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Safeguard
..: Properties 7887 Safeguard Circle
Valley View,01144125
800 852.0306 p
W/O#303187412 216 739.2900 p
216 739.2700 f
Town of Barnstable Building Commissioner
200 Main Street
Hyannis, MA 02601
Date: 7/19/2019
To Whom It May Concern:
We are writing to inform you on behalf of our client: Rushmore Loan Management Services,the
previous registrant for the property located at:
Address: 77 BARNHILL ROAD, WEST BARNSTABLE, MA, 02668 '
Please be advised that this mortgage/property has: sold to a third party. r =
Please know that during our research, we have found no process in which to formally,de-register
this property with your jurisdiction. Please contact us directly at 800-852-8306 or a `�
vpr.orders(o)safeQuardproperties.com if in fact you have a process in which we are not yet aware
of. Otherwise,please consider this notice as a formal de-registration of the property on behalf o
the client mentioned above.
If you have any questions or concerns,please feel free to contact us, directly.
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www.safeguardproperties.com
WO#204854179
NO FEE
REGISTRATION AND CERTIFICATION FORM
FOR FORECLOSING/FORECLOSED PROPERTY
Thank you for registering in accordance with Town of Barnstable Code chapter 224
sections 224-3 and 224-4. Please complete one form for each property in foreclosure
(section 224-3) or already foreclosed for which possession has been taken (section 224-
4). Please file the original with the Building Commissioner and a copy with the Chief of
the Fire District in which the property is located.
If you claim you are exempt from registering under Massachusetts law, please state the
reason(s) and complete section 1 (property information) and the first paragraph of
section 2 (foreclosing party, court, etc. and foreclosing party representative, but not other
representatives and attorney) so that the Town can review the exemption and update its
records:
Section 1 —Property Information
Property Address: 77 BARNHILL RD., WEST BARNSTABLE, MA 02668
Assessors Map#: M108LO18 Parcel#: UNKNOWN
Land area and description ONE FAMILY 2 STORY HOUSE
Building(s)description and contents ONE FAMILY 2 STORY HOUSE
Occupied: Occupant(s)(if borrowers so state and include name(s))
NA- PROPERTY IS VACANT
Phone: UNKNOWN email: UNKNOWN other: NA
Vacant: NA—Date: NA Anticipated Length of Vacancy: NA
Last occupant(s) )(if borrowers so state and include name(s))
era ` NA
In: Phol UNKNOWN email: UNKNOWN other: NA
Has possession been taken NA If so, please explain and complete and file the
o maintenance and security plan form (unless exempt as stated above) NA
Section 2—Foreclosing Party Information
Foreclosing Party (full name/title) RUSHMORE LOAN MANAGEMENT SERVICES
Foreclosure Case Court: UNKNOWN Docket# UNKNOWN
WO#204854179
Date filed: 12/22/18 Current Status: ACTIVE FORECLOSURE
Foreclosing Party's representative(s) for property (entry, management, repair,
etc.)(name, title,): PROPERTY PRESERVATION
Company (if different from foreclosing party): RUSHMORE LOAN MANAGEMENT SERVICES
Address: 15480 LAGUNA CANYON RD, STE 100 IRVING, CA 92610
PropertyPreservation@ rush morelm.corn NA
Phone: 949-341-5601 email: other:
If an exemption is claimed, please do not complete the remainder.
Other representative(s) (if foregoing representative is primarily responsible for
property and/or foreclosure and is most likely to be able to address town matters
concerning the property and/or foreclosure, please so state and do not complete
contact information (i. e. "none" or"see above")). PROPERTY PRESERVATION CO TO RECEIVE
Name, title, other: CODE COMPLIANCE
Company (if different from foreclosing party): SAFEGUARD PROPERTIES
Address: 74887 SAFEGUARD CIR., VALLEY VIEW, OH 44125
800-852-8306 codecompliance@safeguardproperties.com NA
Phone(s): email(s): other:
Name, title, other: NA
Company (if different from foreclosing party): NA
Address: NA
Phone: NA email: NA other: NA
Attorney representing foreclosing party ORLANDS PC
Firm name (if different from attorney's name): ORLANDS PC
Address: 1650 W BIG,BEAVER RD., TROY, MI 48084
Phone(s): 248-502-1400 email(s): NA other: NA
I acknowledge that the information provided is accurate and correct. I also understand
that any inaccurate information will result in non-compliance with section 224-3 of
chapter 224 of the Code of the Town of Barnstable.
. ",;t ._ Date: 1/12/19
Name: Safeguard Properties
Title: Property Preservation Company to Receive Violation Notices - -ON BEHALF OF RUSHMORE LOAN MANAGEMENT SERVICES
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3
J WO#204854179
I hereby certify that the above-named foreclosing party is in compliance with the
provisions of section 224-3 of chapter 224 of the Code of the Town of Barnstable.
Date:
Building Commissioner, Town of Barnstable
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The Town of Barnstable
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V : Inspection Department
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N 367 Main Street, Hyannis, MA 02601
508-790-6227
June 22, 1994
Gregory and Linda weaver
77 Barnhill Road
West Barnstable, MA 02668
Re: Family Apartment, Appeal Number 1986-02
77 Barnhill Road, West Barnstable, MA
Dear Property Owners:
on January 9, 1986 the Zoning Board of Appeals granted a special permit
to Frederick and Carolyn Hart for a family apartment at the above referenced
address, under section 3-1.1(3) (D) of the Town of Barnstable Zoning Ordinance.
The ordinance permits accommodations for a kitchen and bath to supply a year-
round'residence for a member or members of the property owners family for
whom the special permit was granted. Said permit is non-transferrable and any
and all. sales of the property negate the special permit. Any similar use can
only be granted by the Zoning Board of Appeals if conditions so warrant. It
should also be noted that said authorization was required to have been filed
with the Registry of Deeds in order to prevent any violation of the special
permit.
our records indicate that you are the current owner of the above
referenced property to which a family apartment was authorized by the Zoning
Board of Appeals. should this be the case, you would be in violation and said
unit must be removed.
Please contact this office immediately regarding this matter.
This office shall strictly enforce the provisions of the Zoning
Ordinance. I trust that any legal action can be avoided.
very truly yours,
Alfred E. Martin
Building Inspector
AEM/km
cc: Zoning Board of Appeals
Town counsel
F920803A
TOWN OF BARNST.ABLE. r. OS �qY
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'---*INSPECTION DEPARTMENT,,
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367 MAIN STREET •. .. - N , O � r
HYANNIS. MA 026011i. 7 JtJN cti
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} ,A, .s : The Town of Barnstable
...A Inspection Department
aNil 367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
June 7, 1994
Mr. & Mrs. Frederick & Carolyn Hart
77 Barnhill Road
West Barnstable, MA 02668
Re: Family apartment located at:
77 Barnhill Road, West Barnstable, MA
Dear Mr. & Mrs. Hart:
In 1993 you filed an affidavit with this office -re the above
referenced family apartment. It is required, by section 3-1.1(3) (D) (1)
of the Town of Barnstable Zoning ordinance, that an affidavit be
submitted annually for the duration of such occupancy.
Enclosed is an affidavit form for your convenience. Please
complete this form and return it to this office as soon as possible.
Very truly yours,
d�eartin
Alfred E.
Building Inspector
AEM/km
enclosure
F010191B
LOC 0077 BARNHILL ROAD CTY 05 TDS 500 W13 KEY 52917
----MAILING ADDRESS------- PCA 1011 PCs co !R 00 PARENT . - o-
WEAVER, GREGORY L & LINDA- A MAP AREA 05AB lil) I MTG 11002
77 -DARNHILL RE! SPI, SP2 S P:.-:!
UT u'r2 . 83 SO FT 2004
WESTBARNSTABLE MA 02668 AYE 1985 -EYE 1986 OBS CONST
LAND 37300 imp 125300 OTHER
----LEGAL DESCRIPTION---- TRUE MKT 162600 REA . . CLASSIFIED
#LANED i 37, 000 ASD LND 37300 ASD IMP 125300 ASD OTH
#BLDG(S) -CARD-1 I 1 25, 300 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE
#DL LOT 56 TAX EXEMPT
#PL BARN HILL RD RESIDENT"L 162600 162600 162600
#RR 0074 0171 OPEN -SPACE
COMMERCIAL
INDUSTRIAL
EXEMPTIONS
SALE 07/92 PRICE 197520 ORB 8123/337 AFD 1 TE
LAST ACTIVITY 06/10/93 PCR Y
.......------------------- --------- -------- -----_-----------
i
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss: AFFIDAVIT
I , r"Y�� l-��r-t� being on oath, depose
and state as follows : _
reside at_ 7 ., 1` CLrn ' of
2 . ) I am the owner of the propert,� ocated at °
shown on Barnstable ..�e,.,,or,,Asp s '
Maps as :
Map _ / ®19" , Lot 1 $.
3 . ) On TaV\L)CL y a 3 19 B(n. , the Zoning Board of
Appeals, on Appeal No. g.rented me a special
permit to maintain a family apartment at the above address .
4 . ) I understand that the family apartment may only be
occupied by ,members of my family who are persons related to
me by blood or by marriage .
5 . ) The following members of my family will be the
E
sole occupaits of the fa ily apartment at the above address:
(1) Name: n n,a- ry) . I4 ar
Relationship to Owner: _ o
(2) Name: °
Relationship to Owner:
6 . ) The family apartment will be the primary year-
round residence for the above-identified family members .
7 . ) In t:.he event that the above-listed relatives)
vacate said apartment. , I will immediately notify the
Building Commissioner in writing .
8. ) I understand that no subletting or subleasing of
said family apartment is permitted.
9. ) I understand that. I am required to annually file
an Affidavit with the Building Commissioner listing the
names and relationship of my family members Occupying said
family apartment .
10 . ) I understand that I am required to•.comply with
all conditions imposed by the Board of Appeals in Appeal No.
10 . ) I agree to immediately notify the Building
Commissioner in the event of the sale of the above-listed
property.
Sworn to under the pains and penalties of perjury this
day of
4 l
RECEIVEO
�A � (Signature)
AY �99�. r (Please Print Name) :
emcorurn�rr l`QY'�Tom.. —•
4
RECEIVED
f MAY, 2 2 1991 '. -
COMMONWEALTH OF MASSACHUSETTS
eunnu�co�t
BARNSTABLE, ss: AFFID'�1VIT �FB ru
I , reoQeY�c)C C , ca-r1" being on oath;..depo'se
and state as follows :
1 . ) I reside at `� VOt.r n���
W es e-r n S -e.b I-p-
2 . ) I am the owner of the property located at
S'0-me
shown on Barnstable Assessors ' Maps as :
Map Lot l g
3. ) On -3ran. `� 19 the Zoning Board of
Appeals, on Appeal No. (TV. - 0 2 grunted me a special
permit to maintain a family apartment at the above address.
4 . ) I understand that the family apartment may only be
occupied by .members of my family who are persons related to
me by blood or by marriage .
° 5 . ) The following members of my family will be the
sole occupa��ts of the fa ily apartment at the above address:
(1) Name: %
Relationship to Owner: M04 e. .
(2) Name:
Relationship to Owner: .
6 . ) The family apartment will be the primary year-
round residence for the ;above-identified family members .
7 . ) In the event that the above-listed relative(s)
vacate said apartment., I will immediately notify the
Building Commissioner in writing .
8 . ) I understand that no subletting or subleasing of
said family apartment is permitted.
9 . ) I understand that. I am required to annually file
an Affidavit with the Building Commissironer listing the
names and relationship of my family members occupying said
family apartment .
10 . ) I understand that I am required to..comply with
all- conditions imposed by the Board of Appeals in Appeal No.
19TL - oZ
10 . ) I agree to immediately notify the Building
Commissioner in the event of the sale of the above-listed
property.
Sworn to and the pains and penalties of perjury this
day of. 192L.
(Signature)
(Please Print Name) ;
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.3rr,3eph U. UaLury Telephone: 775-1120
Building Commissioner Ext. 107
TOWN OF BARNSTABLE
BUILDING DEPARTMENT
TOWN OFFICE BUILDING
HYANNIS , MASS. 02601
June 14 , 1990
HomePort Realty
1074 Main Street
Barnstable, MA 02630
Re: Family Apartments
Dear Realtors
This office is in receipt of a newspaper advertisement - .
offering a "Quality Cape family apartment" on Barn Hill Road
for sale through your office. (See Enclosure 1 ) .
Section 3-1 . 1(3 ) (D) of the Town of Barnstable Zoning
By-law (see Enclosure 2) permits accommodations for a
kitchen and bath to supply a year-round residence for a
member or members of the property owner's family for- whom
the special permit w_as granted. Said permit is
non-transferrable. Any and all sales negate the special
ermit. Any similar- use can only be granted by the Board of
Appeals if conditions so warrant .
The above referenced section of the By-law further
states that within sixty (60) days from the date the person
or persons residing in the family apartment vacate the
Premises, the owner or his representative shall remove the
kitchen facilities and request the Building Inspector to
inspect .the premises.
Please be advised that this office shall strictly
enforce the provisions of this by-law. Conviction of a
violation of this by-law is subject to a fine of $100 per
day for each day from the established date of offense and,
also, subject to a criminal complaint to issue from the
First District Court of Barnstable.
Should .you have any questions about this matter; please
feel free to call .
Peace,
�J's ph�D. D L
uildinq Commissioner
JDD/km
cc Board of Appeals
Cape Cod Board of Realtors
Mr. Frederick C. Hart
I ga��ge.vi
Bay':•Possl,
for small home
r6al estate.
�T.....,•photoi.....362- r Y a1^61
BARN TABLE, WEST:"I.s CENTERVILLE:
OPEN.HOUSE and B,`full"functloriin
• Sat. & Sun., 6/9& 10; 1=5' 9.
512 business, 1 room`'Coto•
613 Maine,Post& Beam Cappe, • nial, 8 rentable rooms; ,
332 Woodside Rd. Re• reat income.,;$595,000.
614 duced: $149,900. :428- �,•
615 6593. '775-8288., K R.E., 778.4005
,ea 616 CENTERVILLE: '
617 m��
s16 • BEST BUYS':
OLD.STAGE ROAD�?'�?•-
619 5 bedroom -'$.133;o0o'g j
620 BARNSTABLE, WEST: AMES'WAY,'
625 GARRETT'S POND' 4 bedroom $127;90p•"
630 3 cottages + lot.$450,000: SKUNKET-ROAD
B 635 ROUTE6A 3 bedrooms, dining,robj;h�,'
Home/Retail/Office:.- $123,900
640 $329,000 ," , GLENEAGLE DRIVF'-6'
645 WILLOW STREET , 'Immaculate'. 3 bedroom
650 Antique Cape, 3/3. Ranch ?(,$149,900,
655 $285 000 , PINERIDGE
erel 660 BARN HILL RD.' bedroom.;+ family"room:
Quality "Cape family apt. $145,000 ' .;:,:::;<•:;;�
Y' "665 $27-.000 RICHARDSON-ROAD;.
CEDAR STREET 2 bedroom•+••family.mom,
Ines "601 Spacious.Colonial, 4/3 $129,900 „ `• ,� .
$239,000 PHEASANT-WAY` ;4.
qP ROUTE6A:4,JY s1+> ;Exceti�nt Summer Rental
mderHo me1R6tgMOifice. $138,900
$49,000 BURCHILL ROAD;view Homeport'Realty362-2226. 7 rooms,oak floors,FL•room;
}W $369,000_. BARNSTABLE, WEST: Ro. $1.421900
396• • mantle contem ore WINTER STREET,
p contemporary'with Sunny-4 bedroom
1 executive •office.plus,.in- Ing$119,0oo:,,Ownerenxious
come. $290,000.
�SANDSI... SPRING`.STREET •;,.s.
sell.by own. THE JONES CO 362-2929 3.4 bedroom Cepe;conVen-
/1 450, paid at CENTERVILLE: Elliott Rd. lent to town :$102,000.
4ont fees. Make an offerl$30K below OSTERVILLE"•
775.8288. assessmentl 4 bedroom, Furnished Colonial, el ant
2 f,. 21h baths, 2 car garage. decor - $325,000..Unfur
Only $229,9001 778 5017 nished - $278,000.
TOWER HILL ROAD
:TI CENTERVILLE .— steps to villa a-- $169,900
CENTERVILLE
' b .s locat- Estate Sale, furnished, 6 FAIR"OAKS,
rooms, sunroom, gars e, 2 0 Beautiful Cape, 4 bed-
home $ rooms, formal dining room, ..
/ 2 full baths, garden, exceptional fireplaced family room, im.
/ with Plantings. Needs TLC. peccable condition, mani-
I 2ndl $149,000. Call 617-237.2104 cured rounds, furnishings
G take or 508-790-1351. g 9
negotiable - $365,000.
CENTERVILLE: Charming 6 •6 bedrooms,41A baths,to-
room, 3 bedroom, 2 bath tal privacy; room for pool &
:en- Cape, 2 decks, gas heat. tennis $289,900.
•!fd- By. owner. Reduced to 3 bedroom Ranch, 21h
at- St2ERVI. Calf% . 0317" hs; anchorwaettlnr�..-
�h CENTERVILLE: Y ,, $�49 900
I�u1 L
OPEN �H'OUSE
SUNDAY, JUNE 10, 1230M
12 REDWING TRAIL
Short walk to lake. $172,000
Directions: Old Stage Rd to 4>
Great Marsh Rd to Yacht
;Iub Rd to Redwing Trail. +
INN f4sh
West Main St., Hyannis CROUGHMLL
775.7330 Real Estate
rERVILLE: 1CAS Route 28
1UEST HOUSE 771-8777
apts.,4 room owners
)lus guest rooms, 6 . Centerville Highlafias
'• car garage, walk to 3'bedroom.,Ran" ,dining
$350,000. room,fireplace,Flodda room,
REALTY, 428-1477 2 car garage, workshop.
Owner transferred.$149,000.
�ille - Hi hlands e
bedroom, 2 bath Centerville`Pln� Ride
2 car garage.On 3 bedroom, 1. 1/2; .b th
9 9 Ranch. Fireplace,-dining
t,just reduced to room, ggaragge�, air condition.
immediate smal ing $129 900
7EALTY428.1987 CARPENTER R.E.-�778-1516 "
J:
A) Renting of rooms to no more than six (6) lodgers in one ( I)
multiple-unit dwelling.
B) Public or private regulation golf courses subject to the
following:
a) A minimum length of one thousand ( 1 ,000) yards is provided
for a nine (9) hole course and two thousand (2,000) yards
for an eighteen ( 18) hole course.
b) No accessory buildings are located on the premises
except those for storage of golf course maintenance
equipment and materials, golf carts, a pro shop for the
sale of golf related articles, rest rooms, shower
facilities and locker rooms.
Q Keeping, stabling and maintenance of horses in excess' .'cif- the
density provisions of Section 3-1 . 1 (2) (B) (b) herein, either on
the same or adjacent lot as the principal building to which .such
use is accessory.
_ Farmly apartment subject to-the following:- .7
a) Not more than one ( 1 ) family apartment is provided.
b) The family apartment is within or attached to an existing
residential structure or within an existing building located
i on the same lot as said residential structure.
c) The residential character of the area is retained as nearly
as possible.
d) The family apartment contains not more than fifty percent
(50%) of the square footage of the ekisting residential
structure if being proposed as an addition thereto.
e) All setback requirements of the zoning district within which
the family apartment is being located are complied with.
f) The property owner resides on the same lot as the family
apartment.
g) The family apartment is occupied by members of the property
owner's family only.
h) The occupancy of the family apartment does not exceed two
(2) family members at any one time.
1) The family apartment is the primary year-round residence of
the family member(s) residing therein.
j) The family apartment will not be sublet or subleased by
either the owner or family member(s) at any time.
r
k) Scaled plans of any proposed remodeling or addition to
accommodate the famlly apartment have been submitted by the
property owner or his or her agent to the Building
Commissioner and the Zoning Board of Appeals.
1 ) Prior to occupancy of the family apartment, affidavits
reciting the names and family relationship among the parties
seeking approval have been signed and shall be signed
annually thereafter for the duration of such occupancy.
m) Prior to occupancy of the family apartment, an occupancy
permit shall be obtained from the Building Commissioner.
n) No' such occupancy permit shall be issued until the Building
Commissioner has made a final inspection of the proposed
family apartment.
o)" ` Within sixty (60) days from the date authorized family
- members vacate the family apartment, the owner or hls or her
agent shall remove any kitchen facilities in such unit and
notify the Building Commissioner to inspect the premises.
p) __ _In addition to the provisions of Section 3-1 . 1 (3) (D) (o)
above, upon vacation of any family apartment, the premises
shall be restored as nearly as possible to their state prior
to the creation of such family apartment.
q) The Building Commissioner shall have the right to further
Inspect the premises upon which a family apartment has been
vacated at least three (3) times per year for .three (3)
years consecutive from the time of such vacation.
E) Windmills and other devices for the conversion of wind energy to
electrical or mechanical energy, but only as an accessory use.
4) Special Permit Uses: The following uses are permitted as special
permit uses in the RB, RD-1 and RF-2 Districts, provided a Special
Permit is first obtained from the Planning Board:
A) Open Space Residential Developments subject to the provisions
of Section 3-1 .6 herein.
F
8
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SECTION 5 ADMINISTRATION AND ENFORCEMENT
5-1 Enforcement, Violations and Penalties
5-1 . 1 Enforcement: This bylaw shall be enforced by the Building Commissioner of
the Town of Barnstable or his designee.
5-1 .2 ` Violations: For any violation of this bylaw, the Building Commissioner or
his "designee may, where the situation requires, cause a criminal
complaint to issue from the First District Court of Barnstable or may
institute proceedings in Superior Court to enjoin the construction,
alteration, enlargement, reconstruction or use of any building or the use
of any premises in violation hereof, or further may institute proceedings
to enjoin the construction, alteration, enlargement or reconstruction of
any building which would result in a use in violation hereof.
5-1 .3 Non-conflicting Remedies: The use of one of the remedies described in
Section 5-1 .2 above shall not preclude the use of the other remedy for the
same violation or a continuing violation.
5-1 .4 Veriflcation/When Required: The Building Commissioner or his designee may '
require any plans, documents or sworn statements to be filed with his
office to verify the intended use of a building or premises.
51 .5 Penalties: Anyone convicted of a violation under this bylaw shall be fined
not more than one hundred dollars ($100.00) for each offense. Each day
that such violation continues shall constitute a separate offense.
5-2 - Bonds And Permits
5-2. 1 Performance Bonds/When Required: A performance bond of not less than four
dollars ($4.00) per foot of frontage against possible costs due to erosion
or damage within passable street rights-of-way shall be required by the
Building Commissioner. prior to authorization of any new building, and a
bond or cash security may be required by the Building Commissioner for
other construction, such bond or cash security to be held by the Town
Treasurer until an occupancy permit is granted as provided for in Section
5-2.2 herein. Prior to the proceeding with construction above the
foundation, a registered Land Surveyor shall certify that the structure
has been located in compliance with all yard requirements.
5-2.2 Occupancy Permits: No premises and no building or structure erected,
altered o0 in any way changed as to construction or use, under a permit or
otherwise, shall be occupied or used without an occupancy permit sl'gned by
the Building Commissioner. Such permit shall not be issued until the
Premises, building or structure and its uses and accessory uses comply in
all respects with this bylaw.
5-3 Zoning Board of Appeals
5-3. 1 Establishment of the Board: The Zoning Board of Ap
peals established by
Chapter 215 of the Acts of 1984, as amended by Chapter 295 of the Acts of
1984 and as may be further amended from time to time, is the Zoning Board
of Appeals referred to herein.
79
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, AFFIDAVIT
c)-Y--+ being on oath, depose
and state as follows :
I reside at 17j�_ 'J,l ay-r, d W zsr
2 . ) 1 am the owner of the property located at
shown on Barnstable Assessors ' Maps as :
Map Lot 1 5k
3 . ) On _7:yan. A3 1 19
Appeals, on Appeal No. I -2�G, tt-.ie 2onicig Board of
_ .9 (6 -OL .f granted me a special
permit to maintain a family apartment at the above address .
4 . ) 1 understand that the family apartment may only be
occupied by members Of my family who are persons related t'o
me by blood or by marriage.
5 . )- The following members of my family will be the
sole occupants of the family apartment at the above address :
(1 ) Name:— A kqn A M - Aar-t
Relationship to Owner: rY\0
(2) Name:
Relationship to Owner-
6 . ) The family apartment will be th(E? priri-�ary year-
round residence for the above-identified f8fflilY filers hers .
7 . ) In the event that the above-listed
vacate said apartment, I will immediately 'notify the'
Building Commissioner in writing .
8 . ) 1 understand that no subletting or Subleasing of
said family apartment is permitted.
9. ) I. understand that I am required to annually file
an Affidavit with the Building Commissioner listing the
names and relationship of my family members- occupying said
family apartment .
10 . ) 1 understand that I am required to comply with
all conditions imposed by the Board of Appeals in Appeal No.
10 . ) 1 agree to immediately notify the Building
Commissioner in the event of the sale of the above-listed
property.
Lltt'Sworn to under the Pains and penalties Of perjury this
day of 19 90.
(Signature)
(Please Print Name) :
i
:Joseph D. DaLuz , Telephone: 775-1120
Building Commissioner Ext. . I07
TOWN OF BARNSTABLE
BUILDING DEPARTMENT
TOWN OFFICE BUILDING
HYANNIS, MASS. . 02601
April 16 , 1990
Mr. and Mrs. Frederick -Hart
77 Barnhill Road
West Barnstable, MA 02668
Re: Family apartment - located at
77 Barnhill Road
Dear Mr. -and Mrs. Hart:
A year ago you filed an affidavit with this office re
the above .referenced family apartment. It is required, by
Section 3-1 .1 (3) (D) (1 ) of the Town of Barnstable- Zoning
By-law, that an affidavit be submitted annually for the
duration of such occupancy.
Enclosed is an affidavit form for ,your convenience.
Please complete 'this form and return it to this office as ,
soon as possible.
Peace,
)seph D. a u
BuIlding Commissioner
JDD/km
enclosure
COMMONWEALTH OF MASSACHUSETTS
r BARNSTABLE, ss: AFFIDAVIT
I eckc 0 being on oath, depose
and state as follows :
1 . ) I reside at 'lsl 3114
S.rt.D•e,5-g 1�c�c'�sr 4.i� IrYI c�
. ) I am tthe1 owner of the property; located at
�� `�t�y�e�t Y�.� vVeS� � `cnS�•ca.�i�e o m1� ,
shown on Barnstable Assessors ' Maps as :
Map 1 OT , Lot l V
3 . ) On 'ZQtjuA,�.,, 7-2, 19%(. , the Zoning Board of
Appeals, on Appeal No._ 19g G- o-z_ , granted me a special
permit to maintain�--a family apartment at the above address .
4 . ) I understand that the family apartment may only be
occupied by members of my family who are persons related to
me by blood or by marriage .
5 . ) The following members of my family will be the
sole occupants of the family apartment at the above address:
(1) Name: Cyr:1 S. "�.r-�
Relationship to Owner: Fa.}�er
(2) Name: A"M A M. lA c-1 1�
Relationship to Owner: �c� et-
6 . ) The family apartment will be the primary year-
round residence for the above-identified family members .
7 . ) In the event that the above-listed relative(s)
vacate said apartment, I will immediately notify the
Building Commissioner in writing.
8. ) I understand that 'no subletting or subleasing of
said family apartment is permitted.
9 . ) I understand that I am required to annually file
an Affidavit with the Building Commissioner listing the
names and relationship of my family members occupying said
family apartment .
10 . ) I understand that I am required to comply with
all conditions imposed by the Board of Appeals in Appeal No. .
10 . ) I agree to immediately notify the Building
Commissioner in the event of the sale of the above-listed
property.
nn Sworn to u er ,t e pains and penalties of perjury this
day of 19 .
(Signature)
(Please Print Name) :
I- r e aeY i U�.
3�2- � oo�-
Joseph D. DaLUZ Telephone: 775-1120
Building Commissioner Ext. 107
TOWN OF BARNSTABLE
BUILDING DEPARTMENT
"TOWN OFFICE BUILDING
HYANNIS, MASS. 02601
April 20, 1989
Frederick & Carolyn Hart
77 Barnhill Road
West Barnstable, MA 0266B
Re: Appeals No. 1986-02
Dear Mr . & Mrs. Hart :
On January 23 , 1986, as applicant(s) you were granted a
Special. Permit for a family apartment.. "'The intent of this
by-law shall be to allow one ( 1 ) additional living unit , complete
with kitchen and bath to supply a year-round residence for a
member or members of the property owners family, . . . . . . . . . . . " In
addition; the by-law also states that "The property owner, and
the person or- persons who will reside in the family apartment
shall sign affidavits before occupying said family apartment and
further, all shall sign said affidavits each year said family
apartment is occupied. . . . . . " . Within sixty (60) days from the
date the person or persons residing in the family apartment
vacate the premises, the owner or his representative shall remove
the Kitchen facilities and request the Building Inspector to
inspect the premises.
It is important that you understand that there are
restrictions which relate to the applicant's family living at the
same premises . The use cannot be transferred.
Conviction of a violation of this by-law is subject to a
fine of $100 per day for each day from the established date of
offense and, also, subject to a criminal complaint to issue from
the First District Court of Barnstable.
Affidavits must be signed and filed at the Building
Commissioner's office between the hours of 9:30 A.M. and 1 :30
P. M. Monday through Friday.
This by- law shall be strictly enforced.
Peace,
Joseph D. a'uz
Building Commissioner
JDD/Km
cr Board of Appeals
Town Counsel
iN REGISTRY OF DEEDS
N COMPLIANCE WITH SEC. 11 0 TABE�Sj
CHAPTER BOA, M.G.I. TOWN OF BARNS
Zoning Board of Appeals 196 3JA 28
PN Q 30
Frederick C. Hart .... Deed duly recorded in the
Property Owner
County Registry of Deeds in Book _............................
...............S�__._.._...__._...._............_.._........................................................ Page ......................... ...__......._..................._......................Registry
Petitioner
District of the Land Court Certificate No.
........._............ ........................ Book ........................ Page ..................
AppealNo. 1986-02 ............................................................................. 19
FACTS and DECISION
Petitioner Frederick & Carolyn._Hart.................... filed petition on ................................................ 19
requesting a variance-permit for premises at .....Z.7._..Ba=hi.a.1....Road................................................ in the village
(Street)
of adjoining premises of _............... (see attached list) ........................_...........
Locus under consideration: Barnstable Assessor's Map no. .....................10.8....._................ lot no. _....la.................
Petition for Special Permit: [3
Application for Variance: ❑ made under Sec. _...............V........................................... of the Town of Barnstable
Zoningby-laws and Sec. .........................................._.............................................._....._..................... Chapter 40A., Mass. (den. Laws
forthe purpose of apartment..........._................................._.....................................................
RF
Locusis presently zoned in... _._. __._.... ......................_...............__........................................................................................................
Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and
by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of
which is attached to the record of these proceedings tiled with Town Clerk.
A public hearing by the Board of Appeals of the Town of Barnstable -%�,as held at the Town
Office Building, Hyannis, Mass., at _.r._ 7:45.�_�VbI. P.m. Januat�'.9,................................. 19 86,
upon said petition under zoning by-laws.
Present at the hearing were the following members:
P. Lally^—^ Richard L. BoX_......_ Ronald Jansson
Chairman
.............._._�.....Gai l-N.ightingale :'` ,1ames eMcGrath...:............
At the conclusion of the hearing, the Board took said petition under advisement. A view of the
locus was made by the Board.
t
AppealNo...._...1 13 02..............................._...... Page .:.....:................. of ..._.w._............
January 23, . 19 86..........., The Board of Appeals found
Mr. Hart presented his petition for a Special Permit to allow a family
apartment at 77 Barnhill Road West Barnstable in an RF zoning district.
Ronald Jansson made a motion to grant the relief sought in view of the '
fact that the petitioner complies with the requirements of Section V
of the Zoning By-Law - .the motion was seconded by Richard L. Boy.
The Board voted unanimously to grant the Special Permit for the family
apartment to be per'the Plans submitted with the filing.
11fJ!_✓_..._........._.___..__ S.S'r Clerk of the Town of Barnstable, Barnstable
County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals
rendered its decision in the above entitled petition and that no appeal of said decision has been filed
in the office of the Town Clerk.
Signed and Sealed this . _TJ_�..` day of ....................... J�............................. 19 ........ under the pains and
penalties of perjury.
i
Distribution:—
PropertyOwner . . .......................................................................................................................................
Town Clerk - Board of Appeals
Applicant Town of Barnstable
Persons interested
Building Inspector
_..._. _.._.
Public Information I3y ......_..._. ...__._......_.............. ......_....
Board of Appeals Chairman
y S
R 10S 018. A P P R A I S A L D A T A KEY 52917
HART, FREDER I CK C: ?< C.AROLYN
LAND DLD/FEATS ORES BUILDINGS NUMBER ZN/FL=RF
64,500 154, 400 1 A-COST 218, 900
B-MKT 165, 700
BY oo/ BY /00 C-INCOME
PCA=1011 PC =00 SIZE= 2628 _II SST-VAL 218, 900
LEV=50i� C ONST-C: 0
----COMPARISON TO C:C iNTROL .AREA 85AB -----------------------------
NEIGHBORHOOD 85AB WEST BARNSTABLE
PARCEL CONTROL AREA TREND STANDARD
101 10 LAND-TYPE
645001 LAND-MEAN +0%
2189003 132880 IMPROVED-MEAN +16 25%
I FRONT-FT
] 100 DEPTH/ACRES TABLE 02
100%] LOiwATION' ADJ APPLY-VAL-STAT 1
LNR]LAND LFT/IMP]AD J'=/SB/FEAT STR I STRUCTURE ARR]AREA-MEA:_UREMENTS NOR]NOTE S
GOM]MARF:;ET I NC I I NCOME PMR]PERMITS i=RR I GRAPHIC:
FUNCTION-[ ] STRUCTURE-CARD NO-E 000] DATA-[ ] XMT E ]
fl
------------------------
I
RIOG 018. P E R M I T EPMT3 ACTIONER3 CARD COOOI KEY 52917
000000001
PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT
0282101 [07] C053 [ND] 3 700003 CAM] COY ] C073 11003 [NEW ] IWB 1. 5 ST 3
EB316033 U021 E883 IAD3 3 100003 1 3 COOJ C003 C0003 ENEW 3 CWB ADD'N I
1 3 1 3 C I 1 3 3 3 1 3 1 3 1 3 1 3 1 3 1 3
I I I I E I E 1 3 3 1 3 1 3 1 3 1 3 1 3 1 3
1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3
1 3 1 3 1 3 1 1 3 1 1 3 1 3 1 3 1 1 E 3 1 3
1 3 1 3 1 3 1 3 3 3 1 3 1 3 1 3 E 3 1 3 1 3
1 1 1 3 1 3 1 1 3 3 1 1 1 3 1 3 1 3 1 3 1 1
1 3 1 1 1 3 1 1 3 1 1 3 1 3 1 3 1 3 1 3 1 1
1 3 1 3 1 3 1 3 3 3 L 3 1 1 1 1 1 3 E 3 1 1
I I I I I I E 3 3 3 1 3 1 1 1 3 1 1 1 3 1 3
I I 1 3 1 1 1 3 1 1 1 1 1 1 1 3 1 3 C 3 1 1
I I 1 3 1 1 1 1 3 3 1 1 1 1 C I 1 3 1 3 C I
I I I I I 1 1 3 3 3 E 3 1 3 E 3 1 3 1 3 C 3
1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 1
1 3 1 3 1 3 1 3 3 . 3 1 3 1 3 E 3 1 3 1 1 1 :1
1 3 1 3 1 3 1 3 3 3 1 3 1 3 1 3 1 3 1 3 1 3
I I I 1 1 3 1 3 3 3 1 3 1 3 1 1 1 1 1 3 1 3
1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 E 3 1 1
E 3 1 1 1 3 1 1 1 1 1 1 3 1 3 1 3 1 31?3
-----------------
I IIR108 018. 1
Li Q]0077 BARNH I LL ROAD CTY)05 TD a] 500 WB • KEY] 52917
----MA I L I NV ADDRESS--------- PCA] 1011 PCS]CSC) YR]00 PARENT]. C)
HAR?'., FREDER I CK C 0 CARC�LYN MAP] AREA]85AB iv] MT0]C)00o
77 BARNH I LL .RD SP 1 :1 SP2] SP 3]
I IT 1 ] UT:2] . 83 SO FT] 2628
W BARNSTABLE MA 02668 AYB] 1 a+a5 EYB] 1 9;-;6 OBS] 100 CON=,T]
0000 LAND 64500 . IMP 15 4400 .OTHER
----LEi SAL. DESCRIPTION---- TRUE MKT .218900 00 REA CLASSIFIED
#LAND 1 64, 500 AS D LND 64500 A SD IMP 154400 ASD OTH
#BLDG('S)—CARD-1 1 154, 400 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE
#DL LOT 56 TAX EXEMPT
#PL BARN HILL RD RES I DENT'L 165700 218900 218900
t, #RR 0074 0171 OPEN SPACE -
COMMERCIAL
INDUSTRIAL
EXEMPTIONS
SALE]05/85 PRICE] 26000 0 ORB]451 1/=,'26 AFD] V a
LAST. ACTIVITY]G5/'26/;_"W PC:R]Y
!PROPERTY ADDRESS I u L I ZONING I DISTRICT CODE SP_-DISTS.I DATE PRINTED I STATE I PCS I NBHD KEY NO.
0077•_ BARNHILL•ROAD CLASS
05 RF 500 05WB 07/09/95 .1011, 00 85AB R108-018.- 52917
LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS
Lana By/Data srze DimOnaion v .UNIT ADJ•D.UNIT ACRES/UNITS VALUE DeacripGon WEAVER, G R E G 0 R Y L-B-L I N O A`A-- _MA P-
/ CD. FF-De tn/Acros LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE #LAND 1 3 2.2 0 O CARDS IN ACCOUNT -
L 10. 18LDG.SIT 1 , X .82 =10C 111 34999.9S 38849.99 .83 32200 #BLDGCS)-CARD-1 1 138,700 01 OF 01
A #DL LOT . 56
N BATHS 2.1 . U X B= 100 12000.00 12000.00 1:00 12000 B #PL 9ARN HILL RD MARKET 165700
D FIREPLACE U 1 X. a 100 3900.00 3900.00 1.00 3900 B #RR 0074 0171 INCOME
USE
A
D PPRAISED VALUE
D 1 1700900
A U ARCEL SUMMARY
T S AND 32200
A. T LDGS 138700
-IMPS
M OTAL 170900
F E CNST
E N DEED REFERENC Tye DATE Re<oroee R I O R YEAR VALUE
A T Book Page lnat Mo. vr.D sales Prize -AND 32200
T S 8123/337, E1 7/92 197500 3LDGS 138700
U 4511/326: VD5/85 26000 rOTAL 170900
R 4275/086: V.10/84 G 18000
1
E BUILDING PERMIT
S Number Dale Type Amount
LAND LAND-ADJ INCOIME SE SP-BLDS FEATURES BLD-ADJS UNITS
32200 15900 316032/88 AD 10000
T.lalClass Const. U,,,s Base Rate Adj.Rate r B'II A Norm. Obsv. CND Loc %R.G Rapt Coss New Ad,Repl Value Stories Hai nt Rooms Rma Balna •fia. P
Uni15 Units I A u l 1 9e Depr. Gone. I 9 artywall Fac.
01B- 000 105 105 66.00 69.30 85 86 8 93 85 78 177772 133700 1.5 7 3 2.1 9.0
Descri li n Ral S u re Feet R I Cost T 1 %: 1.00 BV/DAT ML 1/89 SCALE: 1/00.56 ELEMENTS CODE CONSTRUCTION DETAIL
8AS �80. 69.l0 �13141060 iq LNSI GPa00
S FFG 30 20.79 600 12474 *-----25-----* *-----23-----* STYLE 04 APE COD 0.0
T FWD 85 8.50 276 2346 ! FFG ! 12 FWD 12 D ESTGN-ATSJMT- LIT FSZGN--aDJU3'T---3_0
R 1S8 100 69.30 256 17741 ! ! ! ! EXT'E-R;VAtL5-- -1t2 t7rP8OA1tD---------0-.-0
U 815 42 29.11 1314 38251 ! *-------*-37--23-----* 1 EA7`tAC-TYPE- -tt Ar=WARN-AIR------ -.0
C 24 24 8 1 NTFR:FINISH- -G6 RYWALt-----------U:O
T ! 14 ! NTE-R:tAYGUT- rt F 2 VR:7NURMAt"----fi.-0
U ! ! *----16---* NTE-R=DUIrLTY 172 `AWE-AS--EXTFR-.--L7.0
R ! ! ! 1S8 ! F t0U1Z-ST-RUCT -92 D-_JOIST/9E-AW---ff:0
A
E Total Areas Aua 876 Base. 1 570 *-----25-*-7-* BASE ! ! E -tOYYR-COE VR-- -95 ArPET-1s-RDtiWV---�.-0
L
D ! 16 16 0 Of--TYPE----- -01 AEfL-E=A-SPH--SN---Z.0
.
BUILDING DIMENSIONS 14 24 ! -t Et-PR I CAL tat VE-R A GE U.O
T W23 N14 EUI FFG N24 F 0U-st-D,Ai1-__._ 91 OURED- CONC-----99-:)
A W25 S24 . E25 .. 8AS N14 E37 FWD *----16---* --------------- --- ----------------------
I N12 W23 S12 E23 .. BAS E0.3 S08 *-- 23-----* ! ---- NEIG-RdtORH D $5-A6-Ve3T-1rXRNS-rXB
L 1SB E16 . S16 W16 N16 .. BAS S24 *-----24----*X LAND TOTAL MARKET
PARCEL 32200 170900
AREA 18982
VARIANCE +0 +800
STANDARD 25
P'
f .
.1
RESIDENTIAL PROPERTY
'MAP NO. LOT NO. FIRE DISTRICT SUMMARY
STREET
WB 77 LAND /P a
BLDGS.
'1O8 18 OWNER TOTAL 9J/vr''O
LAND
RECORD OF TRANSFER DATE 6K PG I.R.S. REMARKS: Lot #56 BLDGS.
TOTAL
LAND
6 2 2 3.674 244 BLDGS.
I TOTAL
� LAND
BLDGS.
1 TOTAL
j LAND
J` BLDGS.
TOTAL
LAND
1
01
BLDGS.
{ TOTAL
LAND
BLDGS.
TOTAL
LAND
INTERIOR INSPECTED: BLDGS.
TOTAL
DATE: LAND
} ACREAGE COMPUTATIONS C BLDGS.
LAND TYPE OF ACRES PRICE TOTAL DEPRR.. VALUE TOTAL
!HOUSE LOT
7/`
-j �-jj00 �Z / 7-� 7iJ �J�� LAND
,CLEARED FRONT BLDGS.
a)
1 REAR TOTAL
WOODS&SPROUT FRONT LAND
REAR BLDGS.
WASTE FRONT TOTAL
' REAR LAND
Of BLDGS.
TOTAL
C� �5 LAN D
Was oart of Map 108 Lot 11 BLDGS.
LOT COMPUTATIONS LAND FACTORS TOTAL
FRONT DEPTH STREET PRICE DEPTH% FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND
t ROUGH TOWN WATER BLDGS.
HIGH GRAVEL RD. TOTAL
LOW DIRT RD. LAND
SWAMPY NO RD. BLDGS.
TOTAL
TOWN OF BARNSTABLE. MASS. UNITED APPRAISAL CO.. EAST HARTFORD.CONN.
Barnstable Building Department O� tL9q O
367 Main Street
P M sR r-
I=Iyannis,MA 02601 -_ _ Qj
?' DEC' - i
`9 9 _ -----`_.
- -. '�`� t wz•` - PReSon anA su;poFmc.c`�.
'8e -ems J
>a
Kra1�s Residence
7`7 SSunnyside Avenue
Arlington, MA. 021.74 X4F
- -- - --KRAU07iN 20 12/29/97
NDERNOR ON FILEURWARL)NDER
i ! i } }! � iit Jiiiif� � ! ii l}! 4 i lti! ii}iiili i !
? : : :: ?si ii??ij i Ei iai ? i ?iii iiiFii:' i =
f
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CF IME?n
* BARN3rABLE, •
MASS.
s639• a The Town of Barnstable
�0
ArED MA'S
Department of Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph M.Crossen
Fax: 508-790-6230 Building Commissioner
December 23, 1997
Kraus Residence
77 Sunnyside Avenue
Arlington, MA 02174
Re: Family Apartment located at 77 Barnhill Road,West Barnstable
Dear Mr./Ms. Kraus,
Our,records indicate that there has been a change of property ownership since the family
apartment had been approved by the Zoning Board of Appeals. Therefore you must
contact this office as soon as possible to discuss the necessary steps towards compliance
with the Town of Barnstable Zoning Ordinance.
Thank you in advance,
,.., a��iA{... �. . .^.... I. '� _;�''�.Y�,�, "i l'.. �� •- ... ,.
Ralph'Cros'sen'..
Building Commissioner
g '
QUERY PROPERTY: QUERY END
QUERY PROPERTY
PENTAMATION----------------------------------------------------------- 12/23/97
PARCEL ID 108 018 GEO ID 5291
LOT/BLOCK . 56 DBA
PROPERTY ADDRESS OWNER KRAUS
77 BARNHILL ROAD KARL L & MELISSA M
W BARNSTABLE 77 SUNNYSIDE AVE
ARLINGTON MA 02174
PHONE DISTRICT WB
DEVELOPMENT STATUS C ASSESSOR' S CODE
CAPACITY (NOTES)
ZONING DIST/ZOC RF SEWER SYSTEM
FLOOD PLN/ELEV. WATER SYSTEM
OKH? Y # BEDROOMS
ZBA DECISION FAMILY APT
LOT SIZE 36154 . 8 OPER/MGR NAME
WET LANDS MULT ADDRESS
USE 101 PROTECT DIST
(N) EXT / (P) REVIOUS / NO (T) ES / PER (M) ITS /
(V) IOLATIONS / (G) EOBASE / (E) XIT
�I I
j
i
The Town of Barnstable
1 IAII ".`-. t : Inspection Department
�e ,vim .
367 Main Street, Hyannis, MA 02601
508-790-6227
June 22, 1994
Gregory and Linda Weaver
77 Barnhill Road
West Barnstable, MA 02668
Re: Family Apartment, Appeal Number 1986-02
77 Barnhill Road, West Barnstable, MA
Dear Property owners:
on January 9, 1986 the Zoning Board of Appeals granted a special permit
to Frederick and Carolyn Hart for a family apartment at the above referenced
address, under section 3-1.1(3) (D) of the Town of Barnstable Zoning Ordinance.
The ordinance permits accommodations for a kitchen and bath to supply a year-
round residence for a member or members of the property owners family for
whom the special permit was granted. Said permit is non-transferrable and any
and all sales of the property negate the special permit. Any similar use can
only be granted by the Zoning Board of Appeals if conditions so warrant. It
should also be noted that said authorization was required to have been filed
with the Registry of Deeds in order to prevent any violation of the special
permit.
Our records indicate that you are the current owner of the above
referenced property to which a family apartment was authorized by the Zoning
Board of Appeals. Should this be the case, you would be in violation and said
unit must'be removed.
Please contact this office immediately regarding this matter.
This office shall strictly enforce the provisions of the Zoning
Ordinance. Z trust that any legal action can be avoided.
very truly yours,
Alfred E. Martin
Building Inspector
AEM/km
cc: Zoning Board of Appeals
Town Counsel
P920803A
i
a A=108-018
4' The Town of Barnstable
OL `019• Inspection Department
��o�
�911.t�• 367 Main Street, Hyannis, MA'02601
508-790-6227 Joseph D.DaLuz
Building Commissioner
May 28, 1992
Mr. Edward Souza
45 Barnhill Road
West Barnstable, MA- 0.2668
Re: 77 Barnhill •Road, West Barnstable
Dear Mr. Souza:
As per your request I did telephone the 'Realtor for the
property located at '77 Barnhill Road, West Barnstable. He
is aware of the regulation re "Family Apartments" and has so
informed the prospective buyer.
If I may be of any further assistance please contact the
office.
Peace,
ebsp*hD eauz
Building Commissioner
,s
JDD/gr.
TOWN OF BARNSTABLE
BUILDING DEPARTMENT
COMPLAINVINQUIRY REPORT
Date Rec'd B.
Assessor's No
Last Name 2� First Name
ORIGINATOR Street
Village l State
Z .
ele hone: Home
Wor
esc i tion: iCucS
COMPLAINT w ,
..
-INQUIRY
IV
Requestor's Signature
COMPLAINT Street Address
LOCATION rr> ✓ �,�� �. /,S
Gt'
OFFICE USE ONLY
INSPECTO R'S ate eJf��7��Z—
ACTION/ Ins ector
COMMENTS W
FOLLOW-UP
ACTION '
NI'ADDITIONAL �
FO. ATTACHED
COPY DISTRIBUTIONt WHITE PA- DEPARTMENT FILE YELLOW
PINK - INSPECTOR (RETURN TO OFFICE MGRINSPECTOR
erisc3
. oseph D. DaLuz Telephone: 775-1120
,ilding Commissioner Ext . 107
TOWN OF BARNSTABLE
.,BUILDING DEPARTMENT
TOWN OFFICE BUILDING
HYANNIS, MASS. 02601
June 14 , 1990
HomePort Realty
1074 Main Street
Barnstable, MA 02630
Re: Family Apartments-
Dear Realtors.
This office is. in receipt of a news paper .advertisemenf • •.
offering a: "Qua2l.`ty':''Cape family apartment" on Barn '`H111 Road
for., sale through your office. (See Enclosure 1 ) . 477
Section, 3=..1 :1_(3)(U) of the Town of Barnstable Zoning
By-law' (see Enclosure 2) permits accommodations for a
kitchen and' bath to supply a year-round residence for a
member or members• of the property owner's family for whom
the special permit Hag granted. Said ermit is
non-transferrable. Any and all sales negate the special
ermi t. Any similar- use can only be granted by the Board of
Appeals if conditions so warrant.
The above referenced section of- the By-law. further
states that within sixty (60) days from the date the person
or persons residing in the family apartment vacate the
premises, the owner or his representative shall remove the
kitchen facilities .and request the Building Inspector to
inspect the premises.
Please be advised that this office shall strictly
enforce the provisions of this by-law. Conviction of a
violation of this by-law is subject to a fine of $100 per
day for each day from the established date of offense and,
also, subject to a criminal complaint to issue from the
First District Court of Barnstable.
Should you have. any questions about this matter, please
feel free to call .
Peace,
�usldinq
ph D.! D• L
i Co m ssioner
JDD/km
cc Board of Appeals
Cape Cod Board of Realtors
Mr. Fre+dAerick C. Hart
) /r
, ec wm--w qt)u z 0_
v'
C) Keeping, stabling and maintenance of horses in excess of thl density
provisions of Section 3-1.1 (2)(B)(b)herein, either on the same or adjacent lot as
the principal building to which such use is accessory. ,
—�? D) Family Apartment.subject to the following:t►
a) Not more than one (1) family apartment is provided.
b) The familyapartment is within or attached to an existing "residential
�T P
r structure or within an existing building located on the same lot as said residential
PReI t structure.
c) The residential character of the area is retained as nearly as possible:
d) The family apartment contains not more than fifty percent (50%) of
the square footage of the existing residential structure if being proposed as an
addition thereto.
e)All setback.requirements of the zoning district within which the family
apartment is being located are complied with.
f) The;property owner:resides on the same lot as the family apartment. .
g)The family apartment-is occupied by members of the property:owner's
family only.
}i)'The occu anc .othe family apartment does ns�t exceed two(2)famil
P Y Y . P Y
members.at.any one'.time.
i) The family apartment is a primary year-round residence of the family
member(s) residing therein.
j) The family apartment will not be sublet or subleased by.either the
owner or family member( at any time.
k) Scaled plans of any proposed remodeling or addition to accommodate
the family apartment have been submitted by.the property owner or his or her
"--agent to the-Building Commissioner and the Zoning-Board of Appeals.
1) Prior to occupancy of the family apartment, affidavits reciting the
names and family relationship among the parties seeking approval have been
signed and shall be signed annually thereafter for the duration of such occupan-
cy. 4
m) Prior to occupancy of the family apartment, an occupancy permit
t shall be obtained from the Building Commissioner.
' . n) No such occupancy permit shall be issued until the Building Commis-
sioner has made a final inspection of the proposed family apartment.
o)Within sixty(60)days from the date authorized family members vacate
the family apartment, the owner or his or her agent shall remove any kitchen
facilities in such unit and notify the Building Commissioner to inspect the
premises.
p) In addition to the provisions of Section 3-1 1(3) (D) (o) above, upon
vacation of any family apartment, the premises shall be restored as nearly as
possible to their state prior to the creation of such family apartment.
q)The Building Commissioner shall have the right to further inspect the
premises upon which a family apartment has been vacated at least three (3)
times per year for three 3 consecutive from the time of such vacation.
in mills-and devices for the conversion of wind energy to elec-
trical or mechanical energy, but only as an accessory us�.
4) Special Permit Uses: The following-uses are permitted as special permit
uses in the RB, RD-1 and RF-2 Districts, provided a Special Permit is first ob-
tained from the Planning Board.
A) Open Space Residential Developments subject to the provisions of Section
3-1.6 herein.
7
Assessor's offioe (1st floor):
Assessor's mop' and lot number .La. ......... .... .........! E IC SYSMM MUST 8E Q pi tNE TC O /�
Board of Health (3rd floor): INSTALLED IN COMPLIANCE
Sewage Permit number ......... ....�.S.Y�....................... W ► g Z BAHd9SA U,
KMIL
Engineering Department (3rd floor): .7.7 ENVIRONMENTAL. CODE AND �°°'°�o 9 d�0�
House number ........................................................................ ` TOWN REGULATIONS
APPLICATIONS PROCESSED 8:30-9:30 A.M, and 1:00-2:00 P.M. only
TOWN OF-- -BAUN STABLE
4 BUILDING INSPECTOR
APPLICATION FOR PERMIT TO .... Pk..... ...... ....................
:,.9 O O dL q m.e
TYPE OF CONSTRUCTION .............................`C...................................................................:.................................
..........10.....1A!.
r TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location .. ......: .....Rd. ................. W......e..s...... 1 y C5�. ..................................
4 . �
Proposed Use .....^ 4.. .......,`.Q O.n 1............
Zoning District ........................................................Fire District Wes, AX'!�1ST!9b�e..........................
Name of Owner 'Y•edEr�C1C-.... .�.....`... T............Address ... ?A!!1...................................................................
C' l�r�
Name of Builder YC...('Y�C1C........:•............�'S...............Address ....................................................................................
Nameof Architect ..................................................................Address ....................................................................................
Number of Rooms .........Q........................................................Foundation ?OU _aIc0,,jCTC_kUf ... .....................................VV Q..4.. .... L 19/dO �p Roofing Exterior ...... ..... .......................... ..�.S.f�?.�/a��...............................................................
Floors ` ............................................................Interior .L�". : �4+'t...............................................................
Heating o' ► .............Plumbing ?95o
Fireplace N P11I.�. ...................................................................Approximate Cost ... � .O...O....U.......
...........................................
Definitive Plan Approved by Planning Board _D60,__/__a-----------1973_ . Area ....;.,5.G....M.0..................
a
Diagram of Lot and Building with Dimensions Fee
SUBJECT TO APPROVAL OF BOARD OF HEALTH
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name ............... ... ..... ...
Construction Supervisor's License's
tAART, FREDERICK C.
No ..3.].60. ... Permit for ....ADpZ.TION...........
...DxelJ.iag...........
77 Barnhill Road
Location ................ ...........................
West Barnstable
...............................................................................
Owner .....Frederick C. Hart.•••...•..••,,,,
Type of_.Construction .......FrAme......
Plot ............................ Lot :#5.6........:..............
`s
•
Permit Granted ..........February: 12.119 88
gate of Inspection ....19
D Comp eted ........ ....... .l 9
Ir >�90
1
TOWN OF BARNSTABLE Permit No. _--_282i0-__-
�n� = Building Inspector Cash
wa � —
OCCUPANCY PERMIT Bond _
Issued to Frederick C. Hart " Address
77 Barnhill Road, West Barus'table
Wiring Inspector Inspection date
Plumbing hnspecto/ Inspection date � �
Gas Inspector ✓ � Inspection date
X Engineering Department - Inspection date
Board of Health l! 'Inspection date ,x -I,
THIS PERMIT WILL NOT BE"VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL
SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN
REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE
BUILDING CODE. /
Building Inspector
1
Assessor's map and lot number ...W. ...............t,...Q....;.... ,� P�'1�'SYSTEM
� HE
MUST E �Q c
Sewage Permit number ..................�.�..T ....rJ Y..!...�' ... . ` 1�����' � f ®�a4��fQ ��
E�I�i ® H TITLES t BAUSTODLE.
House number ...7�.... Al AL %,.Cn; ,�n,9 q�p�t�6 9.
(E3T �0
e ,rn,=A,'ti �� dux a'
TOWN OF BARNSTABLE
BUILDING INSPECTOR
�
APPLICATION FOR PERMIT TO .... 1�?. v.�.4' .�Q..........4..........u...s
t........................................................................:..
TYPE OF CONSTRUCTION ......!�1.1.00D.......1"_Y�.(A.f:................................................................................
................................................19........
`1 TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location ....7:7........aftr .ii b....�RO.C>......... ........................................................
ProposedUse ........... ...Q t.D.P,.►.ti CZ......................................................................................................................................
Zoning District ..... ...r........................................................Fire District ...We-%T........... ...................
. ,, e
Name of Owner F�frr&`( s,) .....�...�j_!..l.!'T............Address ��N;'.
Nameof Builder . f! i.� ................................................Address ....................................................................................
Nameof Architect ..................................................................Address ....................................................................................
o�
Number of Rooms
Sc.Yg{ ...........................................Foundation ...............INK................................................
Exierior .... AV.X.`Q.....C14p.6iot..................................Roofing ....t'l �J�A�............................................................
Floors ...�N...00.a.......` .....!.4.1 �i..........................................Interior ........ .......................................
Heating tp.r� o....!! .... 1.Y..........................................Plumbing ....R�.. .... .W.. ............................................
Fireplace .... h.Y. .....�1.�le-S...........................................Approximate. Cost ...701................................................ . .....
Definitive Plan Approved by Planning Board k�_4 ---'-- _ - ,�� ..�::a/�.......... '�" �5 19 �___. Area C j'�
Diagram of Lot and Building with Dimensions Fee .. 1.. `
SUBJECT TO APPROVAL OF BOARD OF HEALTH
00, C;2-:) , 7S-N4,�,�
co
1 31 y r7 i ►r� q S FIuiY
ct
r r
r �
• 2y
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
iI hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name x�( ...0.... . . . ...............
i
Construction Supervisor's License .Q.�..J... ..r4..i�.
-Owl
FREDERICK C.
No ... .... Permit for ......1I.Stoxy.............
.......Single...Family...Dwelling....................
...... . . . .. . ...... . . ....
77 Barnhill jKQqd.Location ............................... ...................
West Barnstable
...............................................................................
Owner ....................................Frederick CHax.t.......................
Type of Construction ..Frame...................I................ ....
................................................................................
Plot ............................ Lot ................................
,?Lirmit- Granted ....... ................1.9 85
Date of Inspection .. ..... ....................119
Date Completed ...cif..... .............J 9f
TOWN OF BARNSTABLE
BUILDING DEPARTMENT
Z DASalT = TOWN OFFICE BUILDING
rua
1639- `� HYANNIS, MASS. 02601.
MEMO TO: Town Clerk
FROM: Building Department/07---�-
DATE: '�tr Zf' 4��
Aii� Occupancy PermitVhas been issued.,for.;the building authorized by
Building Permit #....__.2 _ . ._.... .........................................................................»......
.
issued to ......... �' ..._ �� i�/.t/�/•G� . .._ i�/'��
r
Please release the performance bond.
J ,
rf
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CERTIFY THAT THE.FOUNDATION
SHOWN DOES NOT VIOLATE ANY
EKISTING ZONING REGULATION OF
,,:CBE TOW.14 OF 54 eN'S-ro;sc.�
SACZ K 17,ASIM
Lt .MASS
®o 23207 eQ67 R;AS6Oc,
Sc/� �E 1 -4p �Ju 10, 1�8s
W ��
R(Dhert A. Sc anlffrrai
r
ATTORNEY AT LAW
3291 MAIN STREET
i
POST OFFICE BOX 730
BARNSTABLE,MASSACHUSETTS 02630
617-362-9500
June 19, 1985
Joseph 'DaLuz
Building Inspector
Town Hall
Hyannis, MA. 02601
Re: Application for Building Permit by Frederick 'Hart;
Lot 56, Barn Hill Road, W. Barnstable, MA.'
Dear Mr. DaLuz:
Relative to the above --application, and your question as
to contiguous lot ownership by the developer, Sea-Lake Corpora-
tion, I report as follows:
1) Mr. Hart' s lot, Lot 56 is abutted by lots 51, 52, 54, 55r'
and 57 (Plan Book 301, Page 99 of .the Barnstable County
Registry of .Deeds)
2) Lot 51 was deeded by Sea-Lake to one Minnigh on October 20 ,
1981 (Book 3387, Page 218)
3) Lot 52 was deeded by Sea-Lake to one Caron on May .23, 1980 .
(Book 3101,' Page 8 3)
4) Lot 54 was deeded by Sea-Lake to one Haven on July 28 , 1981
(Book 3331, Page 272) .
5) Lot 55 was deeded by Sea-Lake to one Souza on Jurie 24 , 1976
(Book 2359, Page 273)
6) Lot 57 was deeded by Sea-Lake to one Gould on November 23,
1976 (Book 2430, Page 30)
7) Lot 56 was deeded by Sea-Lake to one Lynch on October 3, 1984
(Book 4275, Page 086)
Thus, it would appear that as of December 15, 1982, which
was the seventh year anniversary of the Town' s approval of the
Sea-Lake subdivision, only Lot 56 was owned by Sea-Lake, as all
of the contiguous lots were owned by others .
Joseph DaLuz
June 19, 19.85
Page Two
I trust that this will clarify this concern and will assist
Mr. Hart in his application.
Very trul yours,
Robert A. Scandurra
RAS/djm
cc: Fred Hart
I
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TOWN OF BARNSTABLE ZONING
BY-LAWS DAT6 APRIL 7 1987
ZONE: RF
SETBACKS
FRONT 30'
SIDE 15'
REAR 15'
PROPERTY LINES SHOWN HEREON WERE COMPILED
FROM PLANS OF RECORD AND .00 NOT REPRESENT PROJECT NO, 3.3081.00
AN ACTUAL SURVEY ON THE GROUND.
THE STRUCTURE DEPICTED ON THIS PLAN WAS LOCATED PLOT PLAN
ON THE GROUND BY SURVEY ON DEC 21 1987 in
AND EXISTS AS SHOWN AS OF THE DATE OF LOCATION. BARNSTABLE MASS .
THIS PLAN IS FOR PLOT PLAN PURPOSES ONLY AND SCALE, 1" 40' JAN 5 19B8
SHOULD NOT BE- USED FOR ANY OTHER PURPOSE.
THE BSC GROUP- 'APE COD INC (BARNSTABLE)
3236 MAIN STREET -
DATE PROFESSIONAL LAND SURVEYOR BARNSTABLE VILLAGE. MA. 02630 (617) 362-8133
January 21,1983
>fr.&Mrs,Edward Souza
45 Bamhill Road
West Bamstable,MA 02668
Dear Mr,&Mrs,Souza:
I have read with concern your letter of January 5,1983 about
the drain pipe adjacent to lot 56 and the problem of drainage that
could result during and follomng the construction of a ne\'7 d^relling
on said lot.This area of construction would be the concern of the
Engineering Department and I am referring your letter to them for
proper actiOTi.
JDD/gr
cc:Engineering Department
Peace,
Joseph D,Daljjz
Building Commissioner
^5 Barnhill Rd.
West Barnstablef KA.02668
January 5»1983
Mr*Joseph Daluz,Building Inspector
Town of Bams table
South Street
Hyannis,MA 02601
Re:Lot $6,Bamhill Road,West Barnstable
Dear Mr*Daluz:
This morning,William Meager is trying to test the
percolation of Lot 56,Barnhill Road as preliminary
to construction of a new house*
It is important to bring to your attention the fact
that this lot has a pipe connection from the street
drains to carry the overflow from the street*There
has been a severe drainage problem in this area due
to excessive clay and without this pipe carrying the
overflow,the street would constantly flood directly
in front of Lot $6*
r
There is no problem with the issuance of a building
permit for this lot,but it should be done with the
stipulation that the drain can not be disrupted since
it must be open to carry the overflow*
We are making a point of advising you of this problem
before a permit is actually issued as we know you would
want this information and would not allow anything that
would be harmful to the neighbors*We are very
anxious to have our street accepted by the town and
a flooding condition would result in a cost of thousands
of dollars to the few taxpayers that live on this
street*
Hr
Will you please investigate the condition before you
allow a building permit?
As was necessary to resolve another drainage problem
on our street,we will be in close touch with our
legal counsel.
Sincerely
Edward J•Souza
Vivian A.Souza
P. S.The enclosed copy of the area lots was taken
from the Town of Barnstable records.Note
drain easement on lot #56.