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TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel Permit# 3? ` 3 54'
Health Division s— J/ Date Issued 1�`3� f cl
Conservation Division �� t . Fe
3y� °
e ,�
Tax Collector
Treasurer
Planning Dept. -
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis
Project Street Address �`�/ U/IMA1 16 A Vt
Village
Owner G HAv /3 20b EA-1 C K Address 0/0 j611 YS MOE J31//4 DjA16
Telephone 7 7/ - i ELM
Permit Request 76 CONS %2UC7 /I- S !IVC4L • Fig MILy /fd AIz
Square feet: 1 st floor:existing proposed 0-A`% 2nd floor: existing proposed Total new-20 a V
Estimated Project Cost #///-..3-1 0 Zoning District R Flood Plain _C. Groundwater Overlay 10 O
Construction Type W 0 oD F/R,9w -
Lot Size /3 • 3-75 Grandfathered: _�Kes O No If yes,attach supporting documentation.
Dwelling Type: Single Family M,`*' Two Family. ❑ Multi=Family(#units)
Age of Existing Structure N c W Historic House: ❑Yes flVo On Old King's Highway: ❑Yes M416
Basement Type: 1201 ull CI Crawl '.❑Walkout O Other
Basement Finished Area(sq.ft.) L& Basement Unfinished Area(sq.ft) / 55 4,
Number of Baths: Full: existing new Half:existing new
Number of Bedrooms: existing new. 3
Total Room Count(not including baths): existing - new First Floor Room Count
. A
Heat Type and Fuel: Gas ❑Oil 0 Electric ❑Other.
CLIntral Air: 54es 0 No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No
Detached garage:Cl existing ❑new size Pool:0 existing ,❑new size Barn:,O existing O new size
Attached garage:❑existing Efnew size ai x a3 Shed:❑existing Elnew size Other:
Zoning Board of Appeals Authorization O Appeal# Recorded O
Commercial 0 Yes f7No If yes, site plan review#
Current Use '"�"`''�'" V, AA1;r L-o T Proposed Use I'q F—S ID F-yCE
BUILDER INFORMATION
Name Y:5 & IA16 Telephone Number
Address 8 d X 9� License# DD S'6 Yls_
e k TC4—✓IL—F— U a 6 3 X Home Improvement Contractor#
Worker's Compensation# 7Q 6W l Y 1 I OW `
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO B009A/,9 OlvbFI�—
SIGNATURE ? i' DATE Yb?OA
z•
►a" - FOR OFFICIAL USE ONLY
PERMIT NO.
DATE ISSUED
MAP/PARCEL NO.
ADDRESS f .VILLAGE - r
a
OWNER - _; i s • x
DATE OF INSPECTION: f
FOUNDATION
FRAME 11� Y4 I/`^r V �! '� I �•Y'j�^-�-✓ \ n
L � q
INSULATION �� ��J p AL
FIREPLACE '
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL -
GAS: ROUGH FINAL
FINAL BUILDING a Cy��
DATE CLOSED OUT
ASSOCIATION PLAN NO. `
• r -
OWN OF BARNSTABLE
CERTIFICATE OLF OCCUPANCY
PARCEL ID 140 056 aEOBASE ID 7464
ADDRESS 141A WIANNO AVENUE PHONE
OSTERVILLE ZIP -
i
LOT BLOCK LOT SIZE
DBA DEVELOPMENT DISTRICT CO j
i
PERMIT 42173 DESCRIPTION CERTIFICATE OF OCCUPANCY
PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY
CONTRACTORS: Department of Health, Safety
ARCHITECTS: and Environmental Services
TOTAL FEES:
TIiE
BOND $.00 Ox 'V
CONSTRUCTION--COSTS -$.00
'756 CERTIFICATE OF OCCUPANCY 1 PRIVATE E. -
BARN BLF, •
MASS.
�ED M1r►�
BUILDI�i�
BY
DATE ISSUED 11/02/1999 EXPIRATION DATE
i
BUILu.CNG JPERMIT
PARCEL ID _140 056 GEOBASE ID 1,
ADDRESS 141A WIANNO AVENUE PHONE
OSTERVILLE ZIP
,OT BLOCK F LOT. SIZE
)BA DEVELOPMENT' DISTRICT CO
'ERMIT 38134 DESCRIPTION SINGLE FAMILY HOME
?ERMIT.TYPE BUILD TITLE ' NEW 'RESIDENTIAL '8LDG PMT
ZONTRACTORS: BAYSIDE BUILDINGS, INC" Department of Health, Safet•
.1-ICHITECTS .- and Environmental Services
°tOTAL FEES: $345.08 �TiIE
POND $.00
CONSTRUCTION COSTS t $111,320.00 ;.
!OIL SINGLE FAM'.HOME DETACHED I . *PRIVATE P: STABLE.
MASS.
st
� s BUILDD VI. O
BY ,� .•°t...�..,.• _
DATE ISSUED 04 O/199. , EXPIRATION DATE
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHEyE TEMPORARILY OR PERMANENTLY.EN-
CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE-BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR
ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS
PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED
FOR ALL CONSTRUCTIONNfINORK: RPROVED PLANS MUST BE RETAINED ON JOB AND
WHERE APPLICABLE, PARATE
1.FOUNDATIONS OR FOOTINGS HIS CARD#KEPT POSTED UNTIL FINAL INSPECTION
2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS,BEEN•MADE.WHERE A CERTIFICATE OF OCCU- PERMITS.: ARE REQUIED FOR
(READY TO LATH). PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH-
ANICAL3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION'HAS BEEN MADE. INSTALLATION
4.FINAL INSPECTION BEFORE OCCUPANCY. %`z
- s -
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS' ' VELECTRICAL INSPECTION APPROVALS}
�,, � Z3� cif► � a ��a� � � �
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G
Al
3 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT
2 BOARD Of HEALTH
i
OTHER: SITE PLAN REVIEW APPROVAL
� 1a � kV�
WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS
THE INSPECTOR HAS APPROVEDTHE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY
VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA-
TION. NOTED ABOVE. TION.
BUILDING
PERMIT
- Fr. ... �.., -._: _ �:�� N,. ;r - -•s.- z t..� J.e':'i`'4vra:. ..c.w:.,� 'cnsr`'. +a^s^: J --�--.*.«,-.,^.+y..
`�tME►p�O� The Town of Barnstable
BARNSTABLE. Department of Health Safety and Environmental Services
.aw .eg
'den�a+• Building Division
` 367 Main Street, Hyannis,MA 02601
Office: 508-790-6227 Ralph Crossen 4 ,
Fax: 508-790-6230 Building Commissioner
Inspection Correction Notice
Type of Inspection A-)
Location IAA .N W.I PcN V�b Permit Number
Owner 511�1 Builders
V
One notice to remain on jobsite, one notice on file in Building Department.
The following items need correcting.-
s P6 �V-�Tizev Q) 0T (N ?QG(0(Ck'-X
C I, �'�� �'� v�-L� �� ell 4OVk3 YLI L Y
�6L0S L rt.
6< <
Please call: 508-862-4038 'for re-inspection. .
Inspected by
Date
raj
< " A3--12-1999 11:28AM FROM 7e TO 15086624724 P.02
MEMORANDUM
one
TO: Bob Smith, Town Counsel
FROM; RALPH C. COPELAND
RM Procedural question re ZBA
DATE: August 121 1999
During the hearing on the Pemberaton case last night, a
procedural question arose which the -Board would like your opinion
on. E=ett requested we seek your opinion.
The case involved an appeal by an abutter from the refusal of the
Building Inspection to revoke a building permit in a case
involving a demolition and reconstruction.
The building inspector may have acted properly but for the wrong
reason. At issue may be the second and third exceptions in the
first paragraph of G.L. C. 40A $6.
The respondent owner may be filing a request (by way of a
"counterclaim for relief") in this case that the ZBA affirm the
denial and in addition, if need be, to make a special finding
under the third exception of $6. .
The procedural question is whether the Board can do so, (either
in response to the request or sua sponte) if it so finds, without
the respondent having filed a petition for such relief and giving
notice to the abuttors. The notice would go to the same persons
who received notice of the current petition.
A subsidiary question that it might be worthwhile your commenting
on is whether you see any problem in the ZBA affirming the denial
on different grounds from that which the Building Inspector may
have relied on. To complete the picture it appears the petitioner
is resting his case solely on the technicality that the razing
and rebuilding in a bigger footprint is not a reconstruction and ;
the building inspector lacked the authority to issue any building
permit for same.
The matter was continued to Sept I. If you wish any further input
or comment from me feel free to call me. Home office: 420-7200;
Wellesley 781 235 1020. I am in Wellesley generally Tues and
Thurs. Thanks.
p 0 d Town of Barnstable
Legal Department- Town Attorneys' Office
AUG 1 81999 367 Main Street,Hyannis MA 02601-3907
TOWN
WN O A 0 A PLE - Inter-Office Memorandum
MING Robert D.Smith,Town Attorney Office: 508-8624620
Ruth J. Weil,Assistant Town Attorney Fax: 508-8624724
Claire Griffen,Paralegal/Legal Assistant
Terri Cahalane,Legal Clerk
Date: August 18, 1999
To: EMMETT GLYNN, Chair, Zoning Board o eals
From: ROBERT D. SMITH, Town Attorney
Subject: Procedural Question re ZBA& Pemberton
Legal Ref. #
This is in response to a request from Ralph C. Copeland (Memorandum dated August 12,
1999) for an opinion regarding the hearing on Pemberton on 8/11/99.
Please be advised that this office is aware that the Pemberton matter presents questions which
are similar to those in the Dugas/Rudders matter. Judge Greene's option is to take a vote under
MGL 40A, s. 6; that is clearly possible, and I believe it is quite clear that there would be no
prejudice from proceeding on that basis at this time.
I would not dismiss the "Home Rule" approach, based on our ordinance; that is a position
which remains open to us even with respect to Dugas/Rudders.
I trust this is responsive to your request for an opinion. If more is needed, let me hear from
you.
RDS:cg
[zba\EG81899]
f
fra
Fj KILROY & WARREN, P.C.
ATTORNEYS AT LAW
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
August 25, 1999
Barnstable Zoning Board of Appeals D l5 Q
Town Hall
Hyannis, MA 02601 AUG 2 5 W9
RE: APPEAL NO. 1999-97 PEMBERTON TOWN OF BARNST
BOARD
Dear Board Members:
At the last meeting it was suggested that the Brodericks submit an application
to the Board in the nature of a counterclaim for relief. I understand that some of the Board
Members are concerned that the Board is limited by the nature of the current appeal to a
consideration of whether the Building Commissioner properly issued the building permit to
the-Brodericks.
In reviewing the Barnstable Bylaw and the Zoning Act (Chapter 40A) it seems to me that the
Board may make the determinations and findings that the Brodericks are requesting on its own
under the powers given to the Board by the provisions of M.G.L.c.40A, s. 14.
Section 14 gives the Board the power to hear appeals of the actions of the Building
Commissioner under section 8 and in so doing provides that "In exercising the powers granted
by this section, a board of appeals may, in conformity with the provisions of this chapter,
make orders or decisions, reverse or affirm in whole or in part, or modify any order or
decision, and.to that end shall have all the powers of the officer from whom the appeal is
taken and may issue or direct the issuance of a permit."
If the Brodericks were to file said "counterclaim", we are concerned that it would.raise
additional issues of notice and lack of fairness to the Pembertons in that they may be uncertain
as to how to address the "counterclaim".
It seems a far better course for the Board to take to exercise the broad powers it is given under
section 14 in reviewing and confirming the action of the Building Commissioner and the
Brodericks request that the Board so act.
Under the Barnstable Bylaw section 4-4.6 1) A), in cases of reestablishing nonconforming
structures destroyed by catastrophe, it is provided that the "reconstruction will
not........increase the footprint of the structure." A judicial rule of construction of the meaning
i
The Barnstable Zoning Bylaw (section 4-4.3-1A. and B.) empowers the Building Commissioner
to make the findings required therein as to alteration or expansion of a nonconforming
structure. The Building Commissioner makes findings under section 4-4.2 1),2),3) and 4) under
the Bylaw as well as under the fourth paragraph of G.L.c.40A, s. 6 as to the buildability for
residential purposes.
It seems logical that the same type of findings made by the Building Commissioner in the
preceding paragraph can be competently made by him under the second except clause of
G.L.c.40A,s.6 pars 1.
It is only under the situations where a measurement of the impact on the surrounding
neighborhood is required that the Board of Appeals is directed to make the findings described
in the sentence following the second except clause in G.L.c.40A,s.6 para 1 and in section 4-4.3
2) of the Barnstable Zoning Bylaw.
RESPECTFULLY SUBNHTTED,
ernard . Kilr y, Attorney for
John W. and Betty A. Broderick
cc: Gerald Garnick, Esquire
4
t � R
Garnick & Scudder, P. M
i ATTORNEYS AT LAW AUG 2 5 FA
32 MAIN STREET TOWN OF BARNSTABLE
POST OFFICE BOX 398 zONMG BOARD OF APPEALS
HYANNIS,MASSACHUSETTS 02601
GERALD S.GARNICK (508)771-2320 LOIS M. FARMER
JOYCE W.SCUDDER (508)771-3304(Facsimile) PAUL J.ATTEA
August 24, 1999'
By Hand Delivery
Emmett Glynn, Chairman
Town of Barnstable Zoning Bd. of Appeals
230 South Street
Hyannis, MA 02601
RE: Application of Robert C. Pemberton and Robert A. Pemberton
Property Address 141A Wianno Avenue
Map 140, Parcel 056
Appeal No.: 1999-97
Dear Mr. Glynn:
Please accept this letter in response to a question which arose during the hearing on the
Pemberton application for other powers on August 11, 1999.
At the hearing, the question arose as to whether the Board had the authority to issue a special
permit to the property owners, John A. Broderick and Betty Broderick, rather than merely ruling
on the request of the Pembertons for rescission of the building permit and enforcement of the -
zoning statute and by-laws with regard to the Broderick construction. We submit that this Board
does not have that authority under the application submitted to the Board by the Pembertons to
issue a special permit to the Brodericks.
We draw your attention to the Notice of Public Hearing under the Zoning Ordinance:
Robert C. and Robert A. Pemberton are requesting enforcement action and have
appealed the decision of the Building Commissioner to issue a building permit for
the construction of a new residence on an undersized lot where a previous
residence has been demolished. In a letter dated May 11, 19999,the applicants
requested the Building Commissioner to rescind the building permit for the
abutting property owned by John W. and Betty A. Broderick. In response, by
letter dated June 1, 1999, the Building Commissioner wrote, "The building permit
it in order and may stay in force." The property is shown on Assessor's map 140,
i
Parcel 056 and is commonly addressed as 141 A Wianno Avenue, Osterville, MA
in an RC Residential C. Zoning District.
j
The basis of the Pemberton application is that the Town of Barnstable Building Commissioner
did not have the authority to issue a building permit to the owner of a nonconforming structure
after the voluntary demolition of that nonconforming structure and that therefore the building
permit must be rescinded. Under the recent Land Court decision in Dugas v. Barnstable Zoning
Board of Appeals, Land Ct. Misc. No.: 246863, the Building Commissioner did not have the
authority to issue the permit. Because of the Building Commissioner's issuance of the building
permit notwithstanding the decision in the Du as case, and because of his refusal to rescind the
building permit after the Pemberton's request for zoning enforcement, the Pembertons are
requesting that the ZBA order the building permit be rescinded. The scope of the ZBA's
determination in this matter is very narrow. Did the Building Commissioner wrongfully issue
the building permit and,therefore, must it be rescinded. That issue has been answered by the
Land Court in-the D_ ugas decision and, we submit, unless and until that decision is overturned by
an appellate court, then this town is obligated to adhere to the currently articulated law. Failure
to do so, we suggest, would be arbitrary and capricious.
What is not procedurally before the Zoning Board of Appeals in this matter is any application by
the Brodericks for permission to reconstruct the original structure. Applications for special
permits under G.L. c. 40A, § 9 must be filed with the town clerk and the permit granting
authority and notice of hearings on such applications must be made in accordance with G.L. c.
40A, § 11.
There is no mention in the Notice of Public Hearing issued on the Pemberton application that a
special permit may be issued following hearing. Therefore, the abutters have not received
notification that such issues would be addressed. Failure to give abutters notice of the intended
action of the ZBA renders any such action invalid, Medeiros v. Bd. of Alderman of Woburn, 350
Mass. 767 (1966), and would deprive them of their due process rights to be heard on a
procedurally correct application.
For the foregoing reasons,the Pembertons request that this Board consider only the application
which is before it.
• I
Very truly yours,
GARNICK& SCUDDER, P.C.
Gerald S. Gamick, Esq.
Lois M. Farmer, Esq.
cc: Robert A. Pemberton
Robert C. Pemberton
I
To: Zoning Board of Appeals August 25, 1999
Fr: John & Betty Anne Broderick
Subj: 141 A Wianno Avenue, Osterville, Ma 02655
I am writing to the members of the Board to try to explain the
motives behind the actions the Pemberton's are taking here.
At the ZBA meeting of August 11th I submitted a copy of an
affidavit that I filed on July 3rd in an action by Helen Crosby-Mr
Robert A Pemberton's Mother In-Law, and Grandmother to Robert C
Pemberton. The point in submitting this document was so the Board
could clearly see why the Pemberton's are trying to block the construc-
tion of our home.
Our Permit was not issued without considerable review by both
Town Attorneys Ruth Weil & Robert Smith, Building Commissioner
Ralph Crossen, our attorney Mr Bernard Kilroy, and John Kenny
attorney for Bayside Builders who are constructing our home.
We did not make the decision to proceed with the construction
of our home lightly. We had considered waiting until June 30th for the
Boards decision in the Dugas/Rudders case. However we felt the Board
would uphold the Building Commissioners authority to issue that Permit
and in fact that is the decision you made. I am not an attorney, but it
would appear.to me if the Board did not uphold the Build Commis-
soner's authority to issue the Building Permit on my home it would be a
direct contradiction of the*decision you made on June 30th.
The Pemberton's actions are nothing more that a personal
vendetta against my wife and I because we did not want to sell our
property to Robert C Pemberton.
The Pemberton"s have done exactly what they threatened to
do on March 27th .( as stated in my July 3,1999 Affidavit ). They have
tied us legally, and are using the ZBA for their own purposes. They
began construction of a fence around our property on August 12th
4
n
only hours after the ZBA Meeting of August 1 Ith.
Their actions have delayed the construction of our home by 4 additional
months, cost us thousands of dollars in attorneys fee's, we have had to incurr 4
additional months rent, and storage of our furniture for 4 additional months,and
we will now have to pay a higher interest rate on our mortgage because of the de-
lays caused by the Pemberton's. Please put a stop to this nightmare that my wife
and I have been subjected too since the 27th of March. The stress, mental an-
guish, sleepless nights, and the suffering can not be measured by you. The Pem-
berton's have taken what should have been a very joyful time in our lives and
turned it into a nightmare. They have stolen the joy out of building our retirement
home.
We love Osterville, and can live there very happily with the rest of our
friends and neighbors. Please do not let this go on any longer.
Very Truly Yours,
7
John W. Broderick
Betty Anne Broderick
. 2Qe G�zrne�
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALSfit
Im
DATA
To: Zoning Boards of Appeals August 25,1999
Fr: John&Betty Anne Broderick
Subj: 14.1A Wianno Avenue, Osterville Ma.
The following is an addendum to my letter of August 25th., to
help clear up any confusion concerning my-property, and the sur-
rounding properties. I am enclosing copies of Field Cards for all the
abbuters that directly boarder on my property.
As you can see'Robert A Pemberton's property contains
3,629 square feet of living space, Robert C. Pemberton's property
contains 2,694 square feet, Shirley Crosby's contains 1,088 square
feet, and Peter-& Gail Trafton's contains 1,368 Square feet.
My home is 2024 square feet on the main level with an addi-
tional 498 square feet in the basement that we will be using as a TV
gameroom. As you can see my home is smaller than both of the Pem-
beton homes, and larger than the other two homes. So I believe one
could say-that my home fits in with the neighborhood.
I am also enclosing pictures of all.of the respective homes,
plus a current picture of my own home.
If you have any questions I am sure we can review it at the
meeting on September 1, 1999.
M
'ck
oderick
DRAFTTOWN OF BARNSTABLE - ZONING BOARD OF APPEALS
Excerpts from the minutes of August 11,1999
Appeal Number 1999-97 Pemberton
Board Members hearing this appeal were Gene Burman,Ron Jansson,Richard Boy,Ralph Copeland,and Chairman
Emmett Glynn. Attorneys Gerald Garnick and Lois M.Farmer represented the applicants,Robert C.Pemberton,
Robert A.Pemberton,who were present. Attorney Bernard T.Kilroy,represented John W.and Betty A.Broderick,
the owners of the property in issue,who were also present. (For the record: Board Member Tom DeRiemer was
originally assigned to hear this case. He reported that he and Mr.Broderick,on occasion,are tennis partners.
Attorney Garnick objected and Mr.DeRiemer stepped down.)
Attorney Gamick told the Board the issue is not a reconstruction. Mr.Garnick reviewed the certified plot plan
dated July 14, 1999. He said it does not show the garage coming all the way out to the driveway. He stated he does
not think the certified plot plan is accurate.
The site itself is a series of lots that almost looks like one big lot. There are no distinguished lot lines when looking
at the area so it gives the appearance of one big complex rather than separate lots.
The original house on the lot in issue was 676 square feet according to the Assessor's Card. The application for a
building permit lists the proposed structure as 2,024 square feet. The basement will consist of 468 square feet of
finished area and 1556 square feet of unfinished area. The new home is four times the size of the previous home.
In Attorney Garnick's opinion,you can not demolish a building on a nonconforming lot and then be allowed to
build anything that you want. To do so would be to create two different types of landowners. One being,the
landowner who owns a piece of property today which meets the one acre zoning,and one being a landowner who
can just.knock down his house and put up a brand new house with no consideration for one acre zoning. Mr.
Gamick said this is wrong and unfair. This house is not a reconstruction. It is a brand new house on less than one
acre and it should not be allowed.
The appeal before the Board is an appeal of the Building Commissioner by the abutter to the property in issue. The
abutter asked the Building Commissioner to revoke the building permit on the neighboring lot,and he refused.
There is no application on file from the homeowner under MGL Chapter 40A,Section 6 for special findings.
Attorney Garnick did not think the applicant could request a special finding. Attorney Gamick stated that Judge
Greene[the Land Court Judge in the case of Dugas v.Burman]has ruled a house on a nonconforming lot is a
nonconforming house. To knock down a house and put up another one is an illegal act. Attorney Gamick stressed
that you can not knock down the house and rebuild. Everything is brand new. There is nothing left from the other
structure. Mr.Gamick stated that you can not separate the structure from the lot.
Attorney Gamick stressed when you knock down the house on this nonconforming lot-the lot is no longer
buildable. It is now a vacant undersized nonbuildable lot.
.The Board disagreed with Mr.Garnick's interpretation. The lot is nonconforming(because it is undersized)and''
they feel the.lot is grandfathered under zoning and buildable
Attorney Farmer addressed the Board. She stated that Judge Greene's Decision has ruled that the town's
nonconforming lot provision of the Zoning Ordinance does not apply to this lot because there had been a structure
on the lot. This lot was an undersized lot with a nonconforming structure on it. She said that you have to
distinguish between a nonconforming lot(which is a vacant lot)and a lot that was conforming at the time the
structure was built on it. When the zoning changes-the entire entity is nonconforming. If the structure is removed
you still have an undersized lot-but not a nonconforming lot. She said that Judge Greene has stated that the
structure has to be identified with the lot. Then all that can be done is a reconstruction of the original structure.
Next Ms.Farmer stressed the reconstruction has to be within(or reasonable within)the same footprint.
The Board asked why a house could not be built on the lot once it becomes vacant. Ms.Farmer replied that if the
lot had always been vacant you could build on it. But,you can not build on a lot when it becomes vacant if it
previously had a house on it.. She said you can not separate the house and the lot.
f.- �
Attorney Farmer stated that in the Dugas Case,Judge Greene has stated that if the town's bylaw does not allow this
rebuilding,the owner must apply for special findings(under Chapter 40A,Section 6)saying they are reconstructing
-but-in this case(the Broderick house)they are not reconstructing the previous structure. Ms.Farmer is of the
opinion that because this is not a reconstruction,you can not go to the second part of Judge Greene's decision which
talks about whether the structure is more detrimental. This is not a reconstruction because it is three times bigger
than the original footprint.
The Board did not agree with Attorney Farmer's interpretation. Plus,the footprint isn't there anymore. The Board
reminded Attorney Garrick that Judge Greene's Decision is a Land Court decision only. Plus,that decision is on
appeal in the courts. The Board was also concerned because Judge Greene did not allow for the home rule statute
and our Zoning Ordinance does provide for nonconforming lots(under Section 4-4.2). The Board felt the
nonconforming section of our ordinance allows for a nonconforming lot to be built on-whether it is a
reconstruction or a new structure.
Attorney Gamick stated that Judge Greene did allow for home rule and he dismissed it. Attorney.Farmer said the
.town's Zoning Ordinance does not make a provision for reconstruction. Therefore,you must go to the statute.
The Board again stated they do not agree with Judge Gree`ne's Decision.�That is back in court.-He has not given
precedence to home rule and there are many court cases to substantiate home rule_. It is the intention of Section 4-
4.2 of the Town of Barnstable Zoning Ordinance to honor nonconforming lots."
Again,Attorney Garrick stressed that once the entire structure is knocked down,you have anew lot. Mr.Gamick
believes you must have a Special Permit if you want to build a house outside the same footprint. The Special Permit
is there to protect the nonconformity aspect of the house and the lot. Attorney Gamick indicated the owners
forfeited their rights to expand or alter by ripping down the structure. The Board did not agree with Attorney
Gamick's interpretation.
Attorney Kilroy,representing the owner of the property in issue,addressed the Board. He had previously filed a
memorandum to the file in response to this appeal. For clarification,Attorney Kilroy stated there is something on
the lot-it is not vacant. They had started(under a valid permit)to construct their house.
There is a companion action in Land Court by the Pembertons against the Brodericks. Attorney Kilroy read into the
record the affidavit submitted to the courts by John and Betty Broderick. Attorney Kilroy reviewed the history of
the lot. The information is contained in his memorandum.
Attorney Kilroy discussed Section 6 of MGL Chapter 40A. The Board discussed whether they could make Section
6 findings,if there is no application before them. Attorney Kilroy stated that under the remand of the Dugas Case,
Judge Greene allows for it. Attorney Kilroy believes the Board has the power,as the permit granting authority,to
make findings under Section 6 if they deem it necessary. But if the Board finds that the structure does not increase
the nonconformity,then any structure on the lot would be allowed and the Board could uphold the Building
Commissioner. Attorney Kilroy interprets Judge Greene's Decision to mean the nonconformity of the structure is
informed by the nonconformity of the lot. But Attorney Kilroy does not agree with it. He agreed with the Board
that the Local Zoning Ordinance can be more permissive than the statute.-The Town's Zoning Ordinance allows for?
f the building on a nonconfoming lot. - -
Attorney Kilroy stated the owners are staying within the current setbacks so there is no intensification of the
nonconformity. There is no nonconformity being intensified. The lot did not change in size.
The Board discussed the definition of reconstruction. Black's Law Dictionary defines"reconstruction"as "An act
of constructing again. It presupposes the nonexistence of the thing to be reconstructed,as an entity;that the thing
before existing has lost its entity. Based on that definition-the house being built by the Brodericks is a
"reconstruction".
Attorney Kilroy cautioned the Board to look at the entire case-not just certain sections-when looking at court
cases for comparisons.
Gloria Urenas read into the record a memorandum from the Building Commissioner dated August 11, 1999. The
memo discusses the issue of razing and rebuilding on an undersized lot. The memo was submitted to the file.
r
A
For the record,the old footprint was 676 square feet and the new footprint is 2,024 square feet.
Attorney Garrick stated the Building Commissioner can not issue a building permit under these circumstances.The
people who are building the house must go to the Zoning Board of Appeals pursuant to a Special Permit to build on
the lot once the house has been razed. Attorney Gamick does not feel the Board has the right to make a special
finding under these circumstances because the owner of the house did not apply for that relief.
The Board felt that since the Decision in the Dugas Case by Judge Greene is back in court,and may be overturned,
they should not rely totally on that decision.
There was a concern about whether the Board was acting outside of their authority because an application for
special findings was not before them. They discussed the 2nd and 3rd"except'clauses of Section 6. Board
Member Ralph Copeland stated he will write a memorandum to the Legal Department seeking their opinion as to
whether the Board can make a special finding under Section 6 without the owner(who is not the applicant in this
case)having requested the Board to do so under the auspices of a Special Permit application.
Board Member Gene Burman asked that this appeal be continued as he was not prepared to vote tonight. Ron
Jansson agreed this is a complex issue to grasp. Attorney Kilroy agreed to a continuance. Attorney Garrick told the
Board that his client(Mr.Pemberton)would not sign an extension form. Therefore,the Decision of the Board must
be filed by September 25, 1999. In order to comply with all-time frames-this appeal can not be continued beyond
the beginning of September.
The Board asked Attorney Kilroy to look into the idea of submitting a request to the Board to make special findings
under Section 6.
Appeal Number 1999-97 is continued to September 01,1999 at 9:00 PM
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The Town of Barnstable
116A39.. `0�' Department of Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-90-6230 Building Commissioner
TO: Gloria Urenas
FROM: Ralph Crossen,Building Commissioner
RE: 141A Wianno Avenue,Osterville
DATE: August 11, 1999
The issue here is whether I can issue a raze and rebuild permit on an undersized lot with a house on it.
Attorney Gamick is of the opinion that if a house such as this is razed,it is suddenly an undersized lot and
somehow forbidden from being considered as a grandfathered lot under Chapter 40A, Section 6. I
disagree.
First,I refer to the language of Section 4-4.3 (1)A&B which allows alterations and expansions provided
all dimensional requirements are met. This is the situation in this case.
Secondly,I refer to Section 44.2(1)A-D which provides for grandfathered lots.
Lastly,I would refer to Section 44.8 which limits re-establishment in cases where buildings or uses have
been abandoned or unused for 3 years.
To take the position that the lot is not eligible for grandfathered protection and not eligible for protection
within 3 years suggests that one can only live in a tent out there-a position that defies logic all together.
The case quoted(Dugas)was a case with similar facts and a case with which the Zoning Board agreed with
me. The Dugas case is still tied up in Court. Until it is finally adjudicated,I would respectfully suggest
that looking at the Land Court result which is the subject of the appeal would be wrong.
It makes good common sense that one should be able to re-construct a house which is substandard. It
makes no common sense to force the owner to save a section of the house,which may not be structurally
sound,just so that it is technically a renovation and not a new build. I have been involved in efforts in
other Towns trying to come up with language to delineate between a new build and a renovation. It is
nearly impossible(i.e., 10%of floor system?5%of walls?cubic feet?Square feet?weight?). Ultimately
Towns end up throwing up their hands and leaving it up to the Building Inspector to decide-a wise
conclusion.
Whenever an effort is made to force a Bylaw or Ordinance to do this,it runs afoul of Ch.40a,Section 3:
"No zoning ordinance or bylaw shall regulate or restrict the use of materials,or methods of construction of
structures regulated by the State Building Code."
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Town of Barnstable
Planning Department
Staff Report
Appeal Number 1999-97-Pemberton
Appeal of the Building Commissioner and Request for Enforcement Action
Date: August 03, 1999
To: Zoning Board of Appeals
From:
Approved By: Robert P. Schernig, AICP, Planning Director
Reviewed By: Art Traczyk, Principal Planner
Drafted By: Alan Twarog, AICP, Associate Planner
Applicants: Robert C. and Robert A. Pemberton
Property Address: 141A Wianno Avenue, Osterville
Assessor's Map/Parcel: Map 140, Parcel 056
Area: 0.30 acre
Zoning: RC Residential C Zoning District
Groundwater Overlay: AP Aquifer Protection District
Filed:June 17, 1999 Hearing:August 11, 1999 Decision Due:September 25, 1999
Background:
The property that is the subject of this appeal is a 0.30 acre lot commonly addressed as 141A Wianno
Avenue, Osterville. The owners of this property, John W. and Betty A. Broderick, have been issued a
building permit(Permit No. 37497)to demolish the previously existing single-family residence on this site
and a building permit(Permit No. 38134)to build a new single-family home. The old dwelling has since
been demolished and construction of the new residence has begun. At this point in time, the foundation
has been poured and a substantial portion of the exterior of the structure has been completed.
The applicants are abutting property owners. Robert A. Pemberton is part owner of and resides at 125
Wianno Avenue(Map 140, Parcel 021), which abuts the subject property to the north. Robert C.
Pemberton is part owner of and resides at 135 Wianno Avenue (Map 140, Parcel 057), which also abuts
the subject property to the north. The applicants are appealing the decision of the Building Commissioner
to issue a building permit for the construction of a new residence on the subject site, which is an
undersized lot. In a letter dated May 11, 1999, the applicants requested the Building Commissioner to
enforce the Town of Barnstable Zoning Ordinance with regard to the Broderick property and to rescind the
building permit. They contend that the construction of a new and larger dwelling on the subject property
after the voluntary demolition of the previous cottage is not permitted by the Town's Zoning Ordinance
and is not authorized by MGL Ch. 40A, Section 6, paragraph 1, second except clause. In response, by
letter dated June 01, 1999, the Building Commissioner wrote"I don't agree with your argument nor your
citations of cases in support of your argument. The building permit is in order and may stay in force."
The applicants are requesting enforcement action by the Zoning Board of Appeals to enforce the Town of
Bamstable Zoning Ordinance and order that the building permit for the Broderick construction be
rescinded.
Staff Review:
The subject site is located in an FtC Residential Zoning District which requires a minimum lot area of one
acre, and a minimum 20'front yard, 10' side yard and 10' rear yard setback. It is currently nonconforming
with regard to the minimum lot area being only 0.30 of an acre(approximately 13,375 sq. ft.). According
to assessor's records the previous cottage was built in 1962. At that time, the property was within an RB
Residential Zoning District which only required a minimum lot area of 10,000 sq. ft. In 1966, the property
•S
Town of Barnstable-Planning Department-Staff Report
Appeal Number 1999-97-Pemberton
Appeal of the Building Commissioner and Request for Enforcement Action
was rezoned to an RC Zoning District to increase the minimum lot area to 15,000 sq. ft. (ATM 3/14/66,
Art. 37). In February of 1985, the minimum lot area was increased to one acre(STM 2/28/85, Art. 1).
As the Board is aware, this case is very similar to the Dugas appeal (Appeal No. 1998-37). In that case,
the Board upheld the decision of the Building Commissioner to issue a building permit for the demolition of
an existing residence and the construction of a new residence on an undersized lot. The Board found that
the lot was a legal nonconforming lot under the Town's Zoning Ordinance, and that the existing structure
currently conforms to the bulk regulations of the Zoning Ordinance and, therefore, no zoning relief was
necessary prior to the issuance of a building permit. The petitioners appealed this decision to the
Massachusetts Land Court(Land Court Misc. No. 246863). The Court annulled the Board's decision after
concluding it was based on a legally incorrect premise and rendered a decision for Summary Judgment
and Order of Remand in favor of the petitioners. The court concluded that"an otherwise conforming
structure on a nonconforming lot is treated as a nonconforming structure."
In accordance with the terms of the Court's decision, the Board was required to determine whether the
new dwelling is a"reconstruction"as that term is used in the"second except"clause of the first sentence
of MGL Ch. 40A, Section 6. The Court ruled that the reconstruction may be allowed if the Board finds that
(1)the proposed new dwelling does not intensify the alleged nonconformity, or(2) (if it does intensify the
nonconformity), the proposed new dwelling would not be substantially more detrimental to the
neighborhood than the former dwelling.
At the remanded hearing, the Board reaffirmed the decision of the Building Commissioner. The Board
found that the Town of Barnstable Zoning Ordinance does not define the term"reconstruction" but it is the
customary use of what that term means to the Zoning Board of Appeals which is governing. Black's Law
Dictionary defines"Reconstruction"as"An act of constructing again. It presupposes the nonexistence of
the thing to be reconstructed, as an entity; that the thing before existing has lost its entity." The Board
found that this definition is what the Town of Barnstable and the.Zoning Board of Appeals has adopted in
the past and that reconstruction imposes the rebuilding of a structure at least similar to what existed on
the site previously, as well as the use. The Board also found that the proposed reconstructed dwelling is
not substantially more detrimental to the neighborhood and that the present structure as it exists, complies
with the Zoning Ordinance, so there is no increase in the nonconformity because there is no
nonconformity (see attached copy of Decision and Notice).
In the present case, the former dwelling consisted of a 2 bedroom, one-story building of approximately
676 sq. ft., according to assessor's records dated 08/03/99. The new dwelling is a 3 bedroom, one-story
building of approximately 2,024 sq. ft., according to the building permit application. The new dwelling
meets setback requirements, as did the previous dwelling, but has a significantly larger building footprint
than the previous dwelling.
Staff suggests the Board first make a finding on whether or not the new dwelling is a reconstruction as
that term is used in the"second except'clause of the first sentence of MGL Ch. 40A, Section 6. If the
Board finds that the new dwelling is a reconstruction, the Board should then make a finding on whether or
not the proposed new dwelling intensifies the alleged nonconformity and if it does,would it-be
substantially more detrimental to the neighborhood than the former dwelling.
Attachments: Application Copies: Petitioners/Applicants
GIS Map
Assessor's Field Cards
Exhibits 1 -5
Subdivision Plan
Plot Plans
Elevations and Floor Plans
Decision and Notice for Remand of Appeal No. 1999-37
2
THE ZONING RELIEF BEING SOUGHT HAS
BEEN DETERMINED By THE ZONING h(�
TOWN OF HARNSTABLS ENFORCEMENT OFFICER TO - Pt
F - BE APPROPRIATE Zoning Board of "Appeals HE GIVENTHESE y,�&-
lication for Other Powers CIRCUMSTANCES,
F.7
te Receivedl T. For. office u only:
wh 'Cle'r"k'f�of �e Appeal # -
Hearing Date
i E,," :,,_.Ji;; iBLE Decision Due j :A-3
'gri4w,i : f gpPEAL
The undersigned hereby applies to the Zoning Board of Appeals for the reasons
indicated:
Robert C. Pemberton
Applicant Name: Robert A. Pemberton , Phone c/o (508) 77lZ=o
Applicant Address: %zald S. Garnick, Garni:ck '& Scudder, P.C. ,P.O. Box 398,Hyannis,
Property Location: Robert C. Pemberton, 135 Wianno Avenue, Osterville'
-Robert A. Pemberton, 125 Wianno Avenue, Osterville
This is a request for:
kk Enforcement Action
[] Appeal of Administrative officials Decision
[] Repetitive Petitions
g$ Appeal from the zoning Administrator
[] other General Powers .Please specify:
Please Provide the Following Information (as. applicable)s
Property owner:
John A. and Betty Broderick Phone Unknown
173 Sierra Vista Avenue Apt.]
Address of Owner: 141 A Wianno Avenue Oct rv'j11P ;n MA or mniinta Chow, ( A-4468
If applicant dSffers from owner, state nature of interest:
Applicants are abutters of the owner and agrieved by decision '
of zoning administrator
Assessor's Hap/Parcel Number Map 140, Parcel 056
Zoning District RC
Groundwater overlay District
Which Section(s) of therzoning ordinance and/or of HGL Chapter 40A are you
appealing tti the Zoning Board of Appeals? Barnstable Zoning By-Law 4-4.3, MGL 40A
section 6 paragraph 1.
**
Existing Level of Development of the Property - Number of Buildings:
Present Use(a) : ** Gross Floor Area: ** sq. ft.
**Pre-Existing noncor ormipg building on undersized lot has been demolished by
permit. A new building has issued for the construction of a new housC on a'significantly
larger foot print.
Application for other Powers
Nature 6 Description of Request: See Attachment A.
Attached separate sheet If needed.
Is the property located in an Historic District? Yes [] No-- IN]
If yes OKH Use only:
Plan Review Number
Date Approved
Is the building a designated Historic Landmark? yes'. [j No [�
Zf yes Historic Preservation Department Use only:
Date Approved
Has a.building permit been applied for? Yes No-1W
Has the Building Inspector refused a permit? Yes [] No III
Has the property been before site Plan Review?. Yes [] No k]
For Building Department Use. only:
Not Required - single Family []
Site Plan Review Number
Date Approved
Signature: :
The following information must be submitted with the application at the
time of filing, failure to supply this may result in a denial of your .
request:
Three (3) copies of the completed application form, each with
original signatures.
Three (3) copies of all attachments as may be required for standing
before the- Board and for clear understanding of your appeal.
The applicant mayM submit any additional supporting documents to
assist the Board in making. its determination.
signature: Aalm 222, Date: !
Applicant or Agent's Signature:
P.O. Box' 398, 32 Main Street, Hyannis (508) 771-2320
:
Agent's Address ' Phone:
(508) 771-3304
Fax No.
PEMBERTON APPLICATION FOR OTHER POWERS
ATTACHMENT A
The applicants Robert A.Pemberton and Robert C. Pemberton request that the Town of
Barnstable Zoning Board of Appeals enforce the Zoning Ordinances of the Town with regard to
the abutting property owned by John W. Broderick and Betty A.Broderick at 141 Wianno Ave,
Osterville,Town of Barnstable Map.140 Parcel 056.
In or about late March 1999,the existing cottage on the Broderick property was voluntarily
demolished. The demolition permit was apparently not issued until April 1, 1999. (Exhibit 1).
Subsequently the Brodericks obtained a building permit for the construction of a new and
substantially larger house on the property. (Exhibit 2). A copy of the Certified Plot Plan as was
obtained from the Building Commissioner's file is attached hereto as Exhibit 3. It is clear from
htis plan that the new construction is on a substantially larger footprint than the original cottage.
It is our understanding that the original cottage was a nonconforming structure as it was located
on an undersized substandard lot
By letter dated May 11, 1999 to Ralph Cross,Building Commissioner and Zoning
Enforcement Officer,these attorneys requested on behalf of the Pembertons that the Zoning
Ordinances be enforced as to the proposed construction and that the building permit be
rescinded. (Exhibit 4). By letter dated June 1, 1999,Ralph Crossen denied the Pembertons'
request for enforcement (Exhibit 5).
The Pemberton assert that the construction of a new and significantly larger dwelling on the
Broderick substandard lot after the voluntary demolition of a nonconforming cottage is not
permitted by the Town of Barnstable Zoning Ordinances,and is not authorized by G.L. c. 40A, §
6,11, second except clause. Dugas v: Berman, Land Court Misc.No.: 246863 (1999).
Under the Du as decision,the Land Court determined that the Town of Barnstable Building
Commissioner was not authorized under 4-4.3 of the Barnstable Zoning Ordinance to issue a
building permit under virtually identical circumstances where a nonconforming structure is
voluntarily demolished and a new structure is proposed to be built The Land Court further
determined that a building permit may only be issued under G.L. c. 40A, § 6,11,second except
clause, if the proposed new construction is actually a"reconstruction" of the original dwelling.
Under applicable case law,the new construction is to be deemed a "reconstruction" only if it is
placed on the same footprint and contains the same dimensions, including.length,width,
height and living space dimensions. Berliner v. Feldman, 363 Mass. 767 (1973); Lomelis
v. Board of Anneals of Marblehead 17 Mass. App. Ct 962(1983);Dykens v. Gordon.
Land Ct. Misc. #238329, at 127 (Dec. 1998). Deviation from the original footprint and
dimensions is only possible where such deviation is required to bring the new dwelling
into compliance with building codes. Lomelis.
The construction plans submitted by the Brodericks demonstrate that the proposed construction
is not a reconstruction of the original cottage. Accordingly,the new construction is not
authorized by either the Barnstable Zoning Ordinances or by G.L. c. 40A, § 6,11, second except
clause. Thus, the building permit should not have been issued.
The Pembertons request that you enforce the Town of Barnstable Zoning Ordinances and order
that the building permit for the Broderick construction be rescinded.
. . �: The Town of Barnstable
Department of Health Safety and Environmental Services
Ib Building Division.
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
June 1, 1999
Lois M.Farmer,Esq.
Gamick&Scudder,P.C.
32 Main Street
Post Office Box 398
Hyannis,MA 02601
RE: Your correspondence dated May 11, 1999
141A Wianno Ave.
Map 140 Parcel 056
John W.and Betty A.Broderick
Dear Attorney Farmer:'
. I
j I don't agree with your argument nor your citations of cases in support of your argument. The building
permit is in order and may stay in force.
Sincerely,
Ralph M.Crossen
Building Commissioner
RMC/cah
g990510a
i
Garnick & Scudder, P.C.
ATTORNEYS AT LAW
32 MAIN STREET
POST OFFICE BOX 399
HYANNIS,MASSACHUSETTS 02601
GERALD S.GARNICK (508)771-2320 LOIS M. FARMER
JOYCE W.SCUDDER (508)771-3304(Facsimile) PAUL J.ATTEA
May 11, 1999
CERTIFIED MAIL NO.: P 339 525 717
RETURN RECEIPT REQUESTED
Ralph Crossen,
Building Commissioner and Zoning Enforcement Officer
Town of Barnstable
367 Main Street
Hyannis, MA 02601
RE: 141A Wianno Ave.
Map 140 Parcel 056
John W. and Betty A. Broderick
REQUEST FOR ZONING ENFORCEMENT
Dear Mr. Crossen:
This office represents Robert A.Pemberton and Robert C. Pemberton with regard to abutting
property owned by John W. Broderick and Betty A. Broderick at 141 Wianno Ave, Osterville,
Town of Barnstable Map 140 Parcel 056. By this letter,the Pembertons request that you enforce
the Town of Barnstable Zoning Ordinances with regard to the Broderick property.
The Pembertons assert that the construction of a new and significantly larger dwelling on the
Broderick lot after the voluntary demolition of a nonconforming cottage is not permitted by the
Town of Barnstable Zoning Ordinances,and is not authorized by G.L. c. 40A, § 6,¶ 1, second
except clause. DuRas v. Berman, Land Court Misc. No.: 246863 (1999). Under the Dugas
decision,the Land Court determined that the Town of Barnstable Building Commissioner was
not authorized under 4-4.3 of the Barnstable Zoning Ordinance to issue a building permit under
virtually identical circumstances where a nonconforming structure is voluntarily demolished and
a new structure is built.'The Land Court further determined that a building permit may only be
issued under G.L. c. 40A, § 6,¶ 1, second except clause, if the proposed new construction is
actually a"reconstruction" of the original dwelling. Under applicable case law,the new
construction is to be deemed a "reconstruction" only if it is placed on the same footprint and
contains the same dimensions, including length, width, height and living space
r
dimensions. Berliner v. Feldman. 363 Mass. 767 (1973); Lomelis v. Board of Appeals of
Marblehead, 17 Mass. App. Ct. 962 (1983); Dykens v. Gordon, Land Ct. Misc. # 238329,
at 127 (Dec. 1998). .Deviation from the original footprint and dimensions is only
possible where such deviation.is required to bring the new dwelling into compliance with
building codes. Lomelis.
The construction plans submitted to you by the Brodericks demonstrate that the proposed
construction is not a reconstruction of the original cottage. Accordingly, the new construction is
not authorized by either the Barnstable Zoning Ordinances or by G.L. c. 40A, § 6,11, second
except clause. Thus, the building permit should not have been issued.
For the foregoing reasons,the Pembertons request that you enforce the Town of Barnstable
Zoning Ordinances and that the building permit be rescinded forthwith.
Very truly yours,
GARTIICK& SCUDDER, P.C.
�Q_ off,,,, � �.Q�✓
Gerald S. Garnick, Esq.
Lois M. Farmer, Esq.
cc: Robert A. Pemberton
Robert C. Pemberton
Bernard T. Kilroy, Esq.
John W. Kenney, Esq.
KILROY & WARREN, P.C.
ATTORNEYS AT LAW r
67 SCHOOL.STREET
BERNARD T. RILROY P.O. BOX 960 BANKRUPTCY COUNSEL
LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILUNGHAM
TELEPHONE (508) 771-6900
TELEFAX (508) 775-7526
April 30, 1999
Ralph Crossen
Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: Assessor' s Map 140, Parcel 56
141A Wianno Avenue
Osterville, MA
Dear Mr. Crossen:
This office represents John W. Broderick and Betty A.
Broderick, the owners of the above property, who have filed an
application for Building Permit to construct a single family
residential dwelling on the above described lot .
In my opinion the Brodericks are entitled to a Building Permit
under the provisions of 4-4 .2, non-conforming lots : 1) separate lot
exemption.
Enclosed are copies of the deed from Shirley C. Crosby to
George E. Gregson et ux of the property shown as Lot 1 on a plan
prepared for Shirley Crosby and recorded in Plan Book 172 , Page 99,
a copy of which is enclosed, copy of a deed from Mary J. Gregson to
Donald A. Gregson of the property, recorded in Book 4297, Page 313 ,
and finally copy of a deed from Donald A. Gregson to the
Brodericks, recorded on June 30, 1995 in Book 9732, Page 296 .
On the date of the original conveyance from Crosby to the
Gregsons the lot was in a RB Zone requiring 10, 000 square feet, 20
feet of frontage, 100 foot width and a 20 foot setback and 10 foot
side and rearyard.
The 1969 Zoning Map changed the area to RC requiring 15, 000
square feet, with the named dimensional requirements the same as
the old RB Zone. At all times from the date of the original deed
from Shirley Crosby to the Gregsons in 1962 to the current day, the
lot has been in ownership separate from adjoining land.
1
If you need any further information please feel free to
contact me.
S 'ncere ,
erna "d T, Kilroy
BTK:bb
cc : John Kenney
I
: . . . The Town of Barnstable
KU ' Department of Health Safety and Environmental Services
" Building Division
367 Main Street,Hyannis-MA 02601
Office: 508-8624038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
April 7, 1999
Garnick&Scudder,P.C.
Attorneys at Law
32 Main Street
P.O.Box 398
Hyannis,MA 02601
1
j Dear Mr.Gacmick,
You mentioned in your April 4, 1999 letter that you were in my office on March 30, 1999 and viewed the
Building Permit application for 141A Wianno Avenue in Osterville. After our Town Attorney notified us
that you had called them to report that the building was already taken down,we noticed that the permit had
still not been issued. We contacted the builder and informed him of the problem and recommended that he
follow through with the permit to RAZE the building after the fact and we issued that permit on Friday.
As far as whether or not I may issue a permit to RAZE and rebuild a home on a new non-conforming lot,
that is a zoning determination that is my decision to make and I will make it at the appropriate time.
+ Sincerely,
Ralph Crossen
Building Commissioner
RC/sc
g040799b
1
Garnick & Scudder, P.C.
ATTORNEYS AT LAW
32 MAIN STREET
POST OFFICE BOX 398
GERALD S.GARNICK HYAWS,MASSACHUSETTS 02601 LOIS M.FARMER
JOYCE W.SCUDDER (508)771-2320 PAUL J.ATTEA
FAX:(508)771-3304
April 4, 1999
Ralph Crossen,Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: John and Betty Broderick
141A Wianno Avenue, Osterville
Our File No. 15581
Dear Mr. Crossen:
I am writing to you on behalf of Rob and Robert Pemberton of Wianno Avenue in
Osterville concerning planned construction by the Brodericks on their property.
On Tuesday, March 30, 1999 at approximately 11:30 a.m. we were at your office and
were'informed by a clerk that the application of Mr. Broderick for a demolition permit
and a building permit for his property located at 141A Wianno Avenue in Osterville had
not yet been issued. On behalf of the Pembertons we are hereby informing you that it is
our opinion that you do not have the authority to grant a building permit to the Brodericks
because it is our understanding that the zoning on Wianno Avenue is one acre and at the
present time the Brodericks' property is less than one acre.
Should you have any questions concerning this matter and should you forward it to the
Town Counsel, we would be more than willing to discuss this matter with you and/or
Town Counsel.
Thank you for your courtesy and cooperation in this matter.
Very truly o s
G DER, P.C.
G S. Garnick
GSG:pr
cc: Robert A. Pemberton
Robert C. Pemberton
TOWN OFBARNSTABLE BUILDING PERMIT APPLICATION EXHIBIT
Map /yL4 Parcel AS6 Permit# 377 9
Health Division g��� ��� -�/.12 Date Issued '9
Conservation Division 31lu `lh / Fee S^o Q r
Tax Collect
Treasu r INSTALLED IN COL;FLIANCE p
Planning Dept WITH TITLE 6
ENVIRONMENTAL CODE A
Date Definitive Ian roved by Planning Board TOWN REGLRATICX3
Historic-OKH Preservation/Hyannis
Projed'StreetAddress LVIA lid 1441
Village OSTF�t✓14-445
Owner 7W l3r20P1 xicw Address C/ 4611y5/bE _64& '.
Telephone -7 /— �D
o tc'K .r i
Permit Request
Square leek tsi floor existing proposed 2nd floor existing proposed Total new t
Estimated Project Cost ON 320 Zoning District EC Flood Plain C Groundwater Overlay 49/'
-Construction Type WOOL) fR RMd:'
Lot Size /3. 3 7S Grandlathered: EI Yes O No If yes,attaeh supporting documentation.
Dwelling Type: Single Family Wr Two Family O Multi-Family(fi units)
Age of Existing Structure AIOU/ Historic House: O Yes 3Vo On Old Kings Highway. ❑Yes aKoo
Basement Type: G Fug O Crawl ❑Walkout O Other
Basement Finished Area(sq.(t.) - y(o Basement Unfinished Area(sq.ft).
, Number of Baths: Full:existing new Half:existing new
Number of Bedrooms: existing new —
Total Room Count(not including baths):existing now/ First Floor Room Count to
• •_Heat Type and Fuel: Wcl/Gas 0011 ❑Electric O Other
Central Air. E Yes O No Fireplaces:Existing New Existing wood/coal stove: O Yes "o
Detached garage:O existing O new size Pool:O existing O new size Bam:O existing O new size
Attached garage:O existing 3new sae RI. Shed:O existing O new size Other
COPYA31M.
Zoning Board of Appeals Authorization O Appeal fl Reco Maloney, o ry Pu61fc
�ommiasion expires?J2g/Z�
Commercial O Yes " If yes,site plan review#
Current use REs/DE•VC Proposed Ilse X—0S/DE,vex
BUILDER INFORMATION
iName I Y.Si be AL 0C /NC Telephone Number 7 7/ - t O VO
Address b 0 X 9� License fi_ 00 S6 9
C c4lX4✓1"IE Home Improvement Contractor li
Worker's Compensation N lC Q 009 19/ 1,0V1
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Al A-
SIGNATURE DATE 3—3 Qq_
i
TOWN OFBARNSTABLE BUILDING PERMIT APPLICATION EXHIBIT
Jmap t�� Parcel D S(o Permit
Health Division 4�i— /l Date Issued 3a J(R
Conservation Division Fee.Tp 3 y$o a
Tax Collector
Treasurer
Planning Dept.
Dale Definitive Plan Approved by Planning Board
Historic-OKII_ PreservallonlHyannis
Project Street Address /`ll A 4,00A160 4 Vt
Village 6157+EKV'/Z4f
Owner. .?0 HAI dROEXI GK Address % ell>/S IbR 13///l D/A"6
Telephone 7 7/— /0'/0
PermitRequesl 71) CON57,01C7 It fijimle—y. 1jdNts
Square feet:Ist floor existing proposed A 0a V 2nd floor existing proposed Total new-7025/
Estimated Project Cost 32 0 Zoning District A C— Flood Plain C Groundwater Overlay G O
Construction Type w o OD FR,90uF
Lot Size /3 . 37 f Grandfathered: Uses O No If yes,attach supporting documentation.
Dwelling Type: Single Family ak"' Two Family O Multi-Family(#units)
Age of Existing Structure N—c A/ Historic House: O Yes ak90 On Old King's Highway. ❑Yes MW
Basement Type: mull O Crawl O Walkout O Other
Basement Finished Area(sq.fl.) LAO S Basement Unfinished Area(sq.ft) / S S 6
Number of Baths: Full:existing new a Half:existing new
Number of Bedrooms: existing new 3
Total Room Count(not Including baths):existing new_4 First Floor Room Count (e
Heat Type and Fuel: l9 Gas ❑Oil ❑Electric O Other
Central Air. t1es O No Fireplaces:Existing New Existing wood/coal stove: O Yes O No
Detached garage:O existing O new size Pool:O existing O new size Bam:O existing O new sae
Attached garage:O existing brew size J1 x a3 Shed:O existing O new sae OthI
Kalhfeen Maloney,fYr�
Zoning Board of Appeals Authorization O Appeal# Recordedt aommfsslon e�hes ryry P l95
Commercial ❑Yes 3 No If yes,site plan review If
Current Use V ACRnI;r LOT Proposed Use RES 1u➢-A;C0-
BUILDER INFORMATION
Name 811 YSI& 8V10JA& r /NG Telephone Number
Address 8 0 X. 9 S License# 140 54 YC .
C AFAI7FA✓/cZ-4: 0.76 3 z Home Improvement Contractor#
Worker's Compensation#_7C9 00 p /Ql /19W
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO 6001LN,e 44Nif l a—
SIGNATURE nhTr v/:?,)/C C
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MAP 140 PARCEL 56
N
W � E
S
SCALE: 1°=1 SO'
TOTES, �F
I. THIS PARCEL IS NOT LOCATED IN THE FLOOD PLAIN. ZONE'RC
L THERE ARE NO WETLANDS LOCATED WITHIN 100' OF INS LOCUS. 34 8 C.B.
32'9
L REMOVE UNSUITABLE SOILS-BENEATH PROPOSED SYSTEM. BACKRLL FRONT SETBACK - 20' CB. • N48'2 '20'E x �D'
WITH {LEAN GRANULAR MATERIAL FILL TO BE GRADED AS FOLLOWS: NOT
MORE THAN 157E RETAINED ON No. 4 SIEVE. NOT MORE THAN tNlx.RETAINED SIDE SETBACKS - 10' $ 34.1 d a IZ .13' ' ,0 38.9
ON No 50 SIEVE. OF FRAC110N PASSING Na 4, 10x OR LESS TO PASS Na REAR. SETBACK- 10' „'�''
100 SIEVE AND SL OR LESS TO.PASS No. 200 SIE�IE. SOL TO BE APPROVED sb "'
BY ENGINEER FOR COMPLIANCE PRIOR TO PLACING ON SITE BUILDING HQGHT 30' jN 5 ,, I 1
A LOCATION OF UTILIITES NOT SHOWN ON THIS PLAN, AT LEAST 72 HOURS �' I 9 x 3 x 3 i 34 4 �� If cod W ern pvad
PRIOR TO ANY EXCAVA71ON FOR THIS PROJECT CQNTRACTOR SHALL MAKE 32J9
Awh a' . 4.5 r 3B.1 THE REQUIRED NOTIFICATION 70 DIG SAFE(1by darfalum, cum NM
—888-344•-7237) AND APPROPRIATE �' `
WATER DISTRICT TO DETERMINE U11UTY LOCATIONS. _ • IZ p
s•,... c J I 33.9 i�oa�DESIGN DATA Z'F%.,49 Zs� LOT 2 p 3 0
0%
SINGLE FAMILY—3 BEDROOMS y 5w 4a {..vvc 32.3 �;Nxg1 9
NO GARBAGE GRINDER ;'._III• Vy 9K x Eli x 3�5 �x 35.3
pn,,.•r FLOW 3-110.pal o,?r,n 3a0 9PJ '' 32.1 33.6 fIA.r
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51DwW'aII 2(2'x tA;) • ZZ4 S'F 1 I TOP w rARr8 31 x 3'!9' x 33. LOT 1 q
uo Nc... 4'ri L. 6-5 rra." 'Dd*%11 0. U7r 1.8' 13,375 S.F.
} IT OFF i2wag, N 31 AC, a 1 TO WYANNO AVL
S49'3 'S0'W 325 dbt 34.
of . Fdn.a?,s s— DE tJ'
F 31.5 32.PRIVATE WAY 20' WIDE �� STEPHEN
Coves �+ .w,{,W,w G'•.` .oA j^.4 IV 1." �r.1 lu"I .' MA 01
`' ` 33.4 N
v �;• o
.c sss sc ass PLAN �� " VW. y
o,a0 SCALE; 1•a 30, .ZBB74s8 oNAL.
coo G,.��w fi a,:.. 9 • f,•oi ,L�
Se*". „^" :..3 ra.o TEST HOLE WIRED PLOT PLAN
BAM a N7E INC. LOCATION
MARCHy7011p #141A WIANNO AVE.
OSTERVILLE
A. .. • N,•. A S. LuM
pAus
PROFIL.G -M." la s•_ IYroer/L v- � FEB. 23. 1999
{I Lt.e to•_ /i A). .1.'d, ".,.i P1_AN T�w:P`F.RENGE
rl..ia wx=- C,-ma.S a l4_ s /o rR f i BOOK 172 PAGE 99
to,yR yG �• ASSESSORS MAP 146, PARCEL 56
1 CERTIFY THAT THE PROPOSED FOUNDATION 4 h1.A 5Q,4 $0.00 APPLICANT'
:OMPUES WITH THE TOWN OF BARNSTABLE SIOELINE NaT4'• E•.,Fr+.l ccssp.da.++ bo /o VIC 7AL /O y's JOHN A. BRODERICK
1NO SETBACIC RE EMEN AND IS NOT LOCATED p,mp..p —A .{.—tisi,cd. SAX= k NYE per,
dITHIN THE FL.DOD�SHULD
I A.b G1sAr A �IAM�05T=�MA�: #jj�9007
1,•le•lft4 R.LS. N.SATE
IE OFFSETS�SMOWN �NOTRE�SM TO DETERMINE LOT ONES.
r
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kA
0 -a
�0
Cp'
0
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4►
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I WNW OF DFM61 c��i� � PLAN OF LAND 1N
4. 1 iron pi- OSTERVILLE)kRNSwa-MASS.
! �REC�ORDELI A3 SvAveYeD wR
-J SHIRLEY C. CROSBY
emu'°f rt��N `frs SCALE 1 IN x 40 Fr SEPx ZQ W2
.nvroval hot required under the sub- ; POLSON MILeow OMAR"% R#CmARD LAW
iviaion control law ;' �'"'o = Reg. LANv SIlRvi'iYOR6
'ran of Barnstable Planning Board 3l ��'
Actint as the Aoard o' Srrv� \c� �,a� �;�?,`t Rimer M CENTERWU.E;MAM
ate91.2e4A .:/ y ' c'+owa `°r �` a.p�.v4 4413
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14.9 , `�
LOT.
,13375 S.F
N
�c.e.3
120, 1 Ac.
160't TO WANNO AVE.—
0 D.
C.B. S49°36'S0'W dirt
RESEETT��
PRIVATE WAY 20' WIDE
SCALE: 1"= 30'
ZONE RC
CERTIFIED PLOT PLAN
FRONT SETBACK = 20' TDCKTMN
SIDE SETBACKS = 10'
#141 A WIANNO AVE.
REAR SETBACK = 10'
s.:, :n•n �r BUILDING HEIGHT = 30' OSTERVILLE.�,_�
JULY 14, 1999
PLM
•J P�TLe.•"il
m7nm BOOK 172 PAGE 99
'I. THIS PARCEL IS NOT LOCATED IN THE FLOOD PLAIN.
2. THERE ARE NO WETLANDS LOCATED WITHIN 100' OF THIS LOCUS. ASSESSORS MAP 140, PARCEL 56
I CERTIFY THAT THE EXISTING FOUNDATION
COMPLIES WITH THE TOWN OF BARNSTABLE SIDELINE JOHN A. BRODERICK
AND SETBACK REQUIREMENTS AND IS NOT LOCATED
WITHIN THE FLOGD L .IN. BARTER & .NYE INC.
DATE: �1-14'6 c R.L.S. LAND SURVEYORS, CrM ENGINEERS
OSTERVUIZMASS• #99007
THE OFFSETS SHOWN SHOULD NOT BE USED TO DETERMINE LOT LINES.
Property Location: 141A WL4 NNO AVE OST MAP ID: 140/056/
Vision M:8740 Other ID: Bldg#: 1 Card 1 of 1 Print Date:08/03/1999
r, r
Dement esc p n LOMMerclat Data zleatena,
e eI nc cnp on
ode] I ldendal
de C rame Type
ths/Plumbing
tones Story � BM
ccupancy 0 eiling/Wall
oms/Prtns
terior Wall 1 4 Wood Shingle /o Common Wall
2 all Height 1
of Structure 3 GableMp
of Cover 3 ph/F Gls/Cmp
rNO
tenor Wall 1 08 feel vUS
2 ament Cade Description Factor
terior Floor 1 20 Typical omp ex 22
2 oor Adj
it Location
eating Fuel Z Oil
eating Type• 9 Typical umber of Units
C Type 1 None Number of Levels 1
/o Ownership
edrooms 2 Bedrooms
athrooms Bathroom
0 Full 9. . .,
otal Rooms Rooms ize Adj.Factor .42485•Base maw 5.Vu 28
Bath Type de(Q)Index .97
YP dj.Base Rate 6.34 6
Kitchen Style Idg.Value New 4,067
ear Built 962 '
if Year Built 970
rml Physcl Dep 7
uncnlObslnc .
on Obslnc
f Pecl.Condo Code
pcc]Cond/o
Gode escn ton erall%Cond. 3
Ingle am
c.Bldg Value 39,500
Code Description 2.73 unusunit r. vp YaLwa Apr. value
Fireplace Isty ,
i
e Descrip on Living Area ,rosy Area Area Unit Costeprec. value
,
1041
FOP Porch,Open,Finished I
it 4 14.7 26
UBM Basement,Unfinished 67 131 13.2 8,95
raSS ease Area - X14 x1da n • -
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AW - 6W
TOWN OF BARNSTABLE
TOWN OF BARNSTABLE
ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS
RE: APPEAL OF ROBERT C. PEMBERTON AND ROBERT A. PEMBERTON
APPEALS NO. 1999-97
RESPONSE OF JOHN W. BRODERICK AND BETTY A. BRODERICK TO
APPLICATION
The Applicant requests that the Board order that the Building
Permit issued to the Brokericks for the construction of a new home
on their property at 141A Wianno Avenue, Osterville, Massachusetts
be rescinded.
HISTORY OF THE LOT
The lot on which the Brodericks seek to build their new home
was created by an approval not required plan prepared by Shirley C.
Crosby, an in-law 'of the Pembertons . '
Mr. Crosby conveyed the property shown as Lot 1 on the plan
filed in Plan Book 172, Page 99 - (the Crosby plan) to George E.
Gregson et ux by deed dated October 2, 1962 and recorded at the
Barnstable County Registry of Deeds in Book 1175, Page 381 (copy
attached hereto) .
According to the Assessors' records the residence which was
purchased by the Brodericks from the Gregson family in 1995 was
constructed by the Gregsons in 1962 (copy of Assessors' records
attached hereto) .
The land shown on the Crosby plan was governed by the 1956
zoning map which placed it in an RB Zone requiring 10, 000 square
feet, 20 feet of frontage, 100 foot width and 20 foot setback and
10 foot side and rear yards .
The 1969 zoning map changed the area to RC requiring 15, 000
square feet with the remaining dimensional requirements the same as
the old RB Zone . At that time the lot became non-conforming.
Since that time the acquired area has been increased to one acre
with all the remaining dimensional requirements remaining the same.
Attached hereto is a copy of the deed from Donald A. Gregson
to the Brodericks of Lot 1 dated June 30, 1995 and recorded in said
Registry in Book 9732, Page 296 .
From the date that Lot 1 was created by the Crosby plan in
1962 through the current date, there has been no change in the
dimensional features of the lot, i .e. it contained 13 , 360 square
feet of land when it was created and it still contains that exact
area without any changes in its composition.
As is recited in the application by the Pembertons, the
dwelling that was built by the Gregsons in 1962 was demolished by
the Brodericks pursuant to a building permit and a new building
permit for a new dwelling was issued to the Brodericks in April of
this year, copies of the two permits being attached to the
application.
Also attached to the application is a copy of certified plot
plan showing the location of the existing house and the location of
the new house, both of which conform to all current set backs and
building height as required in an RC Zone under the By-Law. Also
attached hereto is a copy of a certified plot plan showing the
existing foundation for the new dwelling, again showing conformity
with all of the set backs and building height requirements for a
property in an RC Zone under the current By-Law.
The application indicates that a "pre-existing non-conforming
building on an undersized lot has been demolished by permit . " The
existing building was non-conforming only in that it was located on
an undersized lot . As to the existing buildings conforming to all
f
dimensional requirements in an RC Zone, it met all those
requirements .
SEPARATE LOT EXEMPTION
The word "lot" is defined in the By-Law as "a single area of
land in one ownership defined by meets and bounds or boundary
lines, no portion of which is bisected by a street . " Section 4-4 .2
Non-Conforming Lots: 1 (Separate Lot Exemption: provides that any
increase in zoning requirements shall not apply to a lot for single
or two family residential use provided it meets certain
requirements set forth in that section.
As set forth above the Broderick lot meets all of the
requirements set forth in said section. In DeSalvo v. Chatis (Land
Court Miscellaneous Case No. 149619, 1991, the Court ruled that a
Municipality may grant more liberal treatment to the owner of a
non-conforming lot than under Section 6 of Chapter 40A.
The plain reading of our By-Law taken as a whole leads one to
the conclusion that the issuance of the building permit to the
Brodericks for the construction of the new dwelling is allowed
under 4-4 . 2 .
SECTION 6 FINDING
Under General Laws Chapter 40A, Section 6, Paragraph 1, this
Board, as the permit granting authority, may find that the
"alteration, reconstruction, extension or structural change to a
single or two family residential structure does not increase the
non-conforming nature of said structure. " If the Board makes that
finding, as it should in this case, the By-Law which renders Lot 1,
the Broderick lot, non-conforming and therefore any structure
located thereon non-conforming would not apply to the Broderick' s
new dwelling structure.
If the Board makes that finding, it will support the Building
Commissioner' s issuance of the building permit to the Brodericks
for the construction of a new dwelling.
As the applicant in their materials suggest, the sole reason
that the prior existing structure on the Broderick lot was non-
conforming is because it was located on a non-conforming lot. As
is mentioned above, the prior existing dwelling met all of the
other dimensional requirements of the By-Law, both when it was
built and at the time it was razed under the building permit above
referred to. The proposed new dwelling to be constructed by the
Brodericks under said building permit will also meet all of the
dimensional requirements under the current By-Law, save for the
area requirement in the RC Zone.
The Board should make the finding, support the Building
Commissioner and allow the Brodericks to complete their dwelling.
RECONSTRUCTION
The applicant, in its materials, would have us believe that
the word reconstruction means that the new dwelling must be located
on the foot print of the old existing dwelling and cites certain
cases for that proposition. Unfortunately the cases cited by this
applicant refer either to a commercial structure, which is clearly
not subject to the above finding, or to a residential dwelling
sought to be rebuilt under a casualty clause similar to our Section
4-4 . 6 of the By-Law.
A plain reading of the above cited portion of General Laws
Chapter 48, Section 6, Paragraph 1 indicates the Legislature
considered the possibility that each of the quoted words, viz
"alteration" , "reconstruction" and "extension" , as well as
structural change, could each "increase the non-conforming nature
of said structure . " If the word reconstruction were limited to
rebuilding on the existing foot print, then no finding of increased
I
non-conformity would be needed since none would be possible. We
conclude therefore that the word reconstruction as it is used in
said paragraph must include within its definition rebuilding on a
different foot print from the prior non-conforming structure' s foot
print .
Looking at the matter from a different angle, if, as the
applicant suggests, the Brodericks were required to rebuild on the
existing foot print to retain its non-conforming nature it would
seem that the Brodericks could then, under the provisions of
Section 4-4 . 3 (1) apply for a modification of the building permit,
altering or expanding the original foot print so long as there is
no encroachment into the 10 foot rear or side yard set back and a
20 foot front yard set back. It seems absurd that that would be
the approach necessary to be taken or that our By-Law is meant to
require that approach.
Res 4ctfuy s bmi ed,
1 '
Bernard T. Kilroy, Atto ney for
John W. Broderick and Betty A. Brockerick
k:\clients\broderic\memo
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Property Location: 141A WIANNO AVE OST MAP ID: 140/ 056///
Other ID: Bldg#: 1 Card 1 of 1 Print Date:04/07/1999
ascription code Appraise a ue ssesse a ue
41A WIANNO AVE RESMNTL 1010 41,70 41,70 801
STERVILLE,MA 02655 BARNSTABLE,Al
.tie `L vH"`^n'.'r[•
ccount an Rel.
Tax Dist. 300 Land Ct#
er.Prop. Life VISI®1',
Life Estate
DL 1 Notes:
DL2
Tolai IAO,.iu9
r. o e Assessed a ue Yr. Loae Assessedd Value.. —r.a G Go de Assess a u
REGSON,DONALD A 4297/313 10/15/198 U I A
REGSON,MARY 84PO202 QQ 1 199 1010 41,70 199 1010 41,70
REGSON,MARY M-742 6804/070
REGSON,MARY J 2420/ 16 Q
0 oa. Total.,
�..
is signature ac now es a visit a
>. . r:"�,'s ..w..:::...:.: : ... . : ....< .,�r.�r.•.ti,_.,,��v... `:...: . •��., g g y ata o ectoror ssess�
Year lypelDescription mount Code vescription Number Amount Comm..•Int.
Appraised Bldg.Value(Card) 39,50
Appraised XF(B)Value(Bldg) 2,20
Appraised OB(L)Value(Bldg)
ota (Bldg
)
I
a g
Appraised
Lan Value d
.. .,-x ...,��:,,.•�.�.,., 84,60
Special Land Value
Total Appraised Card Value
Total Appraised Parcel Value 126,30
Valuation Method: 126,30
Cost/Market Valuatio
Net TotalAppraised arse a ue
fUvv ., •... .cs. . .1�._•s. '.. E�'�X- ..:Y�"�_-t'.^,w.. _ :. 'w1'i:.:.n.A... ....�.,: w -v ..x,r..:a y i"�"4°•t2°;'+'S. .Ica.';<?Jr�fz , Kx
`
Issue ate ypeermit Description Amount Insp.Date 116 Gomp. Dale omp. Comments Date urpo s esu t
_ to
- a•. �:'a .k'i 'w''+: �"F, c.J'meie. M rv.4nw.YwruwM.n',�'Nv`:'�resk .:0..w:5.J�°i.� !. Re- 'T '`'.'T";y� :.'. +t ' Cb 'F.'.:?. • •
OFF use Gode escription Lone ID Frontage Depth I units unit Price I.Taclor actor Nbha. Aaj. Notes-Aajl,);pecial Pricing Adj. Unit Price 'Land Valve
I MCI ing a am
,
r
otal t-and UnRJ _
20123.dd RP:lly?�'�2-�196 �1�-Q6-3a la�21a2aK
QUITCLAIM DEED
I, DONALD A. GRF.GSON, pf RR#1, East Stoneham, Maine, for
consideration of One -Hundred Thirty-Five Thousand and
no/100 ($135, 000 .00) ollars paid, grant to John W.
Broderick and Betty" An a Broderick, husband and wife as
tenants by the entire y, both of 114 Prendiville. Way,
Marlborough, Massachuse ts,(.k-),
with Quitclaim. Covcnant13,
the land together with- the buildings thereon situated at
141A Wianno Avenue, Barnstable (Osterville) Barnstable
County, Maus achuseLta, pounded and described as follows:
Commencing at the s uthern most bound of said premises
by a certain 20 f�ot private way and the Northeast
corner of Lot 2 as shown on a plan hereinafter
mentioned; thence ,N 46 06 30 W by said Lot 2, a
distance of -3 07.79 'feet; thence N 48 22 20 E by land
of Shirley C. Crosby, a distance of 126 .14 feet;
thence S 42 48 10 � by land of Kenneth H. Benoit, et
ux, a distance of 310.07 feet; thence S 49 36 59 W by
said way, a dist�nce 120 feet to the point of
beginning.
Containing 13, 360 shuare feet, more or less, and being
shown as LOT 1 on plan of land entitled "Plan of Land
In Osterville, Barnstable, Mass. , As Surveyed For
Shirley C. Crosby, Scale 1 In = 40 Ft. , Sept. 26,
1962, Nelson Bea. e s & Richard Law, Reg. Land
Surveyors, Centerv+lle, Mass. " , which said plan is
duly recorded in �he Barnstable County Registry of
Deeds in Plan Book 72, Page 99 .
Together with the right to use the 20 Ft. Way shown on
Plan Book 372, Page 99 for all purposes for which ways
are used in the 'Down of Barnstable, including the
right to install �tilities in, under and over the
same.
Being the same premises conveyed by deed of Mary J.
Gregson to Donald A Gregson, dated February 12, 19B0,
recorded in Book 42.�7, Page 313 .
IX; ,:
_ -
r re/j,
r' r ` ;v�� r t ' N
1
f
20123.dd
BP rJar32-029i 9�-06-30 10:21 #032095
See also Judgment Of the Barnstable Probate & Family
Court, Docket No. 94E-0070-GC1, dated March 28, 1995,
recorded in Book 96b4 , Page 110.
WITNESS my hand and sea this Jed-day of June, 1995 .
on reg on
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss. June 30 1995
Then personally appe 'red the above named Donald A.
Gregson, and acknowled ed the foregoing instrument to be
his free act and deed, efore me-
Albert J. S z
! Notary Publ
My commission expires: 09/19/97
;l
0-
�P�G�S�GOQI. A
JoNNF M
2
MUMBLE REGISTRY OF DEEDS
AUG.° 5.1999 12:17PM BAYSIDE BUILDING CO.5087750155 NO.540 P.2i2
^ti
C.B.
C.B. 48'22r E FNP.
FND_ 126,13'
l
rz \ B.3'
o O
Q, %jI
I
W d7 a
P �
.P
N
I O 07
LOT 1,\
ul
i 13,3 S.F.
`„ C.B.
120.00) 3175 f�C� D 160't TO WIANNO AVM
ifft
C.S.
RESET S49°36'50'W a
SCALE; 1"= 30'
ZONE rc
CERTIFIED PST PLAN
OF a
,1.,� ►ti �t.
FRONT SETBACK = 20'
SIDE SETBACKS = 10'
REAR SETBACK—= 10' " nAxT 1it #141 A WIANNO AVE.
BUILDING HEIGHT = 30' ', OSTERVILLE
n�
'tom1. '
JUL.Y 14, 1999
tO'TEp
1. THIS PARCEL IS NOT LOCATED IN THE FLOOD PLAIN- BOOK 172 PAGE 99
2. THERE ARE NO WETLANDS LOCATED WITHIN 100' OF THIS LOCUS. ASSESSORS MAP 140, PARCEL 56
1 CERTIFY THAT THE EXISTING FOUNDATION
COMPLIES WITH THE TOWN OF BARNSTABLE SIDIZI.INE JOHN A. BRODERICK
AND SETBACK REQUIREMENTS AND IS NOT LOCATED
WITHIN THE FLOOD I_ IN. BARTER & NYE INC.
DATE: -17 4-1-9 �� R•L-S. LAND SURVEYORS, CML ENGINEERS
OS TL'RVILI,E,MASS
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION '
Q
Map ` 6 Parcel_ h-5-6 b Permit#
Health Division Date Issued
Conservation Division Fee 31/S
Tax Collect
Ll 7
Q
Treasur�r Vim' INSTALLED IN COLoPLIANCE 0
WITH TITLE a
Planning Dept. ENVIRONMENTAL CODE A
Date Definitive Ian Proved by Planning Board ram" TOWN REOS.ILAT'IDI S
Historic-OKH Preservation/Hyannis AA
__1
Project Street Address /Y/A l f/14AIX/Q / g
'Village OS% ✓/L(0
Owner J0lf/V 3R Fk_lc� Address 46 BSys/W $Ly C.
Telephone —7-7 0 SOU
��&IG"/5 ,mil /
Permit Request
?. I
Square feet: 1 st floor: existing proposed 90J y 2nd floor: existing proposed Total new o20�
Estimated Project Cost /l/3 Zoning District A9C Flood Plain e- Groundwater Overlay 610
-Construction Type WOO� f•2 FtM
_ f //
Lot Size /3. 3 75- Grandfathered: E7Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family W/ Two Family ❑ Multi-Family(#units)
Age of Existing Structure A5ul Historic House: ❑Yes Qrl o On Old King's Highway: ❑Yes &I�lo
Basement Type: 0211tu Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) 4/6 Basement Unfinished Area(sq.ft) /SS(o
Number of Baths: Full: existing new a2 Half:existing new
Number of Bedrooms: existing new -3
L Total Room Count(not including baths): existing new_ First Floor Room Count do
Heat Type and Fuel: I/Gas ❑Oil ❑Electric ❑Other
Central Air: E Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes 4160
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing @'*new size 2143 Shed:❑existing ❑new size Other:
M
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes dNo If yes,site plan review#
Current Use K155/ 6V6,F Proposed Use iF5/DFAvCF-
BUILDER INFORMATION
Name J V51 DK �L 8C /41C Telephone Number '2 7/ —
Address g ex 9 License# O0 56 L/S
e iF_'y7r4 J lam. Home Improvement Contractor#
Worker's Compensation# 7-C Y 0G9 221 /D q/
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 6eae of
SIGNATURE 7 / DATE 3 ' 3— Q 1
FOR OFFICIAL USE ONLY ,
PERMIT NO. ~
DATE ISSUED
MAP/PARCEL NO.
14
ADDRESS VILLAGE
• OWNER.
DATE OF INSPECTION? '
r.
FOUNDATION
FRAME
INSULATION
FIREPLACE '
I • .
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT `
ASSOCIATION PLAN NO.
i
Mar-26-99 14: 57 Osterville Water Dpt 508 428 3508 P _02
I
Centerville-Osterville-Marston Mills
Water Department
P.O.BOX 369- 1138 MAIN STREET
OSTERVILLE,MASSACHUSETTS 02655 �%
OFFICF.of u WATER
HOARD OF WATER COMMISSIONERS DEPT. .0
WATER SUPl,•RINTENDENT s�oNs eN�
TF.I..No.50K-42M-M91
VAX No.508-424-3508
March 26, 1999
Town of Barnstable
Building Department
367 Main Street
Hyannis, MA 02601
Re: Account#2496
141A Wianno Avenue
Osterville, MA
Gentlemen:
Today on March 26, 1999 the Water Department disconnected the water
service at .the curb stop to the property mentioned above. It is our understanding the
owner plans to re-build and have a new water service at that time.
If you have any questions, please call our office.
Very truly yours
Craig Crocker
Superintendent
CC/jw
03/26/99 14:27 '0508 999 9368 5108 001
Commonw eWl:h Efe cvic Compny
9-00el oM 0 1COMElectric
March-26, 1999
Bayside Bfdg Co.
Attu: John Bowes
The electric service & meter at the home of John W. 'Broderick,
.141A Wianno Ave., Osterville were removed on 3/25/99.
Very truly yours,
z���c,c.
Barbara A. Trocchi
Customer Service Rep.
l
� :��e �n��riirn�rrnrn�/� n �f ra.irn•�rr�r/(i
DEPARTMENT OF PUBLIC SAFETY
' J CONSTRUCTION SUPERVISOR LICENSE
Number: Expires:
Restricted To: 11
BRIAN T DACEY
62 FERMBROOK IN
CENTERVILLE, MA 02632
17 :10!)0
Restricted To: 11
I
BB - 35,001 cf enclosed space
(M6L C.112 S.60L)
lA - Masonry only
16 - 1 6 2 Family Homes
Failure to possess a current edition of the
Massachusetts State Building Code
is cause for revocation of this license.
EE
`F COMMONWEALTH OF MASSACHUSETTS
'— - D ETArI2i'MEN 7 OF INDUSTRIAL ACCIDENTS
600 WASHINGTON STREET
-ames Gan^oee BOSTON, MASSACHUSETTS 02111
Zorr.-+:ss,cne• WORKERS' COMPENSATION INSURANCE AFFIDAVIT
T 7/D/9G�F y
(licensee/permincc)
with a principal place of business/residence ar_
(City/ScatJL:p)
do hereby certify, under the pains and penalties of perjury, Char:
[q/1-am an emplovcr providing the following workers' compens:rion coverage for my emplovecs working on this
job.
/lidlZy��tii�� CfISU�ILTy TC DD l� f 1D1
-Insurance Company Policy Number
[ � 1 am a sole proprietor and have no one working for me.
( � I am a sole proprietor, general contractor or homeownu (circle one) and have hired the contactors listed b:�ow
who have the following workers' eompensarion insurranee policct
/0 Y 5 i M 3 v ff l i'C1G /�� T �-�� OD `l f 1 f /(I ,-1/
Name of Contactor Insurance Company/Policy Number
Name of Contractor Insurance Company/Policy Number
Name of Contactor Insurance Company/Policy Number
Q 1 am a homcowner performing all the work myself.
DOTE: Plcuc be aware that while homeownc:s who employpersoes to do maintenance, construction or repair work on :
dwcNing of not more than three units in which the homeowner also reside or on the grouocs appurtenant thereto are not gcocr:lly
considered to be ernplovc.s under the Workers' Compensation Act (GL C. 152,sect- 1(5)), application by a homeowner for a lice:sc
or permit nav evidence the legal sutus of an employer under the Workers' Compensation Act
I uidc st:.nd chat a copy of this statement will be forwarded to the Depar-- c-.:of Indusrrial Accidents'Of ct: of Insurance for cove::::
vcriic:-,ion and th:: failu.rc to secure coverage as required under Sccdon 25A of'v1GL 152 can lead to the imposition of ciminal pe-.;.:_Cj
consisong of a fine of up to Sl 500.00 and/or imprisonment of up to one yc:z aid an7 penalties in the form of a Sto.Work Order :
fi„c of S100.00 a d:v gsins: mc.
Sir-ncd this day of 19
Uc:.isc;''crmirtcr Licc-isorMcrmirror
i
SUBCONTRACTOR'S INSURANCE
ENGINEEER:
BAXTER & NYE ENG: (L) FIREMENS FUND - S30MXX80564866
(W) LIBERTY MUTUAL - WC1312595563023
WELLER & ASSOC: (L) NAT'L GRANGE MUT.- MSP45246
EXCAVATION & SEPTIC:
ROBERT J. OUR (L) U S F & G - 1MP30109550901
(W) U S F & G - 771521695
DECO CONSTRUCTION (L) TRAVELERS - 660364IC8342
(W) LIBERTY MUTUAL - 312446298044
FOUNDATION:
BAYSIDE FOUNDATIONS: (L) COMMERCIAL UNION - ABR406267
(W) LIBERTY MUTUAL - WC1312201785044
WELLS:
DENNIS SCANNELL (L) TRAVELERS - 660873E5627COF92
(W) WAUSAU - 151300062926
CELLAR/GARAGE FLOORS:
MICHAEL BROWN: (L) AETNA - MP0023672849
FRAMERS:
ROBERT DORRER: (L) TRAVELERS - W680526K991TIA9
(W) AETNA - 006CO023972416C
MICHAEL DUFFLEY: (L) COMMERCIAL UNION - NBF821356
(W) LIBERTY MUTUAL - WC1312492127024
MASON:
SHERMAN, WAYNE: (L) COMMERCE INS CO - N60689
(W) WAUSAU INS - TO BE ASSIGNED
ELECTRICIAN:
CHAVES ELECTRIC: (L) HANOVER INS. - LHN2964649
(W) MISCELLANEOUS INS CO. - 0708878 91 1
PLUMB & HEAT:
WHITELY PLUMBING: (L) TRAVELERS - 660365K1782COF9
(W) EASTERN CASUALTY - POLICY IN MAIL
ALARM SYSTEM:
IIAT.,TTC SECURITY : (L,) FIRST FINANCIAL - FF0131 G400831
(W) COMMERCIAL UNION - CB0743379
CENTRAL VAC:
VACUUM HOUSE: MERRIMACK MUTUAL - SBP1608045
i
TNSULATTON:
MAP INSULATION: (L) AMERICAN STATES - 02CC326435-3
(W) U S F & G - 7711099932
SHEETROCK:
MEL REED: (L) WORCESTER INS - CB817530
(W) COMMERCIAL UNION - CBH557387
INTERIOR TRIM:
DAVID'S REMODELING: (L) COMMERCIAL UNION - NB F821442
M & R CARPENTRY (L) MARYLAND INS. GRP- SCP30235965
(W) CIGNA PROP & CAS .- C80049997
OAK INSTALLER:
ROBERT BUDDEN: (L) NORTHERN ASSUR. - NBF528652
PAINTING,:
CAMPBELL PAINTING: (L) TRAVELERS - 1680251K4083COF
(W) AMERICAN POLICY - WCC 186604
GARAGE DOORS:
ALL CAPE GARAGE DOOR: (L) U S F & G - BSC14667590301-
• (W) COMMERCIAL UNION - CBI-1573757
STORMS & GUTTERS:
AL,UMTNUM .PRODUCTS: (L) AETNA - MP0021-01-4146
(W) AETNA - JC89258880
OAK FINISHER:
AMERICAN FLOORS: (L) TRAVELERS - 680 342W754-0
CARPET, VINYL & TILE:
CARPET BARN: (L) VERMONT MUTUAL - SBP6507393
(W) PHOENIX INS. - 6NUB476J652794
TILE INSTALLER:
TONY AVERINOS: (L) ASSURRANCE CO. - CFP26528977
(W) HARTFORD FIRE - 77WZCY2409
WIRE SHELVING:
CAPE COD CLOSETS: (L) U S F & G - BSC146983441
i
APPLIANCES:
KITCHEN APPL MART: (L) FIREMENS FUND - AZC80453098
(W) HARTFORD INS CO - 77WZNB1603
MIRRORS & SHOWER DOORS:
L & M GLASS : (L) COMMERCIAL UNION - CBR409003
(W) U S F & G - 0071439933
LANDSCAPE & SPRINKLER:
COY'S BROOK: (L) COMMERCIAL UNION -. ABR345850
(W) CIGNA COMPANIES - C41138178
DRIVEWAYS:
NORTHERN SEALCOAT: (L) MARYLAND CASUALTY- EPA18716945
(W) THE PHOENIX - UB387K530
A
+FND.
C.B. N, 48'22� °E
e FND. / 126.13'
8.3'
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14.9' ` tl \
33 - LOT 1�
N i Sri ► 13,375 S.F.
31 Ac. \c.e.
120,00' F D. 160't TO WANNO AVE—
C.B. i
RES-E-T- S49036'50°W dirt'df` e-_
PRIVATE WAY 20' WIDE4—�-
PLAN
SCALE; 1"= 30'
ZONE RC
a: CERTIFIED PLAT PLAN
FRONT SETBACK = 20' "!? �''s vY t`'�
SIDE SETBACKS = 10' "- WCATION
REAR SETBACK = 10' #141 A WIANNO AVE.
tij. r rn
BUILDING HEIGHT = 30' OSTERVILLE
as �' JULY 14, 1999
WTm
1. THIS PARCEL IS NOT LOCATED IN THE FLOOD PLAIN. BOOK 172 PAGE 99
2. THERE ARE NO WETLANDS LOCATED WITHIN 100' of THIS LOCUS. ASSESSORS MAP 140, PARCEL 56
I CERTIFY THAT THE EXISTING FOUNDATION APPLICANT:
COMPLIES WITH THE TOWN OF BARNSTABLE SIDELINE JOHN A. BRODERICK
AND SETBACK REQUIREMENTS AND IS NOT LOCATED
WITHIN THE FLOOD PL IN. BAXTER & NYE INC.
DATE: �1-14•q I ve t R.L.S. LAND SURVEYORS, CIVIL ENGINEERS
THE OFFSETS SHOWN SHOULD NOT BE USED TO DETERMINE LOT LINES. OSTERVILLE,MASS.
#99007
Ai�
WE A
The Town of Barnstable
• annxsr IJ& •
116999.. `0�' Department of Health Safety and Environmental Services
'0o N►o+" Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
June 1, 1999
Lois M.Farmer,Esq.
Gamick&Scudder,P.C.
32 Main Street
Post Office Box 398
Hyannis,MA 02601
RE: Your correspondence dated May 11, 1999
'14� lA Wianno Ave.
Map 140 Parcel 056 }
John W.and Betty A.Broderick
Dear Attorney Farmer:
I don't agree with your argument nor your citations of cases in support of your argument. The building
permit is in order and may stay in force.
Sincerely,
Ralph M.Crossen
Building Commissioner
RMC/cah
I
g990510a
Garnick & Scudder, P.C.
ATTORNEYS AT LAW
32 MAIN STREET
POST OFFICE BOX 398
HYANNIS,MASSACHUSETTS 02601
GERALD S.GARNICK (508)771-2320 LOIS M.FARMER
JOYCE W.SCUDDER (508)771-3304(Facsimile) PAUL J.ATTEA
May 11, 1999
CERTIFIED MAIL NO.: P 339 525 717
RETURN RECEIPT REQUESTED
Ralph Crossen,
Building Commissioner and Zoning Enforcement Officer
Town of Barnstable
367 Main Street
Hyannis, MA 02601
RE: 141 A Wianno Ave.
Map 140 Parcel 056
John W. and Betty A. Broderick
REQUEST FOR ZONING ENFORCEMENT
Dear Mr. Crossen:
This office represents Robert A. Pemberton and Robert C. Pemberton with regard to abutting
property owned by John W. Broderick and Betty A. Broderick at 141 Wianno Ave, Osterville,
Town of Barnstable Map 140 Parcel 056. By this letter,the Pembertons request that you enforce
the Town of Barnstable Zoning Ordinances with regard to the Broderick property.
The Pembertons assert that the construction of a new and significantly larger dwelling on the
Broderick lot after the voluntary demolition of a nonconforming cottage is not permitted by the
Town of Barnstable Zoning Ordinances, and is not authorized by G.L. c. 40A, § 6,11, second
except clause. Dugas v. Berman, Land Court Misc. No.: 246863 (1999). Under the Dugas
decision, the Land Court determined that the Town of Barnstable Building Commissioner was
not authorized under 4-4.3 of the Barnstable Zoning Ordinance to issue a building permit under
virtually identical circumstances where a nonconforming structure is voluntarily demolished and
a new structure is built. The Land Court further determined that a building permit may only be
issued under G.L. c. 40A, § 6,¶ 1, second except clause, if the proposed new construction is
actually a "reconstruction" of the original dwelling. Under applicable case law,the new
construction is to be deemed a "reconstruction" only if it is placed on the same footprint and
contains the same dimensions, including length, width, height and living space
5
dimensions. Berliner v. Feldman, 363 Mass. 767 (1973); Lomelis v. Board of Appeals of
Marblehead, 17 Mass. App. Ct. 962 (1983); Dykens v. Gordon, Land Ct. Misc. # 238329,
at¶27 (Dec. 1998). Deviation from the original footprint and dimensions is only
possible where such deviation is required to bring the new dwelling into compliance with
building codes. Lomelis.
The construction plans submitted to you by the Brodericks demonstrate that the proposed
construction is not a reconstruction of the original cottage. Accordingly, the new construction is
not authorized by either the'Barnstable Zoning Ordinances or by G.L. c. 40A, § 6,11, second
except clause. Thus, the building permit should not have been issued.
For the foregoing reasons, the Pembertons request that you enforce the Town of Barnstable
Zoning Ordinances and that the building permit be rescinded forthwith.
Very truly yours,
GARNICK& SCUDDER, P.C.
Gerald S. Garnick, Esq.
Lois M. Farmer, Esq.
cc: Robert A. Pemberton
Robert C. Pemberton
Bernard T. Kilroy, Esq.
John W. Kenney, Esq.
. .'{ The Town of Barnstab
le
BAMSPABU&
9 1163Q `0$ Department of Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
April 7, 1999
Garrick&Scudder,P.C.
Attorneys at Law
32 Main Street
P.O. Box 398
Hyannis,MA 02601
Dear Mr.Gamick,
You mentioned in your April 4, 1999 letter that you were in my office on March 30, 1999 and viewed the
Building Permit application fort 4:1A Wianno Avenue in Osteivill"e? After our Town Attorney notified us
that you had called them to report that the building was already taken down,we noticed that the permit had
still not been issued. We contacted the builder and informed him of the problem and recommended that he
follow through with the permit to RAZE the building after the fact and we issued that permit on Friday.
As far as whether or not I may issue a permit to RAZE and rebuild a home on a new non-conforming lot,
that is a zoning determination that is my decision to make and I will make it at the appropriate time.
Sincerely,
Ralph Crossen
Building Commissioner
RC/sc
g040799b
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c
Garnick & Scudder, P.C.
ATTORNEYS AT LAW
32 MAIN STREET
POST OFFICE BOX 398
GERALD S.GARNICK HYANNIS,MASSACHUSETTS 02601 LOIS M.FARMER
JOYCE W. SCUDDER (508)771-2320 PAUL J.ATTEA
FAX:(508)771-3304
April 4, 1999
Ralph Crossen, Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: John and Betty Broderick
141 A Wianno Avenue, Osterville
Our File No. 15581
Dear Mr. Crossen:
I am writing to you on behalf of Rob and Robert Pemberton of Wianno Avenue in
Osterville concerning planned construction by the Brodericks on their property.
On Tuesday, March 30, 1999 at approximately 11:30 a.m. we were at your office and
were informed by a clerk that the application of Mr. Broderick for a demolition permit
and a building permit for his property located at 141A Wianno Avenue in Osterville had
not yet been issued. On behalf of the Pembertons we are hereby informing you that it is
our opinion that you do not have the authority to grant a building permit to the Brodericks
because it is our understanding that the zoning on Wianno Avenue is one acre and at the
present time the Brodericks' property is less than one acre.
Should you have any questions concerning this matter and should you forward it to the
Town Counsel, we would be more than willing to discuss this matter with you and/or
Town Counsel.
Thank you for your courtesy and cooperation in this matter.
Very truly o s
GARN C DER, P.C.
G a S. Garnick
GSG:pr
cc: Robert A. Pemberton
Robert C. Pemberton
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14- op- 1
MAScheck COMPLIANCE REPORT
Massachusetts Energy Code Permit #
MAScheck Software Version 2 . 0
Checked by/Date
CITY: Hyannis
STATE: Massachusetts
HDD: 5973
CONSTRUCTION TYPE: 1 or 2 family, detached
HEATING SYSTEM TYPE: Other (Non-Electric Resistance)
DATE: 3-3-1999
DATE OF PLANS : 3/3/99
TITLE: 141 A WIANNO AVE. OSTERVILLE
PROJECT INFORMATION:
-BRODERICK RAZE AND BUILD
"COMPANY INFORMATION:
BAYSIDE BUILDING, INC.
COMPLIANCE: PASSES
Required UA = 440
Your Home = 360
Area or Insul Sheath Glazing/Door
Perimeter R-Value R-Value U-Value UA
-------------------------------------------------------------------------------
CEILINGS 1556 38 . 0 0 . 0 47
WALLS : Wood Frame, 24" O.C. 2224 19 . 0 3 . 0 117
GLAZING: Windows or Doors 298 0 . 350 104
GLAZING: Skylights 32 0 . 350 11
DOORS 21 0 . 350 7
FLOORS : Over Unconditioned Space 1556 19 . 0 74
--------------------------------------------------------------------------------
COMPLIANCE STATEMENT: The proposed building design represented in these
documents is consistent with the building plans, specifications, and other
calculations submitted with the permit application. The proposed building
has been designed to meet the requirements of the Massachusetts Energy Code .
The heating load for this building, and the cooling load if appropriate
has been determined using the applicable Standard Design Conditions found
in 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 780CMR 1310 and J4 .4 .
Builder/Designer Date
l
MAScheck INSPECTION CHECKLIST
Massachusetts Energy Code
MAScheck Software Version 2 . 0
141 A WIANNO AVE. OSTERVILLE
DATE: 3-3-1999
Bldg.
Dept .
Use
CEILINGS :
[ ] 1 . R-38
Comments/Location
WALLS:.
[ ] 1 . Wood Frame, 24" O.C. , R-19 + R-3
Comments/Location
WINDOWS AND GLASS DOORS:
[ ] 1 . U-value: 0 . 35
For windows without labeled U-values, describe features :
# Panes Frame Type Thermal .Break? [ ] Yes [ ] No
Comments/Location
SKYLIGHTS:
[ ] 1. U-value : 0 . 35
For skylights without labeled U-values, describe features :
# Panes Frame Type Thermal Break? [ ] Yes [ ] No
Comments/Location
DOORS:
[ ] " •1 . U-value: 0 . 35
Comments/Location
FLOORS:
[ ] 1 . Over Unconditioned Space, R-19
Comments/Location
AIR LEAKAGE:
[ ] Joints, penetrations, and all other such openings in the building
envelope that are sources of air leakage must be sealed. Recessed
lights must be type IC rated and installed with no penetrations
or installed inside an appropriate air-tight assembly with a 0 . 5"
clearance from combustible materials and 3" clearance from insulation.
VAPOR RETARDER:
[ ] Required on the warm-in-winter side of all non-vented framed
ceilings, walls, and floors .
MATERIALS IDENTIFICATION:'
[ ] Materials and equipment must be identified so that compliance can
be determined. Manufacturer manuals for all installed heating
and cooling equipment and service water heating equipment must be
provided. Insulation R-values and glazing U-values must be clearly
i marked on the building plans or specifications .
DUCT INSULATION:
[ ] Ducts in unconditioned spaces must be insulated to R-5 .
Ducts outside the building must be insulated to R-8 . 0 .
l
.r+
DUCT CONSTRUCTION:
[ ] All ducts must be sealed with mastic and fibrous backing tape .
Pressure-sensitive tape may be used for fibrous ducts . The HVAC
system must provide a means for balancing air and water systems.
TEMPERATURE CONTROLS:
[ ] Thermostats are required for each separate HVAC system. A manual
or automatic means to partially restrict or shut off the heating
and/or cooling input to each zone or floor shall be provided.
HVAC EQUIPMENT SIZING:
[ ] Rated output capacity of the heating/cooling system is
not greater than 125% of the design load as specified
in sections 780CMR 1310 and J4 .4 .
MISC REQUIREMENTS:
[ ] Refer to 780 CMR, Appendix J for requirements relating to swimming
pools, HVAC piping conveying fluids above 120 F or chilled fluids
below 55 F, and circulating hot water systems .
- ----NOTES TO FIELD (Building Department Use Only) -------------------------
5
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G Western SureCompany
D 7
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LICENSE AND PERMIT BOND
For County,City,Town or Village Only-Not Valid for Bonds Required by the State.Not Valid for Contract, ;
Performance,Maintenance,Subdivision,Agent to Sell Hunting and Fishing Licenses or Utility Guarantee Bond.
D u
KNOW ALL MEN BY THESE PRESENTS: BOND No. L&P•4 2�9 2 9�2 8 3
That we, Bays•ide Building, Inc.
of the Village of Centerville , State of Maccarh,isetts , as Principal,
n
and WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State
of Massachusetts , as Surety, are held and firmly bound unto the
Town of Barnstable , State of Massachusetts ,Obligee,in the amount
(Valid only when a County,City,Town or Village is named as Obligee)
of Five Hundred Forty and 00/100*************************DOLLARS ($40-00***AAAAA),
_ (NOT VALID FOR MORE THAN$25,000)
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly
to be made, we bind ourselves and our legal representatives,jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal has been
licensed . to construct a single family dwPll;ng at 14 TOsterv}lle
MA 02655 135 feet frontage by the Obhgee.
N ►� 9 FORE, if the Principal shall faithfully perform the duties and comply with the laws and
orc � u� all amendments), pertaining to the license or permit, then this obligation to be void,
o se0l gre. n full force and effect for a period commencing on the /.t:I} day of
'9�► ;�= i!►gag_, and ending on the 4t�_day
a lc4arch V1 2M 9nnn , unless renewed by continuation certificate.
•rli0in }� 'rminated at any time by the Surety upon sending notice in writing to the Obligee and to
t •'r}c1 1, the Obligee or at such other address as the Surety deems reasonable, and at the expira-
tio days from.the mailing of notice or as soon thereafter as permitted by applicable law,
which��4+eiP'this bond shall terminate and the Surety shall be relieved from any liability for any subsequent
acts or omissions of the Principal.
Dated this 4th day of Mgrch ,
Principal
Principal
Coun rsi ed WESTERN SU ETY CO ANY
By By
7'r D
Resident Agent President
° °
ACKNOWLEDGMENT OF SURETY
° STATE.OF SOUTH DAKOTA (Corporate Officer)
County of Minnehaha ss
On this day of ,before me,the undersigned officer,personally
G appeared Stephen T.Pate ,who acknowledged himself to be the aforesaid officer of WESTERN
SURETY COMPANY,a corporation,and that he as such officer,being authorized so to do,executed the foregoing ;
instrument for the purpose therein contained,by signing the name of the torpor n by himself as such officer. ;
IN WITNESS WHEREOF, I have hereunto set my hand and official s
D i
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J. RHONE ,s
NOTARY PUBLIC �� P
c9EAL SOUTH DAKOTA SEAL otary Public, South Dakota
D My Commission Expires 6-12-2004 f Western Surety Company • 101 S. Phillips Ave.
D Form 849•A—12.97 + Sioux Falls, SD 57104 • 1-605-336-0850
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ACKNOWLEDGMENT OF PRINCIPAL
(Individual or Partners) ;
6
STATE OF
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On this day of ,before me personally appeared o
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known to me to be the individual_ described in and who executed the foregoing instrument and n
e °
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acknowledgedjto me that_he_executed,the same.
My commission expires -
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL
(Corporate Officer)
STATE OF
ss
County of
On this day of ,before me,
personally appeared , who acknowledged himself to be the
of , a corporation,
and that he as such officer being authorized so to do, executed the foregoing instrument for the pur-
poses therein contained by signing the name•of•the corporation by-himself as such officer.
My commission expires
Notary Public
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KILROY & WARREN, P.C.
ATTORNEYS AT LAW
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
April 30, 1999
Ralph Crossen
Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re : Assessor' s Map 140, Parcel 56
141A Wianno Avenue
Osterville, MA
Dear Mr. Crossen:
This office represents John W. Broderick and Betty A.
Broderick, the owners of the above property, who have filed an
application for Building Permit to construct a single family
residential dwelling on the above described lot .
In my opinion the Brodericks are entitled to a Building Permit
under the provisions of 4-4 . 2, non-conforming lots : 1) separate lot
exemption.
Enclosed are copies of the deed from Shirley C. Crosby to
George E. Gr'egson et ux of the property shown as Lot 1 on a plan
prepared for Shirley Crosby and recorded in Plan Book 172 , Page 99,
a copy of which is enclosed, copy of a deed from Mary J. Gregson to
Donald A. Gregson of the property, recorded in Book 4297, Page 313 ,
and finally copy of a deed from Donald A. Gregson to the
Brodericks, recorded on June 30, 1995 in Book 9732, Page 296 .
On the date of the original conveyance from Crosby to the
Gregsons the lot was in a RB Zone requiring 10, 000 square feet, 20
feet of frontage, 100 foot width and a 20 foot setback and 10 foot
side and rearyard.
The 1969 Zoning Map changed the area to RC requiring 15, 000
square feet, with the named dimensional requirements the same as
the old RB Zone . At all times from the date of the original deed
from Shirley Crosby to the Gregsons in 1962 to the current day, the
lot has been in ownership separate from adjoining land.
If you need any further information please feel free to
contact me .
Sincere
rn
a
. Kilroy
BTK:bb
cc : John Kenney
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.i 20123'dd 8P,09792-0296 9S-06-30 10'21 #0320'3S
!
�' 2iCL]►ZM DBBD �
f I, DONALD A. GREGSON, Of RR#1, East Stoneham, Maine, for
1 ,. consideration of One !Hundred Thirty-Five Thousand and
no/100 ($135,000.00) llars paid, grant to John W.
sj Broderick and Betty Aa Broderick, husband and wife as
tenants by the entire y,
se both of 114 Prendiville Way'
Marlborough, Massachu is
_t - with Quitclaim Covenant, r
1
the land together with; the buildings thereon situated at
141A Wianno Avenue, Iartistable (Osterville) Barnstable
1)h County, Massachusetts, pounded and described as follows:
;. Commencing at the s uthern most bound of said premises
by a certain 20 f�ot. private way and the Northeast
f; corner of Lot 2 as shown on a plan hereinafter
mentioned; thence �J 46 06 30 W by said Lot 2, a
distance of 107.79 feet; thence N 46 22 20 E by land
-H of Shirley C. Crosby, a distance of 126.14 feet;
thence S 42 48 10 0 by land of Kenneth H. Benoit, et
ux, a distance of 310,07 feet; thence S 49 36 59 W by
said way, a diet nce 120 feet to the point of
beginning.
I ,
!; Containing 13,360 s�uare feet, more or less, and being
shown as LOT 1 on plait of land entitled "Plan of Land
;V.i In Osterville Batns;cable, Mass., As Surveyed For
Shirley C. Crosby, Scale 1 In = 40 Ft. , Sept. 26,
},
1962 Nelson Beaf72,
se & Richard Law, Reg. Land
Surveyors, Centervlle, Mass, ", which said plan is
duly recorded in he Barnstable County Registry of
Deeds in Plan Book Page 99.
Together with the #ght to use the 20 Ft. Way shown on
Plan Book 172, Page 99 for all purposes for which ways
are used in the own of Barnstable, including the
right to install Ptilities in, under and over the
same.
Being, 9 the same premises conveyed by deed of Mary J.
Gregson to Donald A. Gregson, dated February 12, 1980,
j; recorded in Book 42�7, Page 313.
At
n•� f1 Cry_
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35
totza.dd gp:091'32-0237 95-06-30 10:21 #1332095
* See also Judgment Of the Barnstable Probate & Family
Court, Docket No. 94E-0070-GC1, dated March 28, 1995,
recorded in Book 904, Page 110.
t; �
WITNESS my hand and sea this J'd—day of June, 1995.
i
n Greg on
t
s COMMONWFJ+TH OF MASSACHUSETTS
Barnstable, ss. June 1995
Then personally appe 'red the above named Donald A.
Gregson, and acknowled ed the foregoing instrument to be
his free act and deed, pefore me-
Albert z
Notary Publ
My commission expires: 09/19/97
1
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�- _< BARN TABLE REGISTRY OF DEEDS
- - K
Z v -
. w4297 fKt 313 52372 '
' DEED "
I, MARY J. GREGSON of Barnstable (Osterville), Barnstable
County, Massachusetts in consideration of One Dollar, grant to DONALD A.
GREGSON of 71 Tower Hill Road, Barnstable (Osterville), Barnstable j
County, Massachusetts with QUITCLAIM COVENANTS the 1 and together with
the buildings thereon situated in Barnstable (Osterville), Barnstable County,
Massachusetts, bounded and described as follows.
Commencing at the Southern most bound of said premises by a
certain 20 foot private way and at the Northeast corner of Lot 2 as shown
on a plan hereinafter mentioned; thence N 46 06 30 W by said Lot 2 a distance
of 107.79 feet; thence N 48 22 20 E by other land of the grantor a distance of
126.14 feet; thence S 42 48 10 E by land of Kenneth H. Benoit et ux a distance f�
of 110.07 feet; thence S 49 36 50 W by raid way a distance 120 feet to the point j
of beginning. Together with a right of way for all purposes for which ways
are commonly used over the 20 foot way as shown on said plan. The above-
described premises are shown as Lot 1 on a plan entitled"Plan of Land in
Osterville, Barnstable, Mass. as surveyed for Shirley C. Crosby, Scale 1 in.
equals 40 ft., Sept. Z6, 1962". Said plan is duly recorded in Barnstable
County Registry of Deeds in Plan Book i9� Page 99
For title see Deed of Shirley C. Crosby to George E. Gregeon and \�
Mary J. Gregeon dated October 2, 1962 and recorded in said Registry in
Book 1175, Page 381.
George E. Gregeon died September 11, 1976. See Release of
.or * Massachusetts Estate Tax Lien recorded in said Registry in Book 2460,
Page 044. h
WITNESS MY HAND AND SEAL this /,0"day of February 1980.
1
S� Mary J. r so
COMMONWEALTH OF MASSACHUSETTS
S
BARNSTABLE as February 1980
Then personally appeared Mary J. Gregeon and acknowledged the
foregoing instrument to be her free act and deed.
Before me,
Xc
/ot�aryPu c
�:. My Commiedon Expires:� /� /9X3
NEpRY F.SIIRN
COONSZLL02 AT LAW
R►rss.ws.aMi
- F
r
f•
APR-01-1999 11:05 COL GAS MARKETING P.02
U
COLONIAL
r P ° N Y
.,S00-,i 184 000508-394
G 4 S C 0 n7
r•., '
April 1, 1999
Bayside Building Company
P.O. Box 95
Centerville, Ma 02632
Att: Mr. John Bowes
Please accept this letter as confirmation that there is no gas service to 141 A Wianno
Avenue, Osterville, Ma.
Sincerely,
Scott Stevens
Marketing Representative
TOTAL P.02
'Mai -26-99 14: 58 Qst6ar-v i l le Wa,Lg2a- Opt- 508 428 3508 P-OZ
Centerville-Osterville-Marstotis Mills
Water Department
P.O. BOX 369- 11114 NIA IN STREET
OST'F RVILLE,MASSA.Q"FDI'tSFT t•S 02655 ¢4��a spy
()HFII'F OF y=t C
BOARD OF VVATEK COMMISSIONERS WATER �+
WA'1'F:R SUPERINTENDENT DEPT.
TEL.Nu:i08-429.-MITI
FAX PIS.SIIM•4Z>ti.:1S1)�
March 26, 1999
Town of Ti
Building Department
367 Main Street
Hyannis, MA 026CI1
Re: Acc.ou!it #2496
141 A Wianno Avenue
0stervillz, MA
Gentlemen:
Today On 'March 26, 1999 the Water Department dis.cotinected the wa.tcr
Service at the curb stop to the property mentioned above. Jt is our understanding the
owner plans to re-build and have a new water service at that.time.
If you have any yut,stions, please call our office.
Very truly yours
s�
Craig Crocker
Superintendent
CC:/jw
Ma Y7 11�26-99 14 : 58 OsLier-ville Water Dpt 508 428 3508 P.01
'Waro,., Department
P.O. SOX 069 . H-36 NIAIN STREET
OSTEJ,'� !LLL-., ,1ASSAL"ItUSET"i'S 02,61,1
Bo-",PD OF WA"ilP. COLMISSIONERS T R
o P'r.
WATER SUPERINTENDENT
TEI-No. S03-42-1-669I F:LX CON I N I I NI C.,k T 10 N I E SS c E
FAX No. SOB-428-350S
DA'7:
12
ATT"
.F.
F.. X
WEARIE NO Hl.--, CO f*!,.P,
IF 'i:(D(.' DC-) N:.')'!' kl:*('..T�� E TI I E TOTAL
L 1:
NDTs_S:
c 1. THIS PARCEL IS NOT LOCATED IN THE.FLOOD PLAIN. ZONE IRC
2. THERE ARE NO WETLANDS LOCATED WITHIN 100' OF THIS LOCUS. y-` - 34.8 C.B.
3G'9 3. REMOVE UNSUITABLE SOILSYBENEATH PROPOSED SYSTEM, BACKFILL FRONT -SETBACK - 20' C.B. N48°22'20'E " �D'
WITH CLEAN GRANULAR MATERIAL FILL TO BE GRADED AS FOLLOWS: NOT
MORE THAN 15% RETAINED ON No. 4 SIEVE, NOT MORE THAN 90% RETAINED SIDE SETBACKS = 10' FND. I 126,13' 6.9
Z� e0' mi9 .5.�
ON No. 50 SIEVE, OF FRACTION PASSING No. 4, 10% OR LESS TO PASS No. °j .. ..1 �o' 1 r�i� ,of
OR LESS TO. PASS No. 200 SIEVE, SOIL TO BE APPROVED REAR. SETBACK = 10 Qv % I
100.SIEVE AND 59b shed ^"
BY ENGINEER FOR COMPLIANCE PRIOR TO PLACING.ON SITE. BUILDING HEIGHT = 30 5 '"- I ,1
4. LOCATION OF UTILITIES NOT SHOWN ON THIS PLAN, AT LEAST 72 HOURS �E' '� y ` x w Exisltirrg septi system plotted
PRIOR TO ANY EXCAVATION FOR THIS PROJECT CONTRACTOR SHALL MAKE
_r
`tea �32.9 s 3 3�.51 1 34.4 , from Ipspecti card prepared
THE REQUIRED NOTIFICATION TO DIG SAFE (1-888-344-7233) AND APPROPRIATE , «� `���. �� 32.9 by doritolottt onstruction Inc.
2a io' 34.5 \6/16/ 5 � 36.1
WATER DISTRICT TO'DETERMINE UTILITY LOCATIONS. _. , : J IZ g
6�sh„ V existin
. c"ess ool I "a-
gg DESIGN I3_ATA- 2"fie, s3onc g �a6��.1� � O �! c I , �IF,_�
SINGLE FAMILY- 3 BEDROOMS �---�
°Sc6 �i �� PVC J W 9
4 r F1 32.3 O ��� °a/ sa® rsif/% I `` leach- it � �l e a N
NO GARBAGE GRINDER' / m existing 3 .5
9"-I i4.,. U sllcj S�.La £ s house , x' v6 35.3
I�1� �.•c !'Low 3 ?� IIU trA1 i1,24irm o ?a3� `a?� � / -33.6 f.f.el.= 35.91
c ;prAj t 33 0 x Z00% � G6o oar. � y 32.1. 7
Y4' 37'. A
330 6 d:-= C,74 d l
n ,. . �i'�/.5>= Q�� �4 4.0
�•'K2� Trcrch
USE: :.
S pc�w a l l 2 (z'x �' Y = 22 4 S� @ENCHIMARK , � x 6L ' ' c
�+G I�•rv� �L•`3= .�?tpr''- 2 4 �/� - -L.Gacl.e,n !rcvLcin �3--- l TOP OF C.B.
��a EL. 32.77'-A_SSUa -1.€ 13,375 S,F,
12� �c. ..
_HIT OFF 120 00'. 31 PI�r y ,16� TO WIANNO AVE.
31.5 .. - 33.5
$ a 32.5 dirt d
S49 36 50 W
-�� .. 32.3 r r �.�
To . o rc?n-.35,5 _ / RIVATE WAY 20' WIDE Y'.� �'` 32.7 ; �c d'
p f i 31.5 _ ?3�.P v -��� STEPHEN goti
q �0vice,5 Eo wi in to vof �J�,sf. rs�e I� fwo c� �2ve( 4F 7J3.4 - i AL YN'
PLAN
6 N' �� 0.30216
d �:vs..r^.�'.�./ d�` ,s✓'i.:'r-.-i.�'7�"s'^�'%�Z`g J
l
U5 H 9oc FG/STER``� c��c'
3).1 SCA 1 = 3
$0,9 30,6 D'st', Wiz. LEA 74 S�ONALEN
alb .C-�Flan 30.' Dom- 3orp ✓ -1 9f�GrS�1E��o ��
0 S
cti,�7� //•LnCir _
stz� ,ank -
TEST HOLE .
- AXTER do ME INC. A0CANNO i�
/ 6 C T yy
MARCH 4. 1999 t
#P-9367 #141 WI AVE: .
Cl33.0 £r 3 5 OSTERVILLE ,
o _ �tt TE:� �► S�,�p Laden a_
c, Srr �o vie ���. v- y FEB. 23- -1999.
r ROt"'I L.c�" - l�lei= •ta sc.ni� .
g 'Lrt ZZ.o ZOn Id Y.2 LII3 � Snn�y �CGIYi P1aL-14tl R{'���i'z.ES`�i..SF'
8 �• .. /
Z4«_ �o yQ s /e BOOK 172 PAGE 99
io. 1/? 6//o c. ASSESSORS MAP 140, PARCEL 5e
1 I CERTIFY THAT THE PROPOSED FOUNDATION 5�2.6
io Yfe. � Z �� JOHN A. BRODERICK
COMPLIES WITH THE TOWN OF BARNSTABLE SIDELINE �loi'= a�,b ,n� ccssp�a s . .
AND SETBACK RE EMENTS AND IS NOT LOCATED pupec4 .�µ� e{ ri urtsnee�.
WITHIN THE FL❑ BAXTER & NYE INC.
DATE: 3-l0- 'R.L.S. X11V G74 err. nJo c.Ia fx� LAND SURVEYORS ,CIVIL ENGINEERS .
13Z.-
g £c 2d.o �/2.3.5 OSTERVILLE,MASS.
s
THE OFFSETS HOWN SH ULD NOT,BE USED TO DETERMINE LOT LINES. , -� #99007
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SMOKE DETECTORS REVIEWED
AB B LDI G DEPT. DATE ��,.
FIRE DEPARTMENT DATE ,
BOTH SIGNATURES ARE REQUIRED FOR PERMITTING
L�
CA
CARBON MONOXIDE ALARMS
MUST BE INSTALLED PER J/,%
MASSACHUSETTS BUILDING CODE '/ _L�1. -
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