. B-2WI4XG5 I it I Cr OUND.VIALL5-4'-G'M. __4--—-—-—- - #4 TOP*BOTT.CONT.- 1 ox" ILL15H STEEL 4 Wl 2F STEEL B. ABOVE --------- FITE Ok-I 8*W.X 8*D.X CONT. BEAM ABOVE I I : Elm •KEYED CONC.PPG. 4 F ELEV --------- - ---------------------- - ------------ ----------- ---- ------- ---------------------- ---- ---fz -Vt!NT--------- It --------------I -------- ---------------- --------------- ---------------- I ----------------- • it - ----------------------------------------------------------------------- -- Z -CE C-N'DUST CA' �4Y 4- TYP.- b CO3 1/2'THr. NC.SLAB —W T L TYP.- -I O'THK.CONC.WALL5- STEP FOP X 91-0*H. WALL 115 F FO. !4 W1 245 CONT.TOP 4 BOTT. i ON I 8W.X&D.X CONT. t 7-4 KEYED CONC.FrG. ---------------- - -------------- 4 --------------------------------------------------\------VERT-----1�--- -------------------------------------------- -------- ---------------------------------------------------- ------------------------------------------------------------------------------------------------------- ------ &"FOUND.WP.L-5'-4"+-H.(VEPJ -- F)) W1 244 TOP 4 BOTT.CONT.- ON I GWW X 8 .X CONT. 9 COVERED PORCH KEYED CONIC. a it -BRICK SHELF VENT- Ii ------------- (STO ONE SELF) iI G"-BRICK SHELF (STONE 5121.1`)—,;�o� D ASSOCIATES OLSON DESIGN ASSO ES II E 55 ELM AVENUE li Hyannis,MassaChuSells 02601 It L 508-7754300 eT�.oIsI:;ndesign@vedzon.neI !i ti W.- O NEW RESIDENCE 312 WIANNO AVENUE OSTERVILLE,MA.02655 TYP.- 10" 5" FON. WALLS. ALL FOOTING'S SHALL BEAR ALL STEEL RE-BAR: FOUNDATION FLAN jl 9' - 0" HIGH ON MATERIAL CAPABLE Of fy = 60,000 F.5.I.-MIN. DRAWN FOR: .11 SEE fDN. PLAN FOR LOCATIONS. SUPPORTING 1 1/2 TONS/S.F. EAST BAY OSTERVIILE TRUST Ij ( HEIGHT VARIES) W1 245 REBAR JAMES H.CROCKER,JR. MIN. NOTE; ENGINEEFT R To NOTE; CIVIL ENGINEER TO @ I On WALLS @ 244 @ 8"WALLS FOUNDATION PLAN ANCHOR BOLTS- VERIFY fDN. * FT'G VERIFY FDN. LOC. � ANGLES vil it II CONTTOP� BOTTOM - ON 18"W. wNsil ALL 5/8"D. 8" EMDEDED- 3X3X 1/4" PLATE WITH WA5HER5- ELEVATIONS PRICIP, PRIOR TO CONSTRUCTION I RUMA (I G-W)X 8" D. X CONT.KEYED CONC. 11.29408 D. FT'G5. - ALL CONC. SHALL BE: 38"O.C. @ HOUSE � GO" O.C. @ GARAGE 12" MAX. FROM TO CONSTRUCTION ...... gEa ., ALL FOUNDATION CORNERS. SEPT. 12.2008 S FY 3,000 P.5.1.@ 28 DAYSjI �I�I�I�L�I�I�I�I�L�I_-_L�I�f►\I�I�I�I�LI/j 'P III III ,�I�n�l�ll•I_I_I_I__,�,. ,_ I —1_!� .il II. I ii�„'��"'LI■I�I�I !�i�!�!i�!�!�!�i�!�i_i_!�_r�!_!_!�i�n�l�!�!�i� Ir 1.� Iills� Ip=l�IMIMI�IM I wi■Iwl�� Il u.�IMERI l�l�l-_I�r�_�� AI■II��" _ I■111m1_t.I_,__I_I�I_IC1Irl_I_II_I_I�I�II� !_rail lire\ in_!�===r=!!=�._Ei r.r� iiiliir�r �I■ oil - - �l,l,l �,1 1� I _ _ �� • I"1 '�� — i I '�iinll lit �, -- -r -- I --� � i1►11�1��I��1111iI 111111►=� � -_ - �I�► �� 11 _ ► _I_!_!_r_!r1!J II�I�I�I�I(�MMUMMI �1� ��IJ��I rl�ti�l�t�j" � ,. f■ I 1 --— 111 ■�11► `�Ii�►i �i�_I �_,r i � . .• ,•• ; lip 1/11k1111 111�IIIII111 ��___._ _,�_ JI�I�I�I�I�------I—I—I I�I�IIII�I�I�I\'Q. Ci■I_t�➢_I_I_I_I_I�I�IIII�. II — IIIII�I �II�N � -�, ,I,I,III II I/►\�,III,1,1, III I,1,11 \�,I,IIIME EVA . 141 Poor Sill ell too 4 MOD - If"I■I�,111�1111�1 11'°�I�I�I� ��I� i1�1�1 G.I�I ,1 e • • • I . -•• '•• • • i • •' as • • • • • -- / �� • -•• ill , • eaves Simpson HIM. .• .Vtl Will need li2.1.21ill�Strap hes over the 1i(jge conneciinq rafters,Silripson Ls,rA'1,2 for ziXample. - r ............. 3G-.O- CTP twe RIDGE VENT W1 BUG FILTER 17? 2X 12 RIDGE ED5. 2 X 10 RAFTERS @ I G'O.C. W/112"PLYWO.5HrG.$ARCHITECT 4 ASPHALT 5HINGUff5 AS S.De wGe cc. SELECTED 0. O.C. 2 X 8,(9 IV O.C. TYP.PPOVIDE'ICE 12 WATER"FLASHING AT 5+ ALL VALLEYS Q FRONT DORMER 2.4 a..lashPOOF 0 ICWRa0 12 PEAR DORMER it A A AAA AAA AAAA A 14+1 AAA ROOF TYPICAL- ALUM.DRIP, Ar 41 .30.1.D. I X8 FASCIA 0D.W1 I: ..=�: _/ ALUM GUTTER-I X 12 SOFFIT ED.W/CONT. II VENT-I X&FREEZE BO. Ii BED ROOM BED ROOM FLUSH STEEL BEAMS @ MASTER btl)PM. M BWO..0 SP. FLUSH 4 BEYOND q NT. PORCH STEEL BEAM ROOF BEYOND @ KIT. FIBEPGLA55 iI STRUCURAL 390 COL. PORCH ING ROOMLIVING ROOM MASTER SUITE —EXTERIOR 2 X G STUD WALLS 2 X Gs @ I G' .C.- 112'COF EQ.5mrG. A i ROOF BEAM TYVEC OR EQ.-O 2-2XG PLATEX-O 2 X G SHOE TYP. BEARING WALL ROOF BEAM POSTS DN TO SOLID 51 NJ ON TO 50LID BEARJ R-19 MIN.IN5UL.-1/2'GYP.BD.@ INTERIOR jj @ L V ROOM:: 1\ .1 W1 SKIM COAT 2XG HALF M.BCD RM. WALL aLWG. D 5P- P.T.2X8s W1 I X4 DECKING P.T.2XG SILL W7 SILL 19 MIN.IN5UL. ' 5EAL ANCHOR BOLTS PER ENGINEERING jj FLUSH STEEL BEAM nm. @ FAM.FM. NOT FLUSH @ 1—ca BASEMENT it BEYOND I O'THK.COMCRETf FOUNDATION 0. 91-0'HIGH W1 2-#5 CONT.TOP 4 BOTT.ON 4' 15'W.X 8'0.X CONT.CONCRETE OLSON DESIGN ASSOCIATES 55 ELM AVENUE 3 D.5ft. 3G.x vxlro. FOOTING-A(/2X4 FORMED KEYWAY FOB .,mls.Massachusetts 02601 co�.rt015..1 DAMPROOFING TO GRADE �y COLS. c.w.- 508-775-4300 emoo-alsowdes )varizon ml rLlrM L�. 3 IM InKL cce' ..NEW RESIDENCE... ........ 8"THr.BY I G'W X CONT. 312 WIANNO AVENUE E TYP.PYG vm.sTURem soa KEYED CONCRETE FrG. OSTERVILLE,MA.02655 EXTER.WALL ii EAST BAY OSTERVfLLE TRUST JAMES H.CROCKER,JR. TYPICAL FRA MING SECTION TYPICAL FRAMING SECTION S RAL SCALE 3/5' .2 P-0" -S it -5 SEPT.12.2005 ------------- 31&- 1'-0" . '' �9 �� o D I �� {