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Home My WebLink About0040 CHURCH STREET d C � Vf, OX r NO.1521/3 OM MAMMU" ESMn N&4V-e6 Aj c Q�. !� Q� t- N �l J � c f F CAPE CO® INSULATION [�@-/] FIAIA OIAII IIAMli11 MAY FOAM 1U6 Y1N010 ' $Alf$ 0U 11141 IN 1UTAIION 4ININ01 1-800-696-6611 Town of Barnstable Regulatory Services Building Division BUILDING DEFT 200 Main St Hyannis, MA 02601 JUL 24 2017 Date: 7� TOWN OF BARNSTASk Dear Building Inspector Please accept this Affidavit as documentation that Cape Cod Insulation, Inc. performed.& completed the insulation and weatherization work at the property listed below. Cape Cod Insulation did this in accordance to the specifications listed on the building permit application. All work has been inspected by a certified Building Performance .Institute '(BPI) inspector, All work preformed meets or exceeds Federal & State Requirements, Property Owner Property Address Village -thwl'd f �►rv�/n�r� Shc v,+,j yD �lIG>ne,N S — Insulation Installed: Fiberglass Cellulose R-Value Restricted Unrestricted Ceilings Slopes ( ) ( ( ) ( ) ( ) Floors ( ) ( ) ( ) ( ) ( ) Walls goer a#7rA ti Sincerely 2ryHE ssi r, President Ins ation, Inc. a� 1 , Town of Barnstable Building Post This Card"So That it is.Visible From the Street Approved Plans Must be Retained on.Job and.this Card Must be Kept Posted Until Final Inspection Has Been Where a Certificate of Occupancy is Required,such Budding shall Not be Occupied until a Final Inspection has been made Permit Permit NO. B-17-2094 Applicant Name: HENRY E CASSIDY Approvals Date issued: 07/10/2017 Current Use: Structure ». Permit Type: Building-Insulation-Residential Expiration Date: 01/10/2018 Foundation: Location: 40 CHURCH STREET,WEST BARNSTABLE Map/Lot: 154-005 Zoning District: RF Sheathing: Owner on Record: SULLIVAN,DAVID S&VIRGINIA R Contractor Name: HENRY E CASSIDY Framing: 1 Address: 40 CHURCH ST Contractor License CS-100988 2 WEST BARNSTABLE, MA 02668 Est..Project Cost: $4,500.00 Chimney: Description: Install 11 Layer R40 Class 1 Cellulose.Added to 456 sq ft.Attic. Install Permit Fee: $85.00 Insulation: 35 Veutilation chutes for Air flow. Fee Paid{ $85.00 Project Review Req: Install it Layer R40 Class 1 Cellulose.Added to 456 sq ft.Attic. Date 7/10/2017 Final: Install 36 Veutilation chutes for Air flow. Plumbing/Gas Rough Plumbing: \Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after`issuance. f y e Rough Gas: All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. Final Gas: This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspectiofn for the entire duration of the work until the completion of the same. E Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on t 'permit. Service: Minimum of Five Call Inspections Required for All Construction Work: 1.Foundation or Footing Rough: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel r061. Applicatio Health Division Date Issued " 7�/�I'%� Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH Preservation/ Hyannis Project Street Address 4z d Village.. Owner J`��9✓��1 ��/�i,�,� l .moo r.u) Address g!�J 17,f a Telephone �9 0 3 G V- f s� Permit.Request G&5 f Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation �u�o d , 6 Construction Type Z �c/�/� Lot Size / Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family a-' Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes 81Go On Old King's Highway: ❑Yes �Wo Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.f-)`?I Number of Baths: Full: existing new Half: existing nevv� a � Number of Bedrooms: existing _new -- cn Total Room Count (not including baths): existing new First Floor Roo Count �v r- Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name '�/�L� �� -)/,v Via,. Telephone Number 773%Z/ V Address /'9'v i2� �o /.'i�Z License # �d/yll Home Improvement Contractor# �7 Email MiAtrIR 4,JAe6o2�cofyIA6X 44� Worker's Compensation #Jfi l:!�:-00 5L3/ 9a Z ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO v SIGNATURE DATE_T�/7 FOR OFFICIAL USE ONLY APPLICATION # E DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION ?. ' FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL t PLUMBING: ROUGH FINAL GAS: ROUGH FINAL f FINAL BUILDING • p i ti DATE CLOSED OUT . r ASSOCIATION PLAN NO. t: r rIIown of Barnstable Regulatory Services ' Richard V.Scab,Director i639. ,0$ Building Division Tom Perry,Building Commissioner 200 Mai.Street,Hyannis,MA 02601 www.towu.barnstable-ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using ABuilder T, �-'/l4 U 1 t 1 VA" ,as Owner of the subject propeny hereby authorize Cape Cod Insulation to act on my behalf, in all matters relative to work authorized by this building permit application for. a wj^ N I . _W. �(4 (Address o ) Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or ut ized before fence is installed and all final inspections are erfonined accepted_ Signature of Owner Signature of Applicant runt I�lanae � l Print Name 7 Date Q;FORMS:OW'NTF-R,PFRhfJSSJONPOOLS The Commonwealth of Massachusetts Department of lndustrialAccidents 1 Congress Street, Suite 100 Boston, MA 02114-2017 www.mass.gov/dia N orkers' Compensation Insurance Affidavit: Builders/Contractors/Electrlcians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Auulicant Information Please Print Lezibly Name (Business/organization/Individual): Cape Cod Insulation Address: 18 Reardon Circle City/State/Zip: South Yarmouth,MA 02664 Phone#: 508-775-1214 Are you an employer?Check the appropriate box: Type of project(required): l.F71 i am a employer with 48 employees(full and/or part-time).* 7, ❑New construction 2.❑I am a sole proprietor or partnership and have no employees working for me in $, ❑Remodeling any capacity.(No workers'comp,insurance required.) 3.❑1 am a homeowner doing all work myself.-(No workers'comp.insurance requited.]t 9. El Demolition 10 ❑ Building addition 4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers'compensation insurance or are sole 11,❑Electrical repairs or additions proprietors with no employees. 12.❑Plumbing repairs or additions 5.❑I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.❑Roof repairs These sub-contractors have employees and have workers'comp.insurance) 6.❑We are a corporation and its officers have exercised their right of exemption per MGL c. 14. ✓❑f Other Weatherization 152,§1(4),and we have no employees.[No workers'comp.insurance required.) 'Any applicant that checks bo)L#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. =Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp,policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and fob site information. Insurance Company Name: Atlantic Charter ' Policy#or Self-ins.Lic.#: WCE00431902 Expiration Date: 6/30/2010 Job Site Address: 4�d Clz,�t�'� ,5''t />J /�Fv,c� i�i?/ City/State/Zip: 421A d Z Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL e. 152, §25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cert(o under the pains andpenalties ofperjury that the information provided above is true and correct Henry Cassidy Signature Date Phone#: 508-775-1214 ' Official use only. Do not write in this area, to be completed by city or town officlal. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2. Building Department 3.City/Town Clerk 4. Electrical Inspector 5, Plumbing Inspector 6.Other Contact Person: Phone#: Massachusetts Department of Public safety Board of Building Regulatlons and standards License: 08•100g88 Conatruotlon Supervisor HENRY E OAKOY; 8 SHED ROW WEST YARMOU''H `1oo ,a Co missloner 11I111201T f Office of Consumer Affairs and Business Regulation 10 Park Plaza • Suite 5170 Boston Ma b. usetts 02116 Home Improvemel: 1�raotor Registratlon Type Corpora tlon 4 ,� ?; '��.f Cape Cod Insulation Inc r� IU Registratlon; 163587 18 Reardb�i Circle ! Expiration' 12/14/2018 So, Yarmouth, MA 02664 '°1 t ,•. -Y , sca',r iy e0M'0ent Update Address and return card, .... .�.�..._...__...._._.__._ •„�,. _ Mark reason for change, � Ofiloe of Consumer Allalre&Busineaa Regulation I HOME IMPROVEMENT CONTRAOTOR Registration valid for Individual use only Ty'�e.t Corporation before the explratlon date, If foun urn tot j4 j,}n; r, l Iration Offloa of Consumer ANaIra and al as Regulation 12/14/2018 10 Park Plaza• e 6170 ► Boston,M 1 i Cape Cod Inswlht Henry CassldyqN1: 1a Reardon Clro' , V,¢„cGD, So.Yarmouth,M ; ' Vnderseoretary t al hout sl atu CAPECOD-27 CLEDDUKE CERTIFICATE OF LIABILITY INSURANCE D 06 30/2017Y) 06130/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER C NTACT Rogers&Gray Insurance Agency,Inc. PHONE FAx 43 Rte 134 A/C,No,Ext: (A/c,No):(877)816-2156 South Dennis,MA 02660 E-MDR AIL .mail@rogersgray.com INSURER(SI AFFORDING COVERAGE NAIC p INSURER A:Peerless Insurance Company 24198 INSURED INSURER B:SafetyInsurance Company 39454 Cape Cod Insulation,Inc. INSURER C:Endurance American Specialty Insurance Company 41718 18 Reardon Circle INSURER D:Atlantic Charter Insurance Company 44326 South Yarmouth,MA 02664 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR CBP8263063 04/01/2017 04/01/2018 DAMAGE TO RENTED $ 100,000 PREMISES(Ea occurrencelMED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PEST LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 dent)ANY AUTO 6232707 COM 02 04/01/2017 04/01/2018 BODILY INJURY Perperson) $ OWNED X SCHEDULED AUTOOS ONLY AUTOS BODILYBODILY INJURY Per accident $ X AUTOS ONLY X AU OS ONLY PParr acEciRde^t AMAGE $ $ C UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE EXC10006635002 04/01/2017 04/01/2018 AGGREGATE $ 2,000,000 DED I I RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS'L ABILITY X PSTAT ERERTr OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE YIN R/O WCE00431902 06/3012017 06/30/2018 1,000,000 OFFICER/M MBER EXCLUDED? �N N/A E.L.EACH ACCIDENT (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Workers Compensation includes Officers or Proprietors. Additional Insured status is provided under the General Liability and Auto Liability when required by written contract or agreement with the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Information Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED -REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Town of Barnstable • Building ��•�� Post This Gard So That rt<is Visible From the Street-Approved�Plans<Must be�Retained'on ,hi Ca ;. Posted Until Final In`sp�ection HBeM�ade� •� � � ' �;� • . ems,, Permit Certificate of Occupancy�s Requiredssuch Buildmgshall Not be Occupied until$a Finallnspectionxhasbeenkmade.' ~ Permit NO 6-17-801 Applicant Name: SOLAR CITY CORPORATION A 4 pprovals Date,lssued: 03/28/2017 lCurrent'Use: Structure Permit Type: 'Building 'Solar -Residential Expiration'Date: 09/28/2017 Foundation: Location: 40 CHURCH STREET,WEST BARNSTABLE Ma Lot: 154-005 Zoning District: RF Sheathing: FROMM'Owner on Record SULLIVAN DAVID S&VIRGINIA R ' Contractor Name: SOLAR CITY CORPORATION Framing: .1 Address: 40 CHURCH ST �'Co trac_torLicens�e 168572, 2 WEST BARNSTABLE,MA.02668 � _ Est Probed Cost: $""20,000.00 Chimney: Description: 'Solarinstallation 52 panels-13:25KW Permit ee. $152:00 ' Insulation: Project Review Req: Solar Installation 521panels 1325 KW Fee Paid S 152.00 Final: r b Date � 3/28/2017 • PI umbing/Gas Rough Plumbing: INNBuilding Official Final Plumbing: . This permit shall be deemed abandoned and invalid unless the work authonie b h s permit is commenced within soc�moths afte_roissuance. , Rough-Gas- All work authorized by this permit shall conform to the approved application.and theaapproved construction documents4or,, fiicKYihispermit has been granted. x r w All construction,alterations and changes of.use of any building and structureesll be m compliance with the local zonngby,Iawsnd codes. Final Gas: This permit shall be displayed in a location clearly visible from access street orzroadFand shallbe maintained open for publicnspection for the entire duration of the work until the completion of the same. Electrical The Certificate of Occupancy will not be issued until all applicable sign tures by the Buildin sand Fire Officials are=.provided om is$permit. gam _ Service: Minimum,of Five Call Inspections Required for All Construction Work; 1.Foundation or-Footing A �` .. Rough: 2.Sheathing•Inspection 3.All Fireplaces must be inspected at the throat level before firest flue'.lining is installed Final,: .4.'Wiring&Plumbing Inspections to be completed prior to Frame Inspection S.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.-Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required,for Electrical,Plumbing,and Mechanical Installations: Health Work shall not proceed until the inspector has approved the various stages of construction. Final: "Persons contracting With unregistered.contractors do not have access to the.guaranty,fund"-(as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 0Dr �. OWIN OF BA2�ISTABLE Application # �- - H, th Division Lit„ �.`: ' '�? F � ��. ; Date Issued 3 �8 �7 Conservation Division Application Fee Planning Dept. •-� ..�� ,.. Permit Fee Date Definitive Plan Approved by Planning Board — Preservation/ Hyannis Historio� Project Street Address q ( <S Gkof"_ _ Village i9a &Ock� IL Owner \ LV_1A rct�i�j� :i l�s�t�,n Address_Se,yi�e Telephoned Permit Request 52 Le 64A %v 1049 s e 'AA k 625A 0�O*Lwf yfteu f6be i f pi oze THI i sz kid Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuatio it).000 Construction Type Lot Size Grandfathered: ❑Yes ❑ No• If yes, attach supporting documentation. . Dwelling Type: Single Family 911"* Two Family ❑ Multi-Family(# units) Age of Existing Structure T' WwS Historic House: ❑Yes (M No On Old King's Highway: ❑Yes No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) N Basement Unfinished Area (sq.ft) Number of Baths: Full: existing_ new Half: existing new Number of Bedrooms: R existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑existing ❑ new size _Shed: ❑ existing 0 new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial- ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name d5 .c h Cn>lJ Telephone Number Address Z 6u� ,� �� 1�,�,, ', License# Home Improvement Contractor# Emai �SS9 ,Sa "Ci" .G7� Worker's Compensation # Ake- �2 jg�J,=Q19 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TOj _AZ,:� 6tezv+ W9,th,n ALI 5 . 1�eoajs 11Y6 Mae i SIGNATURE DATE 3& /Z,17 iy y., r -- FOR OFFICIAL USE ONLY APPLICATION # - DATE ISSUED " MAP/ PARCEL NO. ' ADDRESS VILLAGE OWNER ' s DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL z; PLUMBING: ROUGH- FINAL ' GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. Massachusetts Department of Public Safety lug Board of Building Regulations and Standards License: CS-101687 Construction Supervisor DANIEL D FONZI 390 ANDOVER STREET ?„ WILMINGTON MA 01867 .' l (�..c^ Expiration: Commissioner 09/13/2018 Construction Supervisor ' Restricted to: Unrestricted-Buildings of any use group which contain. less than 35,000 cubic feet(991 cubic meters)of enclosed space. ` Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. DPS Licensing information visit:WWW.MASS.GOV/DPS r 0 • A t(?l1 C1'< .��'GCY_ .I(17, Ulll�i'Gi�,1r ram; f 41 �1 Office of Consumer Affairs and Business Regulation "err 10 Park Plaza- Suite 5170 Boston, Massachusetts 02116 Home Improvement_Contractor Registration Type: Corporation SOLAR CITY CORPORATION Registration:Epr : 03G%o%2019 24 St Martin Street Bld 21.1nit 11 Marlborough, MA 01752 Update Address and return card. Mark reason for cha SCA I G 2o0.1,u. l I Cl Address 0 Renewal ❑ Employmer+t Q Lael t+. '`%�r�r u•urr Irrarvrl/I /�II i:.:rr��u,;r/l' Office of Consumer Affairs&Business Regulation ? HOME IMPROVEMENT CONTRACTOR Registration valid for individual use only _ '. TYPE:Corporation before the expiration date. If found return to: R stratfon Expiration Office of Consumer Affairs and Business Regulation E 10 168572 03/07/2019 Park Plate-116 5170 B Boston,MA , 21 118 SOLAR CITY CORPORATION DANIEL RUBIN 3055 Clearview Way / San Mateo,CA 94402 ` Undersecretary / of valid without signature wi,solarCity. OWNER AUTHORIZATION Job#: ` C.;I03SkA`1-cc Property Address: L{� C�,uf zXo S1,16") jGr(1cc as Owner of the subject property hereby authorize SOLARCITY CORPORATION to act on my behalf, in all matters relative to work authorized by this building permit application. Signature of Owner: te: SOLARCITY.COM � .• } r � � l a° 6 G DocuSign Envelope IQ:CE4DD4FD-B900-4BF7-94A9-DDF3C92E4C67 SolarCity I Solarlease Customer Information Installation Location Date Ginny Sullivan 40 Church Street 1/5/2017 40 Church Street Barnstable,MA 02668 Barnstable,MA 02668 5087768177 Here are the key terms of your Solarlease Agreement $ 15 1's-6 2 20yrs - -Amount due at contract signing First year mon dayment Agreeme ofm (Est.Price per kWh F rst V :$0.1450) /+S Initial here- _ Initial here_ C� The SolarCity Promise IDS •We provide a money-back energy performance guarantee. as •We guarantee that-if you sell your Home,the buyer will qualify to assume your Agreement. .........................................................................Initial here •We warrant all of our roofing work. IDS •We restore your roof at the end of the Agreement. GS •We warrant,insure and repair the System. ............................................................................................._............................................................................................................................................initial here •We fix or pay for any damage we may cause to your property. •We provide 24/7 web-enabled monitoring at no additional cost. •The rate you pay us will never increase by more than 2.90%per year. •The pricing in this Agreement is valid for 30 days after 12/6/2016. , Your SolarCity Lease Agreement Details Your Choices at the End of the Initial Your Prepayment Choices During jAmount due at contract signing Term: the Term: $0 •SolarCity will remove the System at no •If you move,you may prepay the Est.amount due at'installation additional cost to you. remaining payments(if any)at a $0 •You can upgrade to a new System with discount. the latest solar technology under a new Est.amount due at building inspection contract. $0 F •You may renew your Agreement for up to Est.first year production ten(10)years in two(2)five(5)year 12,548 kWh increments. •Otherwise,the Agreement will automatically renew for an additional one (1)year term at 10%less than the then- current average rate charges by your local utility. `. ,l 3055 Clearview Way,San Mateo,CA 94402 1 888.765.2489 1 solarcity.com 2381728 SolarLease Agreement,version 8.0.1,November 16,2016 SAPC/SEFACompliant �a Contractor License MA HIC 168572/EL-1136MR Document generated on 12/6/2016 Copyright 2008-2015 SolarCity Corporation,,All Rights Reserved v DocuSign Envelope ID:CE4DD4FD-B900-4BF7-94A9-DDF3C92E4C67 i 23. NOTICE OF RIGHT TO CANCEL YOU MAY CANCEL THIS LEASE AT ANY TIME PRIOR TO By signing below, I agree that SolarCity can contact me for MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE telemarketing and informational purposes via call or text using YOU SIGN THIS LEASE.SEE EXHIBIT 1.THE ATTACHED automated technology and/or pre-recorded messages using NOTICE OF CANCELLATION FORM,FOR AN EXPLANATION • the phone number(s) I provided that are listed on the first page OF THIS RIGHT. of this contract..)understand that consent is not a condition of purchase. You may opt-out of this authorization at any time by 24. ADDITIONAL RIGHTS TO CANCEL calling us at:888-765-2489 or sending us written notice and IN ADDITION TO ANY RIGHTS YOU MAY HAVE TO CANCEL mailing it to:SolarCity Corporation,Attention: Phone THIS LEASE UNDER SECTIONS 6 AND 23,YOU MAY ALSO Authorization Opt-Out,3055 Clearview Way,San Mateo,CA CANCEL THIS LEASE AT NO COST AT ANY TIME PRIOR TO 94402. COMMENCEMENT OF CONSTRUCTION ON YOUR HOME. I have read this Lease and the Exhibits in their entirety and I 25. Pricing acknowledge that I have received a complete copy of this The pricing in this Lease is valid for 30 days after Lease. 12/6/2016. If you don't sign this Lease and return it to us Customer's Name:Ginny Sullivan on or prior to 30 days after 12/6/2016,SolarCity reserves DocuSfgned W. the right to reject this Lease unless you agree to our then current pricing. Signature: =0DB20D7908994C5... Date: 1/5/2017 Customer's Name: Signature: Date: SolarLease Agreement ` SolarCity approved Signature: Lyndon Rive, CEO Date: 12/6/2016 Solarl-ease Agreement,version 8.0.1,November 16,2016 �{y 2381728 i F r Version#64.8-TBD �=oasolarCity. ZN of January 17, 2017 P Y NG NG G RE: CERTIFICATION LETTER 0 ZHU CML -4 Project/Job#0263547 U NO.52791 Project Address: Sullivan 1eSdence 40 Church CISTER�� '� Barnstable, MA 02668 �S�IONAL r<N� AHJ Barnstable Digitally signed by Henry Zhu SC Office Cape Cod Henry DN:cn=Henry Zhu, email=hzhu@solarcity.com, Design Criteria: ou=ADOBE(r)-AATL,c=US, o=Sola7 Corporation Zhu Date:201017.01.17 14:45:19 -Applicable Codes= MA Res. Code,8th Edition,ASCE 7-05,and 2005 NDS -0B•oo, - Risk Category = II -Wind Speed = 110 mph, Exposure Category C, Partially/Fully Enclosed Method -Ground Snow Load = 30 psf --MP1A: 2x6 @ 16"OC, Roof DL = 7.5 psf, Roof LL/SL= 21 psf(Non-PV), Roof LL/SL= 13.41 psf(PV) - MP1B: 2x6 @ 16"OC, Roof DL= 10.5 psf, Roof LL/SL= 21 psf(Non-PV), Roof LL/SL= 13.41 psf(PV) - MP2: 2x6 @ 24"OC, Roof DL= 7 psf, Roof LL/SL= 21 psf(Non-PV), Roof LL/SL= 14.1 psf(PV) Note: Per IBC 1613.1; Seismic check is not required because Ss = 0.19774 < 0.4g and Seismic Design Category(SDC) =.B < D To Whom It May Concern, A jobsite survey of the existing framing system of the address indicated above was performed by a site survey team from SolarCity. Structural evaluation was based on site observations and the design criteria listed above. Based on this evaluation, I certify that the existing structure directly supporting the PV system is adequate to withstand all loading indicated in the design criteria above based on the requirements of the applicable existing building and/or new building provisions adopted/referenced above. Additionally, I certify that the PV module assembly including all standoffs supporting it have been reviewed to be in accordance with the manufacturer's specifications and to meet and/or exceed all requirements set forth by the referenced codes for loading. The PV assembly hardware specifications are contained in the plans/docs submitted for approval. 3055 Clearv)ew Way San Mateo,CA 94402 -(650)638-1028 (888)SOL-CITY r(650)638-1029 solarcity.conn Q��,• Version*64.8-TBD ,wo,solarCity. + i HARDWARE DESIGN AND STRUCTURAL ANALYSIS RESULTS SUMMARY TABLES Landscape Hardware-Landscape Modules Standoff Specifications Hardware X-X Spacing X-X Cantilever Y-Y Spacing Y-Y Cantilever Configuration Uplift DCR MPiA 64" 24" 38" NA Staggered 61.0% MP3B 64" 24" 38" NA Staggered 61.0% MP2 72" 24" 38" NA Staggered 68.6% Portrait Hardware-Portrait Modules'Standoff Specifications Hardware X-X Spacing X-X Cantilever Y-Y Spacing Y-Y Cantilever Configuration Uplift DCR MP1A 48" 191. 64" NA Staggered 77.1% MP1B 48" 19" 64" NA Staggered 77.1% MP2 48" 19" 64" NA Staggered 77.0% Structure Mounting Plane Framing Qualification Results Type Spacing Pitch Member Evaluation Results MP1A Stick Frame 16"O.C. 320 Member Impact Check OK MPiB Vaulted Ceiling 16"O.C. 320 Member Impact Check OK MP2 Stick Frame 24"O.C. 300 Member Impact Check OK l I Refer to the submitted drawings for details of Information collected during a site survey. All member analysis and/or evaluation is based on framing information gathered on site.The existing gravity and lateral load carrying members were evaluated.In accordance with the IBC and the IEBC. 3055 Clearview Way San Mateo,CA 94402 T(650)638-1028 (888)SOL-CITY r(650)638-1029 solarcity.com .k OSIuW w M-8.37.AZPM S:SNIA:x.NSAW.CA ULatxxx tUjE0;14-'t WMS27797EtC011--(S.CC tu:�.7o•�uBC"rt�:'O''W CE trnL ym it-tM2 ft Erclsr::t.011'1 7770 IL Z,»52.M►t*CUBW2, EL•:1}tMf M]�4C t•ywenlB.lS.NC3.'t8:�tty.!d1 CSt1CJt«21M.tU VrtC+tS+M.r+tu06S,07StEDMJS27W i;M EE 46-3N:ODlN�,_+b'2A3::t2/C2'�OTttB?1-OiN7Y•.:H El.t!i,.J OR 0tj ", St2_PA4CM7744S.(4 nn»47ur9,at WM-m K6G119 Ck dWjt dA-4)q{1{:(1 W 1k 32C7-lLhbsl3x::trWG:t[C3-M7S.'.:VC a200C.tJ{+Crt;CElhCt:YC LKer1ea H�ctr,.ywi 1'U.10+fOM.ttJ..tStkarr:46VFl !NutL.W�.�+1A AT'!_Y.�2'71:ba-0•.�AL,.t.µ",4da4"&fCiM/n�nco C—PkW.LLC. CA►.—WoLa 4, l,c6me 60647766,+LL.tr Ft—4C,a44,v LLC 6cenf4 by tf,.DA..v.S t90 5%-ACM ,raM.^canpye`+bL,,,—N 6..4M ft.1lOMulnunUr)"An 1.'C L.-L<en6s 2241W ' tntdnrw•t l..nLMwu•_0.7/92,Igtt02t., I Ucem6d Lvder s1tY,3t<tSL4 TA Ft..l6ery GM4a N]OC15tl.�.S-1�.>•�,YT Lama t.:+R•s6)tt STRUCTURE ANALYSIS - LOADING SUMMARY AND MEMBER CHECK - NIP1A ' Member Properties Summary MP1A Horizontal Member Spans Rafter Pro erties Overhang 0.66 ft- Actual W 1.50" Roof System Pro erties San 1 14.14 ft Actual D 5.50" Number of Spans(w/o Overhang) 1 San 2 Nominal Yes Roofing Material Comp Roof San 3 A(in A2 8.25 Re-Roof No San 4 Sx in.A3 7.56 PI wood Sheathing Yes San 5 Ix(in A4 20.80 Board Sheathing None Total Rake Span 17.45 ft TL Defi'n Limit 120 Vaulted Ceiling No PV 1 Start 0.08 ft Wood Species SPF Ceiling Finish 1/2"Gypsum Board PV 1 End 11.33 ft Wood Grade #2 Rafter Sloe 320 PV 2 Start Fb(psi) 875 Rafter Spacing 16"O.C. PV 2 End Fv(psi) 135 Top Lat Bracing Full PV 3 Start E(psi) 1,400,000 Bot Lat Bracing At Supports PV 3 End E-min(psi) 510.000 Member Loading Summary Roof Pitch 8 12 Initial Pitch Adjust Non-PV Areas PV Areas Roof Dead Load DL 7.5 psf x 1.18 8.8 psf 8.8 psf PV Dead Load PV-DL 3.0 psf x 1.18 3.5 psf Roof Live Load RLL 20.0 psf x 0.83 16.5 psf Live/Snow Load LL SL1,2 30.0 psf x 0.7 1 x 0.45 21.0 psf 13.4 psf Total Load(Governing LC I TL 1 29.8 psf 25.8 sf Notes: 1, ps=Cs*pf;Cs-roof,Cs-pv per ASCE 7[Figure 7-2] 2. pf=0.7(Ce)(C0(IS)p9; Ce=0.91 Cr=1.1, IS=1.0 Member Design Summary(per NDS Governing Load Comb I CD I CL + CL - CF Cr D +S 1 1.15 1 1.00 1 0.44 1 1.3 1 1.15 Member Anal sis Results Summary Governing Analysis I Pre-PV Moment (lb-in) Post-PV Moment Net Im act Result Gravity Loading Check 1 1572 1 1 1383 1 0.88 1 Pass 1 , . ZEP HARDWARE:DESIGN-CALCULATIONS-=MPlA - _ Mounting Plane Information Roofing Material Comp Roof I Roof Slope ___ 32° Rafter spacing 16"O.C. ` Framing Type LE irection _ Y-Y Rafters PV System Type T _ �� _ —S6larQt S_'ekMoun&— Z_ep System_Type_ _ _ _R ZS Comp_ _r �.4 Standoff Attachment Hardware) Como Mount SRV Spanning Vents: M _. __. _ No Wind Design Criteria Wind Design Code __ _ IBC 200_9 ___ ASCE 7-05 Wind Design Method y - Partfatly/Fully Enclosed Method Basic Wind Speed _ V _ 110 mph _ Fig. 6-1 Exposure Category•______•____ _ _ C yW_ ___ .Section 6.5.6.3_ Roof Style Gable Roof_�__M � — Fig.6-11B/C/D-14A/B Mean Roof Height Yh - "15 ft_ 'Section 6.2 - Wind Pressure Calculation Coefficients Wind Pressure Exposure KZ 0.85 -: Table 6-3 Topographic Factor_ Krt 1.00 Section 6.5.7 Wind Directionality Factor _ Kd � 0.85 Table 6-4 Importance Factor rYI 1.0 Table 6-1 Velocity Pressure qh qh =0.00256(Kz)(Kzt)(Kd)(V^2)(I) Equation 6-15 22.4 psf Wind Pressure Ext. Pressure Coefficient U GC U -0.95 Fig.6-11B/C/D-14A/B Ext. Pressure Coefficient Down GC Down 0.88 Fig.6-11B/C/D-14A/B Design Wind Pressure p p= qh(GCp) Equation 6-22 Wind Pressure U -21.3 psf Wind Pressure Down 19.6 psf fALLOWABLESTANDOFF�SPACINGS X=Direction Y-Direction Max Allowable Standoff Spacing Landscape 64" - 38" Max Allowable Cantilever —Landscape 24" � NA Standoff Configuration Landsca e� Staggered Max Standoff Tributary Area Trib_ 17 sf PV Assembly Dead Load W-PV 3.0 psf V Net Wind.Uplift at Standoff Tactual -335 lbs� Uplift Capacityof Standoff T-allow 548 lbs Standoff Demand/Capacity DCR 61.06/o '— X-Direction Y-Direction Max Allowable Standoff Spacing Portrait 48" 64" Max Allowable_Cantilever — Portrait 19" 'NA Standoff Configuration Portrait Staggered Max Standoff Tributary,Area Trib _ 21 sf _ PV Assembly Dead Load W-PV 3.0 psf y Net.Wind,Uplift at Standoff _ T,actual _ 423_lbs ___— Uplift Capacity of Standoff T-allow~ 548 Ibs Standoff Demand Ca aci DCR 77.1% i ;STRUCTURE ANALYSIS - LOADING SU RYMMA AND MEMBER CHECK- MP1B Member Properties Summary MP1B Horizontal Member Spans Rafter Pro erties Overhang 0.66 ft Actual W 1.50" Roof System Properties San 1 14.14 ft Actual D 5.50" Number of Spans(w/o Overhang) 1 San 2 Nominal Yes Roofing Material Comp Roof San 3 A(in A2 8.25 Re-Roof No Span 4 Sx(in.A3 7.56 Plywood Sheathing Yes San 5 Ix(in A4 20.80 Board Sheathing None Total Rake Span 17.45 ft TL Defl'n Limit 120 Vaulted Ceiling Yes PV 1 Start 0.08 ft Wood Species SPF Ceiling Finish 1/2"Gypsum Board PV 1 End 11.33 ft Wood Grade #2 Rafter Sloe 320 PV 2 Start Fb(psi) 875 Rafter Spacing 16"O.C. PV 2 End Fv(psi)' 135 Top Lat Bracing Full PV 3 Start E(psi) 1,400,000 Bot Lat Bracing Full PV 3 End E-min(psi) 510,000 Member Loading Summary Roof Pitch 8 12 Initial Pitch Ad'ust Non-PV Areas PV Areas Roof Dead Load DL 10.5 psf x 1.18 12.4 psf 12.4 psf PV Dead Load PV-DL 3.0 psf x 1.18 3.5psf Roof Live Load RLL 20.0 Psf x 0.83 16.5 psf r Live/Snow Load LL SLl'2 30.0 psf x 0.7 1 x 0.45 21.0 psf 13.4 psf Total Load(Governing LC TL 1 1 33.4 psf 29.3 psf Notes: 1. ps=Cs*pf;Cs-roof,Cs-pv per ASCE 7[Figure 7-2) 2. pf=0.7(Ce)(CO(IS)pg; Ce=0.9,Ct=1.1,Is=1.0 Member Design Summary(per NDS Governing Load Comb CD CL + CL - CF Cr D+ S 1.15 1.00 1.00 1 1.3 1.15 Member Anal sis Results Summary Governing Analysis Pre-PV Moment I (Ib-in) IPost-PV Moment Net Im act Result Gravity Loading Check 1758 1 1 1569 1 0.89 Pass f ;ZEP'HARDWARE"DESIGN"CALCULATIONS-:'MPlB--- Mounting Plane Information Roofing Material Comp Roof i Roof Slope 320 _ Rafter S acin _ v ' if"fb-c 1 . Framing Type/Direction Y-Y Rafters � — PV-System Type_ SoOr ity Sleewfount— _ 4� Zep System Type ZS Comp .. Standoff Attachment Hardware 'Como Mount SRV Spanning Vents _ _ --_— _ No Wind Design Criteria Wind Design Code _ ___�� IBC_ 2009 w _ ASCE 7-05 Wi nd Design Method _�_ _ Partially/Full Enclosed Method Basic Wind Speed V 110 mph e _ _ M Fig.-6-1 Exposure Category_ _ C w _Section 6.5.6.3' Roof Style Gable Roof Fig.6-11B/C/D-14_A/_B Mean Roof Height ht �h 15 ft Section 6.2 Wind Pressure Calculation Coefficients Wind Pressure Exposure KZ ____- 0.85 ---- Table 6-3_ Topographic Factor _ Krt� 100 Section 6.5.7~' Wind Directionality Factor JKd _ 0.85 Table 6-4 Importance Factor I 1.0:—""� __ Table 6-1 Velocity Pressure qh qh = 0.00256(Kz)(Kzt)(Kd)(V^2)(I) Equation 6-15 22.4 psf Wind Pressure Ext. Pressure Coefficient U GC U -0.95 Fig.6-11B/C/D-14A/B Ext. Pressure Coefficient Down GC Down 0.88 Fig.6-11B/C/D-14A/B Design Wind Pressure p p=qh(GCp) Equation 6-22 Wind Pressure Up Nun) -21.3 psf Wind Pressure Down 19.6 psf FALLOWABLE STANDOFF:SPACINGST X-Direction Y-Direction Max Allowable Standoff Spacing_ Landscape 64" 38" Max Allowable Cantilever_ Landscape 24' --NA__ Standoff Configuration Landscape Staggered Max Standoff Tributary,Area Trib_ _ 17 sf- PV Assembly Dead Load W-PV 3.0 psf Net Wind,Uplift at Standoff Tactual -335 lbs Uplift Capacity of Standoff T-allow 4 �548 Ibs Standoff Demand/Capacity DCR___�_ 61.0% X-Direction Y-Direction Max Allowable Standoff Spacing Portrait 48" 64" -- Max Allowable Cantilever_________" Portrait 19"_ --_NA Standoff Configuration Portrait~ —Staggered Max.StandoffTributary,Area Trib •21 sf PV Assembly Dead Load W-PV 3.0 psf Net Wind.Uplit at Standoff Tactual -423-Ibs Uplift Capacity of Standoff T-allow 548 Ibs Standoff Demand/Capacitv DCR 77.1% STRUCTURE ANALYSIS - LOADING SUMMARY AND MEMBER CHECK Member Properties Summary MP2 Horizontal Member Spans Rafter Pro erties Overhang' 0.66 ft Actual W 1.50" Roof System Pro erties San 1 10.47 ft Actual D 5.50" Number of Spans(w/o Overhang) 1 San 2 Nominal Yes Roofing Material Comp Roof San 3 A(in A2 8.25 Re-Roof No San 4 Sx(in.A3 7.56 Plywood Sheathing Yes San 5 Ix in^4 20.80 Board Sheathing None Total Rake Span 12.85 ft TL Deffn Limit 120 Vaulted Ceiling No PV 1 Start 0.33 ft Wood Species SPF Ceiling Finish 1/2"Gypsum Board PV 1 End 9.00 ft Wood Grade #2 Rafter Sloe 300 PV 2 Start Fb(psi) 875 Rafter Spacing 24"O.C. PV.2 End Fv(psi) 135 Top Lat Bracing Full PV 3 Start E(psi) 1,400,000 Bot Lat Bracing At Supports PV 3 End E-min(psi) 510 000- Member Loading Summary Roof Pitch 7 12 Initial Pitch Ad"ust Non-PV Areas PV Areas Roof Dead Load DL 7.0 psf x 1.15 8.1 psf 8.1 psf PV Dead Load PV-DL 3.0 psf x 1.15 3.5 psf Roof Live Load RLL 20.0 psf x 0.85 17.0 psf Live/Snow Load LL SLl Z 30.0 psf x 0.7 1 x 0.47 21.0 psf 14.1 psf Total Load(Governing LC I TL 1 1 29.1 psf 25.6 Pcf Notes: 1. ps=Cs*pf; Cs-roof,Cs-pv per ASCE 7[Figure 7-2] 2. pf= 0.7(Ce)(Ct)(IS)pg; Ce=0.9,Cr=1.1, IS=1.0 Member Design Summary(per NDS Governing Load Comb CD CL + CL - CF Cr D+S 1.15 1.00 1 0.60 1 1.3 1.15 Member Anal sis Results Summary Governing Analysis Pre-PV Moment lb-in) lPost-PVMomenti Net Im act Result Gravity Loading Check 1256 1118 1 0.89 Pass �ZEPHARDWARE:DESIGN-CALCULATIONS=MP2Y -----'— ---_- _J=_-_- - --` - -� Mountin Plane Information Roofing Material Comp Roof ! Roof Slope _ 300 Rafter Spacing _ 24"O.C. Framing Type,/ Direc tion _ T _ Y-Y Rafters Cj PV_System Type__ __ _ __ SOL__ty SleekMount"" Z_ep System Type _ Y ^_�_ ZS Come Standoff Attachment Hardware_ Como Mount SRV Spanning Vents No Wind Design Criteria Wind Design Code _ _ _ _ IBC 2009y_ ASCE 7-05 Wind.Design Method �� Partially/Fully Enclosed Method__ Basic Wind Speed - V r 110 mph ^y , Fig. 6-11 Exposure Category„_ C _ _ TSection.6.5.6.3_ Roof Style Gable Roof _ Fig_.6-11B/C/D-14A/B Mean Roof Height '- �h -T� 15 ft -"' - Se11646 2 Wind Pressure Calculation Coefficients Wind Pressure Expo'sure — _KZ — �� 0.85 Table 6-3 Topographic_Factor- _Krt~___ _ 1.00 _ _ 'Section_6.5.7 Wind Directionality Factor_ ICd _ - _ 0.85 , Table 6-4 Importance Factor I 1.0 Table 6-1 Velocity Pressure qh qh =0.00256(Kz)(Kzt)(Kd)(V^2)(I) Equation 6-15 22.4 DSf Wind Pressure Ext. Pressure Coefficient U GC U -0.95 Fig.6-11B/C/D-14A/B Ext. Pressure Coefficient Down GC Down 0.88 Fig.6-11B/C/D-14A/8 Desi n Wind Pressure p p= qh(GCp) Equation 6-22 Wind Pressure U „ -21.3 psf Wind Pressure Down 19.6 psf [ALLOWABLE-STANDOFFSPACINGS X-Direction Y-Direction Max Allowable Standoff Spacing__ Landscape 72" _ __ 38" � Max Allowable CantileverLandscape _ 24" i~ _ NA ! u _ Standoff Confration Landscape Staggered Max Standoff Tributary,Area.__ Trib 19 sf _ PV Assembly Dead Load W-PV 3.0 psf Net Wind.Uplift at Standoff T_actuaI -376 Ibs_ Uplift Capacity of Standoff T-allow 548 Ibs Standoff Demand/Capacity DCR 68.6% X-Direction Y-Direction Max Allowable Standoff Spacing _ Portrait 48" 64" Max Allowable Cantilever Portrait 19" NA'�. Standoff Configuration Portrait Staggered Max Standoff Tributary.Area Trib _ 21 sf PV Assembly Dead Load W-PV 3.0 psf Net Wind_Uplift at Standoff Tactual -422 !bs_ �- Uplift Capacity of Standoff T-allow 548 lbs §tandoff.6-e-mand/Capac6i I DCR 1 77.0% '-� A . SolarCity Effective March 1,2017 RE: Permit Authorization Dear Sir or Madam: This letter is to verify that NATHAN TISSOT is/are authorized representatives of SolarCity Corporation and are authorized to pull any and all permits, business licenses,and any other project related documents as needed on my behalf. Please don't hesitate to call if you have any questions. i Sincerely, Daniel Rubin 404-771-21.16 Responsible Managing Employee, MA Home Improvement Contractor Registration#168572 Regional Director,Operations. SolarCity Corporation y' ��+ 7�`rearrrrriirrv.rr�1� r/ :rrr Olt" ..r//. l Office of Consumer Affairs and Business Regulation 10 Park Plaza•Suite 5170 Boston.Massachusetts 02116 Home Improvement Contractor Registration Type: Corporation SOLAR CITY CORPORATION Explrration:: 031on2ot9 24St Martin Street Bid 2Unft11 KELLY K.STRICKLAND Marlborough,MA 01752 Notary Public g• COMMONWEALTH OFMASSACHUSETTS Upda'.Addy...wW refwn cad.Ua+4 r.awn for ce. My Commission Expires On n a�gr•!e r1 w.neael 0 rl LoR1 May 23.2023 omw w ca:aime Npts It Hrrba..Rrpwntan Im1Ee1PROVEMENTCOIRRPLTOR Reebbellon.teld for lxUkkw us.onry TYPE:Cow Oetere tiro.lgliroton dates Ito rPtum to: Rcei<nmron ElWmtlo0 D3i07:1019 OMc.a Caoumv AlMr..M Ou.lmas Repul.tbn , 1 . to P'MM P1oso•Suite stye �. Ist7s72 8octen,MA Is SOLAR CRY CORPORATION OAN:EL RUBIN / ` - 3055ct1Yi 4aw Way Sol Malin,CA 94402 ' Urberxnewy % of valid without signs ure SolarCity Corporation DBA Tesla Energy CA CSLB 888104,MA HIC 1685721EL-1136MR. Visit www.solarcity.com to view our complete list of license ntmllers ily state. PIKE tp� • • • • -W Barnstable Old Kings Highway Historic District Committee : .�'AZtx i 200 Main Street,Hyannis,MA 02601,TEL: 508-862-4787 Fax 508-862-4784 n�0$ APPLICATION, CERTIFICATE OF APPROPRIATENESS Application is hereby made,with four(4)complete sets,for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470,Acts and Resolves of Massachusetts, 1973,for proposed work as described below and on plans,drawings,or photographs accompanying this application for: Check all categories that apply, 1. Building construction: EllJ New ❑ Addition Alteration 2. Type of Building: House ❑ Garage/barn 0 Shed ❑ Commercial ❑ Other 3. Exterior Painting,roof ❑ new roof ❑ color/material change, of trim, siding,window, door 4. Sign : ❑ New Sign ❑ Existing Sign ❑ Repainting Existing Sign 5. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Retaining wall ❑ Tennis court ❑ Other 6. Pool ❑ Swimming ❑ Other man-made pool Solar panels ❑ Other Type or Print Legibly: Date 1/26/2017 NOTE AA applications must be signed by the current owner Owner(print): David and Virgina Sullivan Telephone#: 508-776-5174 ge 40 Church St villa West Barnstable Ma Lot# 154/005 Address of Proposed Work: p Mailing Address(if different) same Owner's Signature see attached Description of Proposed Work: Give particulars of work to be done: Install a total of 52 black solar panels on the front. and side roof of house. Agent or Contractor(print): SolarCity/Nathan Tissot Telephone#: 508-640-5389 Address: 112 Great Weste n Rd So en is MA 02660 Contractor/Agent'signature: 4 0 For committee use only. This Certificate is here APPROVED% ENIED Da l Members signatures J Qy\ Ll 1�6 lkk 1 QA8oardr and Commitsions\Old Kings HighwayNOKHApplications\OKH DRAFT 2011 Cert Appropruueness DRAFT dot i 5. SIGNS ' Diagram of sign,showing graphics,size,design and height of post,color and materials. Spec sheet. Site Plan on a GIS map or mortgage survey,OR photographs OR to-scale sketch of building elevation showing location of proposed sign;and any tree to be removed near a freestanding sign. Fee according to schedule. 6. S%AR PANELS V Drawing of location of panels on house showing roof and panel dimensions. Site plan showing location of building on property. (Assessors map may be submitted) _ Height of solar panel above the roof. Color of panels Finish(matt or glossy) 7. FOR,LIST OF ABUTTERS: P AS OKH STAFF SIGNED (plan preparer) Print Nathan Tissot Date: 1/26/2017 Tel.Phone no's: 508-640-5389 NOTE The Old Kings Highway Historic District Committee MAY DENY INCOMPLETE APPLICATIONS ATTENDANCE AT MEETINGS: If the applicant or his/her representative is not present during the hearing is scheduled,the application ►nay be either CONTINUED OR DENIED APPEAL PERIOD APPROVED PLANS PLAN PICK UP There is a ten(10)day appeal period,plus a 4 day waiting period for approved plans from the date the decision is filed with Town Clerk. This is necessary for each Certificate of Appropriateness and/or Certificate for Demolition issued by the Old King's Highway Committee. Plans approved by the Old King's Highway Historic District Committee may be picked up at Growth Management,Regulatory Division,200 Main Street,Hyannis,after expiration of the 14 day"wait"period. If the 140'day falls on a Saturday,your plans will be available the afternoon of the following business day. DENIALS Applications that are denied maybe appealed to the.Old Kings Highway Regional Historic District Commission within 10 days of the filing of the decision with the Town Clerk. For more information, see the Bulletin of the Old Kings Highway.Di Commission. BUILDING PERMITS,OTHER AGENCY CONTACTS In most instances,before commencing work,a Building Permit is required. The Building Division will require a certified plot plan for new construction and/or demolition. Commercial work may require Site Plan approval. Demolitions: the applicant should check with the Building Division as to conformance with Zoning requirements. Other Regulatory Agencies at 200 Main St,Hyannis MA 02601: Building Division 508-8624038 Conservation Division 508-862-4093 Health Division 508-862-4644 QUESTIONS ABOUT YOUR APPLICATION? PLEASE CALL THE BARNSTABLE . OLD KINGS HIGHWAY OFFICE AT 508 862-4787 5 QABoards and Conwdssions\Old Kings Highway\OKHApplicatias\OKH DRAFT 2011 Cert Appropriateness DRAF7:doc CERTIFICATE OF APPROPRIATENESS SPEC SHEET Please submit 5 copies Foundation Type: (Max. 12"exposed)(material-brick/cement,other) -Siding Type: Clapboard_ shingle_ other. Material: red cedar white cedar other Color: Chimney Material: Color: Roof Material: (make&style) Asphalt shingle Color: light grey ( ) ( ) 7/12 P . P f S I ) Roof Pitch s : 7/12 minimum (s ect on plans for new buildings, major culditions Window and door trim material: wood other material,specify Size of cornerboards size of casings(1 X 4 min.) color Rakes Ist member 2nd member Depth of overhang Window: (make/model) material color (Provide window schedule on plat:for new,buildings, major additions) Window grills(please check all that apply_: true divided lights— exterior glued grills_ grills between glass_removable interior_ None Door style and make: material Color: Garage Door,Style Size of opening Material Color Shutter Type/Style/Material: Color: Gutter Type/Material: Color: Deck material: wood other material,specify Color: Skylight,type/make/model/: material Color: Size: Sign size: Type/Materials: Color: Fence Type(max 6' )Style material: Color: Retaining wall: Material: Lighting,freestanding on building illuminating sign OTHER INFORMATION: Solar Panels are black w/ black frame THE ATTACHED CHECK LIST MUST BE COMPLETED AND SUBMITTED Please provide samples f paint , nufacturers brochure of windows,doors,garage door,fences,lamp posts etc Signed: (plan preparer) Print Name Nathan Tissot 2 Q:\Boards and ConwussionA01d Kings HighwajA0Ktl ApplicadonAOKH DRAFT 2011 Cert Appropriateness DRAFT.doe ABBREVIATIONS ELECTRICAL NOTES JURISDICTION NOTES A AMPERE 1. THIS SYSTEM IS GRID-INTERIIED VIA A AC ALTERNATING CURRENT UL-LISTED POWER-CONDITIONING INVERTER. 4 BLDG BUILDING 2. THIS SYSTEM HAS NO BATTERIES, NO UPS. CONIC CONCRETE 3. A NATIONALLY-RECOGNIZED TESTING DC DIRECT CURRENT LABORATORY SHALL LIST ALL EQUIPMENT IN EGC EQUIPMENT GROUNDING CONDUCTOR COMPLIANCE WITH ART. 110.3. (E) EXISTING 4. WHERE ALL TERMINALS OF THE DISCONNECTING EMT ELECTRICAL METALLIC TUBING MEANS MAY BE ENERGIZED IN THE OPEN POSITION, FSB FIRE SET-BACK A SIGN WILL BE PROVIDED WARNING OF THE GALV GALVANIZED HAZARDS PER ART. 690.17. GEC GROUNDING ELECTRODE CONDUCTOR 5. EACH UNGROUNDED CONDUCTOR OF THE GND GROUND MULTIWIRE BRANCH CIRCUIT WILL BE IDENTIFIED BY HDG HOT DIPPED GALVANIZED PHASE AND SYSTEM PER ART. 210.5. I CURRENT 6. CIRCUITS OVER 250V TO GROUND SHALL Imp CURRENT AT MAX POWER COMPLY WITH ART. 250.97, 25O.92(B). Isc SHORT CIRCUIT CURRENT 7. DC CONDUCTORS EITHER DO NOT ENTER 3 kVA KILOVOLT AMPERE BUILDING OR ARE RUN IN METALLIC RACEWAYS OR kW KILOWATT ENCLOSURES TO THE FIRST ACCESSIBLE DC i LBW LOAD BEARING WALL DISCONNECTING MEANS PER ART. 690.31(E). MIN MINIMUM 8. ALL WIRES SHALL BE PROVIDED WITH STRAIN (N) NEW . RELIEF AT ALL ENTRY INTO BOXES AS REQUIRED BY NEUT NEUTRAL UL LISTING. NTS NOT TO SCALE 9. MODULE FRAMES SHALL BE GROUNDED AT THE OC ON CENTER UL-LISTED LOCATION PROVIDED BY THE PL PROPERTY LINE MANUFACTURER USING UL LISTED GROUNDING POI POINT OF INTERCONNECTION HARDWARE. j PV PHOTOVOLTAIC 10. MODULE FRAMES, RAIL, AND POSTS SHALL BE SCH SCHEDULE BONDED WITH EQUIPMENT GROUND CONDUCTORS. S STAINLESS STEEL STC STANDARD TESTING CONDITIONS TYP TYPICAL UPS UNINTERRUPTIBLE POWER SUPPLY V. VOLT Vmp VOLTAGE AT MAX POWER VICINITY MAP INDEX Voc VOLTAGE AT OPEN CIRCUIT W WATT 3R NEMA 3R, RAINTIGHT PV1 COVER SHEET PV2 SITE PLAN PV3 STRUCTURAL VIEWS PV4 UPLIFT CALCULATIONS LICENSE GENERAL NOTES , ' Cu heelts Attar ed DIAGRAM t GEN #168572 1. ALL WORK TO BE DONE TO THE 8TH EDITION " ELEC 1136 MR OF THE MA STATE BUILDING CODE. 2. ALL ELECTRICAL WORK SHALL COMPLY WITH THE 2017 NATIONAL ELECTRIC CODE INCLUDING 1 ' MASSACHUSETTS AMENDMENTS. - MODULE GROUNDING METHOD: ZEP SOLAR � ' ,�'r,`_ REV BY DATE COMMENTS AHJ: Barnstable v REV A NAME DATE COMMENTS x x x x Y . UTILITY: NSTAR Electric (Commonwealth Electric) x x x x J B-0263547 0 0 PREMISE OWNER' DESCRIPTION: DESIGN: ew CONFIDENTIAL — THE INFORMATION HEREIN J08 NUMBER ■ CONTAINED SHALL NOT BE USED FOR THE GINNY SULLIVAN Ginny Sullivan RESIDENCE Cliff Williams �.,;So�arCity No SHT OF ALL IIT BE DISCLOYONE OSSED N WHOLE ORT SOLARCITY CIN MOUNTING C SYSTEM: 40 CHURCH ST 13.52 KW'PV ARRAY PART TO OTHERS OUTSIDE THE RECIPIENTS ZS Comp V4 wFlashing=Insert ORGANIZATION, EXCEPT IN CONNECTION WITH MODULES: BARNSTABLE, MA 02668 24 St Martin Drive,Building 2,Unit 11 THE SALE AND USE OF THE RESPECTIVE (52) KYOCERA # KU260-6ZPB ' PACE NAME: SHEET: REV: DATE Marlborough,MA 01752 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN INVERTER: T. (650)638-1028 F: (650)638-1029 PERMISSION OF SOLARCITY INC. Multiple Inverters �' COVER SHEET P 1/17/2017 (Bfi6rsa-aTY(765-2489) ww•.Warcl►yaam PITCH: 32 ARRAY PITCH:32 MP1 AZIMUTH:245 ARRAY AZIMUTH:245 MATERIAL: Comp Shingle STORY: 1 Story PITCH: 30 ARRAY PITCH:30 MP2 AZIMUTH: 155 ARRAY AZIMUTH: 155 MATERIAL: Comp Shingle STORY: 1 Story. SN OF �c Y NG H NG c ZHU in CMIL -� NO.52781 y 1, Digitally signed by Henry H e n rye Zhu Go DN:cn=Henry Zhu, FG/STE•a�`c� emai I=hzhu@solarciry.com, ou=ADOBE(r)-AATL,c=US, Zhu, 3 o=SolarCity Corporation � Date:2017.01.17 14:4539 D -08'00' A LEGEND STRUc (E) UTILITY METER & WARNING LABEL 3 Front Of House CHAVCB Inv INVERTER W/ INTEGRATED DC DISCO & WARNING LABELS © DC DISCONNECT & WARNING LABELS AC AC DISCONNECT & WARNING LABELS t- DC JUNCTION/COMBINER BOX & LABELS DISTRIBUTION PANEL & LABELS Lc LOAD CENTER & WARNING LABELS O DEDICATED PV SYSTEM METER RSD RAPID SHUTDOWN Q STANDOFF LOCATIONS CONDUIT RUN ON EXTERIOR --- CONDUIT RUN ON INTERIOR — GATE/FENCE Q HEAT PRODUCING VENTS ARE RED r,_-i ® INTERIOR EQUIPMENT IS DASHED ". s L=J SITE PLAN /V Scale:1/16" = 1' 01, 16' 32' f CONFIDENTIAL— THE INFORMATION HEREIN JOB NUMBER PREMISE OWNER: DESCRIPTION: DESIGN J B-0263547 00 CONTAINED SHALL NOT USED FOR THE GINNY SULLIVAN Ginny Sullivan RESIDENCE Cliff Williams solarCity. BENEFIT OF ANYONE EXCEPT SOLARgTY INC., MOUNTING SYSTEM: �., NOR MALL IT BE DISCLOSED IN WHOLE OR IN ZS Comp V4 w Flashing-Insert 40 CHURCH ST 13.52 KW PV ARRAY PART TO OTHERS OUTSIDE THE RECIPIENTS M000tEx BARNSTABLE, MA 02668 ORGANIZATION, EXCEPT IN CONNECTION WITH THE SALE AND USE OF THE RESPECTIVE (52) KYOCERA # KU260-6ZPB 24 St Mob Drive.Building z Unit 11 SOLARgTY EQUIPMENT, WITHOUT THE WRITTEN INVERTER PAGE NAME SHEET: REV: DATE T. (650)638oroug MA(61752 638-1029 PERMISSION OF SOLARCITY INC. [Multiple Inverters SITE PLAN PV 2 1/17/2017 (888)-SOL-Cm(765-2489) ww.slarcityc«n (E) COLLAR TIE (E) KNEE WALL S1 S1 01 I 4" 10'-6" (E) LBW 4" 14'-2" OF SIDE VIEW OF MP2 NTS SN s� (E) LBW C " "G '''G ` SIDE VIEW OF MP1B NTS LMU MP2 X-SPACING X-CANTILEVER Y-SPACING Y-CANTILEVER NOTES 0 N0.5 791 CI12 � B LANDSCAPE 72" 24" 38" 0" STAGGERED MP1B X-SPACING X-CANTILEVER Y-SPACING Y-CANTILEVER NOTES " " " .1 �F (�,�� LANDSCAPE 64" 24" 38" 0" STAGGERED PORTRAIT 48 19 64 0 GISTER I �• PORT'RA1T 48" 19" 64" 0" I RAFTER 2x6 @ 24" OC ROOF AZI 155 PITCH 30 STORIES: 1 �:SAONg1 ROOF AZI -245 PITCH 32 ARRAY AZI 155 PITCH 30 RAFTER 2x6 @ 16"OC ARRAY AZI 245 PITCH 32 STORIES: 1 C.J. 2x6 @24" OC Comp Shingle C.J. 2x6 @16"OC Comp Shingle X AND Y ARE ALWAYS RELATIVE TO THE STRUCTURE FRAMING THAT SUPPORTS THE PV. X AND Y ARE ALWAYS RELATIVE TO THE STRUCTURE FRAMING THAT SUPPORTS THE PV. X IS ACROSS RAFTERS AND Y IS ALONG RAFTERS. X IS ACROSS RAFTERS AND Y IS ALONG RAFTERS. PV MODULE 5/16"x1.5" BOLT WITH 5/16" FLAT WASHER INSTALLATION ORDER ZEP LEVELING FOOT LOCATE RAFTER, MARK HOLE ZEP ARRAY SKIRT (1) LOCATION, AND DRILL PILOT HOLE. S1 --------- --- -------- ZEP MOUNTING BLOCK (4) ATTACH FLASHING INSERT TO ZEP FLASHING INSERT C2) MOUNTING BLOCK AND ATTACH (3) TO RAFTER USING LAG SCREW. 4" (E) COMP. SHINGLE (1) INJECT SEALANT INTO FLASHING (E) LBW (E) ROOF DECKING (2) (3) INSERT PORT, WHICH SPREADS SEALANT EVENLY OVER THE �� SIDE VIEW OF MP1A NTs 5/16" DIA STAINLESS ROOF PENETRATION. A STEEL LAG SCREW LOWEST MODULE SUBSEQUENT MODULES MP1A X-SPACING X-CANTILEVER Y-SPACING Y-CANTILEVER NOTES 2-1 2 EMBED, MIN INSTALL LEVELING•FOOT ON TOP LANDSCAPE 64" 24" 38" o" STAGGERED ( / " ) - (4) OF MOUNTING BLOCK & PORTRAIT 48" 19" 64" 0" SECURELY FASTEN WITH BOLT. RAFTER 2x6 @ 16"OC ROOF AZI 245 PITCH 32 STORIES: 1 (E) RAFTER STANDOFF C.I. PITCH 32 2x6 @16"OC ARRAY AZI z4sComp Shingle S1 X AND Y ARE ALWAYS RELATIVE TO THE STRUCTURE FRAMING THAT SUPPORTS THE PV. X IS ACROSS RAFTERS AND Y IS ALONG RAFTERS. v �s CONFIDENTIAL- THE INFORMATION HEREIN JOB NUMBER PREMISE OWNER: DESCRIPTION: DESIGN: \` . CONTAINED SHALL NOT BE USED FOR THE JB-0263547 00 Cliff Williams �- ! GINNY SULLIVAN Ginny Sullivan RESIDENCE ��SolarC�ty BENEFIT OF ANYONE EXCEPT SOLARgTY INC., MWNTMG SYSTEM: �� NOR SHALL IT BE DISCLOSED IN WHOLE OR IN ZS Comp V4 wFlashing—Insert 40 CHURCH ST 13.52 KW PV ARRAY PART IZ OTHERS OUTSIDE THE RECIPIENTS MODULES: BARNSTABLE, MA 02668 ORGANIZATION, EXCEPT IN CONNECTION WITH THE SALE AND USE OF THE RESPECTIVE (52) KYOCERA # KU260-6ZPB 24 Sl. Martin 0� Building Z Unit 11 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN PAGE NAME: ��V REV. DATE T: (650)Mafarl 1028 o1752 638-1029 PERMISSION OF SOLARCITY INC. INVERTER. 3 1 1] 201]Multi le Inverters STRUCTURAL VIEWS / / (888)-SOL-qn(765-2489) w".salaraitYcom UPLIFT CALCULATIONS SEE SEPARATE PACKET FOR STRUCTURAL CALCULATIONS. d}, .:a a i -4f J B-0263547 0 0 OWNER: DESCRIPTION: DESIGN: THE INFORMATION HEREIN JOB NUMBER: solarCity. CONTAINED SHALL NOT BE USED FOR THE GINNY SULLIVAN Ginny Sullivan RESIDENCE Cliff Williams ,BENEFIT OF ANYONE EXCEPT SOLARCITY INC., MOUNTING SYSTEM: .NOR SHALL IT BE DISCLOSED IN WHOLE OR IN ZS Comp V4 w Flashing=Insert 40 CHURCH ST 13.52 KW PV ARRAY 'PART TO OTHERS OUTSIDE THE RECIPIENT'S Motes B A R N S TA B L E MA 02668 THE SALE AND USE OF INCEPT CONNECTION RES RESPECTIVE 52 KYOCERA KU260-6ZPB ' za sL Martin Drive, MABuil 01752 g 2 Unit 11 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN E PAGE NAME SHEET: REV. DATE: Marlborough,MA 50) 638-1029 PERMISSION OF SOLARCITY INC. Mum' PV 4 17 2017 ow-sOL)CITY(765-2489)�wwwsolarcitycom Multiple Inverters UPLIFT CALCULATIONS / / it to i r Church ., . 7BER —0263547 00PREMISE OWNER: DESCRIPTION: DESIGN: CONFIDENTIAL — THE INFORMATION HEREIN J0B NU GINNY SULLIVAN Ginny Sullivan RESIDENCE 1CONTAINED SHALL NOT BE USED FOR THE Cliff Williams r1;SOI1�rIT\BENEFIT OF ANYONE EXCEPT SOLARCITY INC., MOUNTIN 4O CHURCH ST 13.5 2 K W P V ARRAY /•,; a ` `YSHALL IT BE OTHERS DISCLOEEDI ROLENOR IN ZS w Flashing—Insert MODULES: BARNSTABLE, MA 02668 24 St. Martin Drive, Building 2, Unit 11 ORGANIZATION, EXCEPT IN CONNECTION WITH KYOCERA KU260-6ZPB SHEET: REV DATE: Marlborough, MA 01752 THE SALE AND USE OF THE RESPECTIVE (52) PAGF NAMF T: (650)638-1028 F: (650) 638-1029 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN INVERTER: 1/17/2017 (888)—SOL—CITY(765 2489) www.sdarciiy.com PERMISSION OF SOLARCITY INC. Multiple Inverters 1 ti. r� 1� 1t CONFIDENTIAL THE INFORMATION HEREIN JOB NUMBER: PREMISE OWNER: DESCRIPTION: DESIGN: CONTAINED SHALL NOT BE USED FOR THE JB-0263547 00 \ � - GINNY SULLIVAN Ginn Sullivan RESIDENCE Cliff Williams SolarCity. BENEFIT OF ANYONE EXCEPT SD FOR TT INC., MOUNTING SYSTEM: Y �,� NOR SHALL IT BE DISCLOSED IN WHOLE OR IN ZS Comp V4 w Flashing—Insert 40 CHURCH ST 13.52 KW PV ARRAY o PART OTHERS OUTSIDE THE RECIPIENT'S BARNSTABLE, MA 02668 ORGANIZATION, EXCEPT IN CONNECTION WITH MODULES' THE SALE AND USE OF THE RESPECTIVE (52) KYOCERA # KU260-6ZPB 24 St. Martin Drive, Building 2, Unit 11 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN INVERTER: PAGF NAMF SHEET: REV: DATE: Marlborough, MA 01752 PERMISSION OF SMENT, WI INC. T: (650) 638-105— F: (65 w 638-1029 Multiple Inverters PV 4 1/17/2017 (888)-SOL-CITY(765 2489) www.solorcity.com I GROUND SPECS MAIN PANEL SPECS GENERAL NOTES INVERTER SPECS MODULE SPECS LICENSE BOND (N) #8 GEC TO TWO (N) GROUND Panel Number:NoMatch Inv 1: DC Ungrounded INV 1 -(1)Delta/Solivia 5.2 TL LABEL: A -(52)KYOCERA # KU260-6ZPB GEN #168572 RODS AT PANEL WITH IRREVERSIBLE CRIMP Meter Number:44000736 Inv 2: DC Ungrounded inverter, 520OW, 240V. 97.5%Inverter, 520OW, 240V/208V, 97.5X PLC, Zigbee, RGM PV Module;260W,229.7W PTC,40MM,Blk Frome,Blk BckSheet,H4,ZEP,1000V,B autyStripELEC 1136 MR Overhead Service Entrance Tie-In: Supply Side Connection INV 2-(1)Delta 0 Solivio 6.6 TL LABEL: B Inverter;660OW, 24OV, 97.5X, Zigbee, PLC, RGM Voc: 38.3 Vpmax: 31 INV 3 Isc AND Imp ARE SHOWN IN THE DC STRINGS IDENTIFIER �E 150A MAIN SERVICE PANEL MULTI-CONTACT Delta E; 10OA/2P MAIN CIRCUIT BREAKER Branch Socket CUTLER-HAMMER BRYANT Inverter 1 IND (E) WIRING Disconnect (N) 125A Load Center 6 1 100A/2P 13 1 l0 Delta DC+ D 70a E Solivia 5.2 TL DC- MP2: 1x12 30A/2P ——————------------ ----------- — EGC-----------------4 • A T �� zaav r————— B '/'I�` LZ DC+ I N DC- 1 5 2 1 (E) LOADS GND _EGCI ___ DC+ DC+ —1 c r ------------------------- GEC IN DC- c MP1: 1x12 GND __ EGC_ GC /-- 1 ` •J ----------- ----------- ------------ c-----------------�j N (1)Conduit Kit; 3/4' EMT Delta I - I Branch Socket I EGCIGEC_, Inverter 2 IND A 9 3 , ❑C ' 1 I 11 Delta DC+ / Solivia 6.6 TL DC- MP1: 1x10 ' 35A2P ----------- ----------- - EGc-----------------j 1 290V ——___————— GEC 1 �1 r 1 —r—♦ I L2 DC+ I I TO 120/240V I I I N DC- I g SINGLE PHASE d' EGCI Dc+ MP1: 2x9UTILITY SERVICE ---CNDG EGC_ ----------- ----------- -------opt� i )Conduit Kit; 3/4" EMT PHOTO VOLTAIC SYSTEM EQUIPPED WITH RAPID SHUTDOWN 1. i. 1: r t Voc* = MAX VOC AT MIN TEMP �+ POI (2)Gro qd R8p D (1)CUTLER—HAMMER DG223NRB B (2)Delto p Solivia A (2)MULTI—CONTACT PV—AZB4 Sr8 x B, per Disconnect; 100A, 24OVac, Fusible, NEMA 3R AC Smart RSS Rapid Shutdown, 60OV, 20A, NEMA 4X, MC4 Branch Socket;-MC4 U—Joint Connector, Female Female Male DC —(2)ILSCO!IPC 4�0-2/0 —(1)CUTLER— AMMER DG100NB —(2)MULTI—CONTACT/PV—AZS4 Insulation Piercing Connector; Main 4/0-2, Tap 2/0-6 Ground�Neutral it; 60-100A. General Duty(DG) i C (3)Delto g Solivia Branch Plug; MC4 U—Joint Connector, Male Male Female —(1)CUTLER—HAMMER ODS16FK Smart RSS Rapid Shutdown, 60OV, 20A, NEMA 4X, MC4 S SUPPLY SIDE CONNECTION. DISCONNECTING MEANS SHALL BE SUITABLE Class R Fuse Kit nd (1)AWG y6, Solid Bare Copper AS SERVICE EQUIPMENT AND SHALL BE RATED PER NEC. —(2)FERRAZ SHAWMUT#TR70R PV BACKFEED OCP _(1) Fuse; 70A. 25OV, Class RK5 E (1)BRYANT g BR48L125RP (N) ARRAY GROUND PER 690.47(D). NOTE: PER EXCEPTION NO. 2, ADDITIONAL Load Center, 125A, 120/24OV, NEMA 3R ELECTRODE MAY NOT BE REQUIRED DEPENDING ON LOCATION OF (E) ELECTRODE —(1)CUTLER—HAMMER j BR230 Breaker, 30A/2P. 2 Spaces ©�(1)AWG 16, THWN-2,Black �10 IB96al0Q, �IBpbces 2 AWG 110, PV Wire, 60OV, Black Voc* =527.44VDC Isc =9.09 ADC (2)AWG 810, PV Wire, 60OV, Black Voc* =527.44VDC Isc =9.09 ADC (1)AWG /6, THWN-2,Red ®IsF (1)AWG#10, THWN-2, Red O 0)AWG 0, Solid Bare Copper EGC Vmp =372 VDC Imp=8.39 ADC O `�' (1)AWG#6, Solid Bare Copper EGC Vmp =372 VDC Imp=8.39 ADC (1)AWG /6, THWN-2, White NEUTRAL Vmp =240 VAC Imp=49.1 AAC LULL(1)AWG g10, THWN-2, White NEUTRAL Vmp =240 VAC Imp=21.6 AAC j (1)Conduit Kit; 3/4' EMT. . . . ._ . LPL(1 Conduit Kit; 3/4*.EMT ., ,, , , ,/, , .(, , , , , , , ,, , ,/ , , , , , , , , , , , , — ). . . . . .. . . . . . . . . .. . ./GEC-(1)Conduit.Kit;.3/4',EMT, (2 AWG 10, PV Wire,600V, Black Voc* =527.44VDC Isc =9.09 ADC (2 AWG 0, PV Wire, 60OV, Black Voc* =527.44VDC Isc =9.09 ADC . . . , , ..-(1 AN , THWN-2, Green EGC.GEC- 1)Conduit Kit; 3 4 EMT (1 AWG THWN-2, Green EGC i B1 (1)AWG li THWN-2, Black �(1)AWG#8, THWN-2. Black r© (1)AWG 16, Solid Bare Copper EGC Vmp =372 VDC Imp=8.39 ADC O (1)AWG J6, Solid Bare Copper EGC Vmp =372 VDC Imp=8.39 ADC ©�(I)AWG THWN—Z, RED ©L`L(1)AWG a8, THWN-2. Red 1 Conduit Kit; 3 4' EMT 1 Conduit Kit; 3 4' EMT LPL �.( . . . . . . ./. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . .N. ( �. . . . . . . . . .. . 1 A% raRANN 12, White NEUTRAL Vm 240 VAC Im 49.1 AAC( ) - p = p= (1)AWG�10, THWN-2, White NEUTRAL Vmp =240 VAC Imp=27.5 AAC (4 AWG 110, PV Wire, 600V, Black Voc =395.SBVDC Isc =18.18 ADC (2 AWG#10. PV Wire, 60OV, Block Voc =439.53VDC Isc =9.09 ADC . . . ,-(1)AWG 16,,Solid Bare.hopper. GEC, , , (1)CCNDUIT KIT -(1)AWG 88,.TFINM-2,.Green , . EGC/GEC, (1)Conduit,Kit;.3/4'.EMT, . . , , , . . , , O 4 (1)AWG 16, Solid Bare Copper EGC Vmp =279 VDC Imp=16.78 ADC O (1)AWG J6, Solid Bore Copper EGC Vmp =310 VDC Imp=8.39 ADC T ik'10'EMT Cbrid'uft' ' ' ' ' ' ' ' ' ' (1 Conduit Kit; 3 4' EMT (1 Conduit Kit; 3 4' EMT / . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) . . . . . . . ./. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . (2 AWG i 6. PV Wire, 60OV, Block Voc* =395.58 VDC Isc =18.18 ADC (4)AWG #10, PV Wire, 60OV, Black Voc* =395.58 VDC Isc =9.09 ADC ® (1)AWG f6, Solid Bare Copper EGC Vmp =279 VDC Imp=16.78 ADC ®ff(1)AWG #6, Solid Bare Copper EGC Vmp =279 VDC Imp=8.39 ADC (I)Conduit Kit- 3/4' FUT (I)Conduit Kit, 3/4' FUT CONFIDENTIAL— THE INFORMATION HEREIN JOB NUMBER J B-0263547 00 PREMISE OWNER: DESCRIPTION: DESIGN:CONTAINED SHALL NOT BE USED FOR THE GINNY SULLIVAN Ginny Sullivan RESIDENCE Cliff Williams ;;solarCity.BENEFIT OF ANYONE EXCEPT SOLARCITY INC., MOUNTING SYSIEY: o j NOR SHALL IT BE DISCLOSED IN WHOLE OR IN ZS Comp V4 w Flashing—Insert 40 CHURCH ST 13.52 KW PV ARRAY PART TO OTHERS OUTSIDE THE RECIPIENTS MODULES BARNSTABLE, MA 02668 ORGANIZATION, EXCEPT IN CONNECTION WITH THE SALE AND USE OF THE RESPECTIVE (52) KYOCERA # KU260-6ZPB 24 St Martin Drive,Building 2,Unit 11 SOLARCITY EQUIPMENT, WITHOUT THE WRIT11Tl 01752 INVERTER: PAGE NAVE SHEET: REV DAIS T. (650)6WI028 A F: (650)638-1029 PERMISSION OF SOLARCITY INC Multiple Inverters THREE LINE DIAGRAM PV 5 1/17/2017 (888)-SOL—CITY(765-2489) www.solarcitycom WARNING:PHOTOVOLTAIC POWER SOURCE Label • •n: Label Location: .• • • WARNING WARNING 'Per Code: Per Code: _ NEC r Code: • ELECTRIC SHOCK HAZARDNEC ELECTRIC SHOCK HAZARD DO�NOTT__OUCH TERMINALS 690.17.E NEC 690.35(F)DC CONDUCTORS OF THIS Label • o TERMINALS ON BOTH TO BE USED WHEN LOAD SIDES MAY BE ENERGIZED UNGROUNDED ANDINVERTERIS PHOTOVOLTAIC DC � IN TH'E OPEN POSITION MAY BE ENERGIZED UNGROUNDED DISCONNECTCode: NEC .•0 • Location: PHOTOVOLTAIC SYST,EIbI MAXIMUNt POWER A EQUIP;ED VVITH RAPID •• POINT CURRENT(Imp) Per • _ SHUTDOWN .• MAXIMURI POVI�ER-_vNEC •. 0.53 POINT VOLTAGE(Vmp) MAXIMUM SYSTER1_V VOLTAGE(Voc) SHORT-CIRCUIT_A CURRENT(IsC) Label Lo o Per WARNING ..- NEC INVERTER OUTPUT CONNECTION 690.64.13.7 Label • . •Per DO NOT RELOCATE WARNING THIS OVERCURRENT DEVICE Code: NEC ELECTRIC SHOCK HAZARD IF A GROUND FAULT IS INDICATED '• NORMALLY GROUNDED CONDUCTORS N1AY BE UNGROUNDED AND ENERGIZEDLabel L• - • CAUTION '• Per ..- PHOTOVOLTAIC SYSTEM CIRCUIT IS BACKFEDNEC 690.64.13.4 Label • • WARNING- ' Per o•- ELECTRICAL SHOCK HAZARD DO NOT TOUCH TERP�IINALSNEC •• Label • • TERMINALS ON BOTH LINE AND (POI) LOAD SIDES MAY BE ENERGIZED. CAUTION IN THE OPEN POSITION DUAL POWER SOURCEPer Code: DC VOLTAGE IS SECOND SOURCE IS NEC 690.64.13.4 ALWAYS PRESENT WHEN PHOTOVOLTAIC SYSTEM SOLAR N10DULES ARE EXPOSED TO SUNLIGHT Label • • PHOTOVOLTAIC POINT OF Label • • INTERCONNECTION PHOTOVOLTAIC AC WARNING: ELECTRIC SHOCK -NEC 690.17.4; NEC ••r Code: 0-54 Disconnect HAZARD. DO NOT TOUCH DISCONNECTCode: TERMINALS.TERMINALS ON (C): Conduit NEC 690.14.C.2 BOTH THE LINE AND LOAD SIDE Combiner '• MAY BE ENERGIZED IN THE OPEN (D): Distribution (DC): DC Disconnect POSITION. FOR SERVICE DE-ENERGIZE BOTH SOURCE _ AND MAIN BREAKER. • • ' Label Location: Disconnect fviAXIMUNI AC ' MAXIMUM AC Center OPERATING CURRENT A Per Code: OPERATING CURRENT ALoad MAXIMUM AC MAXIMUM AC OPERATING VOLTAGE V (M): Utility Meter 690.54 OPERATING\/OLTAGE V • of • • :a • q • • • • San Mateo,CA 94402 • • I • �' ,� T ' ` Model RSS-600 4-2 Connection Diagram: 1•'�1 - t eVPA� DELTA RAPID SHUTDOWN BOX �t • _ �� ,, .,, __� .d �-•+l ? - yQt1 �Q- I ON ROOF WITHIN 10'OF PV I t, I 1 I C i..).S I 1 1 a RSS _ I LI t----------------------- AC Dow• AC .-. GRID DC w- One conduit BREAKER AC for all wiring ' 5r61GNAL \! Technical Specifications Input Ratings •" •" ' -- —ourrur 600V DC_ _ �C., r _-600V DC /� •wrr _ RAPID SHUTDOWNN ®i►ay T ( --.. y 20A 10A v N/A Output Ratings • .' 10AWG �' 12-6AWG • N/A �+ + _ 3/4"(two holes) PLC Signal - -,� 5V Signal Wire N/A -_ 600V -- Y N/A �lT- =24-14AWG General Data Rapid Shutdown Device • 7.87x5.91x2.09(200x150x53) 12.44x10.04x2.16(316x255x55)� - _ 2.861bs(1.3kg)_ r T�---®_ � 6.6lbs_(3.Okg) for Delta 3 0 N 7 6 T L Inverters 1 MC-4 PV Connector or Amphenol H4 PV Connect r[L�MCA PV Connector orAmphenol H4 PV Connector • • •,. i MC-4 PV Connector or Amphenol H4 PV Connector l�i Screw Terminal Blocks •. -40-158•F(40-70°C) L -40-158•F(-40-70°C) A -_ Delta's Rapid Shutdown Devices provide an automatic disconnect of 60OVDC E 40- 5'F �o-85 ) i^C 40-185`F(jo-85 ) •C _ ... 18 ( residential or small commericial PV array system,fully compliant with the Rapid -_r o-100% Shutdown requirements of NEC 2014 article 690.12. It is compatible with Delta's •.- . i� �,2000m above sea level 2000m above sea level I single-phase residential inverters. 10 rears 10 nears Standard Compliance KEY FEATURES -- NEMA4X- -s -f �� NEMA4X •NEMA 4X Protection .-.LIL 1741,CSA 22.22 107-1 --�� UL 17a1,CSA 22.2 107-1 •Compact and Lightweight NEC 2014 Article 690.12 NEC 2014 Article 690.12 •Rack Mount Installation �,x.n apep%cainna au°feu;o chu+ge w:!4ou7 n,:t:ce Delta Products Corporation,Inc. •Fast Connect with PV Connectors 46101 Fremont Blvd. •Compliant with NEC 2014 article 690.12 Fremont,CA 94538 Sales Email: Inverter.Sales@delta-corp.com •PLC Communication(Model RSS-600 1-1 only) Support Email: Inverter.Support@delta-corp.com Sales Hotline: +1-877-440-5851 or +1-626-369-8021 • �® Support Hotline: +1-877-442-4832 Support(Intl.): +1-626-369-8019 p Monday to Friday from lam to Spm PST(apart from Holidays) %[ELCU63q Ci UJ www.delta-americas.com www.delta-americas.corn/solarinverters Rev.112070-All minrmadnn antl apecificAd°na area subject to change without notice t Delta Solar Inverters Datasheet for SolarCity n _ , INPUT(DC) S vd1 600V,- t - i uN Power MPPT planes -- --- -- 200-500 V 1 _ - + max.usabis Current 18.0 A _'� -20 0 A ��i _ V 20.0 A Per MPP tracker So�artrty _C Current S F _ 25.0 A per MPP backer =T 0 Z IMax,Allowable Imbalance Power _ C-- 4200 W -�� 5000 W 60� 50 WIDC J 04 r Dtsmr t - - - Internal SolarClty PP Tracker 1 I Fotal Input Strings AvaMM1 2" --•� -� �T4 - I Horninal Power t 3000 W_ � 3800 W _ _ _5200 W �r _6600 W_ _ 7600 W ax Continuous Power 3000 W Q 208 V/ 3300 W @ 208 V/ 5200 W®208 V/'" 6600 W Q 208 V 17I 6600 W @ 208 V I 30DO W®240 V _, _3800 W @ 240 V_ .L -5200 W @ 240 V- _6600 W Q 240 V_ j L_7600 W Q 240 V_ - � Is3=2z6vQ208v/z1l=zsdv@zaov_T- ') 14.4A 208 V/`l 15.8A@ 208V/" 24.0A @ 206V/� 31.7 AQ 208 VI 1 3+.7A 208V/ _ ) wninal Current L_ 12.5AQ240V_115.8A@240V_'L 21.6A®240 V_- 27.5 AQ 240V l� 31.7 A@240 V�_ Nominal FrogullEo, �TTT _ "--60 Hz - CElgWivy59.3 r 60.5 Hz - 1 ion r <11.5w l _. iIrotaf Harmonic Distortion -��3% ower T F m'for No I Power 0.99' 0.85i=0.85c�-�- .) dic Noise 50 db(A)@�� -- - GENERAL SPECIFICATION _ ax ETn2W E - =.�T +975%Q 208V/975%6_240V --�� Ocenating Ternperature Ra 13 158°F(25-70 C))Aerating above 122 F(50'C)_ - rtomge'rerngerahjns Re 0-100% ax O Altitude � -� �- _. 2000m abovesea level MECHANICAL DESIGN -aa s W D , 19.Sx+SBx85rri(495x401 x218 mm) z 268 15Bx8.5 in(680x401x216 Rim) -----�.r A � - e 43.0 Ibs(19 5 kg) .• _ �t 65.0 Ibs(29 5 kg) od' Natural Comeclion_ 177= C GOMBGtara -_- _ Spmg terminals in connec0on bo% om a' W G C `AWG 12-AWG BCopper(Act'ordirg -, C Cornett. 2 palm of sprang terminals in connectan hox inets in wnnection box am b'61e W Gu n DC AWG 12-AW opper G 6 C (According to'NEC,690;8) off-unication Interface __ - Lg9ee ��••FBOJOY, a 3 LEDs,4-LmeEnplos LCD ue a- _ _ w Dlest Aluminum Solar Inverters STANDARDS/DIRECTIVES Endogure Protection Ra NEMA 4X,IEC 60068.2-1+Sall mkt' saw Transformerless (TQ: 3.0 kW, 3.8 kW, 5.2 kW, 6.6 kW, 7.6 kW uL„4,second EAmo�698- .2 No 1071�1- W al UL 198�� round-Fault Protection I ^-- - NEC 690.35,UL 1741 CRD knti-Wandina Protection ��•-" rIEEE 1547,IEEE 1547.1 •Wide Operating Voltage Range:85-550V IEMC _ Fccvarisclasse _ KFCI (- T_ UI 1699B(T)i 1).NEC 690.11 Wide Operating Temperature Range:-13-158a17(-25-70eC) V Re MShutdown -_ UL 1741 CRD PVRSS,NEC 690.12(with SMART RSS) High CEC Efficiency:97.5% led Meter _ _ ANSI c+211(meet 2%Aemmey) pggulation ofG Su --_ T-California Rule 2+;HEC_O_Compl'mnt,IEEE1547 -� Integrated AFCI(Arc Fault Circuit Interruption) WARRANTY NEMA 4X plus Salt Mist Corrosion Protection Natural Convection Cooling Dalta Products Ccrporattan,Inc. 46101 Fremont Blvd, Dual MPPT(5.2kW/6.6kW/7.6kW) FrarromL CA 945M Sates Email:inverter.sales®deltaww.com Compact and Lightweight Support Email:irwerter.support@deltaww.cem P Sales Hotline:.1an440-5851 or*1a26.369-Mil Support Hod'me:+1-8774424= Q LIL 1741 /IEEE 1547/IEEE 1547.1 /CEC ��a Support(ImL)"1-626-ass-e01s ANELTA Monday to Friday from 7 am to 5 pm PST(apart from Holidays) Listed/UL 1699B(Type 1)1 NEC 690.11 c Us 1 1QSOIafCity - ®p$olar Next-Level PV Mounting Technology s$OlafClty ®pSolar Next-Level PV Mounting Technology • ZS COMP for composition shingle roofs C' i Mounting Block Array Skirt Interlock Part No.850-1633 Part No.850-1608 or 500-0113 Part No.850-1388 or 850-1613 Listed to UL 2703 Listed to UL 2703 Listed to UL 2703 \\ Flashing Insert Grip Ground Zep V2 Part No.850.1628 Part No.850-1606 or 850-1421 Part No.850-1511 Listed to UL 2703 Listed to UL 2703 Listed to UL 467 and UL 2703 Q,0104to "� Description PV mounting solution for composition shingle roofs ~FA m �041 Works with all Zep Compatible Modules GOWN Auto bonding UL-listed hardware creates structural and electrical bond • ZS Comp has a UL 1703 Class"A"Fire Rating when installed using modules from any manufacturer certified as"Type 1"or"Type 2" Captured Washer Lag End Cap DC Wire Clip V� LISTED Part No.850-1631-001 Part No. Part No.850-1509 Specifications 850-1631-002 (L)850-1586 or 850-1460 Listed to UL 1565 850-1631-003 (R)850-1588 or 850-1467 • Designed for pitched roofs 850-1631-004 • Installs in portrait and landscape orientations • ZS Comp supports module wind uplift and snow load pressures to 50 psf per UL 2703 • Wind tunnel report to ASCE 7-05 and 7-10 standards • ZS Comp grounding products are UL listed to UL 2703 and UL 467 • ZS Comp bonding products are UL listed to UL 2703 • Engineered for spans up to 72"and cantilevers up to 24" • Zep wire management products listed to UL 1565 for wire positioning devices Leveling Foot Part No.850-1397 zepsolar.com zepsolar.com Listed to UL 2703 This document does not create any express warranty by Zep Solar or about its products or services.Zep Solar's sole warranty is contained in the written product warranty for This document does not create any express warranty by Zep Solar or about its products or services.Zep Solar's sole warranty is contained in the written product warranty for each product.The end-user documentation shipped with Zep Solar's products constitutes the sole specifications referred to in the product warranty.The customer is solely each product.The end-user documentation shipped with Zep Solar's products constitutes the sole specifications referred to in the product warranty.The customer is solely responsible for verifying the suitability of ZepSolar's products for each use.Specifications are subject to change without notice.Patents and Apps:zspats.com. responsible for verifying the suitability of ZepSolar's products for each use.Specifications are subject to change without notice.Patents and Apps:zspats.com. • Document#800-1839-001 Rev D Date last exported:April 29,2016 11:22 AM Document#800-1839-001 Rev D Date last exported:April29,2016 11:22 AM - 1 i I ' KU-60 1 OOOV Series ELECTRICAL SPECIFICATIONS MODULE CHARACTERISTICS ` Standard _ ConditionsCells per module: 60(6 x 1 O) IKY 0 C E R a K U-6 0 10 O O V Z Series 1000 s.Dimension 64.57in 1.5 •1 length/wid[h/height _ (1640mm/99/992mm/40mm) KU255-6ZPB KU260-6ZP6 weight 43.OIbs(19.5kg) kIP__._ 255 __ 260 W 1 CUTTING EDGE TECHNOLOGY V_ 30.8 31.0 V PACKAGING SPECIFICATIONS As a pioneer with four decades of experience in the �R 'T8.28 - 8.39` _ a development of photovoltaic systems. Kyocera drives the _. J Modules per pallet: za market as a leading provider of PV products.We V« 38.0 38.3 V Pallets per 53'container. 36 demonstrate our Kaizen philosophy,or commitment to Pallet box dimensions: 67in/41in/50in continuous improvement,by setting the industry standard 1 _ 8_83--_w 9.09 A length/wid[h/heigh[ (1690mm/1040mm/1265mm) in the innovation of best-in-class solar energy equipment. P-Ke +5/-0 +5/-0 % Pallet box weight: 1 155lbs(525kg) Nominal •.- • QUALITY BUILT IN ' ' � 1r�'; •UV-stabilized,anodized aluminum frame in black BLACK BACK SHEET PHOTO PENDING T l�_ �45 45 °c ' +I I` 2 •Supported by major mounting structure manufacturers Pr,,,,, 183 187 W oT6s1 -Easily accessible grounding points on all four corners vm° �^ 27.7 27.9 �� V - = ?� for fast installation CAME W/ I,ro 6.61 6.71 A CONNECTOR ; (+) LARL •Proven junction box technology with 12 AWG PV wire -� ,_�____ - • _ works with transformerless inverters !V__ 3448 35.1� --__iV , -Amphenol H4-UTX locking plug-in connectors 1� 7.15 7.36 A provide safe,quick connections - - -- - -_ - PTC 225.2 229.7 W PROVEN RELIABILITY TernperatuieCoefficients -Kyocera modules confirmed by the Desert Knowledge 1,06-127-1 Australia Solar Centre to have the highest average P`-_ ;0.45 -0.45 %/°C output of any crystalline module vm° o.aa o.aa %/°c •First module manufacturer in the world to pass long- term sequential testing performed by TOV Rheinland 1 0.02 0.02 %/°c 39.06-(992m10 •Only module manufacturer to achieve the rank of Va -0.36 -0.36 %/-C "Performance Leader" in all six categories of GTM 1 0.06 0.06 %/VC \ O Research's 2014 PV Module Reliability Scorecard - - --- Operating Temp -40 to+90 -40 to+90 °C 6r°wWlnr N°I° sl°ttel 1lwnurn W. 0.16-(aW 0.35-.0.47-(fl-IAN CERTIFICATIONS System Design •UL1 703 certified and registered. � FRAME CROSS SECTION DIAGRAM UL Module Fire Performance:Type 2,CEC Series Fuse Rating _ - 15A 1 4 •Under IEC 61 215/ 61730 testing Maximum DC System Voltage(UIL) 1000 V •NEC2008 Compliant.IEC 61 21 d 5 61730.an ISO 14001 P / Hailstone Impact ' in(25mm)@ 51 mp(23m/s) d t,ONIPATje -Subject to simulator measurement uncertainty of+i-3%. O c KYOCERA reserves the right to modify these specifications without notice. LONG/S"T 510E bsl Q H _ / W C UL US L WARNING:Read the inst,Iti- OMPP 0 nal in iLc entirety p,ior to 'O t� ! rane6ry.instaning rm aope - in9 Kyoce,a Solar modules. 111715 OUR VALUED PARTNER HIGH EFFICIENCY MULTICIRYSTAL PHOTOVOLTAIC MODULE SOLARbyKYOCERA KYOCERA Solar, Inc. 800-223-9580 800-523-2329 fox www.kyocerzisolzir.com The Commonwealth of Massachusetts Department of Industrial Accidents Of,)`ice of Investigations I Congress Street,Suite 100 Boston,MA 02114-2017 www mass.gov/dia Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print.Legibly Name(Business/Organization/Individual): SOIarCity Corp. Address:3055 Clearview Way City/State/Zip:San Mateo CA 94402 Phone#:888-765-2489 Are you an employer?Check the appropriate box: Type of project(required): I.X I am a employer with 13,000 4. ❑ 1 am a general contractor and I t employees(full and/or part-time). s have hired the sub-contractors 6. ❑New construction 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g, ❑ Demolition working for me'in any capacity. employees and have workers' com insurance.x 9. ❑ Building addition [No workers' comp.insurance P• required.] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their i l.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152,§1(4),and we have no solar panels employees. [No workers' 13.N Other P comp. insurance required.] *Any applicant that checks box#I must also fill out the section below showing their workers'compensalion policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. -Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contra tors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:American Zurich Insurance Company Policy#or Self-ins. Lic.#:WC0182015-01 Expiration Date:9/1/2017 Job Site Address: 40 Church St City/State/Zip: Barnstable MA 02668 Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a d y against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of thffDIVo insurance coverage verification. I do hereby hi er, h pa' sand penalties of perjury that the information provided above is true and correct. Signature: / Date: 3/21/2017 Phone#: 508-640-5389 Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Aco v'� CERTIFICATE OF LIABILITY INSURANCE o>u19,zot` sW"Y" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSWNG INSIIRER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Mau of such endorsements co F��A MARSH RISK&INSURANCESERVI(ES NAIL;_._.....-- ---- ----_. _...._.._._.._........._ PHONE 345 CAUFORNIA STREET,SURE 1300 - FAt -' CALIFORNIA LICENSE NO.0437153 SAN FRANCISCO,CA 94104 —.. ...._ ...._.. ....._.. .......----..___—- A(M:Shannon Scott415-743.8334 NAIC a 998301-STND•GAWUE-16-17 INsuReR a:Zurich American Inswaltw Company 16535 INSURED .INSURER B;NIA NIA q —' — 3055 Cleandew Way NIA ._.__. .—._._.......... .. . _. ._..NIA.__..... ......_. San Mtileo,CA"a INSURER D,Amerkan Zurich Insure CwWny 40142 I RERF• COVERAGES CERTIFICATE NUMBER: BEA-0030MM-03 REVISION NUMBER:6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CMS. 11VSft ._........_..._....._...._.. —_ CLAIMS._._.. _......_...._......._ .. —Okluttow POLICYt7w _._.._......._....... ...... ._.... ....... LTR TYPE OFINSURANCE NUMBER LIMITS . A X cownRCIAl6B?IERALuAnam `IGLOO1S2016.01 SWIMS I091D112017 EACH OCCURRENCE -- S 1,000.000 DAMAGE RPWFW I CLA "ADE [X..�OCCUR E SO It cqL, $ 1400000 X SIR$250,000 i 5,OII0 ... _.... . ..... ... ...... ..._.__. ..__..._• r bItDEI(PfMYoaoPerson 5..._...... .... ...... __.... PERSONAL&ADV INJURY $ 1.000,000 GEJT.AGGREGATE LIM[T APPLIES PER' GEPfERALAGG.REGATE_• 0 2.000,000 X POLICY ._J PRO- ,E ❑LOC ! PRODUCTS-COMPIOPAGG S 1,000,00/ t I OTHER: A I AUTOMOBILE LIABILITY ARIM17-01 0&01P2015 .09+0111017 5 1,000OD0 •(aV .....-•--—. X ANY AUTO BODY JWURY(Perpman) S ALL OWNED SCHEDULED —.................. .._. X AUTOS Lx � AUTOS EODLYINRJRY(Pore�dent) S X NONIOVMW HIRED AUTOS S UMBRELLA LIAB EACH OCCURRENCE S r._..__ —_.... ......._... OCCUR excMu 6 CI.AIpBs-MADE AGGREGATE S ED ONS S D waw m coMPeasATm COt6 1"t(AOS) ONVA16 001=7 X aER o AND EMPLOYERS'LJABI M D ANY PROPRtETORIPARTNERI£>(ECUTIVE YIN C018201W JMA) 09K1=16 09101=7 E.L.EACH ACCIDENT _ S 1,�0,000 A O.CBRME.,EREXCLUDED7 aINIA EIAIS0162019-01 {19A1P1016 0S/01fuI17 — (MamhtoryinNH) ICE E.L;DISEASE-EAEMPLOYE s 1tm0,004 u ryeSs 1 t 17 O ,Limits apply excess of S500K SIR-CA 1,000,OOo DES�inyTIONOF OPERATIONS below E L DISEASE POLICY LtFdrT S osscRIPTION OF OPERATtoas I LOCATIONS r VEHICLES(ACORD-rw,Additlewot Remarks schedute,ropy bo attached IB mao space Ifl ngwRa) CERTIFICATE HOLDER CANCELLATION SowalyComordoe SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3065 Clearview Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Mateo,CA 94402 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESEWTATNE of Atanh Risk&(nsuraaro Services Stepharde Gualurni 01958.2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD I r . o�.�►,�, Town of Barnstable *Permit#016)� Expires 6 nront ijr m Issr d Regulatory Services Fee annxsrAece, MAM Richard V.Scali,Interim Director AjF�Mai A Building Division X'PRESS PERM Tom Petry,CBO,Building Commissioner 200 Main Street,Hyannis,MA 02601 DEC 14 2015 www.town.bamstable.ma.us Office: sos-s6z-floss TOWN 15;p 0Fr ABBE EXPRE 88 PERAUT APPLICATION - RESIDENTIAL ONLY Map/parcel Number ro Not Yalld wllhouf Red X-Press Imprint "/ U �J Property Address . [Residential Value of Work$ n oo o cn Minlmttm fee of$35.00 for work under$6000,00 Owner's Name'&Address (d -4 V 4 1 l ��k ` V&-1 1 4-0 O - La�J*�� Contractor's Namez1r`Y Telephone Number —Igo — Home Improvement ` 72 1 Contractor License#(if a le) �� Email: �i I Construction Supervisor's License#(if applicable) 1 y ❑workman's ompensation Insurance ChWR one: EY t am a sole proprietor ❑ I am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must accompany each permit. Permit ReWlt(check box) [�Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximum.35)#of windows #of doors: ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property O sign r erty Owner Letter of Permission, 2qr o of the a Im ent Contractors License&Construction Supervisors License is iced SIGNATURE: Q:\\vPFILES\FO - building permitforms\EXPRES doc Revised 061313 r f t 27ur Camrrtonrvealtlt ofMassachusetts Degarftnent offiulrrsfticrl Accidents Office offnvestrgations 600 Washurgfort&reet Bostan,MA 02111 wmt.Yuassgov/dia Workers' CompensationlnsurancoAffiidavit:Builders/Conh-actvrsMectricianslPlumbers Applicant Information Please Print IA Rib Name 0;uamets/ozpmzati(on&dividna0: Address: City/Sta� : 0•��1�5 Mfl�2�o ti �monty Are you an employ eckthe appropriate boz: Type of project(required): 1.❑ I a employer with 4. ❑I am a general confractor and 1 6. New consfctretion Iyees(full andlorpart-time).* havehired.the sub-contractors 2. I am a sole proprietor orpartner- listed on the attached sheet 7. ❑Remodeling strip and have no employees These sub-contractors have 8. Demolition woAdng for me is any capacity. employees and have wo$cers' 9_ ❑Building addition [No worloess'comp.insurance comp.insurance., required] 5. We are a cotporationand its 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11-[]P tubing repairs or additions myself[No workers'confp, right of esmmpEioQperMGL 1 ofrepaius ' insurance'regnir�ed.]t c.152.§1(4),and we have no employees-[No workers' 13_❑Other comp.insurance required.] *Amy appUc mt that checksbox-#1 tanuta]so ffilow the sectimbelowshowing%&vadlmW compeusationpollcy lnfarmatiom. t Homeowners wba submit this affidavit in&cs++a they ue dolag all croak andthea hue outside connectors mast submit a new aiid=e mdtcatfog such tdontmctorsttWdmckthisboxmastattacheda =Milan]sheetshowingthenameof&esub-mnWjcbmandstsmvrhethwarnotthoseeniitkshwe aV inyees. Ifthe mb-cont mctom bsse uVloyte%fhey must provide their markets'comp.policy number. I am arc employer iliatisproiidug tyorkers'compensation insurance for rrty evuphoyees. BeZaty is this policy and job site infor madom Insurance CompanyName: Policy if or Self-ins.Uc.4- F_xpiratioII Date: Job Site Address: City/Statelzip: Attach a copy of the workers'compensation policy declaration page(showing the policy number Ind expfi-atiou date). Failure to secure coverage as iequiredunder Section 25A of MGL a 152 can lead to the imposition ofrriminal penalties of a fine up to$1.500.00 and/or one yearimprisonm=4 as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250-00 a day against the or, advised that a copy of this statement may be forwarded to the Office of Imtestigations of the DIA ce co a verification. .Edo h by certify I Zer eprrins a enalfies gfperjury thatthre informiE on pratddad e 1 Si qn,rrect ttttte: Date- 11 1 Phone 4: 1 O,fl al use only. Do not write in this area,lobe carrtpleted by city ar to]wt qfficiaL City or Town' PeradtUcense# IssuingAuthority(circle one): 1.Soard of Health 2.Building Departmeat&CiWrown Clerk 4.Electrical Inspector S.Plumbing Inspector 6.Gther Contact Person: Phone 9: 6 1 oF �r Town of Barnstable ti Regulatory Services qa"NL%S& Thomas F.Geiler,Director eo .A`� Building Division Tom perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnsta6lema.us Office: 508-8624038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If-Using A Builder I, 1 NCA q Q�V W ' _,as Owner of the subject property hereby authorize �. to act on my behalf, in all matters relative to work authorized by this building permit. &�k� (it, V)ag� (Address of Job) **Pool fences and alarms are the responsibility of the applicant. Pools are not to be flied or utilized before fence is installed and all final inspections are performed and accepted. gna a of Owne tute of Applican Print'b atne Print Name Date Q.F0RM8:0WNEUERMISSI0NP00bS 612012 1 Massachusetts-Department of Public Safety Board of Building Regulations and Standards Construction Supervisor Specialty License: CSSL-099138 JAMS P CURLEY 287 FULLER ROAD CenterviIIe MA 96n Expiration 01/28/2016 commissioner J I I . �e�a�rvwiorzaeii�•o�C��a�a�ic%cceelld slclk I- Office of Consumer Affairs&Business Regulation License or registration valid for individul use only OME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: egistration: '=j24310 Type: Office of Consumer Affairs and Business Regulation Expiration:""-6(1%2OIT Individual 10 Park Plaza-Suite 5170 Boston,MA 02116 James Curley James Curley 287 Fuller Rd- Centerville,MA 02632 Undersecretary of valid without signs re DATE: December 4,2012 TO: Building File FROM: R. Anderson RE: Variance/former family apt LOCUS: 40 Church St,WB HISTORY In 1984, Thomas A Dewire obtained a special permit for a family apartment in an existing garage. In 1998, Oden Pyle, a subsequent owner appealed to the ZBA to legitimize their illegal use of the former family apartment as a rental unit(the apartment was not removed within 60 days contrary to the dictating by-law of that time). ZONING RELIEF An appraiser contacted me on 11/26/12 to inquire about the status of the apartment. In reviewing our file, it.was apparent that a special permit was granted for the family apartment (1988-105). The other form of relief contained in our file is variance issued in 1998 (1998-113A). Although the wrong house number is referenced,the map and parcel number is correct. The variance document is titled in a very misleading fashion. It declares relief for the Number of Buildings on a Lot and does not reference or include any indication that the appeal includes or is about the applicant's desire to legitimize the rental use of the former family apartment contained in a secondary structure. The heading on Appeal 1998-113A reads: Variance Number of Buildings Allowed Per Lot. The relief actually seeks approval for two dwelling units on one lot even though the document refers to two structures. The relief was granted with the following conditions: no additional subdivision of the 2+ acres lot, no changes in area or footprint to either structure, and the apartment is limited to 672 sq containingl bedroom. The true intention is clear only when reading the actual application in conjunction with the Findings as identified in the decision. The only result concluded from this is that rightly or wrongly, the 1998 decision(duly recorded at the Reg of Deeds on 11/20/1999 in BK 11855 Page 88311) does in fact provide the relief originally sought and identified in the application and referenced in the decision findings. The variance stays with the land and all responsibilities, rights, restrictions and privileges also transfer with the property. Parcel Detail Page 1 of 4 a i A a Logged In As: Parcel Detail Tuesday, December. 42012 Parcel Lookup Parcel Info Parcel 1 290-085 I Developer I ID Lot Location 33 BETTY'S POND ROAD I Prl 120 Frontage Sec, _ _ _ -- - -- Sec --------- ---- - Road I Frontage f Village HYANNIS I Fire HYANNIS District Town sewer exists at this Road 0121 address No I Index Asbuilt Septic Scan: Interactive 290085_1 Map Owner Info Owner!BERDICHEVSKY, BORIS&LEBEDINSKY, MAY4 Co I Owner' Streetl!33 BETTYS POND RD I Street2 City,HYANNIS I State[MA Zip(o2so1 Country Land Info Acres [0.56 I Use[ingle Fam MDL-01 I Zoning r6 I Nghbd loioa Topography I Roadl I Utilities I Location, I Construction Info Building 1 of 1 Yearj200a Roof Gable H, Ext Built I S p truct Wall vinyl siding Living�1632 - I Roof fAsphlF GIs/Cm I AC,Central Area Cover p Type' Int Bed _ Style ICOlonial I Wall f P r2 lastered I Rooms Bedrooms Model I Residential I Int Laminate I Bath'I Full+1 H Floor Rooms Heat Total http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=22291 12/4/2012 Parcel Detail Page 3 of 4 2 2011 $210,300 $0 $0 $68,900 $2791200 3 2010 $2101900 $0 $0 $1061100 $317,000 4 2009 $220,300 $0 $0 $1431500 $363,800 5 2008 $227,300 $0 $0 $149,500 $3761 800 7 2007 $2261600 $0 $0 $149,500 $376,100 8 2006 $176,000 $0 $0 $150,000 $326,000 9 2005 $182,000 $0 $0 $144,800 $326,800 10 2004 $0 $0 $0 $101900 $101900 11 2003 $0 $0 $0 $2,700 $27700 12 2002 $0 $0 $0 $21700 $21700 13 2001 $0 $0 $0 $27700 $21700 14 2000 $0 $0 $0 $21400 $21400 15 1999 $0 $0 $0 $22,500 $22,500 16 1998 $0 $0 $0 $22,500 $22,500 17 1997 $0 $0 $0 $221500 $22,500 18 1996 $0 $0 $0 $221500 $22,500 19 1995 $0 $0 $0 $221500 $22,500 20 1994 $0 $0 $0 $27,000 $27,000 21 1993 $0 $0 $0 $271000 $271000 22 1992 $0 $0 $0 $301000 $30,000 23 1991 $0 $0 $0 $481700 $48,700 24 1990 $0 $0 $0 $487700 $48,700 25 1989 $0 $0 $0 $48,700 $481700 26 1988 $0 $0 $0 $201800 $201800 27 1987 $0 $0 $0 $20,800 $201800 28 1986 $0 $0 $0 $201800 $201800 Photos http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=22291 12/4/2012 Parcel Detail Page 2 of 4 Grade Average Pius l Type rHot Air ( Rooms f 5 Rooms stories 12 Stories I Heat Gas I Found- Poured Conc. Fuel ation BMT Gross�3026 Area tz Permit History Issue Purpose Permit Amount Insp Comments Date # Date 1/17/2006 4/23/2003 New Dwelling 68301 $80,000 12:00:00 AM Visit History Date Who Purpose 1/17/2006 12:00:00 AM Martin Flynn Meas/Listed-Interior Access 5/6/2005 12:00:00 AM John Greene CO Issued 6/14/2004 12:00:00 AM Martin Flynn Meas/Est 1/31/2003 12:00:00 AM Paul Talbot Vacant Lot W Sales History Sale le Line Date Owner Book/Page Price 1 6/6/2005 BERDICHEVSKY, BORIS & 19903/347 $1 LEBEDINSKY, MAYA 2 4/29/1999 BERDICHEVSKY, BORIS 12230/166 $21500 3 9/15/1988 WANNIE, JOHN F 6456/180 $1 4 2/24/1956 STANG, HELMI H 935/57 $0 W Assessment History Save Building Land Total # Year Value XF Value OB Value Value Parcel Value 1 2012 $174,000 $287300 $51300 $681900 $2761500 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=22291 12/4/2012 Parcel Detail Page 4 of 4 l_ http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=22291 12/4/2012 DATE: December 4,2012 TO: Building File FROM: R. Anderson RE: Variance/former family apt LOCUS: 40 Church St,WB HISTORY In 1984, Thomas A Dewire obtained a special permit for a family apartment in an existing garage. In 1998, Oden Pyle, a subsequent owner appealed to the ZBA to legitimize their illegal use of the former family apartment as a rental unit (the apartment was not removed within 60 days contrary to the dictating.by-law of that time). ZONING RELIEF An appraiser contacted me on 11/26/12 to inquire about the status of the apartment. In reviewing our file, it was apparent that a special permit was granted for the family apartment(1988-105). The other form of relief contained in our file is variance issued in 1998 (1998-113A). Although the wrong house number is referenced,the map and parcel number is correct. The variance document is titled in a very misleading fashion. It declares relief for the Number of Buildings on a Lot and does not reference or include any indication that the appeal includes or is about the applicant's desire to legitimize the rental use of the former j family apartment contained in a secondary structure. The heading on Appeal 1998-113A reads: Variance Number of Buildings Allowed Per Lot. The relief actually seeks approval for two dwelling units on one lot even though the document refers to two structures. The relief was granted with the following conditions: no additional subdivision of the 2+ acres lot, no changes in area or footprint to either structure, and the apartment is limited to 672 sq containingl bedroom. The true intention is clear only when reading the actual application in conjunction with the Findings as identified in the decision. The only result concluded from this is that rightly or wrongly, the 1998 decision(duly recorded at the Reg of Deeds on 11/20/1999 in BK 11855 Page 88311) does in fact provide the relief originally sought and identified in the application and referenced in the decision findings. The variance stays with the land and all responsibilities, rights, restrictions and privileges also transfer with the property. K4YL�,�- - 5c��3 b A - 'R03 O VOf£S. Vir 3) ud CW6 .AV fva6 - ig-113 A w - --e �,I,q-oebt� own" 'Iff i- oLaffyout#tin s Q�p 508.428.8700•fax 508.428.8524 www.lujeanprinting.com 4507 Route 28•Cotuit,MA 02635 i c�,� q�� I� rs . l�jo ��I �ICco �o �K�, sly � s�l� -I °-0'�" [ ] IR15.4 005 . ] LOCI 0040 CHURCH' STRT CTY] 05 TDS] 500 qB KEY] 88318 ----MAILING ADDRESS------- PCA] 1091 PCS] 00 YR] 00 PARENT] 0 PYLE,- ODEN FLETCHER & MAP] AREA] 80AC JV] MTG] 9201 PYLE, SHIRLEY J SP1] - SP21 SP31 BOX 457 UT11 UT21 2 . 60 SQ FT] 2198 WEST BARNSTABLE MA 02668 AYB] 1963 EYB] 1980 OBS] CONST] 0000 LAND 68500 IMP 216000 OTHER 16700 ----LEGAL DESCRIPTION---- TRUE MKT 301200 REA CLASSIFIED #LAND 1 68, 500 ASD LND 68500 ASD IMP 216000 ASD OTH 16700 #BLDG(S) -CARD-1 1 168, 000 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #OTHER FEATURE 1 16, 700 TAX EXEMPT #BLDG (S) -CARD-2 1 48, 000 RESIDENT' L 301200 301200 301200 #PL 40 CHURCH ST OPEN SPACE #RR 0308 0241 COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 09/93 PRICE] 340000 ORB] 8804/197 AFD] I TE LAST ACTIVITY] 04/07/94 PCR] Y R154 005 . • P E R M I T [PMT] ACT [R] CARD [000] KEY 88318 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT [B28470] [09] [85] [P ] A 150001 [ ] [00] [00] [000] [NEW ] [WB SW POOL] [B29183] [04] [86] [P ] A 200001 [AM] [01] [87] [100] [NEW ] [WB SW POOL] [10131 ] [09] [95] [AD] A 21681 [LK] [01] [96] [100] [NEW ] [WB SIDING ] t R154 005 . • P E R M I T [XXX] ACT [R] CARD [000] KEY 88318 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR .CMP NEW/DEMO COMMENT [B28470] [09] [85] [P ] A 150001 [ ] [00] [00] [000] [NEW ] [WB SW POOL] [B29183] [04] [86] [P ] A 200001 [AM] [01] [87] [100] [NEW ] [WB SW POOL] [10131 ] [09] [95] [AD] A 21681 [LK] [01] [96] [100] [NEW ] [WB SIDING ] [ ] [ ] [ ] [ ] ] [ ] [ ] [ ] [ ] [ ] [ J [?J . {� �,f i t �� -�- �-� :�� ..� ij'; . ;, �, �.� s �� ', �� .o �? ;� �', �.. ' � i !r �, „, 1I' ' �� : ��i ��' }11 iI �,11� );1 �� i I it i�, � i • � � � (11 � it ��. ,.11 RESIDENTIAL PROPERTY FIRE DISTRICT SUMMARY �tAP NO. LOT NO. W. Barnstable 15 � STREET �+0 church St. WB 73 LAND &0 0 a) BLDGS. 'f 3 S'1'o i OWNER Lac:c- /1 u'~c-i-'.c-F� TOTAL S 9 y LAND RECORD OF TRANSFER DATE EIK merpOtf Eberle P. JPG I.R.S. REMARKS: 7� BLDGS. V 8S0 r,-.-4 ,e,t�r. B TOTAL & RUNT • B M �00 LAND -TUlJ�3 &-omYim-done'. 6 o BLDGS. TOTAL r. LAND _12_ 8— 81- - 2 3._00_ _ BLDGS. Thomas- Wi11-iam-Raa-ph _ _ -- 8-29W79- 2974 210 ($1 :00 TOTAL LAND D.e_Wi_ re,.,.Thomas A. , III ,Tr Sheila Trust 6-18-81 3308 69($ 00 , 0 )0) BLDGS. TOTAL o C1A RCH -�i II NsT b\ M a LAND _Z-90 BLDGS. TOTAL LAND BLDGS. Ol TOTAL / LAND BLDGS. INTERIOR INSPECTED: TOTAL DATE: 02 /% LAND ACREAGE COMPUTATIONS BLDGS. ID TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE'LOT Q 451404D /7,U o 0 00 LAND CLEARED FRONT BLDGS. REAR TOTAL WOODS 6 SPROUT FRONT LAND BLDGS. WASTE FRONT REAR88' .► /0 - C-/ TOTAL REAR Z, o cJ0 7 3200 QJ LAND BLDGS. TOTAL Z 0 LAND Z.Gv S ems. J BLDGS. LOT COMPUTATIONS ! LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND . ROUGH TOWN WATER D 0) BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY { wn DIN BLDGS. onc. Slab Bsmt.Garage St. Shower Ext. ?,UK, -V. UAIe Walls PORCH. PRICE. Irick Walls Attic 9. &ems" Toilet Room Roof RENT tone Walls Fin.Attie AIP I Two Fixt.Bath Floors iers INTERIOR FINISH Lavatory Extra + 3 Q •••` smt. F ✓ '1' 2 3 Sink ► ✓ �.w-� /4 I/= 1/4Plaster Water Clo. Extra Attic + //O EXTERIOR WALLS Knotty Pine Water Only ouble Siding Plywood No Plumbing Bsmt. Fin. ingle Siding Plasterboard Int. Fin. �D 14),t Shingles TILING a /� nc. Blk. G F P Bath FI. Heat -�- / 0-0, ace Brk.On Int.Layout ✓-kd�EEBath Wains. ✓ Auto Ht.Unit 4 3 (�Q ,Veneer Int.Cond. Bath FI.&Wells Fireplace 4- /� '1 /y om.Brk.On HEATING Toilet Rm.F1. 33 Plumbing j— /� i0 olid Com. Brk. Hot Air Toilet Rm.FI.&Wains. ' -- Tiling 6 a Q / Steam Toilet Rm.Fl.&Wells lanket Ins. d Hot Water 60 ✓ St.Shower oof Ins. S Air Cond. Tub Area Total •\ 3•io Floor Furn. ROOFING / Z o b ✓ COMPUTATIONS sph_Shingle Pipelass Furn. S b/Q S. F. ,j Ff 9 Y0 Vood Shingle No Heat / S.F. /S1 so 3 sbs. Shingle Oil Burner 1/ / V 2�L S.F. late Coal Stoker S.F. e D �- 3/�S ile Gas S.F. OUTBUILDINGS ROOF TYPE Electric' S.F. 1 2 3 4 5 6 7 8 9 10 1 2 31415 6 7 8 ,9 10 MEASU able (/ Flat ip Mansard FIREPLACES S.F. Pier Found. Floor ambrel Fireplace Stack ✓ Wall Found. 0.H.Door LIST FLOORS Fireplace Sgle.Sdg. Roll Roofing onc. LIGHTING Dble.Sdg. Shingle Roof 'arth No Elect. DATE — Shingle Wells Plumbing ine ardwood ROOMS Cement Blk. Electric sph.Tile Bsmt. 1st �'ra. TOTAL �/3 ��C Brick Int. FinisA PRICED ingle 2nd 3rd FACTOR 0 Y-3 .? A lJ REPLACEMENT t OCCUPANCY CONSTRUCTION SIZE AREA CLAS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep• ACTUAL VAL. uq 1-/3 S'S3 Y3 ysU - t 2 3 4 5 6 7 i g 9 10 TOTAL 1 E r • oa I 11 �t ' lli f 3� SENDER: I also wish to receive the ■Complete items tand/or 2 for additional services. a _!.Complete items 3,4a,and 4b. following services(for an di Print your name end address on the reverse of this form so that we can return this extra fee): � card to you. ; m ..!Attach this forth to the•ffont of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address G permit.-;, ..,F:i 1 o ■Wdte'Returrl Reait pf Requested'on the mailpiece below the article number. 2.❑ Restricted Defvery m liThe Return Receipt will show to whom the article was delivered and the date a C delivered. Consult postmaster for fee. 3.Article Addressed t/: 4a.Article Number E 4b.Service Type u p0 ❑ Registered �'Certified 0 ❑ Express Mail ❑ Insured S ❑ Return Receipt for Merchan ❑ COD °c oZ(9to0Q.- 7.Date of Dellv ry 11 � 0 5.Received By:(Print Name) 8.Addressee's Ad ress(Only if requested c and fee is paid) r rAg t)g 6.Signature:(Addressee ~ q X PS Form 3811, December 19,94 102595-97-s-0179 Domestic Return Receipt _ First-Class Mail UNITED STATES POSTAL SERVICEBSP } a1 a.m and o - 0 i • Print your name, ddres ,'aY ZIP Code-in-thisbox!- TOM of Garnsfabla Building fDivis9L,9 367 Main St, Hyannis, MA 02601 Z 203 495 438 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intem ti nal Mail See reverse Se et&N ber Post Office State,&ZIP Code W _ Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered Q Return Receipt Showing to Whom, Q Date,&Addressee's Address TOTAL Postage&Feesco 1$OC. -7 M Postmark or Data E o u_ rn a Stick postage stamps to article to cover First-Class postage,certified mall fee,and charges for any selected optional services(See front). I 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office serve window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the a) cc return address of the article,date,detach,and retain the receipt,and mail the article. 1 LO 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the G addressee,endorse RESTRICTED DELIVERY on the front of the article. 00 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti 5 6. Save this receipt and present it if you make an inquiry. 102595-97-a-014 a i �F1f1E • BARNSPABLE, • A,39. The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner November 12, 1997 Oden Pyle P.O.Box 457 West Barnstable,MA 02668 RE: M-154/P-005 40 Church Street,West Barnstable,MA Dear Property Owner: We are sorry you have chosen not to cooperate with this office in restoring your home to a single- family dwelling. Since you do not want to comply to the Zoning Board of Appeals,we are forced to seek a complaint in District Court. Sincerely, Gloria M.Urenas Zoning Enforcement Officer GMU:lb 1� CERTIFIED MAIL Z 203 495 438 Q970618A m SENDEE-7,- v ■Complete items 1 and/or 2 for additional services. I also wish to receive the a1 ■Complete Rams 3,4e,and 4b. following services(for an 0 ■Print your name and address on the reverse of this form so that we can return this extra fee): 0 card to you. •permit. emao t this form to the front of the mailpiece,or on the be if space does not t, ❑ Addressee's Address d ■Write'Retum Receipt Requested'on the meilpiece below the article number. 2. ❑ Restricted Delivery N c ■The Return Receipt will show to whom the article was delivered and the date ' a delivered. Consult postmaster for fee. v 3.Article Addressed to: 4a.Article Number 4b.Service Type 0 ❑ Registered . tCertified Iz W lA, ❑ Express Mail 0-Insured . cc o GCJ�d ❑ Return Receipt for Merchandise [I 'COD c 6�(000 7.Date of Delive 5.Recei d By:(P n N e) 8.Addressee's Address(Only if requested t1 �� and fee is paid) co t— g 6.Signatur :S dressWorA�e a ;f! .t PS Form 3 11, December f994V 102595-97-e-0179 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box • Town of Baron,,.. Wilding WvWoa 367 Main St. Hyannis,MA 02601 i �4 ZFIE d � • BA 9rMM ' 59. & The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 26, 1997 Oden Pyle P.O. Box 457 West Barnstable,MA 02668 RE: M-154/P-005 Dear Property Owner: Our records indicate that your house at,40 Church Street, is currently being used as a two-family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: I 1) apply for a building permit to restore the property to a single-family home 2) apply to the Zoning Board of Appeals for a variance 3) prove that this is a legal two-family You must contact this office immediately to tell us what direction you wish to take. Sincerely, p. Gloria M. Uranus Zoning Enforcement Officer GMU:lb CERTIFIED MAIL Z 203 495 423 f9703IIa a 1114()PC II I Y ADWILSS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CLASS I PCS I NBHD KEY NO. 0040 CHURCH STREET OS p LANDIOTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Y UNIT ADJ'D.UNIT Lena BylDale S" D'muna on 1_OC./VR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Description P Y L E. O D E N F L E T C H E R 6 MAP-: CD FF-.De IhlAcres CARDS IN ACCOUNT — L BATHS 1 .1 U X C= 100 6000.00 6000.00 1.00 6000 a 02 OF 02 A COST N MARKET 213900 D INCOME USE A APPRAISED VALUE D D A 314P800 � A- U PARCEL SUMMARY T S LAND 68500 A BLDGS 229600 T O-IMPS 16700 M TOTAL 314800 F E N CNST E N DEED REFCRENCE1 Type I DATE M Recorded PRIOR YEAR VALUE A T eq. Pepe IMO. Yr.DI P` LAND 6 8 5 0 0' - T BLDGS 246300 U TOTAL 314800 1 I t R E BUILDING PERMIT S Number Date Tyq Amoenl LAND LAND-ADJ INC ME SE SP-BLDS FEATURE OLD-ADJS UNITS 6000 Consl. Total Y�eqar Built Norm. Dbsv. Class Units Vnits Base Rate Aaj.Rate A 5 I Age Depr. Cons, DND. Lac. %R.G. Rapt.Cost New Adj.Rapt.Value Stories Height Rooms Rma Balna •Fia. P.rtyw.11 Frrc. 08C 000 100 100 72.10 72.10 82 84 10 91 100 91 52721 48000 2.0 3 2 1.1 6.0 Des—plion Reta Square Feel Rapt.Cost MKT.INDEX: 1•00 IMP.BY/DATE: F R 2/85 SCALE: 1 101•0 0 ELEMENTS CODE CONSTRUCTION DETAIL S BAS 100 72.10 648 46721 GROSS AREA* 648 GARAGE WITH QTRS ABOVE CNST GP:00- 27------------* STYLE 13GARAGE 8 QTRS 0.0 T ---------! ! R ESIGN ADJM_T _00 ------------------- 0.-! ! EXR.41_A_LLS f14000 SHIN_6_L_E_S___ U._ U ! TEEAT/AZ TTPE 03ELECTRIC 6.0 T ! k-ag FINfSH 04DRTWALL ___ 6.0 T ! INTER.LAYOUT f2AVER.INORMAL _ 6.0 U ' INI—CR.QUALTY 02SAhfE AS EXt_ER_. _6.0 R 24 BASE 24 ELaOR STIfilCT 01 OOD JOIST Q.0 A W ! ! E F La_(f9 ME R_ -04 ArFPEI-------------6.0 L D 1 Areas Aaa 648 ! ! OUf-TYP-E---- -01 oXff[E1fSPH--EH----U:0 � Bnae- BUILDING DIMENSIONS ! ! E LE-CT R I-CKC 0 T[AVE R Ali E 6.0 AS W27 N24 E27 S24 .. ! O---DATZ6N--- ---r-ULIREU-CON------TT9.9 --------------- --- ---------------------- L *---- ~--2T------------X LAND TOTAL MARKET PARCEL AREA VARIANCE +0 +0 STANDARD I i i F� PROPERTY ADDRESS I I ZONING (DISTRICT CODE SP-DISTS.IDATE PRINTED CLASS I PCS I NBHO STATE PARCEL IDENTIFICATION NtJMRrRKEY NO. 0040 CHURCH STREET 05 RF 500 05WS 01/04/96 1091 OU 80AC R154 005 8831E LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T UNIT ADJD.UNIT .Lard By/Dale S.,.Dpman.�an LOC./VR.SPEC.CLASS ADJ. CONO. P PRICE PRICE ACRES/UNITS VALUE Description P Y L E O D E N F L E T C H E R 8 MAP- " cD .DeI_ as y OLAND 1 68i5DD CARDS IN ACCOUNT - L 10 1BLDG.SIT 1 X 1 A=15 100 34999.91 52499.99 1.00 52500 OBLDG(S)-CARD-1 1 181P600 01 OF 02 A 11 1RESIDUAL 1 X. 1.6CA=15C 95 7000.0c 9975.010 1.60 16000 MOTHER FEATURE f' 16.700 VOST N flBLDG(S)-CARD-2 1 48P000 MARKET 213900 p BATHS 2.1 U X B= 100 12000.0c 12000.0 1.00 12000 a OPL 40 CHURCH ST INCOME FBA FIN BSM S X B= 100 22.5 28.41 140 4000 B ORR 0308 U241 USE A FIREPLACE U X 8= 100 3900.0 3900.0 1.00 3900 9 APPRAISED VALUE p EXT FIREPL U X B= 100 1700.0 1700.0 1.00 1700 3 A 314P800 A J SHED S 8 X 10 197 B= 88 F 1 11.0 12.2 80 1000 F PARCEL SUMMARY T U SHED S 8 .X 12 198 B= 95 10.5 12.6 96 1200 F LAND 68500 A S SHED S 10 x 12 198 B= 95 10.3 12.3 120 1500 f BLDGS 229600' T RP1 POOL'VL S 20 X 44 198 C= 70 2105 14.8C 880 13000 F 0-IMPS 16700 M TOTAL 314800 F E N CNST E N DEED REFERENC Tye DATE Retortlee PRIOR YEAR V A L U.E A T Bank Page '"" Mo. yr.D s.le.P"°' LAND 68500 T 880411971TEI-09/93 340000 BLDGS 246300 U 6867/239: 1:09/89 314500 TOTAL 314800 R 3308/69 : 100/00 E BUILDING PERMIT POOL NOT STARTED S Number Dale Type Amount 1/1/�6• LAND LAND-ADJ INC ME SE SP-OLDS FEATURE BLD-ADJS UNITS 68500 1670 21600 829183 4/86 P 20000 Ctnsl. Total Vear Built Norm. Obsv. �.s Vn Is Units Base Rale Atlj.Rate A t Aye Dept. GOntl CND. lot. %R.G. Repl.Cost New AOI.Repl.value Stories Height Rpema Rma Baths /Fla. P.Ay..II F.t. 01B 000 110 110 66.80 73.48 63 80 14 87 100 87 208698 181600 1 .0 7 3 2.1 9.0 Des-phon Rete Spuara Feel Repl.Cost MKT.INDEX: 1.00 IMP.BY/DATE: FIR 2/85 SCALE: 1/0 0.4 7 ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 73.48 1950 143286 GROSS AREA 27UZ SINGLE FAMILY DWELLING CNST GP:00 T FOP 35 25.72 30 772 *-------------60------------* STYLE 03RANCH 0. ------ --- ------------------ -- FSF 66.13 224 14813 12 *---21---* DESIGN ADJMT 02DESIGN ADJUST 1CS. R 615 72 52.91 504. 26667 4 G15 ! E_XTER.NA_CLS 01 OOD___F_R_A_M_E______ 0. U FFS 650 65.00 24 1560 ! *--14--* ! EAl/AC T7PE 040IC 0. C _ T 33 ' BASE ! FSF ! AITcR.FINISH 00 0. U ! 16 16 24 INTER.LAYOUT _0] ------------------ 0. R 21 20 ! iNTER.QUAI.TY 02SAME A_S_ EXTER. 0.0 JO_ 0.0 A --- ----- -R - ------------------ -- L W! *-10* � � ! EfL00R_ COVER 00 Area. 30 Baaa_ 2174 *-10-*FOP*--------40--------X *---21---* A.5of TYPE _30 _________________ 6_._D_ BUILDING DIMENSIONS ^L E C T R I C A L O O D.6 T BAS W40 FOP NO3 W10 S03 E10 .. FOUNDATIOfd 00 ---------------- 94.- A BAS N 03 W10 S03 W10 N 33 E60 S12 --------------- --- ---------------------- � FSF E14.1315 N04 E21 S24 W21 N20 -ELGHBORFIOOD S(fAC PEST BARNSTABLE FSF S16 W14 N16 .. OAS S21 LAND TOTAL MARKET •• PARCEL 68500 314800 AREA 16538 VARIANCE +0 +1803 STANDARD 25 I,r Or Z 203 495 423 U5 Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sen o Street&Number Post Officd State,&ZIP Code ©.z6G g Postage $ 7 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered n Return Receipt Showing to Wham, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ 02_ 7-7 C'2 Postmark or Date 0 U. G7 d Stick postage stamps to article to cover First-Class postage,certified mall fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). In 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Q) return address of the article,date,detach,and retain the receipt,and mail the article. uO 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the O O addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. li 6. Save this receipt and present h if you make an inquiry. 102595-97-a-0145 r= i` INE + BARNSMABU& • 39. The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 26, 1997 Oden Pyle P. O. Box 457 West Barnstable,MA 02668 RE: M-154/P-005 i Dear Property Owner: Our records indicate that your house at,40 Church Street,is currently being used as a two-family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a single-family home 2) apply to the Zoning Board of Appeals for a variance 3) prove that this is a legal two-family You must contact this office immediately to tell us what direction you wish to take. Sincere! Gloria M.Uranus Zoning Enforcement Officer GMU:lb CERTIFIED MAIL Z 203 495 423 f970311a ... .1..�.. .:�..� .. .I.. �. ! .�.i.NI�1. /.....J•. .+..I��.��i.I�J.I�•�'.:�.....•�7�✓i►I.••Y•.��I'rti•• YI ��/•IZ•VJI.1'�K1.•�.I•Ji../�..►1•I w3�••.•'►...1L•�.•:..,�!••1*.' '1'OW� OFIL ZWOUT g�flBT �3' 88T/QOmTZR��OSAUM . co lm=cmzlAAj- 1O YA r n s •SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to you.The return receI14fee will erovide you the name of the rson delivered to and the date of delive For one a ow ng se oes ere ava e.Consult postmaster r a checkx kYforadditional servicels)requested. i 1. ❑Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Article Number Thomas N. George, Esquire P �539 082 826 ` Commissioner for the Estate of Type of Service' Thomas Dewire III P C�mdCODd776 Main Street Express Mail ` Hyannis, MA 02601 Always obtain signature of addressee or agent and DATE DELIVERED. 5.Signature—Addressee 8.Addressee's Address fflftY if x requested and fee ) 6.Signature— gent X " 7.Date of Palivery PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVIC r� PM OFFICIAL BUSINESS �.. SENDER INSTRUCTIONS � 23 M;R Printyourname,address,andZIPCode in the space below. g 8 •Complete items 1,2,3,and 4 on � �Q the reverse. •Attach to front of article if space petrlmits,otherwise affix to back of •Endorse article"Return Receipt PENALTY FOR PRIVATE Requested"adjacent to number. usE,$3oo i ` RETURN Print Sender's name,address,and ZIP Code in the space below. TO Mr. Alfred E. Martin, Building Inspector Town of Barnstable 367 Main Street Hyannis, MA 02601 w JOSEPH D. DALuz Building Commissioner TELEPHONEt 775-1120 EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 March 21, 1988 Thomas N. George, Esquire Commissioner for the Estate of Thomas Dewire, III 776 Main Street Hyannis, MA 02601 RE: Unfenced swimming pool 40 Church S tree t;. JWest Barnstable, A=154-005 - = - - Dear Attorney George: Please be advised that the swimming pool located at 40 Church Street, West Barnstable owned by the Sheila Trust is unfenced and in violation of Article -XI-of the. General By-laws of the Town of Barnstable (copy enclosed) . The swimming pool must be fenced immediately. Please contact this office immediately re the arrangements you have made to have the swimming pool fenced. Very truly yours, Alfred E. Martin Building Inspector AEM/gr enc. �€ Certified mail: P 539 082 826 R.R.R. • V r � i i o o � � N � '- C� . o � l� `_ S� �.:..:�., �� °O w .�, � � gfiomai c::.-/V. !geoige ATTORNEY AND COUNSELOR AT LAW 776 MAIN STREET HYANNIS, MASSACHUSETTS 02601 617-775-5386 March 25 , 1988 Mr . Alfred E. Martin Building Inspector Town of Barnstable Town Office Building Hyannis , MA 02601 Re: Unfenced swinming pool 40 Church Street , W. Barnstable Dear Mr . Martin: With regard to your letter of March 21 concerning the above, be advised we will determine on this coming Monday or Tuesday which of the various companies we have solicited will be contracted to erect a fence in accordance with the Town code. It is anticipated that they will be able to complete their work by the end of the first week in April . In the meantime, we have pumped the standing water and will continue to keep the pool cover free of any accumulation of water and keep the main part of the pool covered until the fence is erected. Very truly yours , m G e TNG:cm CC: Richard L: Cwrey, Esquire James B. Muldoon , Esquire Ms . Chris Covell i Assessor's Office(1st floor) Map _ Lot Cos— snit# 0/3 Conservation Office.(4th floor) Date Issued ✓Board of Health(3rd floor)(8:30-9:30/1:00- 2:00) �`�/_ j�' s�, Fee_ ✓Engineering Dept.(3rd floor) House#1 �� • ®ey �►�rp'� Planning Dept. (1st floor/School Admin. Bldg.) �® RNSTARLE. Definitive Plan roved by Planning Board 19 `�� ® E ASS. TOWN OF-BARNSTABLE ��,,�� ®,qo Building Permit Application 's ®�� Project St ee Address C Village n� Owner Address S Telephone Permit Request / t jol 4 P&W\e)E t Total 1 Story Area(include 1 story garages&decks) square feet Total 2 Story Area(total of 1st&2nd stories) square feet Estimated Project Cost $ 47 Zoning District l Flood Plain Water Protection Lot Size Grandfathered ? Zoning Board of Appeals Authorization Recorded Current Use Im c Proposed Use ' �4 Construction Type Commercial / Residential Dwelling Type: Single Family V Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House Unfinished Old King's Highway Number of Baths No.of Bedrooms Total Room Count(not including baths) First Floor Heat Type and Fuel Central Air Fireplaces Garage: Detached. Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information Name Telephone Number_&{P007—! &((,000ff Address 'Y License# QEQ 6 Home Improvement Contractor# 1O ��^� Worker's Compensation# W C MZ\-_20Z SJ� NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTI N DE RIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO S - i SIGNATURE DATE BUILDING PERMIT DE D F HE FOL LOWING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. 10131 DATE ISSUED 9/5/9 5 o, 154 005 � � MAP/PARCEL NO. ADDRESS 40 Church Street VILLAGE W. Barnstable. � pVNER Oden Fletcher_, & Shrle!y J. Pyle DATE OF INSPEdTION: FOUNDATION FRAME- " INSULATION FIREPLACE ' ELECTRICAL: ROUGH FINAL GUMBING: UGH FINAL ' w . a, - GAS: ROUGH FINAL FINAL BUILDING ;'' ( W` 1 '�Z C" ate, DATE CLOSED OUT ASSOCIATION PLAN NO. , e , � / 1 ry / i SuggWed Affidavit for Home Improvement Contractor Permit Application For olnce uu Only N OF CI / /fP VN�/ Ycrn►ll No. A f d� 1c� �V� l)&tr AFFIDAVIT Home Improvcutent Contractor Law Supplement to Permit Application MGLe.142Arequim that thc"rqcnpsirucilnn,ithenllion,rentwalinn,retwir,mrMlernirll inn,mnvenion ionnwentenr,remmul,dctnolilion. 'iLlnalrLe6n1111r 11n addllioll II)any 111C-Ca1�1111C owllec-I M'l'11 11ir.1 liu i lit illy.inn nl i It i nl[JAI Il:1141 llur hul nrN nluir Ihnu(IturtAwellitir unils....Air to all ui Atn*"which a1e ndil•cenl 111.uch Ie•\111e11Ce nr 1-lu110611•"t.e dune ly teeiatn'a!W1118"Cw/a,with"haul uccptluua,rluug wish uthu' ICq Ll ICCQlCnl&. A 'Type of Work: 1- Q Est. Cost� C Address of Work - 1 ® ��wlJ i��✓` Sd l 1 Owner Name: Date of Permit Application:_ I hereby certify that: 'Registration is not required for the following reason(s): _Work excluded by law _Job under S I." 13uildinee, not owner-occupied Owner pulling own permit _Other (specify) s Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS UOR Al'1'LIC:ALILL:1.lOMLi Ih11'ItOVL•Iv1L:N'1'WORK DO NOT HAVE ACCF'SS T0'I'1••II_: AltBITR"A'1'ION I'ILOGRAM OR GUAI:ANTY FUND UNIT.. IvIGL c. 142A- Signed under Penalties of perjury: / .�,�,�,/yt I hereby apply for a permit as the agent of the owner: Dat Cuntractor Nailie uull No. Olt: Notwithstanding the above notice, I hereby apply for a permit as the owner of the above property: Date Owner Name •Y` _ =�—,y • The Commonwealth of Massach �tts Department of Industrial Accid _ office u//Byestigatfo is 600 Washington Street '~ Boston, Mass. 02111 '(Workersp' Compensation Insurance Affidavit P '• '� � u.,4.r• .•AN �f3.S!.Yi +kY�cY: .rr `� mr'd• 'fi�`.sa�s_CMd lr `.: si+ls�onY.:wrihetion•:. Yr{� &rt°-n.., '�i u Y YA—kA4-tr cc i, f%vtn U(C 1 LAL locationo City. Ut V\ ('1 iJ1 `� I�L%��\ L )- 3Sc: Phone 11 aoC, / 6' '2 I am a homeowner perfo ing all work myself. 1 am a sole proprietor and have no one working in any capacity •.Y. rs p` to "'� sc� "4T .T{�. e-:r+,< r i .�'' r7`T'�:.i7F^'fir -fFl.,;�. r vr; I am an employer providing workers' compensation for my employees working on this job. company name: � - 1I. k CM Q4/l ® t �k address: city Phonc#: insurance co policy# it:�6!"'"1 -r,��` tirt;Yi�^:`.a;tf 5F5;'F. '�gP�"{.r�y_aLr- �i .v'�;w'Cl+'ur�y:•rtra�•r11,;;';?;•r,�•. `f S'�w"+'t''sh:"�i=id':� ,:r %%+St'o';�;rir"4''ahlr,',r��,;>'Pr ?"'a:hti+�iie'�'�i+�^.:r� rra-�{�r•_'rTi x,y�7 l am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: company name: address: city: phone#: insurance co Policy# I;:..�r.C:G�::a''•�, f,.QiZ'7.i p� 1..'�"-w;tAl,�` '�"?,'". 75 ;�^+"'. �.'"�`:. ?9'•v"'d,?t�r, .,�..m,,�.�" "C�"`:�`�'�kF�;;��t"!.� L�„i'u`f'rR'�*,+`nf�:�� co an name: address: •� J 1V"Q� � '3AQ ,A,\li k 6yl 7 E slz�'r�✓ city: W�b`�? �� ,� {-! 4•, Phonc#: �L�� , ,��"' (.,��)�' insurance co. �K co Volicyti WC, y,.,,, ,..Y.. ... ;1 t r L ,,zt4 u ., ti Wi.rr Y';'{�•Y n' n.�...R j`,.y.. 1 i*tZucfi.addit'ion�lsheetif`ri'ecrssdry ?F?a^r, y ' `f .,:Y'x< Failure to secure coverage as required under Section 25A of MCL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me.. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. /do her !&d.V tl ains it vurltiev of perjury that the information provided above is true and correct. ��/; Print name G"`.,�Ir`,� l t'>`'� Phone official use only do not write in this area to be completed by city or town official ,� [Y' N_^ ffi L-; city or town: permit/license 11 DBuilding Department n E]Licensing Board µ§ 0 check if immediate response is required ❑Selectmen's Office � C]liealth Department }, contact person: phone#; flUlhcr t—s<d 3/95 NA L_. l • • Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An enrplover is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a_joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual , partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance , construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the coin momveaIth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally, neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. �p T �i e h.,. +k are ,i r, a :. . j �r i .., i� a "�� C a i.. 7 M1"l�.a�:.L4�„� ��,'.sN r.0L.+. >. � 9 r.�+, '�r S avr 4��. ,� .r � Applicants Please Fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law" or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. r . rL F' _.y C�^'^•f'C er --.�.r^tsr.,.,..�,Pna a. /y, qg'♦( ..-..-.® - ,t. ,i\LYf. d �? .h'TI Ij �.:�.1!3W��.f r ;l y.J, `f'aA .�`, JIs�'1 X'�:L4�Yf.,S,.d �A ;� *I.,yiY' 4..d..-.l•�. 1.�A .1�.. �5 l�F., J.. City or Towns of Please be sure Ihal (he aff idavil is complete and printed legibly. I'I c Ucps.►rtmenl has provided a space at the hottc�m e the affidavit for you to fi11 out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to a,ive us a call. .77 '["he Department's address, telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Investigations 000 Washington Sheet Boston, Ma. 02111 fax #: (617) 727-7749 phone #: (617) 727-4900 ext. 406, 409 or 375 . . • ,.,Ae... � ✓lie �zaouuea`l/ a�✓�aaaae/uiae�. .. .. . .,.� __.. .. .. .. . . ..__ -,:, :,�... ;``�:��•�'.�'��'•� � �' Restricted ta: 0G �.4.•,a' r' 0E?ARI"IEi( -iF ;'JSLiC SAFtiY .4S1RDCiIOH t!?EE4i�OR IiCF;t;; 00 - tone tlaa zr: F:{�i;z. 0irtldate: 1A - masonry only CS �03bi 01/1?/143? . 01%11/1°S3 1G - 1 8 2 Faaily Holes ,Est,ictad To: 00 A 'C'r ?OCYY Hill RD ' � �i4e�oanvrnooeluea�o�✓uaaaacvt!�iaelld ., .. HOME IMPROVEMENT CONTRACTOR Registration 100.502 Type — .PRIVATE CORPORATION Expiration. . ;.06/18/96 AMERICAN REMODELING INC " Charles Cook f:�nt,;�585 NORTH STEMMONS #S102 ADMINISTRATOR DALLAS TX 15247 � 7 a. .i '•r:y. :'A= :r. de.n; , ,?'�1 .I•`yt iSv'.x5 � 9..7 '�:v \'�. .i - ,t ...9Rtn,i + '1' .•: =i�:•i:' .i 'a?c.s, .Y � .n'•.'F'•::� .a�� zLa� .7.,< i._t. •! � � ,C'--' :;7.T .a..,),�,. a !.' a �• !�' �• j:x Y•a,a.4..+ s.: +} Z«1 i !?,:Rs� z�^ ;S!.Sr+ ^`�;:V;x,t7 'a ''.'^;�', .,�'r�s:"SZf��j��K tS�t,lM,S•L '�s � � .� .. �... ,h,� . •�e ;¢i.'' � .r r s� x.}��,• .t,. ,,.�'�:2� P°'��,taa;&��t�tti' 3�Y?; `7r�i�`..� §f,Yr#�wt�vR�,:�c��L�,�' <v�}t 4 � ran ° tit rf'. oFtME Town of Barnstable Old King°s Highway Historic District Committee * BARNSTABLE, +` 230 South Street,Hyannis,Massachusetts 02601 9� 1639.. ,�$' (508)790-6285 Fax(508)790-6288 MEMORANDUM August 24, 1995 TO: Charles Cook 57 Teed Drive Randolph, MA 02368 FROM: Peter Freeman, Chairman SUBJ.- Approved Plans -------------------------------------------------------- -------------------------------------------------------- Please be advised that the Old King's Highway Regional Historic District Committee approved your plans on August 23, 1995. There is a ten (10) day appeal period before you may pick up your approved plans at our office located at 230 South Street, Hyannis, MA. When picking up your plans; you are expected to submit the second set of plans to the Building Department, and obtain your permit to continue the project. Please check with the Building Department to see if you need to file for a permit. This procedure is necessary everytime a Certificate of Appropriateness has-been approved from the Old Icing.Highway. The old permit becomes void, and a new one is issued for the r:ew application. Since the loth day falls on a Saturday, and Monday is a holiday your plans will be available on Tuesday, September 5, 1995. Thank You. f PIKUPNOT In accordance with the provisions of MCL c 40, S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 111, S 150A. The debris will be disposed of in which City or Town • STREET APDRES TYPE OF CONTAINER FOR TRANSPORTATION gignat re of Permit A plicant D A It MIC14AEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 665 W. HARWICH, MA. OM71 TELEPHONE(508)430-1900 TELEFAX (508)430-8662 November 13, 1998 via fax 508-778-2412 Jack Gillis, Supervisor of Consumer Affairs School Administration Office 230 South Street Hyannis, MA. 02601 Re: Town of Barnstable v Oden Pyle/40 Church St. , W. Barnstable Application for Criminal Complaint No. 9825AC010578 Dear Mr. Gillis: It is my understanding that the issuance by the Zoning Board of Appeals of the variance in Case No. 1998-113A (copy enclosed) , moots the issue which was the subject of your application for a criminal complaint for violation of a miscellaneous municipal ordinance/bylaw. If you concur, I would request that you notify the Court, in writing, that you have chosen to withdraw your application for a criminal complaint and send me a copy of same. If you need me to do anything further by way of a filing with the Court or your office, please advise. Very truly yours, Michael D. Ford MDF/djw CC: Oden Pyle Gloria Urenas, Zoning Enforcement Off icer/Building Dept. Z0 39d6 060A c, NOSNIIS Z998060809 LO:bt 8661/61/LL :J Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-113B-Pyle Use Variance to Section 3-1.4(1)(A) Principal Permitted Uses, or in the alternative a Variance to Section 3-1.1(3)(D) Family Apartment Summary: Withdrawn Without Prejudice Petitioner. Oden Pyle Property Address: P0 Church Street,West Barnstable Assessor's Map/Parcel: Map 154, Parcel 005 Area: 2.60 acres Building Area: Main Residence-2,770 sq.ft.,Garage/Bam Structure-672 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: WP Well Protection District Background: The property that is the subject of this appeal consists of a 2.60 acre lot that is presently improved with a one-story,2,770 sq. ft. single-family dwelling and a 672 sq. ft. detached garage/barn structure'. It is located within an RF Residential F Zoning District. In December of 1983, the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a family apartment to be built above the existing garage/bam. A family apartment was subsequently built by the owner at that time, Thomas A. Dewire. The property was sold in 1989 to Bruce B. McQuaid, who sold it to the current owners in 1993. The family apartment provisions of both the 1983 Zoning By-law and the current Zoning Ordinance require that the kitchen facilities be removed within 60 days from the date the person or persons residing in the family apartment vacate the premises and that the premises be restored as nearly as possible to their original character before the creation of the family apartment. Evidently, this was not done. The applicant should be prepared to document the use of the apartment unit since its creation in 1983. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. Also, the only principal permitted use in the RF zoning classification is detached single-family residential dwellings. The applicant is applying for a Variance to Section 2-3.6 Number of Buildings Allowed Per Lot and Section 3-1.4(1)(A) Principal Permitted Uses. In the alternative, the applicant is also applying for a Variance to the family apartment provisions of the Zoning Ordinance, Section 3-1.1(3)(D). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 10, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was According to assessor's records dated 09/23/98 r r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-113-Pyle Variance to Section 2-3.6&Section 3-1.4(1)(A),or in the alternative a Variance to Section 3-1.1(3)(D) executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened October 7, 1998, at which time the Board granted a Variance to Section 2-3.6 with conditions and, per request of the applicant, granted a withdrawal without prejudice the request for a Use Variance to Section 3-1.4(1)(A)and in the alternative a Variance to Section 3-1.1(3)(D). Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Richard Boy, Tom DeRiemer, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the Petitioner, Oden Pyle, who was present along with Edward Kelly, Registered Land Surveyor. Attorney Ford submitted a memorandum to the file in support of this appeal. As to the relief requesting a Use Variance to Section 3-1.4(1) and in the alternative a Variance to Section 3-1.1(3)(D),Attorney Ford stated if the Variance to Section 2-3.6 is granted, the other relief is not needed. After the Board granted a Variance to Section 2-3.6 Number of Buildings Allowed Per Lot, Attorney Ford requested the portion of the appeal seeking a Use Variance to Section 3-1.4(1) and in the alternative a Variance to Section 3-1.1(3)(D) be Withdrawn Without Prejudice. Public Comment: No one spoke in favor or in opposition to this appeal. Decision: Per request of the applicant, a motion was made and duly seconded to allow the request for a Use Variance to Section 3-1.4(1)and the request for a Variance to Section 3-1.1(3)(D) be Withdrawn Without Prejudice. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, Thomas DeRiemer, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1998-113,the request for a Use Variance to Section 3-1.4(1)and the request for a Variance to Section 3-1.1(3)(D) has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)gays after the date of the filing of this decision. A copy of which must be filed in the office of the To Clerk. 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has beentfile in the e o the Town Clerk. Signed and sealed this day f der the paims and penalties of perjury. i Linda Hutchenrider, Town Clerk 2 � v {..! BABNOTANA sun Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-113A-Pyle Variance to Section 2-3.6 Number of Buildings Allowed Per Lot Summary: Granted with Conditions Petitioner. Oden Pyle Property Address: 740 Church Street,West Barnstable Assessor's Map/Parcel: Map 154, Parcel 005 Area: 2.60 acres Building Area: Main Residence-2,770 sq.ft.,Garage/Barn Structure-672 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: WP Well Protection District Background: The property that is the subject of this appeal consists of a 2.60 acre lot that is presently improved with a one-story, 2,770 sq. ft. single-family dwelling and a 672 sq. ft. detached garage/barn structure'. It is located within an RF Residential F Zoning District. In December of 1983, the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a family apartment to be built above the existing garage/bam. A family apartment was subsequently built by the owner at that time, Thomas A. Dewire. The property was sold in 1989 to Bruce B. McQuaid, who sold it to the current owners in 1993. The family apartment provisions of both the 1983 Zoning By-law and the current Zoning Ordinance require that the kitchen facilities be removed within 60 days from the date the person or persons residing in the family apartment vacate the premises and that the premises be restored as nearly as possible to their original character before the creation of the family apartment. Evidently, this was not done. The applicant should be prepared to document the use of the apartment unit since its creation in 1983. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. Also, the only principal permitted use in the RF zoning classification is detached single-family residential dwellings. The applicant is applying for a Variance to Section 2-3.6 Number of Buildings Allowed Per Lot and Section 3-1.4(1)(A) Principal Permitted Uses. In the alternative, the applicant is also applying for a Variance to the family apartment provisions of the Zoning Ordinance, Section 3-1.1(3)(D). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 10, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The According to assessors records dated 09/23/98 ' Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-113-Pyle Variance to Section 2-3.6&Section 3-1.4(1)(A),or in the alternative a Variance to Section 3-1.1(3)(D) hearing was opened October 7, 1998, at which time the Board granted a Variance to Section 2-3.6 with conditions. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Richard Boy, Tom DeRiemer, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the Petitioner, Oden Pyle,who was present along with Edward Kelly, Registered Land Surveyor. Attorney Ford submitted a memorandum to the file in support of this appeal. Attorney Ford reported there is a main house and a detached garage/bam structure with a one room apartment in the upper level. The prior owner applied for and was granted a Special Permit for a Family Apartment in the garage/bam structure. Over time, the barn was rented to non-family members. The current owner, Oden Pyle, bought the property in 1993, and at that time, there was a tenant in the barn. Recently, they were told by the Building Department that they were renting the apartment illegally because it was not being used as a Family Apartment and was rented to a nonfamily member. In an effort to comply with zoning, the applicant explored the idea of dividing the land and they hired Mr. Kelly to prepare a series of plans for dividing the property. Three different plans were drawn. Mr. Ford explained (in detail)the different plans and the ramifications of each plan. After reviewing the plans and the recommendations of the Planning Board, Mr. Ford advised Mr. Oden to seek relief from the Zoning Board of Appeals rather than subdivide the land which would also require the construction of a road. There are two separate principal dwellings on one lot and the applicant is seeking a Variance from Section 2-3.6 of the Zoning Ordinance which limits the number of buildings allowed on a lot. He is willing to have the Zoning Board of Appeals impose a restriction in their Decision that the relief granted is contingent upon a restriction prohibiting the property from being divided or subdivided while the rights under the Variance are being exercised. This would be better than cutting up the land, cutting down trees and destroying over 70 feet of an old stone wall that exists on the property. Attorney Ford submitted a letter from Chief John P. Jenkins of the West Barnstable Fire Department. The letter states the barn apartment has been used as a rental unit and rented twice in the past for former members of the fire department resulting in a great advantage to the department due to its close proximity to the station. He strongly endorses the continued usage of the garage apartment and this request to legalize the use. Pursuant to MGL Chapter 40A, Section 10, Attorney Ford discussed the Variance Conditions. This lot has unique circumstances and resulting hardship. The topography of the parcel is unique in that it slopes from the front to the rear over 15 feet in grade. As a result of this topographical condition on the lot, the requirement that a road be put in place in order to divide the parcel would result in a financial hardship to the Petitioner. Also, there is an old, large stone wall in front that would have to be destroyed for the construction of a road to the back lot. The relief may be granted without substantial detriment to the public good because the utilization of this 2.6 acre parcel for a single family home and an existing apartment would result in a less intense use than to divide the parcel into two smaller lots each with its own dwelling. The granted relief would not derogate from the intent or purpose of the Zoning Ordinance because the applicant is willing to have a restriction put in place stating he will not divide the land as long as the rights under the Variance were being exercised. As to the relief requesting a Use Variance to Section 3-1.4(1) and in the alternative a Variance to Section 3-1.1(3)(D), Attorney Ford stated if the Variance to Section 2-3.6 is granted, the other relief is not needed. For clarification, each structure has a separate septic system and(in Mr. Kelly's opinion) both systems would pass inspection. Both dwellings share one well. 2 f Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1996-113-Pyle Variance to Section 2-3.6&Section 3-1.4(1)(A),or in the aRemative a Variance to Section 3-1.1(3)(D) The interior of the bam was discussed. Mr. Oden reported the second floor of the bam is one large room with a kitchen and bed and small bathroom. The bottom is the garage-one big room-entered by two garage doors with a small bathroom(toilet only). Public Comment: No one spoke in favor or in opposition to this appeal. Board Member Gail Nightingale was concerned because there was previously a family apartment and now the applicant is seeking to legalize it as a separate dwelling unit which is not the intent of the Family Apartment Permit. This would set a bad precedent Attorney Ford explained that the locus is unique because this parcel can be subdivided, and have two separate homes, which is not the case in other Family Apartment Permits. However, in his opinion, it is a better use of the land not to subdivide the property and build a road but rather grant the Variance relief- which is not a Use Variance-but a Variance to the number of buildings allowed per lot. Board Member Elizabeth Nilsson stated if the relief were limited to the single family home, and the one apartment as it now exists, she would rather grant the Variance requested than divide the land. Findings of Fact: At the Hearing of October 7, 1998, the Board voted on the following findings of fact as related to Appeal No. 1998-113: 1. The applicant, Oden Pyle, is seeking a Variance to Section 2-3.6- Number of Buildings Allowed Per Lot. 2. The property address is 740 Church Street, West Barnstable, MA, as shown on Assessor's Map 154, Parcel 005. The site is 2.60 acres. The Main Residence is 2,770 square feet and the Garage/Bam Structure is 672 square feet. 3. The site is located in the RF Residential F Zoning District and the WP Well Protection Overlay District. 4. In 1983, the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a Family Apartment to be built in the garage/bam structure. A family apartment was built by the owner at that time. 5. The applicant bought the property with the apartment as it now exists and has maintained the apartment. It has not been used as a Family Apartment, but rather rented illegally to nonfamily members. 6. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. 7. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. However, the locus is unique in that the parcel is 2.6 acres which is more than the one acre per lot required in the Zoning Ordinance. 8. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance because the applicant has stated he will not increase the buildings beyond their present footprints. 9. As a result of the sloping topographical condition on the lot and an old stone wall, the requirement that a road be put in place in order to divide the parcel would result in a substantial financial hardship to the Petitioner. These are unique conditions that exist that affect the locus and a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. 10. According to the Health Department, the septic system for the apartment unit is approved for one bedroom. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: Thomas DeRiemer 3 i Y Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-113-Pyle ' Variance to Section 2-3.6&Section 3-1.4(1)(A),or in the alternative a Variance to Section 3.1.1(3)(D) Decision: Based on the findings of fact, a motion was made and duly seconded to grant the relief being sought in Appeal Number 1998-113 for a Variance to Section 2-3.6 subject to the following terms and conditions: 1. There shall be no further division or subdivision of the property. 2. Both the apartment unit and the main residence shall not be expanded in area or foot print without approval from the Zoning Board of Appeals. 3. The apartment unit will be a one bedroom apartment only. 4. The septic systems on the property shall meet current Title V requirements without variance from the Board of Health. 5. All regulations of the Building Division, Health Division and Fire Department shall be met. —tie Vote was as follows: Gail Nightingale, Richard Boy, Elizabeth Nilsson, Thomas DeRiemer, and Chairman Emmett Glynn :JAY: None Order: In Appeal Number 1998-113,the Variance to Section 2-3.6 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) ys after the date of the filing of this decision. A copy of which must be filed in the office of the To Clerk. 1998 Emmett Glynn, Chairman Date Signed Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been fit in the office of the Town Clerk. Signed and sealed this V day of _ 19 der the ins and penalties of perjury. 1 A A Linda Hutchenrider, Town Clerk 4 si �.I,; t.:.. 2 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998413A-Pyle Variance to Section 2-3.6 Number of Buildings Allowed Per Lot Summary: GrafrMd with Conditions Petitioner. Oden Pyle Property Address: 740 Church Street,West Barnstable Assassor's Map/Parcel: Map 154, Parcel 005 Area: 2.60 acres Building Area: Main Residence-2,770 sq.ft.,Garage/Sam Structure-672 sq.ft, Zoning: RF Residential F Zoning District Groundwater Overlay: WP Well Protection District Background: The property that is the subject of this appeal consists of a 2.60 acre lot that is presently improved with a one-story, 2,770 sq, ft.single-family dwelling and a 672 sq.ft.detached garagelbarn structure', it is located within an RF Residential F Zoning District. in December of 1983, the Zoning Board of Appeals granted Special Permit No. 1983-106 to allow a family apartment to be built above the existing garagefbam. A family apartment was subsequently built by the owner at that time,Thomas A. Dewire. The property was sold in 1989 to Bruce B. McQuaid,who sold it to the current owners in 1993. The family apartment provisions of both the 1983 Zoning By-law and the current Zoning Ordinance require that the kitchen facilities be removed within 60 days from the date the person or persons residing in the family apartment vacate the premises and that the premises be restored as nearly as possible to their original character before the creation of the family apartment. Evidently, this was not done. The applicant should be prepared to document the use of the apartment unit since its creation in 1983. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. Also, the only principal permitted use in the RF zoning clasaification is detached single-family residential dwellings. The applicant is applying for a Variance to Section 2-3.6 Number of Buildings Allowed Per Lot and Section 3-1.4(1)(A) Principal Permitted Uses. In the altemative,the applicant is also applying for a Variance to the family apartment provisions of the Zoning Ordinance, Section 3-1.1(3)(0). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 10, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The According to assessor's records dated 09/23/98 60 3SVd &10d �a NOSNIIS Z99306b809 LO:VT 866T/6T/TT QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 12/03/97 PARCEL ID 154 005 GEO ID 8831 LOT/BLOCK DBA PROPERTY ADDRESS OWNER PYLE 40 CHURCH STREET ODEN FLETCHER & PYLE SHIRLEY J W BARNSTABLE BOX 457 WEST BARNSTABLE MA 02668 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 113256 OPER/MGR NAME WET LANDS MULT ADDRESS USE 109 PROTECT DIST WP (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT a 9A E . r � f i � I f Jf R1 54 005. ) LOCJ0040. . CHURCH STREET CTY. )05 TDSJ 500 IJE KEY] 88318 ----MAILING ADDRESS------- PCAJ1011 PCSJ00 YRJOO PARENTJ 0 nCQUAID, LRUCE L' nAPJ AREAJSOAC JV) P23-GJ0000 40 CHURCH ST SPIJ SP2) SP3J UTIJ UT2J 2.60 SQ FTJ 2198 REST BARNSTABLE IAA 02668 AYL)1963 EYBJ1970 OL'SJ CONSTJ 0000 LAND 104300 IMF 206000 OTHER 17700 ----LEGAL DESCRIPTION---- TRUE M T 328006 REA CLASSIFIED #LAND 1 104,300 ASD LND 104300 ASD IMP 206000 ASD OTH 17700 #LLDG(S)-CARD-1 1 1650600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #OTHER FEATURE 1 17,700 TAX EXEMPT #PLDG(S)-CARD-2 1 40,400 RESIDENT'L 328000 328000 328000 #PL 40 CHURCH ST OPEN SPACE #RR 0308 024.I COMMERCIAL INDUSTRIAL EXEMPTIONS SAL'EJ09189 PRICEJ 314500 OREJ68671239 AFDJ I LAST ACTIVITYJ04103191 PCR)Y r Joseph D. DaLuz Telephone: 790-6227 Building Commissioner TOWN OF BARNSTABLE BUILDING DEPARTMENT TOWN OFFICE BUILDING HYANNIS , MASS. 02601 October- 22 , 1990 Mr. Bruce McQuaid 76-82 West Rutland Square #502 Boston, MA 02118 Re: Family apartment located at: 40 Church Street , West Barnstable, MA Dear Mr. McQuaid: It was the understanding of this office in October , 1989 , that you intended to apply for a Special Permit for the above referenced illegal apartment: Our records indicate that , as of this date, you have not yet done so. Therefore , the kitchen facilities must be removed from this unit . Please contact this office immediately to schedule an Inspection of . this property. Should you fail to do so , I will assume that a zoning violation exists and appropriate action will be taken. Please be advised that this office shall strictly enforce the provisions of the 'Zoning By-law. -Conviction of e: a violation of this by-law is subject to a fine of $I00 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. Peace , Je7phD. Da hu Building Commissioner a JDD:km cc Attorney Richard M. Cotter I' Zoning Board of Appeals Town Attr,rnpir McQUAID , Bruce B . WILSON, ORcm-r, COTTER & GREENBERG, P.C. COUNSELLORS AT LAW 201 GREAT ROAD ACTON,MASSACHUSETTS 01720 PHILIP A.WILSON,(1938-1967) (508)2644770. CHARLES E.ORCUTT,)R (617)890-2239 RICHARD M.COTTER TELECOPIER DANIEL B.GREENBERG (508)263-7142 October 31, 1989 Joseph D. DaLuz Building Commissioner Town of Barnstable Town' Office Building Hyannis, MA 02601 Re: 40 Church St. , West Barnstable, MA Dear Mr. DaLuz: This will confirm our telephone conversation of October 26, 1989. I have given Kathy Malloney the address of Mr. McQuaid. As discussed, Mr. McQuaid has copies of your letter regarding the apartment over the garage. He plans to go to the Board of Appeals for a renewal or continuation of the Occupancy Permit. In the meantime, he will not have to remove the kitchen facilities in the apartment. Please call if you have-any questions. Very truly yours, 1� Richard M. Cotter ), RMC/lo cc: Bruce McQuaid Sieglinde Hughes. R 154 005. LOC 0040 - CHURCH STREET CTY 05 TDS 500 WB KEY 88318 ----MAILING ADDRESS---------- PCA 1011 PCs 00 YR 00 PARENT o MCOUAID, BRUCE B MAP AREA SOAC iv MTG 0000 76-82 WEST RUTLAND SO #502 SPI S:)P2 SP3 UT I. UT2 60 SO FT 2198 BOSTON MA 02118 AYB 1963 EYD 1970 OEM CONST 0000 LAND 104306 IMP 206000 OTHER 17700 ----LEGAL DESCRIPTION---- TRUE 'MKT 328000 REA CLASSIFIED #LAND 1 104, 300 ASD LND 104300 ASD IMP 206000 A60 OTH 1770o #BLDG(S) -CARD-1 1 165, 600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #OTHER FEATURE 1 17, 700 TAX EXEMPT #BLDG(S) -CARD-2 1 40, 400 RESI DENT-L 328000 328000 328000 #PL 40 CHURCH ST OPEN SPACE #RR 0308 0241. COMMERCIAL INDUSTRIAL EXEMPTIONS SALE 09/89 PRICE 314500 ORD 6867/239 AFE, LAST ACTIVITY 01/08/90 PCR Y Joseph 0. DaLuz Telephone: 775�1 120 r Building Commissioner Ext. 107 TOWN OF BARNSTABLE BUILDING DEPARTMENT TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 11 , 1989 Mr . Bruce McQaid 7682 West Rutland Circle Boston, MA 0211E Re: Family apartment at 40 Church Street, West Barnstable, MA Dear Mr. McQaid: Please find enclosed a copy of a letter , to The Estate of Thomas A. Dewire, III , re a family apartment located at 40 Church Street, West Barnstable, MA. I have recently been informed that you are the owner of this property, to which a family apartment was authorized ( in accordance with Section V, "Family Apartments" of the Town of Barnstable Zoning By-law) in 1983 . The Town's zoning by-law permits family apartments in accordance with certain provisions. Since you have just purchased this property, -it is -important that you understand the limitations. I strongly suggest that you contact our office or your attorney to assure zoning compliance. Welcome to our town. Peace, PJ s h D. Da uilding Commissioner JDD/km cc: Richard M. Cotter, Esquire enclosure r is Joseph 0. OaLuz Building Commistioner Telephone: 775-1120 Ext. 107 TOWN OF BARNSTABLE BUILDING DEPARTMENT.. TOWN OFFICE BUILDING HYANNIS,. MASS. 02601 i September 20, 1989 The Estate Of Thomas A. Dewire, III C/O Thomas George, Esquire 776 Main Street Hyannis , MA 02601 Re: Family Apartment Dear Attorney George: On December 29, 1983 , a special prmitto Tho DeWire, III to allow a family apartmentwas aboveaaneexistingmas garage/barn on his property located at 40 Church Street, West Barnstable, MA. (See Section V, "Family Apartments" in the Town of Barnstable Zoning By- law. ) The,.'�y-law permits accommodations for- a kitchen and bath to s46Ply a year-round residence for a member or members of the Property owner's family for whom the special permit Said permit is non- transferrable and any and all sales negated the special permit. Any similar use can onl Board of Appeals if conditions so warrant, y be granted by the Section 3-1 . 1 (3) (0) of the By-law further states that within sixty (60) days from the date the person or the family apartment. vacate the the residing in or his representative shall remove the kitchen sfacilitiese ownerand 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 ttlis matter, pleasy fee'I free to call . _>sepli D. DalEuz Bkj i 'l d i ng Commissioner JDD/km cc Board of Appeals Town Counsel 25IIS a TOWN OF BARNSTABLE J �~ ,� � BUILDING DEPARTMENT �f� 367 MAIN STREET (Nl� HYANNIS,MASS.02601 2u OCT s Mr Bic f e B. . McQuai.d I j E�FGtiFo #v02 tt Y�0 d Square. Sfv f SEN�fq dfq B o��Jt MA 18 1 Al I I i i r 'n USA 25 '. ,,'TOWN OF BARNSTABLE BUILDING DEPARTMENT ' " S 367 MAIN STREET IV P w` S f t ` HYANNIS,MASS.02601 ti �� O`)C- Mr. . /9 8g Bruce McQuaid 76-82 West Rutland Square R r #502 MA 02118 �jo9yo Boston , 9 i r ` i ,� �- . . _ , ' � �� . � �. �,, �, � �, i ._. i -, I , � J f 4 _M7 L J I_R 1 4 U c_i 5 n a i._.I:IIm'::I0040 :::;-Ii_Ih'CH ^ _ ;ET CTVlb5 ..I_j_IS3 500 we KE_Y::I 8830- MAILING ADDRESS-----•---•-••-- i='I_A 3 1 i i l 1 PCS:1 i ii s Yk 3 0 i PAREN•T 3 G DEW IRE, "I"P-HOIAS ORD A MAP] ARE=A380AI_ ..V3 M-L•0:: 910,2: WEST fti 1-1..i L.Fi N i! SO *502 _ f•1. **f i,_I"I':c'_3 2.60 SO F..f::! 2 1 9 BI`IS..1..O N MA 02118 A YB 3 19 63 E_Y;w-s] :i 17 0 i;IB`.3 CI.Ir`ST J 0{)00 WND 104300 IMP 206000 OTHER 17700 ---_ -EOA _ DESCRIPTION---- TRUE MKT '" -Cii REA CLASSIFIED #L.AfuD 1 104, 300 APO LNit 104300 A_LI IMP 20r.::,000 ASP iITH 17700 *Bi-DG(S)-CARD-1 1 165, 600 L:IE';t_:l;Tl"-''TION TAX YR CURRENT EXEMPT TAXABLE #OT1"1ER FEATURE 1. 17, 700 'TAX EXEMPT OBL.D (S)--CAf-'tD....:c: 1. 40, 400 1 DES I DE:NT•'L_ 328000 a00 32800o ='`:"-•�i�0(..) �L PL 40 i�HI_IF<I_H c=T I�P N 'E PACE'' - _ ##'Sa 06/81 24 $00100 iii 1: I_iI1"lMFRC:LAI_ , 1`#RR 0 300 0241. INDUSTRIAL SAl._L` :i(j0/00 PRICE] I:iI:1As3_;=,ci iC•9 AFD3 LAST A:..1..1.Vi .1-.Y309i13i::9 PI: FfaY a+� aLt&� Lai W U i .� . . �' `� � � . . . � � � ,� �� ,� � � � � � � � � � _ p . ' - � _ . 1" `1 f Joseph D. OaLuZ Telephone: 775-1120 Building Commiszit)rjer Ext . T07 TOWN OF BARNSTABLE BUILDING DEPARTMENT TOWN OFFICE BUILDING , HYANNIS, MASS. 02601 October 11 , 1989 Mr . Bruce Mc 0a i d 7682 West Put I._7nd C I re I e Boston, MA U2i18 Re: Family apartment at. 40 Church Street, West Barnstable, 'MA Dear Mr. McQaid: Please find enclosed a copy of a letter , to The Estate of Thomas A . Dewire, 1II , re a family apartment located at 40 Church Street, West Barnstable, MA. I have recently been Informed that you are the owner of this property, to which a family apartment was authorized ( in accordance with Section V, "Family Apartments" of the Town of Barnstable Zoning By-law) in 1983 . The Town' s zoning by- law permits family apartments in accordance with certain provisions . Since you have Just purchaseu this property, it is important that you understand the limitations . I strongly suggest that you contact our office or your attorney to assure zoning compliance. Welcome to our town. Peace, J s h D. Da ilding Commissioner JDD/km cc : Ric riard M. Cotter , Esquire enclosure r A Igfiomas ,--M. !3eoa9e ATTORNEY AND COUNSELOR AT LAW 776 MAIN STREET HYANNIS, MASSACHUSETTS 02601 508-775-5386 October 5 , 1989 Mr Joseph D. DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis , MA 02601 Dear Joe: With regard to your letter of September 20 addressed to the Estate of Thomas A. Dewire III and which addressed the question of family apartments , be advised that the Estate sold the property at 40 Church Street , West Barnstable on September 1 , 1989. The new owner is Bruce McQaid, 7682 W. Rutland Circle, Boston, MA 02118 and he is represented , by Richard M. Cotter , Esquire, 201 Great Road, Acton, MA 01720. (1_,,?611"4/7-70) Very truly yours , Th s Geo) -�r )ee TNG:cm cc : Richard M: Cotter , Esquire I t Joseph D. DaLuz Teleph 775r-1120 Building Commiss one: ioner oneExt 107 TOWN OF BARNSTABLE BUILDING DEPARTMENT . TOWN OFFICE BUILDING ' HYANNIS,. MASS. 02601 September 20, 1989 The Estate Of Thomas A. Dewire, II1 C/O Thomas George, Esquire 776 Main Street Hyannis , MA 02601 Re: Family 'Apart.ment Dear Attorney George: On December 29, 1983, a special permit was .granted to Thomas DeWire, III to allow a family apartment above an existing garage/barn on his property located at 40 Church Street, West Barnstable, MA. (See Section V, "Family Apartments" in the Town of Barnstable Zoning Ely- law. ) The.-Iy-law permits accommodations for- a kitchen and bath to so- ply a year-round residence for a member or members of the property owner's family for whom the special permit was granted.— Said permit is non- transferrable and any and all sales negate the special permit. Any similar use can only be granted by the Board of Appeals if conditions so warrant. Section 3-1 . 1 (3) (D) 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 tri i s matter, pl easy feel free to call . Peace, �l ,. J/eph D. Da Luz . 7" Building Commissioner JDD/km cc Board of Appeals Town Counsel OILA.- _ a/2 y �� '�°�' mcr�i.�— G�� '�r� L�-�" ,� J LED p Joseph D. DaLuz Telephone: 775-fl-20" Building Commissioner Ext. 107 _ h TOWN OF BARNSTABLE BUILDING DEPARTMENT TOWN OFFICE BUILDING HYANNIS, MASS. 02601 April 19, 1989 Thomas A. Dewire, Third 40 Church Street West Barnstable, MA 02668 Re: Appeals No. 1983-105 Dear Mr. Dewire: On December 29, 1983 , 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, J s ph Building Commissioner JDD/km cc Board of Appeals Town Counsel 95 DEPT. LE 0 OY./WSH E-FIELD COPY/YELLOW-APPLICANT COPY BUILDING' oa , f a TOWN OF BARNSTABLE, MASSACHUSETTS PERMIT . VALIDATION A=154-005 September 18 84 � �: .- • 26984 Owner DATE 19 PERMIT NO. _ c APPLICANT ADDRESS (NO.) (STREET) (CONTR'S LICENSE Remodel garage to family apartment Frame NUMBER of l PERMIT TO (_T STORY DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) ' ChurchStreet, West Barnstable ZONING RF AT (LOCATION) DISTRICT (NO.) (STREET) BETWEEN AND I (CROSS STREET) (CROSS STREET) j LOT I, SUBDIVISION LOT BLOCK SIZE i BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT-AND SHALL CONFORM IN CONSTRUCT TO TYPE '' USE GROUP BASEMENT WALLS OR FOUNDATION '(TYPE) -'. , . Sewage #84-830 Variance 1983-105 REMARKS: 'AREA OW �No area change 5,000 PER M IT 25.00 VOLUME ESTIMATED COST $ FEE (CUBIC/SQUARE FEET) ' Tomas DeWire III 1( OWNER 40 Churcri tit. , west barnstabie BUILDING D E P!::: 1DDRESS BY C MAS III 1 "' "�fs ' ''',' y s s'�^., a�„w,:r•.,,r".: 'r� - ,rr; ^ FEE \ TOWN OF BARNSTAbLE, 'MASS. . i•. O G O . �IC!t'f.SrY1FXY' 7 19 (51 Q � m THIS I S TO CERTIFY THAT A P' h ERMIT IS HEREBY GRANTED TO tF h Z C _................................a..?�.... ..`....._c1E`�"31.G_y.._. . ........_..._...._..._..._..__..------------.... ............_._..I1�er.e....��^.�nn�� - r....--- U )PROPERTY OWNER) (ADDRESS) ' TO .........._............................... f3u�..4 .... .Xw ._..__.._. ___...........:...:......................._.............:.........................' ..__........: ._.......:,.�..._......_._......... a:1. • d O:.. (BUILD) (ALTER) )REPAIR) »»•.•»•»..»--» .....................................................r.:c.....s:� n�.-- _._......__ rr j1 t — O ._. ....:.: .......:..... _. . (TYPE OF BUILDING) (APPROXIMATE SIZE) 0 M,6 LOCATION ................._. CTEStLrCkl StX'e,e h/�'S.. .. �Lt.a1� rG ..........__._......._.__ ....._....._..._...._._ .& (STREET AND NUMBER) •'�. _ y,�.'.h;`;., (VILLAGE) ' NAME OF BUILDER OR CONTRACTOR Pt, APPROXIMATE COST __.__..__...._...._1�8 500 .. I HEREBY AGREE TO CONFORM-TO ALL`T.HE`RULES-AND REGULAT,IONS",OF'THE TOWN BARNSTABLE, REGARDING THE ,ABOVE "CONSTRUCTION}''. }:. _ ............................................................... _----_.._ .. )OWNER) , "._....... ICO NTRACTORI h All,basements MUST be in- ••sulated to conform to Art. j�) r ��r',•r .�i fjii 22 of the State energy code. '_ _ "...`__" i" 4 7L, „+ ^^—__^ _•-.. BUILDING INSPECTOR a Subject to Approval of Board of-Health. - 4 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: AFFIDAVIT I • being on oath, depose and state as follows : 1 . ) I reside at 2 . ) I am the owner of the property located at shown on Barnstable Assessors ' Maps as : I Map , Lot 3 . ) On 19 the Zoning Board of Appeals, on Appeal No. 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: Relationship to Owner:i 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 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 19 (Signature) (Please Print Name) : TOWN OF BARNSTA A 1 i 1 s s. Zoning Board of Appeals JAid -3 AMA[) 25 THOMAS A: DEWIRE. ............._ -._._.._ .._..._ _ . _......._._. _.__. ............ ..._...._.._ Deed duly recorded in the _.._.............._...__ ._ _._...._ .... Property Owner SAME County Registry of Deeds in Book _......._..--.. - __................................_...._....._................................._................w......__.._.-._....._ Page __..........._. .., _ _. _. ,_....._.. Petitioner District of the Land Court Certificate No. ...................... .__......_._ .... Book __..__..:.._.... Page -...__...... 1983-105 January84 AppealNo. .._._ ..............................................................' _..... 19 FACTS and DECISION Thomas A. Dewire November 10 83 Petitioner ..... ................._.. ...-..._.......................... filed petition on ..........................:................... ]� , requesting a WO(XYftermit for premises at .__......4O Church Street g ..........................................................:.................._............. in the village (Street) Of _._ ,W.. Barnstable , adjoining premises of (see attached list) Locus under consideration: Barnstable Assessor's Map no. 261 lot no. 5 Petition for Special Permit Application for Variance: ❑ made under See. ..................._................................... of the Town of Barnstable Zoning by-laws and Sec. .......................-...._.......... .............--..................................._.............._...... Chapter 40A., Mass. Gen. Laws for the purpose of _..........Fami ly-apa.rtment in an Locus is presently zoned in............... RF......_ _..........................................................................................................._....._...... _ .-.__........_ 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 filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at ... .._8 . 0__ XX P.M. December 1 , _„_,,._,, ____,_, .. 19 81 upon'said petition under zoning by-laws. Present at the hearing were the following members: Richard L. Boy Gail Nightingale Luke P. Lally _.._._..__._ M....__.. __._.�...............-.._.........._ _ -.._...._..._ __..„ _ _.._M.._ _ ...-_......._.._ ..._...... ..._.._......_._...............-............. _..w Chairman r f�.-. n88YF$'�"�A%4iYSidST:+a✓QS(Yhi:.:i?:�tiY'IeLC y�f�}Y.�J...y...�.f�:lrfw.i'1.�L�v.: --.. " At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No..-.. 1983_1.05 ...... Page _.?.._.___ of . ._...__.._...._ On __ December 29,, lg ,8 The Board of Appeals found .Mr. Thomas Dewire presented his petition to the Board fora Special Permit to allow a family apartment at 40 Church Street, West Barnstable in a Residence F zoned district. The petitioner would like to create a small apartment above an existing garage/barn on his property for his daughter. The petitioner feels that he complies with Section Five of the Zoning-.By-jaws, - in that it will be used as a primary residence by a family member only. There are no bathroom facilities, no water or septic system at present. Mr. Elliott Mac Swan, Chairman of the Old King's Highway spoke with reference to the appeal — Mr. MacSwan told the Board that in October 1981 , Mr. George- Blakely appeared before the OKH Board as a representative of the petitioner. Mr. Blakely. was given permission to build a building with a' straight roof (garage) with two .skylightsi, however, it was later called to the attention of the OKH that the building that._was .erected was. not in:•compliance with the original plans, and a cease and desist was: ordered. The petitioner told the Board that the design of the building was altered without his knowledge.. There has been nothing done further to the building and that is the way it remains at the present time. The Board voted to view the premises before making a decision. The Board voted unanimously to grant the petiti.oner a Special Permit for a family apartment, as he meets all the requirements for a family apartment. H�.!!1 .._..-_....._'a. ?.0. _._._..._ ...........(.TS5....'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 ........:2.3 .. day of ..............._................ ................_................. 19 _ ..{...._.... under the pains and penalties.of perjury. Distribution:-- PropertyOwner .......................................................................__.w._. Town Clerk ,Board of Appeals Applicant Town of aTntabl Persons interested Building Inspector /J — / Public Information By . ... . 1 .._ _. _ Board of Appeals Chairman G4 s� R 154 005. A P P R A I S A L D A T A KEY 88318 REWIRE, THOMAS 3RD A LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 104, 300 17, 700 206, 000 2 A—COST 328, oOO B—MKT 213,900 BY 00/ BY FR 2/85 C—INCOME PCA=1011 PCS=00 SIZE= 2198 ,JI IST—VAL 328, 000 LEV=500 CONST—C 0 ----COMPARISON TO CONTROL AREA 80AC -- --MAY NOT BE COMPARABLE-- NEIGHBORHOOD 80AC WENT BARNSTABLE PARCEL CONTROL AREA TREND STANDARD 101 10 LAND—TYPE 1043001 LAND—MEAN . +0% 3280001 99229 IMPROVED—MEAN +108% 25% I FRONT—FT 11 100 DEPTH/ACRES TABLE 02 10��%] LOCATION—AD.J APPLY—VAL—STAT 1 LNR7LAND LFT/IMPIADJS/SB/FEAT STR]STRUCTURE ARRIAREA—MEASUREMENTS NORINOTES COMIMARKET INCaINCOME PMRIPERMITS GRRIGRAPHIC FUNCTION—C I STRUCTURE—CARD NO-10001 DATA—[ I XMTC? a C 3CR154 005. 3 LOC 3 0040 CHURCH STREET C:TY 3 0 5 TDS 3 500 WB KEY 3 `83.18 ----MAILING ADDRESS------- - PCA31011 PCB:;300 YR300 PARENTS 0 DEW I RE, THOMAS 3RD A MAP 3 AREA 3_0AC _IV 3 MTG 3 0000 40 C:H IRC:H. ST :_,P 1 3 SP :3 SP:3 3 UT 1 3 I IT2 3 2.60 SQ FT 3 2198 W BARNS.TABLE. .. MA 0266.8 AYB 3 1'?6 3 EYB 3 1970 OB S 3 CONST I 0000 LAND 1 c 4 300 IMP 206000 OTHER 17700 ----LEGAL DESCRIPTION---- TRUE MKT 328000 - REA CLASSIFIED #LAND 1 104, :300 ASD LND 104:300 ASD IMP 206000 ASD OTH 17700 #BLDG(S)—C:ARD-1 1 165, 600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #OTHER FEATURE 1 17, 700 TAX EXEMPT #BLDG(S)—CARD-2 1 40,400 RES I DENT'L 21`3900 328000 328000 #PL 40 CHURCH ST OPEN SPACE #S 1 06/81 24 $00010000 I COMMERCIAL_ #RR 030f=—: 0241 INDUSTRIAL EXEMPTIONS SALE300/00 PRICE] ORBS_=.08//-9 AFD3 LAST ACTIVITY300/00100 PCR3Y.- MICHAEL D. FORD,.sESQUIRE A'IT®RNEY AT LAW; 72 MAIN STREET P.G.BOX 665 W. HARWICH, MA. 02671 TELEPHONE(508) 430-1900 TELEFAX(308)430-8662 DATE: 9 TELECOMMUNICATION INFORMATION SHEET PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Gloria Uienas Recipient's Name AMilding DeRt. Company Telephone Number 508-790-§230 Telecopier Number THIS MATERIAL IS FROM: Mike Ford (Debbie) sender's Name Company (508) 430-1900 Telephone Number (5081 43Q-8662 Telecopier Number TOTAL PAGES (not including cover) IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL SENDER'S TELEPHONE NUMBER AS SOON AS POSSIBLE. »»REMARKsaK .NOTICE OF CONFIDENTIALTPY« THIS TRANSMITTAL MAY CONTAIN INFORMATION THAT IS FRIVILEGED AND CONFIDENTIAL AND IS INTENDEDONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS TRANSMITTAL IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR THE AGENT RESPONSIBLE FOR DELIV ERINO TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DI!S RIIIV`nON OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN MMOR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE IMMEDIATELY TO ARRANGE FOR INSTRUCTIONS AND ADVICE. 10 39Vd C603 NOSNI1S Z9980EV809 9E:LZ b661/0Z/Z0 MIC14AEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 665 W. HARWICH, MA. 02671 TELEPHONE (508)430-1900 TELEFAX (508)430-8662 August 12, 1998 via fax 508-778-2412 Jack Gillis, Supervisor of Consumer Affairs School Administration office 230 South Street Hyannis, MA. 02601 Re: Town of Barnstable v Oden Pyle/40 Church St. , W. Barnstable No. 9825AC10578 Dear Mr. Gillis: Per your telephone conversation this date with my office, enclosed please find a letter directed to the Barnstable First District Court requesting a continuance of the above-referenced matter. It is my understanding that you will assent to said request for continuance and, hand deliver, this letter to the Court tomorrow. As always, I appreciate your cooperation and assistance. very t urs, ichael D. Ford MDF/djw CC: Gloria Urenas, Zoning Enforcement Officer/Building Dept. Z0 39Vd GK0 a NOSNIIS Z99806PBOS SELL b66T/0Z/T0 a 12249 i .a. Town of Barnstable Zoning Board of Appeals .Decision and Notice Appeal Number 18811-113A-Pyle Variance to Section 2-3.6 Number of Buildings Allowed Per Lot Summary: Granted with Conditions Petitioner: Oden Pyle Property Address: 740 Church Street,West Barnstable Assessors Map/Parcel: Map 154,Parcel 005 Area: 2.60 acres Building Area: Main Residence-2,770 sq.ft.,Garage/Barn Structure-872 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: WP Well Protection District Background: The property that is the subject of this appeal consists of a 2.60 acre lot that is presently improved with a one-story,2,770 sq.ft. single-family dwelling and a 672 sq. ft. detached garagelbam structure'. It is located within an RF Residential F Zoning District. In December of 1983,the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a family apartment to be built above the existing garage/bam. A family apartment was subsequently built by the owner at that time,Thomas A. Dewire. The property was sold in 1989 to Bruce B. McQuaid,who sold it to the current owners in 1993. The family apartment provisions of both the 1983 Zoning By-law and the current Zoning Ordinance require that the kitchen facilities be removed within 60 days from the date the person or persons residing in the family apartment vacate the premises and that the premises be restored as nearly as possible to their original character before the creation of the family apartment. Evidently,this was not done. The applicant should be prepared to document the use of the apartment unit since its creation in 1983. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. Also,the only principal permitted use in the RF zoning classification is detached single-family residential dwellings. The applicant is applying for a Variance to Section 2-3.6 Number of Buildings Allowed Per Lot and Section 3-1.4(1)(A) Principal Permitted Uses. In the attemative,the applicant Is also applying for a Variance to the family apartment provisions of the Zoning Ordinance, Section 3-1.1(3)(D). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 10, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters In accordance with MGL Chapter 40A. The According to assessors records dated 09/23/N r • 11K I less P(3297 68311 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-113-Pyle Variance to Section 2-3.6 d Section 3-1.4(1)(A),or In ft alternative a Variance to Section 3-1.1(3)(D) hearing was opened October 7, 1998, at which time the Board granted a Variants to Section 2-3.6 with conditions. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Richard Boy,Tom DeRiemer, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the Petitioner,Oden Pyle,who was present along with Edward Kelly, Registered Land Surveyor. Attorney Ford submitted a memorandum to the file in support of this appeal. Attorney Ford reported there is a main house and a detached garagwbam structure with a one room apartment in the upper level. The prior owner applied for and was granted a Special Permit for a Family Apartment in the garagetbam structure. Over time,the bam was rented to non-family members. The current owner, Oden Pyle, bought the property in 1993,and at that time,there was a tenant In the barn. Recently,they were told by the Building Department that they were renting the apartment Illegally because it was not being used as a Family Apartment and was rented to a nonfamily member. In an effort to comply with zoning,the applicant explored the Idea of dividing the land and they hired Mr. Kelly to prepare a series of plans for dividing the property. Three different plans were drawn. Mr. Ford explained(in detail)the different plans and the ramifications of each plan. After reviewing the plans and the recommendations of the Planning Board, Mr. Ford advised Mr. Oden to seek relief from the Zoning Board of Appeals rather than subdivide the land which would also require the construction of a road. There are two separate principal dwellings on one lot and the applicant is seeking a Variance from Section 2-3.6 of the Zoning Ordinance which limits the number of buildings albwed on a lot. He is willing to have the Zoning Board of Appeals impose a restriction In their Decision that the relief granted is contingent upon a restriction prohibiting the property from being divided or subdivided while the rights under the Variance are being exercised. This would be better than cutting up the land,cutting down trees and destroying over 70 feet of an old stone wall that exists.on the property. Attorney Ford submitted a letter from Chief John P.Jenkins of the West Barnstable Fire Department. The letter states the barn apartment has been used as a rental unit and rented twice in the past for former members of the fire department resulting in a great advantage to the department due to its close proximity to the station. He strongly endorses the continued usage of the garage apartment and this request to legalize the use. Pursuant to MGL Chapter 40A, Section 10,Attorney Ford discussed the Variance Conditions. This lot has unique circumstances and resulting hardship. The topography of the parcel is unique in that it slopes from the front to the rear over 15 feet in grade. As a result of this topographical condition on the lot,the requirement that a road be put In place in order to divide the parcel would result in a financial hardship to the Petitioner. Also,there is an old, large stone wall In front that would have to be destroyed for the construction of a road to the back lot. The relief may be granted without substantial detriment to the public good because the utilization of this 2.6 acre parcel for a single family home and an existing apartment would result in a less intense use than to divide the parcel Into two smaller lots each with its own dwelling. The granted relief would not derogate from the intent or purpose of the Zoning Ordinance because the applicant is willing to have a restriction put in place stating he will not divide the land as long as the rights under the Variance were being exercised. As to the relief requesting a Use Variance to Section 3-1.4(1)and in the alternative a Variance to Section 3-1.1(3)(D), Attorney Ford stated if the Variance to Section 2-3.6 Is granted,the other relief is not needed. For clarification,each structure has a separate septic system and(in Mr. Kelly's opinion)both systems would pass inspection. Both dwellings share one well. 2 I 1 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-113-Pyle Variance to Section 2-3.6 3 Section 3-1.4(1)(A),or In the alternative a Variance to Section 3-1.1(3)(D) The interior of the barn was discussed. Mr.Oden reported the second floor of the barn Is one large room with a kitchen and bed and small bathroom. The bottom is the garage-one big room-entered by two garage doors with a small bathroom(toilet only). Public Comment: No one spoke in favor or in opposition to this appeal. Board Member Gail Nightingale was concerned because there was previously a family apartment and now the applicant is seeking to legalize it as a separate dwelling unit which is not the intent of the Family Apartment Permit. This would set a bad precedent. Attorney Ford explained that the locus Is unique because this parcel can be subdivided,and have two separate homes,which is not the case in other Family Apartment Permits. However, in his opinion, it Is a better use of the land not to subdivide the property and build a road but rather grant the Variance relief- which is not a Use Variance-but a Variance to the number of buildings allowed per lot. j Board Member Elizabeth Nilsson stated if the relief were limited to the single family home,and the one apartment as it now exists, she would rather grant the Variance requested than divide the land. Findings of Fact: At the Hearing of October 7, 1998,the Board voted on the following findings of fact as related to Appeal No. 1998-113. 1. The applicant,Oden Pyle,is seeking a Variance to Section 2-3.6-Number of Buildings Allowed Per Lot. 2. The property address is 740 Church Street,West Barnstable,MA,as shown on Assessor's Map 154, Parcel 006. The site is 2.60 acres. The Main Residence Is 2,770 square feet and the Garage/Barn Structure is 672 square feet. 3. The site is located in the RF Residential F Zoning District and the WP Well Protection Overlay District. 4. In 1983, the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a Family Apartment to be built in the garage/barn structure. A family apartment was built by the owner at that time. 5. The applicant bought the property with the apartment as it now exists and has maintained the apartment. It has not been used as a Family Apartment, but rather rented illegally to nonfamily members. 6. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. 7. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. However,the locus is unique in that the parcel is 2.6 acres which is more than the one acre per lot required In the Zoning Ordinance. 8. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance because the applicant has stated he will not increase the buildings beyond their present footprints. 9. As a result of the sloping topographical condition on the let and an old stone wall,the requirement that i a road be put in place in order to divide the parcel would result in a substantial financial hardship to the Petitioner. These are unique conditions that exist that affect the locus and a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,financial or otherwise to the petitioner. 10. According to the Health Department,the septic system for the apartment unit is approved for one bedroom. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: Thomas DeRiemer 3 8 >S PG299 88311 r Town of Barnstable-Zoning Board of Appeals-Decision and Notke Appeal Number 1998-113-Pyle Variance to Section 2-3.6 a Section 31.4(1)(A),or In the altemative a Variance to Section 3.1.1(3)(D) Decision: Based on the findings of fact, a motion was made and duly seconded to grant the relief being sought in Appeal Number 1998-113 for a Variance to Section 2-3.6 subject to the following terms and conditions: 1. There shall be no further division or subdivision of the property. 2. Both the apartment unit and the main residence shall not be expanded in area or foot print without approval from the Zoning Board of Appeals. 3. The apartment unit will be a one bedroom apartment only. 4. The septic systems on the property shall meet current Title V requirements without variance from the Board of Health. 5. All regulations of the Building Division, Health Division and Fire Department shall be met. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson,Thomas DeRlemer,and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1998-113,the Variance to Section 2-3.6 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, it any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the To Clerk. • AV' A0 —, 1998 Emmett Glynn,Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed In the office of the Town Clerk. —:-� �j OF Signed and sealed this y� �Si � r -\g [/ day of a the ins 8 na ' of ' Linda Hutchenrid r,Tokin Clerk 4 ReMo mapper owned awner2 addr m 113 city state zap 453 003 BARNSTABLE, TOWN OF (CEM) 367 MAIN STREET HYANNIS mA 02601 P53 004 003 BRIDGES, CHARTES G 6 BETTY BOX 243 E SANDWICH NA 02537 4A30 016 CONROY, JAMES P 6 NANCY E 29 CHURCH ST WEST BARNSTABLE KA 02668 54 003 002 HOEANS, ERIC H PO BOX 546 W BARNSTABLE NA 02668 f� 4 004 MERRITT, EARLE P i STARR, JANE 20 CHURCH ST W BARNSTABLE MA 02668 �A4 005 PYLE, ODEN FLETCHER 6 . PYLE, SHIRLEY J BOX 457 WEST BARNSTABLE 14A 02668 !� B/15 004 004 REYIAR, G� J 59 CHURCH ST N BARNSTABLE NA 02668 �. 3 004 002 SISSON, PAUL A 6 JANET A 45 CHURCH STREET W BARNSTABLE MA 02668 154 007 SYLVIA, SHEn A E TRS 10NNETH H JURES TRUST 72 CHURCH ST W BARNSTABLE MA 02668 .1J so�017 NEST PARISH CONGREGATIOML CHURCH ST W BARNSTABLE MA 02668 I i i f , I i 3 P(33(31 86311 Proof of Publication Te w of■aretelabM ZonkV load of Apta moves,of Pub1611-- hni!Ur.&r Tina Uri"Cnd nanee 1br Oetobe,$7.-1M To all persons Interested in,or affected by-the Board of Appeals under Sec.11 of Chapter 40A of the General Lowe of the Commotwvedlh of Massachusetts.and d amendments thereto you are hereby nott ied that 7:30 P.M. Ahem Appeal Number 19W112 Barbara Ahem has applied to the rorkp Board of Appeals for a Vadenee to Section 3.t.4(!A Bulk Regulations-minimum lot We.The Appkw owns tnothlots and wishes to nsetabish the development rights of each lot under the Zoning Ordnencs.The Property Is shown on Assessors Map 273.Parcels 209 and 210Is and commonly addressed as 702 and 714 Old StmwbenyHiO Road(respectively).t+j,r s,Mk.inonRGlResidentWC-1Zor&VDist*L 7:45 P.M. I OW I IS Oder"has aW&dPto the Zoning Board d APPeds for Variance tooSSectionn 2-33 Number of Buildings Allowed Per Lot: Section 34AUXA) Principal Pwr#A d Uses: or in the alternatNs a Vartanco to Section 3-1.10)(D) Fw*Apartment. The ic" seeks per m iselm to utilze a former Famly Apartment as a sepilimle dwafto unit aril maintain two dweltig i olte on ona lot fifth le 2.6 asses In she.Petitions le willing to haws natrktbn placed an lot of'no turthar subdivision a dMsloM se a condition of the requested variance. The pprrooppeerrttyy is shown on Assessors Map 154.Parcel 005 end Is commonly eddrased me 40 Church Street.Weak Barnstable,MA in an RIP Residential F Zoning District. 8:00 P.M. Rosario Appeal Number ISW114 John and Hilds Rosario have petitioned to the Zoning Board d Appeals fora Special Permit pursuant to Section 4-4.2 Nonconformng Lots.TM sale of 3olm of frontage to the sCWW t lot creates a more nonconfomrng lot.The property Is storm on Assessors Map 29I.Parcel 025 and Is commonly addressed am 40o MRchers Way.tfyannis.MA In an RB RssldentW B Zoning dstdrA. 6:15 P.M. Devito Appeal Number 1998.115 John E.Devito has applied to the Zoning Board d Appeals for a Lima Variance to Section 3- I A Principal Permitted Uses to slaw ties conoweill use of the property as a two-femily dweWng In a single IsmRy residential dwal1re district.The property Is shown on Asssssoee Map 289.Parcel 141 and is comrnonty addressed as 15 Starting Road.Hyannis.MA in on Re Residential B Zoning District. 8:30 P.M. Ormpdnt Communications,MB OPS..LLC A�Number 199g116 0mr4m*t C40rewnicatkrms.MB OPS.lLC has petitioned to the o�d Appeals tore Special Permit pursuant to Section 44A(2)Nonconforming Bu or Strucwm Not Used as a single or Two•Famly dwelling and Section 4-4.5(1)Change of a Nonm farming Use to Mother NonconfonrAng Use and/or Section 4-4.5(2)I:xparksian of a Pre Nonconforming Use.The petitions s to attach s pain of'onrd'antennas Or x 18 conders)to the top d an existing woody Cron eade telephone Pole and to plam a 2.6'x 4.9 equipment cabinet within a fenced area on the proud.The sntarna vA not a-r i id the existing height of the pole.However,the existing pole structure does not mast sidsysrd setback mWrements and the current telephone and electric utility uses e**V we nonconforming,The property Is shown on Assessors Map 099,Pamal059 and ie commonly addressed as 224 Cammett Road,Msrstons Mile,MA In an RF Reaidentlel FZonirng District. 8:45 P.M. Morin Appeal Numbs 1996.117 Jacques N.Morin has applied to the Zoning Board of Appeals for a Variance to Section 3- 1.1(5)Bulk Regulations to permit a reduction In dw front yard setback from 100 feet to So feet end the side yard setback from 30 fat to 19 feet.The Property is showrfon Assessors Map 229.Parcel 099 and is commonly addressed as 1358 Falmouth Road(Route 28), Centerville,MA1n an AD-1 Residential 41 Zonkg District. 8;60 P.M. Morin Appeal Number I DWI IS Jacques N.Morin has petitioned to the Zoning Board dAppeab fore Special Poo.. t pursuant to Section 3.1.1(3XA)Conditional Uses.The petitioner is seoWq permission to rend rooms to no more then six(6)lodgers to one(1)multi unit dNaling.The property is shown on Assessors Map229,Parcel099andis commonlyaddrtissedes1356 Falmouth Road(Route 20).Centerville,MA in an RD-1 Residential 061 Zoning District. These Public Hearings will be held In the Heartno Room;Second Floor,NewTown Hall,367 Main Street. Hyamis, Massachusetts on Wednesday. October 07, 1998.Al plane and applications may be reviewed at the Zoning Board of Appeals Office.Town of Barnstable. Planning Department,230 South Street.Hyannis.MA. Emmett Glynn,Chairman Zoning Board of Appeals The Barnstable Patriot September 17&September 24,1998 BARNSTABLE REGISTRY OF DEEDS ca � �� H 521 CMR 24.1 AND 780 CMR 1023.0 AND 780 1 t. k !j 4 I Town of Barnstable Planning Department Staff Report Appeal Number 1998-113 -Pyle Variance to Section 2-3.6 Number of Buildings Allowed Per Lot and Use Variance to Section 3-1.4(1)(A) Principal Permitted Uses, .or in the alternative a Variance to Section 3-1.1(3)(D) Family Apartment Date: October 01, 1998 To: Zoning Board f Appeals From: Approved By: Robert P. Schernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, Associate Planner Petitioner: Oden Pyle Property Address: V40 Church Street,West Barnstable Assessor's Map/Parcel: Map 154, Parcel'005 Area: 2.60 acres Building Area: Main Residence-2,770 sq.ft.,Garage/Barn Structure-672 sq.'ft. Zoning: RF Residential F Zoning District Groundwater Overlay: WP Well Protection District Filed:Aug. 10. 1998 Hearing:Oct.7, 1998 Decision Due:Jan: 17, 1999(this includes a 60-day extension signed by the applicant) Background: The property that is the subject of this appeal consists of a 2.60 acre lot that is presently improved with a one-story, 2,770 sq. ft. single-family dwelling and a 672 sq. ft. detached garage/bam structure'. It is located within an RF Residential F Zoning District` In December of 1983, the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a family apartment to be built above the existing garage/bam. A family apartment was subsequently built by the owner at that time, Thomas A. Dewire. The property was sold in 1989 to Bruce B. McQuaid, who sold it to the current owners in 1993. The family apartment provisions of both the 1983 Zoning By-law and the current Zoning Ordinance require that the kitchen facilities be removed within 60 days from the date the person or persons residing in the family apartment vacate the premises and that the premises be restored as nearly as possible to their original character before the creation of the family apartment. Evidently, this was not done. The applicant should be prepared to document the use of the apartment unit since its creation in 1983. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. Also, the only principal permitted use in the RF zoning classification is detached single-family residential dwellings. According to assessor's records dated 09/23/98. e Town of Barnstable-Planning Department-Staff Report Appeal Number 1998-113-Pyle y Variance to Section 2-3.6&Section 3-1.4(1)(A),or in the alternative a Variance to Section 3-1.1(3)(D) The applicant is applying for a Variance to Section 2-3.6 Number of Buildings Allowed Per Lot and Section 3-1.4(1)(A) Principal Permitted Uses. In the alternative, the applicant is also applying for a Variance to the family apartment provisions of the Zoning Ordinance, Section 3-1.1(3)(D). Staff Review/Comments: Staff would suggest that the most appropriate relief in this case is a Variance to Section 2-3.6 Number of Principal Buildings Allowed Per Lot and a Use Variance to Section 3-1.4(1)(A) Principal Permitted Uses rather than a Variance to Section 3-1.1(3)(D). A Variance to the family apartment provisions of the Zoning Ordinance, in order to permit a separate dwelling unit to be rented out to the general public, would be contrary to the intent of these regulations, which is to allow one additional living unit for a member or members of the property owners family. The site consists of 2.60 acres. The barn structure in which the apartment unit is located is separated from the main residence by approximately 50 feet. There is sufficient space to subdivide the property into two lots and meet the minimum lot size requirement of one acre(see the attached plans). The application states that the petitioner is willing to have a restriction placed on the lot of"no further subdivision or division" as a condition of approval. If the Board finds to grant the requested relief, staff recommends that this condition be imposed. Two single-family residential lots developed with single-family dwellings, generally, create a higher density than one lot developed with a single-family residence and an accessory apartment structure. The property is located within a WP Well Protection Overlay District. An important consideration is nitrogen loading of the groundwater. The property is serviced by a private well and two private septic systems. The apartment unit is on a separate septic system than the main residence. According to the Health Division, the septic system for the apartment unit is approved for one bedroom. The applicant should be prepared to provide the Board with a copy of the most recent septic system inspection reports. If the Board should find to grant the requested relief, staff recommends that both septic systems be upgraded to current Title V regulations if this has not already been done. Variance Findings: In consideration for the Variance, the petitioner must substantiate those conditions unique to this property thatjustify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: If the Board finds to grant the requested Variance, they may wish to consider the following conditions: 1. There shall be no further division of the property. 2. Both the apartment unit and the main residence shall not be expanded in area or foot print without approval from the Zoning Board of Appeals. 3. The septic systems on the property shall meet current Title V requirements without variance from the Board of Health. 4. All regulations of the Building Division, Health Division and Fire Department shall be met. Attachments; Application Copies: Petitioner/Applicant Assessor's Map/Card Plot Plans Facts and Decision for Appeal No. 1983-105 2 r THE ZONING RELIEF BEING SOU28W1B,3 BEEN DETERMINED BY THE ZON ENFORCI-IENT OFFICER TO BE APPROPRIATE RELIEF'GIVEN TOWN OF BARNSTABLE CIRCUMSTANCE& Zoning Board of Appeals Application to Petition for a Variance Date Received For Office Use onl Town Clerk Office Appeal #-Lq2 B AUG ` 0 1998 Hearing Date Decision due ) - 1-G}C� TOWN OF BARNSFABLE ZONING BOARD OF APPEALS 1 The undersigned hereby appea1-t6-the Zoning Board of Appeals for a variance from the zoning ordinance, in the manner and for the reasons hereinafter set forth: Petitioner's Name: Oden F. Pyle Petitioner's Address: c/o Michael D. Ford, Esctuire, ; P. O. Box 665, W. Harwich, MA. 02671 v6 (SO8) 430-1900 `=- r-; Property Location: 40 Church Street, West Barnstable ., Property Owner: Oden F. Pyle and Shirley J. Pyle Address of Owner: P. O. Box 457, West Barnstable, MA. 02`668 If petitioner differs from owner, state nature of interest: Number of Years owned: ARRrox. S Years Assessor's Map/Parcel Number: May 154, Parcel OOS Zoning District: RF Groundwater Overlay District: AP Variance Requested: Section 2-3.6 Number of Principal Buildings Allowed Per Lot: 3-1.4,1(A) RF Residence District: or in the alternative Section 3-1. 1h)(, Dom) - variance seeks permission to maintain two dwelling units on one lot which is 2 . 6 acres in size. Cite Section & Title of the Zoning Ordinance Description of Variance Requested: variance is requested to permit former family apartment to be utilized as a separate dwelling unit. Description of the Reason and/or Need for the Variance: To permit two dwelling units to be located on one lot. Lot is of sufficient size and shaaRe to subdivide into two buildable lots. (See Plans attached) However, Petitioner desires to maintain existing single- family dwelling and to utilize former family apartment as a dwelling unit on existing lot. Petitioner is willing to have a restriction placed on-lot of "no further subdivision or division" as a condition of the requested variance. No construction is planned or requested as Petitioner proposes to utilize existing structures in their current footprint and configuration. Description of Construction Activity (if applicable) None Existing Level of Development of the Property - Number of ;a r Application to Petition for a Variance Buildings: 2 - 1 single family dwelling - 1 Barn/Apartment Present Use(s) : Single family dwelling and Apartment in Barn Building, Gross Floor Area: N/A sq. ft. Proposed Gross Floor Area to be Added: N/A Altered: Is this property subject to any other relief (Variance or Special Permit) from the Zoning Board of Appeals? Yes[B] No [ ] If Yes, please list appeal numbers or applicant's name ARPeal No. 1983-105/Thomas A Dewire (Special Permit for Family Apartment) Is the property located in an Historic District? Yes [%] No [ ] Is the property a Designated Landmark? Yes [ ] No [%] For Historic Department Use Only: Not Applicable [ ] OKH Plan Review Number Date Approved Signature: Have you applied for a building permit? Yes [ } No [%] Has the 3uilding Inspector refused a permit? Yes [ ] No [%] All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved Site Plan (see Section 4-7. 3 of the Zoning Ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Building Department Use only: Not Required - [ ] Site Plan Review Number Date Approved Signature: The following information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements' on the land. All proposed development activities, except single and two- family housing developments, will require five (5) copies of a proposed site improvement plan approved by the Site Plan Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to i structures. See "Contents of Site Plan: " Section 4-7.5 of the Zoning Ordinance, for detail requirements. The Petitioner may submit any additional supporting documents to assist the Board in making its determination. Signature: Date: 817198 Petitioner or Agent's Signature Agent's Address: P.O. Box 665 W. Harwich. MA. 02671 Phone: (508) 430-1900 i Properly Location: 40 CHURCH ST MAP ID: 154/ 005/// t Other ID: Bldg#: 1 Card 1 of . 2 Print Date:09/23/1998 ..Ptie•._.:._:. .. '`9 MvElf F?�►.r:,^r,.i!'?�-« �:-. .:tz. �:'ir�'.s"dS�"� ..5'�:x�"ly�ri.s:.j... Description Code Appraised value Assessed Value YLE,SHIRLEY J 801 BOX 457 SIDNTL 1090 205,00 205,00 EST BARNSTABLE,MA 02668 RESEDNTL 1090 618 6,8 BARNSTABLE,MA cwun Man -- aDi Dist. S00 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL2 o , , ., . -�a�a taL , r. a Assessed value Yr. Code Assessed value Yr. Code Assessed value CQUAM,BRUCE B 68671239 9/15AS Q I 314,50 EWIRE,THOMAS 3RD A 3308/69 Q EWIRE,THOMAS M-792 6174/061 Q 0 0w..—In"801,—-ro-W. 3 14,70C :i a? "a- ._ � xf� K_ ..: {{ .�s.x ` a: .. _. 1 r w. is signature aUnowleages a vasu by a a a(,oile or or Assessor Year lypelvescription Amount Code I Description Number AmountComm. n 'tih�+-i1144 Appraised Bldg.Value(Card) 153,700 Appraised XF(B)Value(Bldg) 4,900 Appraised OB(L)Value(Bldg) 6,800 loraij e.. _ _ _ Appraised Land Value(Bldg)�= 88 800 f"3 il.f:� 11i%u+�7'af'�?".2J.a: .' i; _."T1.-+-ik'..} �• -i` C "r.r �tir a�!h r •�' I ('S' r� 'Special Land Value 0 1/1/8b. Total Appraised Card Value Total Appraised Parcel Value 254,200 Valuation Method: Cost/Market Valuation Net lotalpp arcsValue ,�(Yw�.ra�,si'i, � �.a -..m.mot'.fit+ Ty' +-a s `r.3" v�%/sY-. .tip-}- v•��'BE 'n'i r f Txf �r'Y� �. .._..:t_. w. �jt,+: t . ,..��'a:w,.��.:.,�i;� d`Sr /�'." ',s,�'.$" t3d�� ; .,.•.t�' Permitissue Date pe escnp on Amountnsp. a e %comp. valeComp. otnmen s Date rpos esu B29183 4/1/86 P 20,0 1/15/87 100 WB SW POO B28470 9/1/85 P 15100 0 WB SW POO . ',��.; .�• ";k �.,.,, .stiF - r <�,F ,� ;, gY - j N':�i. in�.� '-i;,;w .,yyrzrr r- w-•te' , . K� :;♦t3�#'+�T. � _ # v k w It +, Ga: + t�+uW1+*3 Fiv use Code vescnplion Zone ron age Depth unityn r ce L Pactor ac or iyDna. Aaj. I Notes-A4j1,3peCUU Mang Adj.Unit Price nd Value 1 1090 MULTIHSES RF 5 2 1:60 AC 19,000.0c 1.5c 9 LOC 80AC 0A511 1RESIDUAL 12,920.0 20,70 Toral L4m untilo u roperty Location: 40 CHURCH ST MAP ID: 154/ 005/ Other LD: Bldg#: 1 Card 1 of 2 Print Date:09/23/1998 CUMINU D&JAI- . ' , _, . ..:._..- ----• --:.;•- -- * .X.o f .r��. •1, i t Element ecnp ionElements .r....'. eG-.►rt:`d a�., 3,Y.,1��..�. . ._..:.,.,. --.",r�-':r�""n'�+4,_.... W, .s+d..�.�Siar «e .!C,::,`F4,��:.x,,..:r�,�s': I ommerct emen s YPe Kanch Mementtrip on lode] 1 Residential 3eat&M Ar- SAS[ Trade B ,tame Type aths/Plumbing tones Story iccupancy 0 eilingtWall bo oms/Prtns xterior Wall 1 14 I ood Shingle 4 Common Wall 12 2 Mall Height oof Structure 3 Gabie/Hlp oof Cover 3 ( ph/F GIs/Cmp 33 FGR iterior Wall l 8 Typical SAS RAS emen a cnp ion ac or g g iterior Floor 1 0 Typical omnp ex UBM 0 4 2 oor Adj f it Location [eating Fuel 2 Oil [eating Type 9 Typical Number of Units .0 Type 1 None Number of Levels /o Ownership edrooms 3 Bedrooms athrooms .5 2 1/2 Bathrms taF;o_, s 1 2 Full+1/2tjnaoj.Hase Kam Muu otal Rooms 7 Rooms leg ze Adj.Factor .94856 ade(�Index .31 ath Type j.Base Rate 9.65 itchen Style dg.Value New 65,231 r Built 963 Year Built 980 ml Physcl Dep 7 ncnl Obslnc on Obslnc pecl.Cond.ecl Cond o�Code 0 o e escn :on ercen a e veall%Cond. 3 rec.Bldg Value 53,700 :' t... ., � ,�'i Code escnp on Tams �-.n •ice r. p pr. V Value ETIA thed ep ace FPOFP Opening B 800 80 1 100 70 SHEDd L 4.0 75 100 20 SHEDd L 9 4.0 85 100 3 SHED L 12 4.0 85 100 40SPL2l Vinyl L 88 7 86 100 5,9BFAt Fin-Aver B 14 15.0 1980 100 1,70 , t•�� .: rill. F_ .- _ __,. -. - . .... �•iL-�ti7'*a�` air _k.Z.:�'�.V^Tf� Go de Deicription LivingArCa EirossArea bff.Area Uni sreprec. value FGR Attached Garage 50 170 20.8 10,49 FOP Porch,Open,Finished 3 11.9i 3 UBM Basement,Unfinished 1,95 39 11.9 23,26 ZE Toss VvILeits,Are, a; i / I v s ti �~ c - s.• 107' I 'y i i A 43/7G os2ell 00 �.GT�� / ¢/ 70 /37• S C . • 3�.8 s i i G ' Z. pr.l I, v i Eaussi� s�6rH q'i�•r NC 1 � I � t / /ao, / 1 ' '�1 1 I�1 5j /o4Zqul'1 sysT��f I M I�1 N � 1 I, 1 1 ! 1 t I . 1 1 , I � , � I i C t q0 s ysT � 'pl sEwntt� i I I N N I `I I�1 � - 1 4 � 6 a3 � Bs' - ' -' s¢,ay, s1 ` I • A. W13 t4 �� , 11 o r. / W/W 2 ip % 54 c.� 16 t 4 � 4-22 ' C�3 AW IS3 ! i 4-4 % 4-3 sss ,N !,r MAP 154 PARCEL 005 40 CHURCH STREET W - E WEST BARNSTABLE MA. s SCALE 111 = 170' 9:\bamldgn\pyle.dgn Sep.15,1998 14:34:28 TOWN OF BARNSTA `. r°il 4s 1. Zoning Board of Appeals 84 JAN -3 AH10 25 THOMAS A. DEW I RE Deed duly recorded in the Property Owner SAME County Registry'of Deeds in Book Page _ - --Registry Petitioner District of the Land Court Certificate No. Book Page Appeal No. 1983-105 January 3, 19 84 — FACTS and DECISION Thomas A. Dewire November 10 83 Petitioner _.. _ filed petition on 1� requesting a WMYditermit for premises at 40 Church Street in -the village (Street) of WBarnstable , adjoining premises of (see attached list) Locus under consideration: Barnstable Assessor's Map no. 261 lot no. 5 Petition for Special Permit: [� Application for Variance: ❑ made under Sec. of the Town of Barnstable i Zoning by-laws and Sec. _ --------- __ -- Chapter 40A., Mass. Gen. Laws for the purpose of _ Family apartment in an existing garage Locus is presently zoned in RF 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 filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at - x P.M. December 1 ,- 19 8 upon said petition under zoning by-laws. Present at the hearing were the following members: Richard L. Boy Gail Nightingale Luke P. Lally Chairman At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No 1983-105 Page —2 of On Decembers,,,, _ 19 ,-D—, The Board of Appeals found Mr. Thomas Dewire presented his petition to the Board fora Special Permit to allow a family apartment at 40 Church Street, West Barnstable in a Residence F zon-ed district. The petitioner would like to create a small apartment above an existing garage/barn on his property for his daughter. The petitioner feels that he complies with 4Pr.t i on Five of the Zoning Rv-laws_. in that i t_w i j 1 be used- as a primary residence by a family member only. There are no bathroom facilities, no water or septic system at present. Mr. Elliott Mac Swan, Chairman of the Old King's Highway spoke with reference to the appeal - Mr. MacSwan told the Board that in October 1981 , Mr. George Blakely appeared before the OKH Board as a representative of the petitioner. Mr. Blakely was given permission to build a building with a straight roof (garage) with two skylights, however, it was later called to the attention of the OKH that the building that was erected was not in compliance with the original plans, and a cease and desist was ordered. The petitioner told the Board that the design of the building was altered without his knowledge. There has been nothing done further to the building and that is the way it remains at the present time. The Board voted to view the premises before making a decision. The Board voted unanimously to grant the petitioner a Special Permit for a family apartment, as he meets all the requirements for a family apartment. I, �1 v nJ �� u_u c��___�_____ 4 '� "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 Cleric. `7'�'`) 19 r under the pains and Signed and Sealed this .__.. „ _ day of .m� __... _........ ._. _ . p penalties of perjury. .-...ems Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of3arffsta'lrl Persons interested Building Inspector Public Information By Board of Appeals Chairman ennxsne.e, MAE& 1659. Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-113A - Pyle Variance to Section 2-3.6 Number of Buildings Allowed Per Lot Summary: Granted with Conditions Petitioner: Oden Pyle Property Address: 040 Church Street,West Barnstable Assessor's Map/Parcel: Map 154, Parcel 005 Area: 2.60 acres Building Area: Main Residence-2,770 sq.ft., Garage/Barn Structure-672 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: WP Well Protection District Background: The property that is the subject of this appeal consists of a 2.60 acre lot that is presently improved with a one-story, 2,770 sq. ft. single-family dwelling and a 672 sq. ft. detached garage/barn structure'. It is located within an RF Residential F Zoning District. In December of 1983, the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a family apartment to be built above the existing garage/barn. A family apartment was subsequently built by the owner at that time, Thomas A. Dewire. The property was sold in 1989 to Bruce B. McQuaid, who sold it to the current owners in 1993. The family apartment provisions of both the 1983 Zoning By-law and the current Zoning Ordinance require that the kitchen facilities be removed within 60 days from the date the person or persons residing in the family apartment vacate the premises and that the premises be restored as nearly as possible to their original character before the creation of the family apartment. Evidently, this was not done. The applicant should be prepared to document the use of the apartment unit since its creation in 1983. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and . maintain these separate dwelling units on one lot. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. Also, the only principal permitted use in the RF zoning classification is detached single-family residential dwellings. The applicant is applying for a Variance to Section 2-3.6 Number of Buildings Allowed Per Lot and Section 3-1.4(1)(A) Principal Permitted Uses. In the alternative, the applicant is also applying for a Variance to the family apartment provisions of the Zoning Ordinance, Section 3-1.1(3)(D). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 10, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The According to assessor's records dated 09/23/98 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-113-Pyle Variance to Section 2-3.6&Section 3-1.4(1)(A),or in the alternative a Variance to Section 3-1.1(3)(D) hearing was opened October 7, 1998, at which time the Board granted a Variance to Section 2-3.6 with conditions. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Richard Boy, Tom DeRiemer, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the Petitioner, Oden Pyle, who was present along with Edward Kelly, Registered Land Surveyor. Attorney Ford submitted a memorandum to the file in support of this appeal. Attorney Ford reported there is a main house and a detached garage/barn structure with a one room apartment in the upper level. The prior owner applied for and was granted a Special Permit for a Family Apartment in the garage/barn structure. Over time, the barn was rented to non-family members. The current owner, Oden Pyle, bought the property in 1993, and at that time, there was a tenant in the barn. Recently, they were told by the Building Department that they were renting the apartment illegally because it was not being used as a Family Apartment and was rented to a nonfamily member. In an effort to comply with zoning, the applicant explored the idea of dividing the land and they hired Mr. Kelly to prepare a series of plans for dividing the property. Three different plans were drawn. Mr. Ford explained (in detail) the different plans and the ramifications of each plan. After reviewing the plans and the recommendations of the Planning Board, Mr. Ford advised Mr. Oden to seek relief from the Zoning Board of Appeals rather than subdivide the land which would also require the construction of a road. There are two separate principal dwellings on one lot and the applicant is seeking a Variance from Section 2-3.6 of the Zoning Ordinance which limits the number of buildings allowed on a lot. He is willing to have the Zoning Board of Appeals impose a restriction in their Decision that the relief granted is contingent upon a restriction prohibiting the property from being divided or subdivided while the rights under the Variance are being exercised. This would be better than cutting up the land, cutting down trees and destroying over 70 feet of an old stone wall that exists on the property. Attorney Ford submitted a letter from Chief John P. Jenkins of the West Barnstable Fire Department. The letter states the barn apartment has been used as a rental unit and rented twice in the past for former members of the fire department resulting in a great advantage to the department due to its close proximity to the station. He strongly endorses the continued usage of the garage apartment and this request to legalize the use. Pursuant to MGL Chapter 40A, Section 10, Attorney Ford discussed the Variance Conditions. This lot has unique circumstances and resulting hardship. The topography of the parcel is unique in that it slopes from the front to the rear over 15 feet in grade. As a result of this topographical condition on the lot, the requirement that a road be put in place in order to divide the parcel would result in a financial hardship to the Petitioner. Also, there is an old, large stone wall in front that would have to be destroyed for the construction of a road to the back lot. The relief may be granted without substantial detriment to the public good because the utilization of this 2.6 acre parcel for a single family home and an existing apartment would result in a less intense use than to divide the parcel into two smaller lots each with its own dwelling. The granted relief would not derogate from the intent or purpose of the Zoning Ordinance because the applicant is willing to have a restriction put in place stating he will not divide the land as long as the rights under the Variance were being exercised. As to the relief requesting a Use Variance to Section 3-1.4(1) and in the alternative a Variance to Section 3-1.1(3)(D), Attorney Ford stated if the Variance to Section 2-3.6 is granted, the other relief is not needed. For clarification, each structure has a separate septic system and (in Mr. Kelly's opinion) both systems would pass inspection. Both dwellings share one well. I 2 T60 of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-113-Pyle Variance to Section 2-3.6&Section 3-1.4(1)(A),or in the alternative a Variance to Section 3-1.1(3)(D) The interior of the barn was discussed. Mr. Oden reported the second floor of the barn is one large room with a kitchen and bed and small bathroom. The bottom is the garage-one big room-entered by two garage doors with a small bathroom (toilet only). Public Comment: No one spoke in favor or in opposition to this appeal. Board Member Gail Nightingale was concerned because there was previously a family apartment and now the applicant is seeking to legalize it as a separate dwelling unit which is not the intent of the Family Apartment Permit. This would set a bad precedent. Attorney Ford explained that the locus is unique because this parcel can be subdivided, and have two separate homes, which is not the case in other Family Apartment Permits. However, in his opinion, it is a better use of the land not to subdivide the property and build a road but rather grant the Variance relief- which is not a Use Variance- but a Variance to the number of buildings allowed per lot. Board Member Elizabeth Nilsson stated if the relief were limited to the single family home, and the one apartment as it now exists, she would rather grant the Variance requested than divide the land. Findings of Fact: At the Hearing of October 7, 1998, the Board voted on the following findings of fact as related to Appeal No. 1998-113: 1. The applicant, Oden Pyle, is seeking a Variance to Section 2-3.6- Number of Buildings Allowed Per Lot. 2. The property address is 740 Church Street, West Barnstable, MA, as shown on Assessor's Map 154, Parcel 005. The site is 2.60 acres. The Main Residence is 2,770 square feet and the Garage/Barn Structure is 672 square feet. 3. The site is located in the RF Residential F Zoning District and the WP Well Protection Overlay District. 4. In 1983, the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a Family Apartment to be built in the garage/barn structure. A family apartment was built by the owner at that time. 5. The applicant bought the property with the apartment as it now exists and has maintained the apartment. It has not been used as a Family Apartment, but rather rented illegally to nonfamily members. 6. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. 7. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. However, the locus is unique in that the parcel is 2.6 acres which is more than the one acre per lot required in the Zoning Ordinance. 8. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance because the applicant has stated he will not increase the buildings beyond their present footprints. 9. As a result of the sloping topographical condition on the lot and an old stone wall, the requirement that a road be put in place in order to divide the parcel would result in a substantial financial hardship to the Petitioner. These are unique conditions that exist that affect the locus and a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. 10. According to the Health Department, the septic system for the apartment unit is approved for one bedroom. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: Thomas DeRiemer 3 To19 of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-113-Pyle Variance to Section 2-3.6&Section 3-1.4(1)(A),or in the alternative a Variance to Section 3-1.1(3)(D) Decision: Based on the findings of fact, a motion was made and duly seconded to grant the relief being sought in Appeal Number 1998-113 for a Variance to Section 2-3.6 subject to the following terms and conditions: 1. There shall be no further division or subdivision of the property. 2. Both the apartment unit and the main residence shall not be expanded in area or foot print without approval from the Zoning Board of Appeals. 3. The apartment unit will be a one bedroom apartment only. 4. The septic systems on the property shall meet current Title V requirements without variance from the Board of Health. 5. All regulations of the Building Division, Health Division and Fire Department shall be met. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, Thomas DeRiemer, and Chairman Emmett Glynn. NAY: None Order: In Appeal Number 1998-113,the Variance to Section 2-3.6 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 1 4 r e' To—of Bemalmblo Zoning Board of AppoMe Hodes,at Puhiic Hearing Under The Toning Qedinance ler oe4ober 07,1 figt8 To all persons Imervated In,or affected by'the 8vard of Appeals under Sec. 11 of Chapter 40A of the General Lowe of the Commonwealth of Massachusetts,and an amendments thereto you are hereby nouflad that: 7:30 P.M. Ahem Appeal Number 19W112 Barbara Ahem has applied to the toning Board of Appeals for a Vaeance to Section 3.1.4(5) Bulk Regulations•minimum lot size.The Applicant owns both tote and wishes to re-establish the development rights of each lot under the Zoning Ordinance.The property is shaven on Assessor's Map 273,Parcels 200 and 210It and commonly addressed as 702 and 714 Old StrawbertyHlll Road(respeettvely).Hyannis,MA,In an RC-t Residential C-i Zoning District. 1:45 P.M. Pyle Appeal Number 1998•113 Oder Pyle has applied to tha Zoning Board of Appeals for Variance to Section 2-3.8 Number of Buildings Allowed Per Lot; Section 3-1.4(IXA) Principal Pwrnilted Uses: or in the alternative a Variance to Section 9.1.1(3)(D) Family Apartment. The Applicant seeks permission to W4ze a former Family Apartment sea separate dwelling unit and maintain two dwelling uriks-on one lot v t:h Is 2.6 acres.in size.Peodwer is wining to hew a restriction placed on7ot of'no further.subdhirision or dt�lsw'as a condition of the requested variance. The properly it shown on AseesmWe Map 154,Parcel 005 and is commonly addressed as 40 Church Street,West Barnstable,MA In an RF Residentiai F Zoning District. 8:00 P.M. Rosano Appeal Number 1998.114 John and Hilda Roswo have petitioned to the Zoning Board of Appeals for s Special Pemnit pursuant to Section 4.4,2 Nonconforming Lots.The sale of 30 feetof frontage to the adjacent lot creates a more nonconforming lot.The property is shown an Assessor's Map 291,Parcel 025 and is commonly addressed as 400 Mitchell's Way,Hyannis,MA in an RB Residential 8 Zoning District. 8:15 P.M. Devito Appeal Nurnbor 19W 115 John E.Devito has applied to the Zoning Board of Appeals fora Use Variance to Section 3- i.1'Principal Permitted Uses to allow the continued use of the property as a two-family dwelling io a single family residential dwelling district.The property is shown on Assessor's Map 289,Parcel 141 and Is commonly addressed as 15 Sterling Road,Hyannis,MA in an AS Residential 8 Zoning District. 830 P.M. . Omntpdnt Communications,MB OPS.,LLC Appeal Number 1998.1 IS Omnipaint Co6wwrlications,M8 OPS,LLC has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 4.4.4(2)Nonr:onforming Building or Structure Not Used as a Single or Two-Family dwelling and Section 4.4-5(i)Change of a NonconforttUng Use to Mother Nonconforming Use and/or Section 4-4.5(2)Expansion of a Pro-Existing Nooconformirfg Use.The petitioner pmposes to attach a pair of'omnil antennss(72'x 18' cylindens)to the top of en existing wood ComEfectrtc telephone pole and to place a 2.6'x4,d equipment cabinet within a fenced area on the ground.The antenna will not exceed the existing height of the pole, However,the existing pole structure does not meet sidayard setback requirements and the current telephone and electric utility uses existing am nonconforming,The property is shown on Assessor's Map 099.Parcel 069 end is commonly addressed as 224 Cammett Road,Marstons Mills,MA in an RF Residential F Zoning DIsMct. 8:45 P.M. Morin Appeal Number 1998.117 Jacques N.Morin has applied to the Zoning Board of Appeals for a Variance to Section 3- 1.1(5)Bulk Regulations to permit a reduction in the front yard setback from 100 feet to 30 feel and the aide yard setback from 30 feet to 19 feet.The property is shown on Assessors Map 229,Parcel 099 and is comrrnnfy addressed as 1358 Falmouth Road(Route 28), Centerville,MAIM an RD-1 Residentlei 0,1 Zoning District. " 8:50 P.M. Morin Appeal Number 1998-118 Jacques N.Morin has petitioned to the Zoning Board of Apoeele fora Special Permit puraugnt to Section 3.1.1(3)(A)Conditional Uwe.The potltloner Is seeking permission to rent rooms to no more than six(e)lodgers In one(1)multiple-unit dwelling.The property Is shown on Assessors Map 229,Paneaf 099and Is commonly addressed as 1358 Falmouth Road(Route 28),Centenrilie.MA in or.RD.1 Residential 0-1 Zoning District, These Publlc Hearings Y411 be held in tha Hearing Room;Second Floor.New Town Hall.367 Main Street, Hollins, Massachusetts on Wednesday, October 07. 1999. All plans and applications may be reviewed at the Zoning Board of.Appeela Office,Town of Barnstable, Planning Department,230 South Street,Hyannis,MA. Emmett Glynn,Chairmen Zoning Board of Appeals The Barnstable Patriot September 17 d September 24.1998 80 39bd Q'J: a NOSNIIS Z99808b805 LO:PT 866T/CT/11 i °Ft Town of Barnstable Regulatory Services • BMWSTABLE • Thomas F. Geiler,Director Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 Date November 28, 2012 David&Virginia Sullivan 40 Church Street W. Barnstable, MA 02668 Re: Illegal Apartment Property ID: Map 154 Parcel 005 Dear Mr. &Mrs. Sullivan: On November 26, 2012 Robin Anderson Zoning Enforcement Officer, spoke with an appraiser regarding your property and the illegal apartment,please contact us and make arrangements to find out if there is any kind of relief to bring your property into compliance. Barnstable Zoning Ordinance 240-11. Any use other than a Single-Family home is prohibited. You must contact this office by December 18, 2012 to arrange to bring the above address into compliance or be subject to fines of no more than $100.00 per violation, per day. Sincerely, Brenda Coyle Division Assistant Enclosure cc: Robin Anderson Zoning Enforcement Officer t �� Y � A I s .. � � Town of Barnstable * � Permit# Regulatory Services Expi„s 6 moRthsy u` Fee • sABNBtABIB, � _. MASS. 059. Thomas F. Geiler,Director `d� Building Division Tom Perry,CBO; Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL, ONLY Not Valid without Red X-Press Imprint Map/parcel Number f� r Addressential Value of Work V OQ 0 Minimum fee of S35.00 for work under S6000.00 ` Owner's Name&Address Contractor's Name P 7 Q Telephone Number Home Improvement Contractor License#(if applicable) ?WorZ-'s Supervisor's License#(if applicable) Compensation Insurance aka Check one: ❑ am a sole proprietor OCT 13 2011 9I am the.Homeowner 1 have Worker's Compensation Insurance TOWN OF BARNSTABLE Insurance Company Name I/V Workman's Comp. Policy# Y_IL_OU�L Copy of Insurance mpliance Certificate must accompany each permit. Permit Request heck box) Re-roof(stripping old shingles) All construction debris will be taken to �j ❑ Re-roof(not stripping. Going over existing layers of roof) ❑, Re-side #of doors ❑ Replacement Windows/doors/sliders. U-Value • (maximum .44)#of windows *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License& Construction Supervisors License is required SIGNATURE: �AWPFILESTORMSIbuilding permit formslEXPRESS.doc Zevised 070110 0!ninor.wealth 4 BA -5 tf IndU51riUl 14 CCIL' 01lice of in vessigations 7 600 Washington Street Boston, AM 02111 I�IiRF, -V Vdia www.mass-agov ectriciansiflumbers Workers' Compensation Insurance Affidavit. Builders/ContractorsiYA Please Print Legibly licant-Information ------ d7-7VL .Name 13usiness/organizatio Lddress'. to b City/State/Zip: Type of project(required)City/State/Zip- Phone a ropr 'employe C priate b ire you an employer?Check the appro C " I am a 1 4. 1 am a general contractor and 1 6. New construction I am a employer with 91MU6 have hired the sub-contractors 7. Remodeling employees(full and/or part-time)-* listed on the attached sheet. I am a sole proprietor or partner- These sub-contractors have 8. ❑Demolition ship and have no employees employees and have workers' 9. ❑ Building addition working for me in any capacity. + comp, insurance., 10.n Electrical repairs or additions [No workers' comp. insurance We are a corporation and its irs Or additions, required.} officers have exercised their 1113 1 i ing repa I am a homeowner doing all work right of exemption per MGL 12.@Iwf repairs myself. [No workers' comp. c. 152, §1(4),and we have no 13.[] ether insurance required.]t employees, [No workers' comp. insurance required.] must also rdl out the section below showing their workers'compensation polity information. atin -Any applicant that checks box#1 then hire outside contractors must submit a new affidavit indic 9 Such- Homeowners who submit this affidavit indicating they are doing all work and e sub_contractors and state whether or not those entities have additional sheet showing thename of the Contractors that check this box must attached an ad - policy number. sub-contractors have employees,they must provide their workers'cOmP- .mployces. If the sub poUcy and Job site I am an-employer that is Providing workers'compensation insurance for my efflPIOYees- Below is the information. it ` CO Insurance Company Name: &,A) Expiration Date: Policy #or Self-ins.Lic. M C/gr� city/State/Zip: Job Site Address:- declaration page(showing the Policy number and expira 'on date). copy of the workers' compensation policy d 152can lead to the imposition of criminal penalties of a Attach a cO 15A of MGL c. p WORK ORDER f d a fine Failure to secure coverage as required under Section 2, nalties in the form Of.:Incup to $1,500.00 and/or one-year imprisonment,as well as civil Pe ment may be forwardedto theoffice o of up to$250,00 a day against the violator. Be advised that a copy of this state Investigations of the DIA coverage verification.for insurance correct that the information provided above is true 1 do hereby certify the s and 0 perjury 10"- y under Date: Si attire: 10 ------- 5-0? - 11''?� - Phone#- �__.L �i or town officiaL Official use only. Do not write in this area, to be completed by city Pernfit/License City or Town- Plumbing Inspector Issuing Authority(circle one): Department 3. City/Town Clerk 4.Electrical Inspector S.Plum i u.a ra of Health 2.Building ACORD CERTIFICATE OF LIABILITY INSURANCE IIAIM QAW=M� 106/01/201(1 C _RNT—TEROK 8 ORTIPWATE tS WNUED A 7NMRNAMT I= ADM= ONLY AND COWER& NO RIGHYS UPON THE CERTIFICATE HOLDER. TM CMWMCATE DOW NOT AMEW. RXMW OR It ALTER THE COVERAGE AFFOROW Sy THE PoLiCtEa BELOW. 175 D, 8TRZ212 I NULL, Mh 0204S WSUREIRS AFFORDING COVERAGE me INSURER A, M%-dUt 13:GWWZ 3'.miz iii co 1149URE-A C: IN8URRN a. 02045 cKga-5is r_Tn POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS$Ur.-D TO YMe INSURED NAMED AOW& FOR THE POLICY PERIOD INDICATED. NOT=Tt43TAN04N'G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT %ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURM09 AFFORDED BY T"E POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TaRmS, EXCLUSIM AND CONDMONg al; SUCH POLICIES.AQWEGATE LAWTS 6140M MAY HAVE BEEN REDUCED SY PAID CLARAR. 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AND THE iOM L)SPOT.'ARE IRCLUDSO AD AD0173- _CNAL.-IMSUMED WITH 12>B8PECT TO UN-MRAL ]KJARIL-77Y MuRmcs. :ER-nFtCATE HOLDER CAMCMAATIM THD AT-, FSMJW ANY OF THE 9.= MOMS= mXna m g W cmMgg 9p Rip 09"AMN DATE TH59W. UM OWNG INKmEn y" G?MUMN To WL DAYS WRITIM 2690 TJ PA-MMAY 30-0 NOTICE tO Tft MIPWATR HOLIM NAMED TO TM MM ffiff FXWM TO DO SO SHALL ATLAWTA, C_EORCx:,k, VAPMO NO 9IKJQ4TtON OR UARIUYV OF ANY TIM JOUTtM IM A01INTS 09 AUTWORM -.096 23(MIM) vv,7 an:0.T ATA7/Tn/QA r - , f of Coasume-r A:'fa rs S B9sia.ss Rcealadoa HOWE IMPROVEMENT CCNTr� CTCR Registration. '125893 Tf tee: i=xpira6on: &34W2 SuoFier ter:C The Home Depot A.-Home Services DARREN DEMERS z 259E CUMBERtAND PARICAW S � �— :� Ai'I ,GA 30339 Undersecretary License or registration valid for indi-vidui use only before the expiration date. If found return to: Office of Consumer Affairs and Business Regulation 10 Park Plaza-Suite 5170 Ard Boston,MA 0:116 Not valid without signature t :,CN.lb�l. :iQr'',q,�,,N�:1.. 1yJC•;... ..'__' .....�:r•'tr. :ts•6f;'fa►`l;;le::'=.K:i1. ir..tiq,h/4l1C1; �1,:;1):?�t.��,jid�y y ti •:(1!l•lliu'1y;,1+�f1' ,tlf,i,r•tn:rti�l.:iu,}�f�r1)I .1'r t►.,Y�;}) t r 11 'tr'�: drjglh.l J" 1,i rnit.,i•�6.11 S1 ('' (� A►ti i11 y�la�a(1•.._- I:NM Fig;`:,!';\ii{'I1 i 1? ., /// tera;uatkgi rtkl scifDff>t15 01 1 I:64A I g10'li V9nl' q:,;E;,�.l. ' i RLlS a)!n� ..K[ri,rt stud p! lllit:ci l ,1 ' f rV kit.NJ.>;3 1 N:'IV4`.tt,02i,d WI ' l.e•.JrfeigV rJu/nstuo,.t{° »ylly d.11.'.: c.�rv,,{V „�„n�„�,:3►rr ,.,lla slrx}v.IQ:t►?{Staa►►nf) Ya 1141 D11) dCi �,�gr(nt9 tua.u!*`eN +J7 a 1 noTDh►cd :f11 oo iLIODdJ t1S1Np.(.)Y 1 a v y.r',r.n`f �)jrnvnn .�+,.yu•r,1 'P1( }ue yen tnnrn��/rtr r^I Ir,ta� aarlet�Ds,J►a alia:rlr rr..s�, f, �. )uiurAa,r/w )r,A►elr�� I vxae'1',DV ( .� igw,tD•►•AI aax) a.Ao.q., if?%uolinac � !S'1itFr1 1a1.1. ! L0:7L1/l;. tfr3q}F'Iltat`I I.tn(rNp:,t ?AA]. '.7r�1't(ClU1� �l c� tZU o 't. (:aeltlt ;l:t('i;,}.�(t` .))`4�� s1 tc ,. m flun ,:j •I�it j�rl"0--", :.4W I i ' I elation jKzdjqc1w4e4(& 0/ _ -- Consumer Affairs and'Business Reg .I office of Consum State 5170 • lop ark Plaza - OF. Boston, Massachusetts 02116 I rovement Contractor Re istration Home Imp g . Repstration: `nd�nrldual I Type: Trl 291832 ExpiraWn: t2117/2011 i M1CHAEL VIOLA MOCHA 8 HADASSAH WAY _----- I HULL, MA 0204.5 Mark reason for chaege- update Address and return card• Lost Card �. Address [l Renewal �] EmploYn►eat ❑ DPSC:nl ��pypq.G10t218 I �o�crr�oo � ? License or registrad"valid for isdividul use ouly i ( t ji` f.r Office of Coosvmer Afbi"&Business ORR ulatioa before t.be expiration date. If found retmrs to:Regulation I S ' '' F}OME IMPROVEMENT CON7RA� Office of ConsumerSuite 5170 and Busi:�tss y` 10 Park Plaza i i I Registration: 1409W Tr# 291 832 Boston MA o2116 Expiration; 12/17/2011 r Individual MICFWEL J.VIOLA MICHAEL VIOLAature I' a HAOASSAH WAY Uaderstcrcla*Y Not vs without Sigu HULL,MA 02045 Sep 27 11 11:46p Chris Read 1-508-681438W PA HOME IMPROVEMENT CONTRACT ppp PLEASE READ THIS Sold,Furnished and Installed by: l(� BraLtc6 ,Name: Boston Date: 9P31111 THD A Services,Inc. d/Wa The Home Depot of At-Home Service., 345A Greenwood Street,Unit 2,Worcester,MA 01607 Toll Free(800)657-5182;Fax(508)756-8823 Branch Number:31 Federal ID#75--1698460;ME Uc#C 02439;RI Cunt,Lic##1642., J CT Lic#HIC.0565522:MA Home Improvement Contractor Reg.#12689: Installation Address: �n�'Q� 57' -17— 6!J Al d City State Zip Purchaser(s): Work Phone: Home Phone: Cell Phone: r V;D ov 6-1141D i 4T-34.a Home Address: S/9 r K (If different from Installation Address) City State Lip �-- "T/l Email Address(to receive project communications and Home Depot updates): I DO NOT wish to receive any marketing emails from The Home Depot Protect Information: Undersigned("Customer"),the owners of the property located at the above installation address,agrees to buy, and THD At-Home services,Inc.("The Home Depot-)agrees to furnish,deliver and arrange for the installation("Installation")of all materials described on the below and on the referenced Spec Sheet(s),all of which are incorporated into this Contract by this reference,along with any applicable State Supplement and Payment Summary attached hereto and any Change Orders(collectively, "Contract'): Job#: Products: S sheetfs #: Pro'ectAmount Roofing Siding El Windows ❑Insutation ❑Gutters(Coves []Entry Doors ❑ 9" Roofing Miding U Windows ❑Insulation $ co ❑Gutters/Covers ❑Entry Doors ❑ Rooting []Siding Windows insulation $ ❑Gutter-I Covers ❑Entry Doors❑ Roofing LjSiding Windows C3 Insulation $ ❑Gutters/Covers ❑Entry Doom ❑ Minimum 25%Deposit of Contract Amount due upon execution of thiscontract. Total Contract Amount S S e� Maine Purchasers may not deposit more than one-third of the Contract Amount Customer agrees that,immediately upon completion of the work for each Product,Customer will execute a Completion Certificate (one for each Product as defined by an individual Spec Sheet)and pay any balance due. As applicable,each Customer under this Contract agrees to be jointly and severally obligated and liable hereunder. The Home Depot reserves the right to issue a Change Order or terminate this Contract or any individual Product(%)included herein,at its discretion.if The Home Depot or its authorized service provider determines that it cannot perform its obligations due to a structural problem with the home,environmental hazards such as mold,asbestos or lead paint,other safety concerns,pricing errors or because work required to complete the job was not included in the Contract. Payment Summary- The Payment Summary# ems included as part of this Contract, setts forth the total Contract amount and payments required for the deposits and final payments by Product(as applicable). NOTICE TO CUSTOMER You are entitled to a completely filled-in copy of the Contract at the time you sign. Do not sign a Completion Certificate(note: there is one Completion Certificate for each listed Product as defined by individual Spec Sheets)before work on that Product is complete. In the event of termination of this Contract,Customer agrees to pay The Home Depot the costs of materials,labor,expenses and services provided by The Home Depot or Authorized Service Provider through the date of termination,plus any other amounts set forth in this Agreement or allowed under applicable law. THE HOME DEPOT MAY WITHHOLD AMOUNTS OWED LIMIT ING C THE HOME THE HOME DEPOIrT''S OET OM THE HER RF,MED CAS NOR RECOVERYIT PAYMENT OR OTHER OF SUCH AMOUNTS PAYMENTS MADE, WITHOUT Acreutancc and Authorization: Customer ugrees and understands that this Agreement is the entire agreement between Customer and The Honuc Depot with regard to the Products and Installation services and supersedes all prior disc ussions and agreements,either oral or written,retuting to said Products and Installation.This Agreement cannot he assigned or amended except by a writing signed by Customer and The Home Depot.Customer acknowledges and agrees that Customer has read,understands,voluntarily accepts the terms of and has received a copy of this Agreement. Accepted Submitted by: �l a i Custon '. a c ate Sales Consultant's Signatu y— e Q Telephone No. Cu.tomer's Signature Date Sales Consultant License No. (as:y+plicablel CANCELLATION: CUSTOMER MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION BY DELIVRRING WRITTEN NOTICE TO THE HOME DEPOT BY MIDNIGHT ON THE, THIRD BUSINESS DAY AFTER SIGNING THIS AGREEMENT. THE STATE SUPPLEMENT ATTACHED HERETO CONTAINS A FORM 'r0 USE IF ONE IS SPECIFICALLY PRESCRIBED BY LAW IN CUSTOMER'S STATE. N(YrICR:AnOITIONAI,'rRRMS AND CONDITIONS ARE STATU)ON THE REvkRSE SIDE.AND ARR PART OF THIS C ONTRAcT 04-11.11 C-SC White—Branch Fite Yellow—Customer �o /° v Est,sn�rE V l � ` 'mac / , 4 i -i7 r - I � N . N � \t I � I q sr !� Adze ISr' _ I I S f,. lo? , ION re o i sEwACE I 1^ W1 40 1Z: 1 3 7, /5 cti i ZSp, � � • N r � 1 � 1 � � 1 I + / t ' °'" o4Z�crf t q�I s}/sTC�`1 N t ari �Q j N I I I � t I VI I I � ` S•410� ' ST . C� MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 66S W. HARWICH, MA. 02671 TELEPHONE(508)430-1900 TELEFAX(S08)430-8662 August 13, 1998 Hand Deliver Omer Chartrand, Clerk First District Court Barnstable, MA. 02630 Re: Town of Barnstable v Oden Pyle/40 Church St. , W. Barnstable No. 9825AC10578 Dear Mr. Chartrand: Please be advised that I represent Mr. oden Pyle in regard to the above-referenced matter. By, agreement of all parties, I am writing to request that this matter, which is scheduled for hearing at 2:00 p.m. on Thursday, August 13, 1998, be continued for a period of ninety days, up to and including November 19, 1998 at 2:00 p.m. Thank you for your cooperation and assistance in this matter. Very tru you , ichael D. Fo d MDF/djw ASSENTED TO: Jack Gillis, Supervisor of Consumer Affairs CC: Mr. Oden Pyle Ed Kelley, P.E. Gloria Urenas, Zoning Enforcement Officer/Building Dept. I CO 39dd GKO a NOSNIIS Z998060809 96:LT 066T/0Z/T0 e-� �o � � �f.g e� tom` �g�� , TOWN OF BARNSTABLE Zoning Board of Appeals Application to Petition for a Variance Date Received For Office Use only: Town Clerk Office Appeal # Hearing Date Decision due The undersigned hereby appeal to the Zoning Board of Appeals for a variance from the zoning ordinance, in the manner and for the reasons hereinafter set forth: Petitioner's Name: Oden F. Pyle Petitioner's Address: c/o Michael D. Ford, Esquire, P. O. Box 665, W. Harwich, MA.02671 (508) 430-1900 Property Location: 40 Church Street, West Barnstable Property Owner: Oden F. Pyle and Shirley J. Pyle Address of Owner: P. O. Box 457, West Barnstable, MA. 02668 If petitioner differs from owner, state nature of interest: Number of Years Owned: Approx. 5 years Assessor's Map/Parcel Number: Map 154, Parcel 005 Zoning District: RF Groundwater Overlay District: AP Variance Requested: Section 2-3.6 Number of Principal Buildings Allowed Per Lot; 3-1.4,1(A) RF Residence District; or in the alternative Section 3-1.13 M (g) - Variance seeks permission to maintain two dwelling units on one lot which is 2.6 acres in size. Cite Section & Title of the Zoning Ordinance Description of Variance Requested: Variance is requested to permit former family apartment to be utilized as a separate dwelling unit. Description of the Reason and/or Need for the Variance: To permit two dwelling units to be located on one lot. Lot is of sufficient size and shape to subdivide into two buildable lots. (See Plans attached) However, Petitioner desires to maintain existing single- family dwelling and to utilize former family apartment as a dwelling unit on existing lot. Petitioner is willing to have a restriction placed on lot of "no further subdivision or division" as a condition of the requested variance. No construction is planned or requested as Petitioner proposes to utilize existing structures in their current footprint and configuration. Description of Construction Activity (if applicable) None Existing Level of Development of the Property - Number of i { 1 Application to Petition for a Variance Buildings: 2 - 1 single family dwelling - 1 Barn/Apartment Present Use(s) : Single family dwelling and Apartment in Barn Building, Gross Floor Area: N/A sq. ft. Proposed Gross Floor Area to be Added: N/A , Altered: Is this property subject to any other relief (Variance or Special Permit) from the Zoning Board of Appeals? Yes[B] No [ ] If Yes, please list appeal numbers or applicant's name Appeal No. 1983-105/Thomas A. Dewire (Special Permit for Family Apartment) Is the property located in an Historic District? Yes [%] No [ ] Is the property a Designated Landmark? Yes [ ] No [B] For Historic Department Use Only: Not Applicable [ ] OKH Plan Review Number Date Approved Signature: Have you applied for a building permit? Yes [ } No [%] Has the Building Inspector refused a permit? Yes [ ] No [B] All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved Site Plan (see Section 4-7.3 of the Zoning Ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Building Department Use only: Not Required - [ ] Site Plan Review Number Date Approved Signature: The following information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, except single and two- family housing developments, will require five (5) copies of a proposed site improvement plan approved by the Site Plan ! Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See "Contents of Site Plan: " Section 4-7.5 of the Zoning Ordinance, for detail requirements. The Petitioner may submit any additional supporting documents to assist the Board in making 'ts determination. 1 Signature: Date: 8/7198 Petitioner or Agent's Signature Agent's Address: P.O. Box 665, W. Harwich, MA. 02671 Phone: (508) 430-1900 i J Notice For Public Hearing The following are the most recent names, mailing address and corresponding Assessor's Map & Parcel Numbers of the abutting property owners, the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within three hundred (300) feet of the property lines of the subject property. Assessor's Map & Parcel Numbers Owner's Name Address 154 3-2 Hokans, Eric H. P. O. Box 546 W. Barnstable, MA. 02668 154 5 Barnstable, Town of Conservation Commission Town Hall 367 Main St. Hyannis, MA. 02601 154 4 Merritt, Earle P. , Jr. & Starr, Jane 20 Church St. W. Barnstable, MA. 02668 154 7 Sylvia, Sheila E. Trs. Kenneth Jukes Trust 72 Church Street West Barnstable, MA. 02668 154 16 Conroy, James & Nancy E. 29 Church Street W. Barnstable, MA. 02668 153 4-4 Reynar, George J. 59 Church Street W. Barnstable, MA. 02668 153 4-3 Bridges, Charles G. & Betty P. O. Box 243 E. Sandwich, MA. 02537 153 4-2 Barnstable, Town of Conservation Commission Town Hall 367 Main Street Hyannis, MA. 02601 * N O T I C E * upon Submission of application, it is required that all facts and documentation necessary to support the relieve being sought be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P.O.Box 665 W. HARWICH, MA. 02671 TELEPHONE(509)430-1900 TELP.FAX (508) 430-8662 DATE: TELECOMMUNICATION INFORMB►TION SHEET PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Gloria Urenas Recipient's Name Dept.Building Company Telephone Number 508-790-6230 Telecopier Number THIS MATERIAL IS FROM: Mike Ford (Debbie) Sender's Name Company ,(5081 430- 900 Telephone. Number Telecopier Number TOTAL PAGES (not including cover) IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL SENDER'S TELEPHONE NUMBER AS SOON AS POSSIBLE. x"REMARKS« Please advise who should be contacting the Courthouse! ,NOTICE OF CONFIDENTIALITY* THIS TRANSMI TALMAY CONTAIN INpORMATION THAT IS PRri MEOED AND CONFIDENTIAL AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR EN MY NAMED ABOVE, IF THE READER OF THIS TRANSMITTAL 3 NOT THE INTENDED A$CIPIENT OR THE EMPLOYEE OR T14E AGENT RESPONSMLE FOR DELIVERING TO THE INTENDED RECIPIENT,YOU ARE HgIF.BY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PRONJUMD. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE DAMEDIAT'ELY TO ApAANOE FOR INSTRUCTIONS AND ADVICE, T9 3n-Vd 4603 'S h40SNI1S Z9980EV809 T6:69 8661/b0/90 . A MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAN STREET P. O. BOX 665 W. HARWICH. MA. 02671 TELEPHONE (509) 430-1900 TELBFAX (508) 430-8662 June 4, 1998 Gloria Urenas, Zoning Enforcement Officer Building Dept. Town Hall 367 Main Street Hyannis, MA. 02601 Re: Town of Barnstable v Oden Pyle/40 Church St. , W. Barnstable No. 9825AC10578 Dear Ms. Urenast Please be advised that we are proceeding with a variance application of the Barnstable Zoning Board of Appeals, which I am informed by the Board of Appeals office will be scheduled on August 12, 1998. As a result, I would ask that this matter be continued for an additional ninety (90) days so as to determine whether Mr. Pyle has been able to favorably receive the variance relief which would moot this issue. As always, I appreciate your cooperation and assistance. Very truly yours, �ael Ford MDF/djw CC: Mr. Oden Pyle Z0 39Vd OL402 B NOSNIIS Z99896V809 T6:60 866T/b0/90 I - APPLICA TION NO. a Nt IC :::.:0.: :::::::::::::::::::::...........:::::::::::::::::::. Trial Court of Massachusetts , >::>: :>:: ...::::: »::::>::::>::::>::::>:<:::::>::: 9825 AC 010578 < <O »CLERK:::S::::HEAI :>::»::::::>:::::>::::>:::::<:::::: District Court Department DATE OF APPLICATION JDATE OF OFFENSE CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 3/06/98 9/27/97 1 1 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (5 0 8) 3 6 2-2 511 ODEN PYLE DATE OF HEARINGCOMPLAINANT PO BOX 457 8/13/9 8 MUST APPEAR AT W BARNSTABLE MA 02668 TIME OF HEARING ABOVE COURT ON THIS DATE AND 2 : 00 PM W SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. DATE ISSUED CLERK- MAGISTRATE 6 0 4 98 r ATENCION:ESTE ES UN AVISO OFICIAL OE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUCCI6N. ATTENTION:CE9I EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENCQAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LER INGLE9,OBTENHA LIMA TRADUQAO. LUU-Y:DAY LA THONG BAO CHINH THUC CUA TOA-AN,NEU BAN KHONG DOC DUOC TIENG ANH,MAY TIk NGUOI DICH H& CH2 6/04/98 11:18 AM APPLICATION NO. W ANT.< > N. << O'1 .......... ............................:..:.:.:.......... ::::::::. Trial Court of Massachusetts :.::.:.......:::::..::....:....:..;:....:...:.:.....::.:.:...:......:.:..:> ::::::::::::::::::::.;:. 9 8 2 5 AC 010 578 0 C 1 4.::..::: .....:............................::::::::::.. District Court De artmei P DATE OF APPLICATION DATE OF OFFENSE CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 3/06/98 9/27/97 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (5 08) 3 62-2 511 ODEN PYLE DATE OF HEARING VEiTPLAINANT PO BOX 457 6/0 4/9 8 MUST APPEAR AT W BARNSTABLE MA 02668 TIME OF HEARING ABOVE COURT ON THIS E DATE AND 2 : 00 PM SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK e ?FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. :::< DATE ISSUED CLERK-MAGISTRATE 4 09 98 ATENC16N:ESTE ES UN AVISO OFICIAL OE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUC06N. ATTENTION:CE9I EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS€STES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENCQAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LER INGLE9,OBTEN HA LIMA TRADUQAO. LUU-Y:DAY LA THONG BAO CHINH THUG CUA TOA•AN,NEU BAN KHONG DOC DUOC TIENG ANH,HAY TIM NGU01 OICH Ha. �"116 0-11 It 4Y. > on CH2 4/09/98 2:02 PM MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P.o.BOX 665 W. HARWICH, MA. 02671 TELEPHONE (SOS) 430-1900 TELEFAX (508)430-8662 DAT E: q TELECOMMUNICATION INFORMATION SHEET PLEASE DELIVER THE FOLLOWING PAGE(S) TO: GQria Urenas Recipient's Name Building Dent. Company Telephone Number 508 790-6230 r Telecopier Number THIS MATERIAL IS FROM: Mike Ford (Debbie) Sender's Name Company f5081 430-1900 Telephone Number (508.) 430-8662 Telecopier Number TOTAL PAGES_ (not including cover) IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL SENDERS TELEPHONE NUMBER AS SOON AS POSSIBLE. *nREMARKS—( -NOTICE OF CONFIDEn"f1AL1TY. TRIS TRANSMTrrALMAY CONTAIN INFORMATION THAT IS PRCV ILEGED AND CONFIDENTIAL AND 1S INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS TRANSMITTAL IS NOT THE IMPENDED RECIPIENT OR THE EMPLOYEE OR THE AGENT RESPONSIBLE FOR DELIVERINQ TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIgUT10N OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTiPY US IMMEDIATELY BY TELEPHONE MiMED1ATELY TO ARRANGE FOR INSTRUCTIONS AND ADVICE. T9 39Vd GbO-� ? NOSNIIS Z9989E0809 L8:6T 8661/80/1?0 MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 665 W. HARWICH, MA. 02671 TELEPHONE (506) 430-1900 TELEFAX(S08) 430-8662 April 8, 1998 via fax and mail Omer Chartrand, Clerk First District Court Barnstable, MA. 02630 Re: Town of Barnstable v Oder. Pyle/40 Church St. , W. Barnstable No. 9825AC10578 Dear Mr. Chartrand: Please be advised that I represent Mr. Oden Pyle in regard to the above-referenced matter. By agreement of all parties I am writing to request that this matter, which is scheduled for hearing at 2:00 p.m. on Thursday, April 9, 1998, be continued for a period of sixty days, up to and including ,Tune 4, 1998 at 2: 00 p.m. Thank you for your cooperation and assistance in this matter. Very truly yours, Michael. D. Ford MDF/djw CC: Mr. Oden Pyle Ed Kelley, P.E. Jack Gillis, Supervisor/Consumer Affairs Gloria Urenas, Zoning Enforcement Officer/Building Dept. Z0 3SVd 0602 '8 NOSNIIS Z9980EV809 !E:ET 866T/80/b0 MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX 66S w. HARwICH, MA. 02671 TELEPHONE(SOS)430-19M TELEFAX (509)430-8662 April 8, 1998 via fax and mail Omer Chartrand, Clerk First District Court Barnstable, MA.' 02630 Re: Town of Barnstable v�Oden Pyle/4o Church_5t. , W. Barnstable No. 982SAC10578 Dear Mr. Chartrand: Please be :advised that I represent Mr. Oden Pyle in regard to the above-referenced matter. By agreement of all parties I am writing to request that this matter, which is scheduled for hearing at 2:00 p.m. on Thur_sday_,_Apr_i.l:13_,-1-998-,-be=continued-for-a,period of sixty days, up to and._inciuding June 4, 1998 -at .2:00 p..m. Thank you for your cooperation and assistance in this matter. Very truly yours, Michael D. Ford MDF/djw CC: Mr. Oden Pyle Ed Kelley, P.E. Jack Gillis, Supervisor/Consumer Affairs Gloria Urenas, Zoning Enforcement Officer/Building Dept. Z0 39dd (180d 2 NOSNIIS Z9980£D809 9£:£T 866T/80/C0 MICHAEL D. .FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P.O.BOX"S W. HARWICH. MA. 02671 TELEPHONE(508)430-1900 TELEFAX(509)430-8662 DATE. TELECOXHUNYCATION INFORMATIOU SHEET PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Jack Gillis. supervisor _ Recipient's Name C41199fier Affairs/Licensing Authority Company -790-6250 _ Telephone Number SU-778-2412 - Telecopier Number THIS MATERIAL IS FROM: Mike F Deb Sender's Name Company (5081 430-1900 Telephone Number J5081 430-8662 Telecopier Number TOTAL PAGES_ (not including cover) IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL SENDERIS TELEPHONE NUMBER AS SOON AS POSSIBLE. -NOTICE OF CONFIDENTIALITY. THIS TRANSMITTAL MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL AND IS D?MDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS TRANSMITTAL IS NOT THE WTENDED RECIPIENT OR THE EMPLOYEE OR THE AGENT RESPONSIBLE FOR DELIVERING TO THE INTENDED RECIPIENT.YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US 04MEDIATELY BY TELEPHONE WMEDIATELY TO ARRANGE FOR INSTRUCTIONS AND ADVICE. TO 39dd U80A 2 NOSNIlS Z9980EV809 9E:ET 866T/80/170 LI ATION NO. >1, APP C W .;:.;::. :< :::::::::.;::::::::::::::::::::: :.:::::::: husetts . Trial Court of Massac9825 AC 010578 - r m nt INS:::::::»::>::>::>::>:........ r D a t a ><<<O >CSC:::�::F��4 .:::::::::::::::::::::::::::::::: District Cou t e P O. NO.OF COUN TS DATE OF APPLICATION � DATE OF OFFENSE CITATION N COURT NAME&ADDRESS 3/06/98 9/27/97 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (5 0 8) 3 6 2-2 511 ODEN PYLE DATE OF HEARINGCOMPLAINANT PO BOX 457 4/0 9/9 8 MUST APPEAR AT W BARNSTABLE MA 02668 TIME OF HEARING ABOVE COURT ON THI E DATE AND 2 : 00 PM SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. DATE ISSUED CLERK-MAGISTRATE 3/06/98 ATENCION:ESTE ES UN AVISO OFICIAL OE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUCCI6N. ATTENTION:CE9I EST LINE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENQAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LEA INGLEt,OBTENHA UMA TRADUgAO. LUU-Y:DAY LA THONG BAO CHINH THUG CUA TOA-AN,NEU BAN KHONG DOC DLIOC TIENG ANH,HAY TW NG&OICH Ha. CH2 3/06/98 10:15 AM APPLICATION R ADULT APPLICATION NUMBER(COURT USE ONLY) Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department ��,a The within named complainant requests that a complaint issue ❑ARREST X1 REQUEST HEARING COURT DIVISION against the within named defendant,charging said defendant with the offense(s)listed below. ❑REQUEST El REQUEST SUMMONS WARRANT (one or more felonies) NO.COUNTS POLICE DEPT.CODE I POLICE INCIDENT NO. OFFENSE DATE OFF.LOCATION CODE ARREST DATE CITATION NO.(if applicable) BAR ��`f EFENDANT;IDENTIFICATION ' t � �. >.r LAST NAME FIRST NAME MIDDLE NAME Pyle Oden ALIAS NAME(LAST,FIRST,MI) STREET ADDRESS PO Box 457 - CITY STATE ZIP HOME PHONE West Barnstable MA 02668 CITY OF BIRTH STATE OF BIRTH SID NO. PCF NO. LICENSE STATE MARITAL STATUS SEX ETHNICITY HEIGHT WEIGHT COMPLEXION HAIR EYES FT IN LBS ?OFFENSE INFORMATION' `� _, '0 CHAPJSEC./SUB. DESCRIPTION OFFENSE DATE 1 C3/S1 .1 Violation of Town. of Barnstable Zoning rdinance VARIABLES(e.g:VICTIM NAMEIWEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) Re: 40 Church Street, West Barnstable, MA 02668 Map/Parcel 154/005 CHAPJSEC./SUB. DESCRIPTION OFFENSE DATE 2. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 3. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCElrYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP./SECJSUB. DESCRIPTION OFFENSE DATE 77 4. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) IS DEFENDANT IF NOT IN CUSTODY,BAILED TO COMPLAINANT(OFFICER CODE OR NAME AND ADDRESS) CO-DEFENDANT NAME(S)IF ANY IN CUSTODY? Jack Gillis YES,O Consumer Affairs NO DATE TIME M. 230 South Street WITNESS(ES)(OFFICER CODE(S)OR NAME(S)AND ADDRESS(ES). HyannYs, MA 026UI NAME AND ADDRESS OF EMPLOYER(S)OF DEFENDANT MOTHER'S MAIDEN NAME(LAST,FIRST,MI) FATHER'S NAME(LAST,FIRST,MI) EMPLOYER PHONE DEFENDANT WORK PHONE OCCUPATION DESCRIPTION OF INCIDENT(or attach on separate page) X 2/17/98 S NATURE OP OMPLAINANT DATE DC•CR2A(8/93) i D Nix TOWN Of BA,RNSTABLE BUILDIAG INSPECTOR TYPE OF CONSTRUCTION ......P��yn� �.\J I.y.q Lj 6 U so Inz TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: � Name of Architect ----------------------A66res ---------------------------- ' Number of Rooms --------------------'—.FounJotion -------------------------- / Ex/eriur ----------------------------Roohng -----.------'---------------.. Floors ----------------------------'|n^e,icv ---------------------------_ . | � | Heating ---------------------------.Plumbing —.------.--------_--......................... / }�` .~�- Fireplace ---------------------------.ApprowimoteCoo —..41 --- ......................... ' ./ Definitive-Plan Approved by Planning Board lg----' Area '/��^��—.�'�/L�----- Diagram of Lot and Building with Dimensions Fee .....cr..[l---------' SUBJECT TO APPRO".- L OF BOARD OF HEALTH roo ra � � SE " !! .'�� ^�� .6 ^ r . - . � ^ OCCUPANCY PEMN\D3 REQUIRED FOR NEW DWELLINGS | | hereby agree to conform to all the Rubs and Regulations ofHhe of Barnstable regarding the above ' construction. | No —. —..�� Construction Supervisor's License —.!��!�»�z--- / ' � | DEWIRE, THOMAS A=154-005 No Permit for ...BU-Ud..,S.Wimming..Pob1 ...to..Dme.11ing.......................... Location ..........40...Chur.ch..]S.tx.eet.................... ........................ ...................... Owner. .....TbMma.$..I)P-WlrP....................... Type of Construction ..................Frame............. ................................................................................ Plot ............................ Lot ................................ Permit Granted ........S e.p.t. ...2.6.1..............1 9 85 Date of Inspection ..........................I..........19 Date Completed ......................................19 -49 e &r+ s 4-ar4 e 7— �(O I �1 WEST BARNSTABLE FIRE DEPARTMENT 2160 MEETINGHOUSE WAY ( P.O. BOX 456 WEST BARNSTABLE, MA 02668 / n � JOHN P. JENKINS Chief of Department EMERGENCY. 362-3131 BUSINESS: 362-3241 FAX: 362-3241 October 7, 1998 Zoning Board of Appeals Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Appeal Number 1998-113 40 Church St., West Barnstable {Oden F. Pyle} Dear Board, I am writing in support of the application of Mr. Oden F. Pyle for a Variance in order to legitimize the existing garage apartment on his property at 40 Church Street, West Barnstable. The garage/apartment structure has been used as a rental unit during the tenure of at least the past two property owners prior to the Pyle's owning the property. In fact, the garage/apartment has been rented twice in the past to former members of this Department resulting in great advantage to the Department and to the citizens of the West Barnstable community due to the proximity to our Fire Headquarters and reduced response times (40 Church Street is just around the corner}. In this regard, I strongly endorse and support continued usage/legitimization of the garage/apartment. There are two extremely relevant factors which are very important from the perspective of the Fire Department. First... West Barnstable does not have the tax base to permit the employment of large numbers of career{full-time} personnel. The Department must therefore rely heavily upon off duty career and call {part-time} personnel responding from their homes to answer emergency calls. Secondly... Rental units in West Barnstable are extremely scarce. Even when available, most are very expensive. The availability of affordable rental units are critical to the success of the Department. I Zoning Board of Appeals Page 2 of 2 October 7, 1998 Re: Appeal Number 1998-113 The Pyles, as did the owners of the property before them, have made a verbal commitment to the Fire Department to give first refusal for rental of the garage/apartment to a member of the Fire Department. This has provided important housing to Department personnel who could not otherwise locate and/or afford housing close enough to our Headquarters to make their participation here effective. I am fully aware of the Town's efforts to bring various properties throughout the Town into compliance with zoning and other requirements. In most cases, I would applaud this effort. However, I do not feel that the continued usage of the garage/apartment on the Pyle property poses any detriment to the West Barnstable community but moreover provides a benefit. I encourage the Board to favorably act on Mr. Pyle's appeal. Thank you for your consideration. Sincerely Jo enkins, Chief of Department J PJf CC: Oden F. Pyle i f i - - � - - - /� 4 � /��sQ// � v V r _ I i __ - � APPLICATION NO. sA 'i' ......0. � .... A.......`.............. Trial Court of Massachusetts , *..: ,;:.. .; : 9825 AC 010578 District Court Department :.....:. ...:::. ...:::....::.....:.::.....::.........:...:::.....:............:.:.....::............:.:..... P DATE OF APPLICATION DATE OF OFFENSE CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 3/0 6/9 8 9/2 7/97 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME'AND ADDRESS OF DEFENDANT (508) 3 62—2511 ODEN PYLE DATE OF HEARING F PO BOX 457 COMPLAINANT 11/19/9 8 MUST APPEAR AT W BARNSTABLE MA 02668 TIME OF HEARING ABOVE COURT ON 2 : O 0 PM THIS DATE AND SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. >:< DATE ISSUED CLERK-MAGISTRATE 8 14 98 / / ATENC16N:ESTE ES UN AVISO OFICIAL DE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUCCI6N. ATTENTION:CE91 EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ,a ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENCAO: ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LER INGLES,OBTENHA UMA TRADUQAO. LUU-Y:DAY LA THONG BAO CHINH THUC CUA TOA-AN,NEU BAN KHONG DOC DUOC TIENG ANH,HAY TINA NGUOI OICH Ha. on 114 CH2 8114/98 2:01 PM Town of Barnstable Department of Health, Safety, and Environmental Services Consumer Affairs Division OF 114E tq� 230 South Street, P.O. Box 2430 Hyannis, MA 02601 Office: 508-862-4672 BARNSPABLFE Fax: 508-778-2412 9 MAS' i639. �Fn �s Jack Gillis, Supervisor November 17, 1998 Omer Chartrnad, Clerk Magistrate Barnstable First District Court PO Box 427 Barnstable, MA 02630 Re: 9825AC010578 Oden Pyle/Misc Munic Ord/Bylaw Violation Dear Sir: I respectfully request that the Magistrate Hearing scheduled for November 19, 1998, at 2:00 PM, for the above referenced matter be withdrawn. This matter has been resolved. Respectfully, ack Gillis Division Supervisor JG/Ifl court/bldg-div/98pyle.doc I 1 ' MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAN STREET P. O. BOX 66S W. HARWICH,MA. 02671 TELEPHONE(WO)430-1900 TBLBFAX(SOS)43""2 November 13, 1998 via fax 508-778-2412 Jack Gillis, Supervisor of Consumer Affairs School Administration Office 230 South Street Hyannis, MA. 02601 Re: Town of Barnstable v Oden Pyle/40 Church St. , W. Barnstable Application for Criminal Complaint No. 9825AC010578 Dear Mr. Gillis: It is my understanding that the issuance by the Zoninq Board of Appeals of the variance in Case No. 1998-113A (copy enclosed) , moots the issue which was the subject of your application for a criminal complaint for violation of a miscellaneous municipal ordinance/bylaw. If you concur, I would request that you notify the Court, in writing, that you have chosen to withdraw your application for a criminal complaint and send me a copy of same. If you need me to do anything further by way of a filing with the Court or your office, please advise. Very truly yours, Michael D. Ford MDF/djw CC: Oden Pyle Gloria Urenas, Zoning Enforcement Officer/Building Dept. i Z0 39dd GHOA 8 NOSWIS Z9980EP80S ZO:bi 866i/ET/ii I rra ti_. Town of 8amstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-113A-Pyle Variance to Secdon 2-3.6 Number of Buildings Allowed Per Lot summary: Granted with Conditions Petitioner. Oden Pyle Property Address: 740 Church Street,West Bamstabie Assessor's 1Mop/Psresh Map 154,Parcel oo5 Area: 2.80 acres Building Area: Main Residence-2.770 sq.ft.,Garage/Bam Stnx3ure-672 Sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: WP We0 Protection District Background: The property that is the subject of this appeal consists of a 2.60 acre lot that is presently improved with a one-story, 2.770 sq. ft.single-family dwelling and a 672 sq.ft detached garage/bam structure'. It is located within an RF Residential F Zoning District. In December of 1983,the Zoning Board of Appeals granted Special Permit No. 1983-106 to allow a family apartment to be built above the existing garage/bam. A family apartment was subsequently bulk by the owner at that time,Thomas A. Dewire. The property was sold in 1989 to Bruce B. McQuaid,who sold it to the current owners in 1993. The family apartment provisions of both the 1983 Zoning By-law and the current Zoning Ordinance require that the kitchen facilities be removed within 60 days from the date the person or persons residing in the family apartment vacate the premises and that the premises be restored as nearly as possible to their original character before the creation of the family apartment. Evidently,this was not done. The applicant should be prepared to document the use of the apartment unit since its creation in 1983. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. Also,the only principal permitted use in the RF zoning classification Is detached single-family residential dwellings. The applicant is applying for a Variance to Section 2-3.6 Number of Buildings Allowed Per Lot and Section 3-1.4(1)(A)Principal Permitted Uses. In the alternative,the applicant is also applying for a Variance to the family apartment provisions of the Zoning Ordinance,Section 3-1.1(3)(D). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 10, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The 'According to assessor's records dated 09/23/98 E0 39vd a8OJ '8 NOSNIIS Z9980EV80S ZO:bT 866T/ET/TT Town of Barnstable-Zoning eowd of Appeals-Decision and Notice Appeal Number 1998-113-Pyle V&Wnn to Section 2$.e 3 section 3.1.4(1)(A),of in the altemg1va■VAAMW to See6on 3.1.1(3XO) hearing was opened October 7, 1998,at which time the hoard granted a Variance to Section 2-3.6 with conditions. Hearing Summary: Board Members hearing this appeal were Gall Nightingale, Richard Boy, Tom DeRiemer, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the Petitioner,Oden Pyle,who was present along with Edward Kelly, Registered Land Surveyor. Attorney Ford submitted a memorandum to the file in support of this appeal. Attorney Ford reported there is a main house and a detached garagelbam structure with a one room apartment in the upper level. The prior owner applied for and was granted a Special Permit for a Family Apartment in the garagetbam structure. Over time,the bam was rented to non-family members. The current owner, Oden Pyle,bought the property in 1993,and at that time, there was a tenant in the barn. Recently,they were told by the Building Department that they were renting the apartment illegally because it was not being used as a Family Apartment and was rented to a nonfamlly member. In an effort to Comply with Zoning,the applicant explored the idea of dividing the land and they hired Mr. Kelly to prepare a series of plans for dividing the property. Three different plans were drawn. Mr. Ford explained(in detail)the different plans and the ramifications of each plan. After reviewing the plans and the recommendations of the Planning Board, Mr. Ford advised Mr. Oden to seek relief from the Zoning Board of Appeals rather than subdivide the land which would also require the construction of a road. There are two separate principal dwellings on one lot and the applicant is seeking a Variance from Section 2-3.6 of the Zoning Ordinance which limits the number of buildings allowed on a lot. He is willing to have the Zoning Board of Appeals impose a restriction in their Decision that the relief granted is contingent upon a restriction prohibiting the property from being divided or subdivided while the rights under the Variance are being exercised. This would be better than cutting up the land,cutting down trees and destroying over 70 feet of an old stone wall that exists on the property. Attorney Ford submitted a letter from Chief John P. Jenkins of the West Barnstable Fire Department. The letter states the barn apartment has been used as a rental unit and rented twice In the past for former members of the fire department resulting in a great advantage to the department due to its close proximity to the station. He strongly endorses the continued usage of the garage apartment and this request to legalize the use. Pursuant to MGL Chapter 40A, Section 10,Attorney Ford discussed the Variance Conditions. This lot has unique circumstances and resulting hardship. The topography of the parcel is unique in that 9 slopes from the front to the rear over 15 feet in grade. As a result of this topographical condition on the lot, the requirement that a road be put in place in order to divide the parcel would result in a financial hardship to the Petitioner. Also,there is an old,large stone wall in front that would have to be destroyed for the construction of a road to the back lot. The relief may be granted without substantial detriment to the public good because the utilization of this 2.6 acre parcel for a single family home and an existing apartment would result in a less intense use than to divide the parcel into two smaller lots each with its own dwelling. The granted relief would not derogate from the intent or purpose of the Zoning Ordinance because the applicant is willing to have a restriction put in place stating he will not divide the land as long as the rights under the Variance were being exercised. As to the relief requesting a Use Variance to Section 3-1.4(1)and in the alternative a Variance to Section 3-1.1(3)(D), Attorney Ford stated if the Variance to Section 2-3.6 is granted,the other relief is not needed. For clarification,each structure has a separate septic system and(in Mr. Kelly's opinion)both systems would pass inspection. Both dwellings share one well. 2 00 30dd G80J 1? NOSNIIS Z9980creas ZO:PT 866T/ET/TT i Town Of Barnstable-Zonlnp Boats of Appeals-Decision and Notice Appeal Nufter 1998-1 t3-Pyle Vamnov to Section 2-3.6 3 Section 3-1.4(1)(A),or In its aleernstin s Vprienw to Section 3-1.1(3XD) The interior of the bam was discussed. Mr. Oden reported the second floor of the bam is one large room with a kitchen and bed and small bathroom. The bottom is the garage-one big room-entered by two garage doors with a small bathroom(toilet only). Public Comment No one spoke in favor or in opposition to this appeal. Board Member Gail Nightingale was concerned because there was previously a family apartment and now the applicant is seeking to legalize it as a separate dwelling unit which is not the intent of the Family Apartment Permit. This would set a bad precedent. Attorney Ford explained that the locus is unique because this parcel can be subdivided,and have two separate homes,which is not the case in other Family Apartment Permits. However, in his opinion, it is a better use of the land not to subdivide the property and build a road but rather grant the Variance relief- which Is not a Use Variance-but a Variance to the number of buildings allowed per lot Board Member Elizabeth Nilsson stated if the relief were limited to the single family home,and the one apartment as it now exists,she would rather grant the Variance requested than divide the land. Findings of Fact: At the Hearing of October 7, 1998,the Board voted on the following findings of fact as related to Appeal No. 1998-113* 1. The applicant, Oden Pyle, is seeking a Variance to Section 2-3.6-Number of Buildings Allowed Per Lot 2. The property address is 740 Church Street,West Barnstable,MA,as shown on Assessor's Map 154, Parcel 006. The site is 2.60 acres. The Main Residence is 2,770 square feet and the Garage/Sam Structure is 672 square feet. 3. The site is located in the RF Residential F Zoning District and the WP Well Protection Overlay District, 4. In 1983,the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a Family Apartment to be built in the garage/bam structure. A family apartment was built by the owner at that time. 5. The applicant bought the property with the apartment as it now exists and has maintained the apartment. It has not been used as a Family Apartment,but rather rented illegally to nonfamily members. 6. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one tot. 7. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. However,the locus is unique in that the parcel is 2.6 acres which is more than the one acre per lot required in the Zoning Ordinance. 8. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance because the applicant has stated he will not increase the buildings beyond their present footprints. 9. As a result of the sloping topographical condition on the lot and an old stone wall, the requirement that a road be put in place in order to divide the parcel would result in a substantial financial hardship to the Petitioner. These are unique conditions that exist that affect the locus and a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,financial or otherwise to the petitioner. 10. According to the Health Department,the septic system for the apartment unit is approved for one bedroom. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: Thomas DeRiemer 3 90 39tid G60J '8 NOSNIlS Z998BEP809 ZO:tT 866T/ET/TT Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1 MB-113-Pyle Variant+to Section 23.6&Section 3-1.4(1)(A),or In the alternative s variance to section 3-1.1(3)(0) Decision: Based on the findings of fact,a motion was made and duly seconded to grant the relief being sought in Appeal Number 1998-113 for a Variance to Section 2-3.6 subject to the following terms and conditions: 1. There shall be no further division or subdivision of the property. 2_ both the apartment unit and the main residence shall not be expanded in area or foot print without approval from the Zoning Board of Appeals. 3. The apartment unit will be a one bedroom apartment only. 4. The septic systems on the property shall meet current Title V requirements without variance from the Board of Health. S. All regulations of the Building Division, Health Division and Fire Department shall be met. The Vote was as follows: AYE: Gail Nightingale, Richard Boy,Elizabeth Nilsson, Thomas DeRiemer,and Chairman Emmett Glynn NAY: None Order. In Appeal Number 1998-113,the Variance to Section 2-3.6 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to.be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A,Section 17.within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the ;T&Ierk. AV-1998 Emmett Glynn,Chairman Date Signed I Linda Hutchenrider,Clerk of the Town of Barnstable, Barnstable County,Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed In the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider,Town Cleric i I 4 90 39dd QaOd 2 NOSNIIS Z9980EV809 Z@:VT 866T/ET/TT i r 0 0 0 4 O O O q J J A r {A A 4f q r y O O O O O O O O N d N W to R y O A • • rn "' n [9 A 4 pnp R1 m pH A 0 i y A N1 !� b to �1 Aya= N W W y H p d N N �4 N N �O O O O io O a d Ax A n x ton 7XC J y • S O � � u� � X Q a 1 m x H (A jH7 rA y N tA tn y m 4l E A O O O O O C. o O O O N N N N N N N N N N N O� a T O� 01 O O� O� lf� 01 �• 01 C1 C1 Q/ O1 O� Q0 W Q - 00 cc CDm m m m p J ►+ LO 30Vd G60J 2 NOSNllS Z9980EV80S ZO:VT 866T/ET/TT cW 1i edW�el u 71WZ 4P�a ter Oab*w 07.19Ns To an persons intahwated In.or afMoted by the Board dAppeais under Sec. 11 of Chapter 40A of the General Laws d the ConmomMalth of Msgedr,aetts,end a1 amer4ments thereto you are hereby notified thet, 7.30 P.M. Ahern Appeal Number 19WI 12 Barbaro Ahem has apptted to the zoning Board dAppeeio tars Varlsms to Section 34 A(S) Bulk Mgutstions•minimum lot arse.The Appicw t owns Moth dote and widnes to na-esi btish the development rtghta at each lot under the Z""Ordsnsncs.The property Is shown on Assessors Map 273,Parcels 209 and 210 is and commonly addressed as 702 and 714 Otd Strewb@rryHill Road(nwspecthvety).Hyannis,AAA.In an RC-i Reddanye)C-1 Zoning District. 7:43 P.M. PytaAppeal Number 1998-113 Oden Pyle has epplad to the Zoning Board of Appeals for Varienes to Section 2-3.6 N,snbsr Of 11didings Allowed Per Lot; Section 3-1.40XA1 Principal Permitted Uwe. or in the altemarive a Variance to Section 3.1.1(8XD) Fa in y Aperi narrt• The Applicant seeks Permission to utilize a fanner Family Aperpmem as a shrpwwb dwelling unit end males two dw'elkng units•en one tot which Is 2.6 acres in site.Pend~is vaWng to hays a restriction Plieed an tot Of*no tartish subdivision or dMaion'as a condition of the requested vansme. The Property to shown an Asaasooes pap 154.Pmcd WS and is a mmonly addressed an 40 Church Street.Went Barnstable,MA In an RF Residential F Zoning C)IG t. 8:00 P.M. Rom lo Appsd Number INN-114 Jahn and Hilda Rosario have petltioned to the Zoning Board of Appeds fors Spew Permit Pursuant toSectlon 4.4.2 NonconfomUgtatsThe @deaf 3o ketoffrahtsgstotheatyaceat tot erantes a maw nonconforming tat.The PIMP"Is shown on Assessors 1Map 291.Pencil Band addressed as 400 Mitcheirs Way.Hyannis.MA in an RO Residential or"Dwet. 8:Is P.M. Devito Appeal Number 1g98-115 John E.Devito hoe apps@d to the Zoning Soard of Appeals for a Use Verisnce to Section 3- 1.1'PrincOd Permitted Uses to allow the contMued use of the property as a two-family dwelling in a single family rwsidentlsl dwelling dietAct.The property Is shown on Assessors Map 289.Parcel 141 andis camnoiyaddreeeed as I S Sterling Road,I•fysr nie,MA in an RO ResdWW 8 Zoning DWftL 8:30 P.M. Omn4 MK CommumeWane."SOPS..LLC Appeal Number 1998.116 0-00"�.MB OPS,LLC has petitioned to tho Zorwg Board of for s SPecW ftnTQ pursuant to Smarm 4-4.4(Z Noncadorming&Wdi ng or StruC hir Used as a Single a Tvvo.Fan*dweWg end Section 4.4.50)Change of a Noncenfom*V Use to Mother NonconfonnInrg Use and/or Section 4.4.6(2)Expansion of a PrwEnasttng Nonconfomddg Usa.The pettttonar proposes to attach a pair d'omni'antennas(72'x 16• cylindera)to the top of an e,deft wood ConnElactrie telephone pole and to place a 2.5'x4.0' equipment cabinet within a kneed area on the ground.The antenna v.v not exceed the existing height of the Pokt.Howwvar,the existing pots atnrehse doss not meet sideywnd setback reyytranents and the currant telephone and electric utility uses andetkng am nonconforming.Theprepettyls shown on Assessor's Map 099,Parcel 059end,$comnnornly addressed as 224 CarnmMt Road.Mansions Mills,MA in an RF Residential F Zw q District. 8.•4S P.M. Mom Appeal Nunbw 1299.117 Jacques N.Monn has applied to the Zoning Board of Appeals for a Variance to Section 3. I.1(5)Bulk Regulations to permit a reduction in the front yard setback from I W feet to 30 feet and the aide yard setback from 30feet to 19 fast.The property is sbOwri on Assessors Map 229,Perco Ogg and is commardy addressed as 13M Falmouth Road(Routs 29). Csntervpl@,MA hn an M I R"Id tW O-1 Zar"District. 8:50 P.M. Morin Appel Number 1998.119 Jars N.Mom hmpetlf mW to thaZawgOoadofAppeds fore Spsctdhpnnitpureusntt to Section 3-1.1(3M Conditlond Uses.The petitioner sit staking pet Vaelon to rent rooms to no 00 than Six(6)W90M In one(1)muhiple-unit dwelling.The property is shown on Assessors Map229.Parcel099andis com montyeddressedes 1358 Falmouth Road(Route 28).Center Is.MA in an RD-t fltsldentW G 1 Zoning District. These Public Hearings will be held in the Hearing Room;Second Floor.New Town Hall.367 Main Street, Hyannis. Massachusetts on Wednesday.October 07. 1998.AN plans and applications may be reviewed at the Zoning Board of.Appeals Office,Town of Bennstabie, PWWno Department.230 South Street.Hyannis.MA. Emmett Glynn,Chairmen Zoning Board of Appeals The Barnstable Patriot Septemnbar I?a September 24.1998 80 30dd G80J '8 NOSNIlS Z9980ED80S ZO:tiI 8661/EZ/11 MICHAEL D. FORD, ESQUIRE ATFORNEY AT LAW 72 MAIN STREET P.0.sox"5 W. HARWICH,MA. 02671 TELEPHONE(SOB)430-1900 TELEFAX(508)430-8"2 DATE. k TELEC01 UMXCATION INPORKILTION OXXXT PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Jack Gillis. Supervisor Recipient's Name Consumer Affairs/Licensinar Authority Company 509-790-62SO Telephone Number §08-778-2412 Telecopier Number THIS MATERIAL IS FROM: Mike Ford (Debbie) Sender's Name Company (,5081 430-1900 Telephone Number (508 430-8662 Telecopier Number TOTAL PAGES (not including cover) IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL SENDER'S TELEPHONE NUMBER AS SOON AS POSSIBLE. »aREMARRSu« .NOTICE OF CONFIDENT[AI ITY. Tm TRANSMrITAL MAY CONTAIN INFORMATION THAT IS PRrM EOED AND CONFIDBNTtAL AND 13 INTENDED ONLY FOR THE USE OF THE WDTVIDUAL OR ENTrry NAMED ABOVE. IF THE READER OFTSIS TRAN3h1=AL IS NOT THE INTENDED RECIPIENT 01 THE EMPLOYIM OR THE AOEW RESPONSIBLE FOR DELIVERING TO THE MMED RECM ENT,YOU ARE HEREBY NOTED THAT ANY DISSEMINATION, DES"IRIBUTION OR COPYING OF THIS COD04UNICATION 19 STRICTLY paoRmnw. LI+ YOU HAVE RECEIVED THIS CoboAuNWATION IN ERROR, PLEASE NOTIFY US W431MATELY BY TBL MONB BMWIATBLY TO ARRANGE FOR INSTRUCTIONS AND ADVICE. TO 39dd G60d 2 NOSNIIS Z9980ED80S ZO:bT 866T/ET/TT I MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAW STREET P. O. BOX"S W. HARWICH.MA. 02671 TELEPHONE(308)430-1900 TELEFAX(508)430-9662 August 13, 1998 Hand Deliver Omer Chartrand, Clerk First District Court Barnstable, NA. 0263o Re: Town of Barnstable v Oden Pyle/40 Church St. , W. Barnstable NO. 9825AC10578 Dear Mr. Chartrand: Please be advised that I represent Mr. Oden Pyle in regard to the above-referenced matter. By agreement Of all parties,, I an writing to request that this matter, which is scheduled for hearing at 2:00 p.m. on Thursday, August 13, 1998, be continued for a period of ninety days, up to and including November 19, 1998 at 2:00 p.m. Thank you for your cooperation and assistance in this matter. Very tru yo , ichael D. Fo d MDF/djw BLED TO: Jack Gillis, Supervisor of Consumer Affairs CC: lair. Oden Pyle Ed Kelley, P.E. Gloria Urenas, Zoning Enforcement Officer/Building Dept. E0 39Vd G80d 2 NOSNIlS Z9980Eb80s ZE:LT b66T/0Z/10 MICHAEL D. FORD, ESQUIRE ATTORNBY AT LAW 72 MAIN STREET P. O. BOX 66S W. HARWICH, MA. 02671 TELBPHONB(SM)4W1900 TELEFAX(508)430-8662 August 12, 1998 via fax 508-778-2412 Jack Gillis, Supervisor of Consumer Affairs School Administration Office 230 South Street Hyannis, MA. 02601 Re: Town of Barnstable v Oden Pyle/40 Church St. , W. Barnstable No. 9825AC10578 Dear Mr. Gillis: Per your telephone conversation this date with my office, enclosed please find a letter directed to the Barnstable First District Court requesting a continuance of the above-referenced matter. It is my understanding that you will assent to said request for continuance and, hand deliver, this letter to the Court tomorrow. As always, I appreciate your cooperation and assistance. Very urs, ichael D. Ford MDF/djw CC: Gloria Urenas, Zoning Enforcement Officer/Building Dept. Z0 39Vd adoA ? NOSNIlS Z9980EV805 ZE:Gi D66i/0Z/i0 MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAW STREET P. O. BOX"S W. HARWICH, MA. 02671 TELEPHONE(S08)4W1900 TELEFAX(SOS)4304"2 August 12, 1998 via fax 509-776-2 412 Jack Gillis, Supervisor of Consumer Affairs School Administration Office 230 South Street Hyannis, MA. 02601 Re: Town of Barnstable v Oden Pyle/40 Church St. , W. Barnstable No. 9825AC10578. Dear Mr. Gillis: Per your telephone conversation this date with my office, enclosed please find a letter directed to the Barnstable First District Court requesting a continuance of the above-referenced matter. It is my understanding that you will assent to said request for continuance and, hand deliver, this letter to the Court tomorrow. As always, I appreciate your cooperation and assistance. Very urg, ichael D. Ford MDF/djw CC: Gloria Urenas, Zoning Enforcement Officer/Building Dept. za -4nha nNn4 IR NrrNTIS Z998GEDS09 ZE:LT 066TAM/T0 f Town of Barnstable Department of Health, Safety, and Environmental Services Consumer Affairs Division �V 230 South Street, P.O. Box 2430 Hyannis, MA 02601 Office: 508-862-4672 RAJEU ABM : Fax: 508-778-2412 Mass. Jack Gillis, Supervisor November 17, 1998 Omer Chartrnad, Clerk Magistrate Barnstable First District Court PO Box 427 Barnstable,MA 02630 Re: 9825AC010578 Oden Pyle/Misc Munic Ord/Bylaw Violation Dear Sir: I respectfully request that the Magistrate Hearing scheduled for November 19, 1998, at 2:00 PM, for the above referenced matter be withdrawn. This matter has been resolved. Respectfully, Z ck Gillis Division Supervisor JG/Ifl court/bldg-div/98pyle.doc /999 TOWN OF BARNSTABLE 1999 STREET LISTING V STNO NAME YOB OCCUPATION V STNO NAME YOB OCCUPATION • 731 MANDEL, SUSANA 1957 285 NICOLSON, ANNE D 1952 HOMEMAKER • 731 MANDEL, THEODORE 1957 PROGRAMMER • 311 DOLAN, ROSE ELIZABETH 1910 RETIRED • 740 SWANSON, ERIC A 1957 AUTO TECH 311 DRISCOLL, COURTNEY ROSE 1981 ' 740 SWANSON, KARYN M 1966 OPERATIONS CL * 311 DRISCOLL, MICHAEL JOSEPH 19S3 CHEF • 747 BACIGALUPO, GEORGEJ 1957 MARKETING 311 DRISCOLL, SUZANNE 1951 HOUSEWIFE • 747 BACIGALUPO, PHYLLIS RAE 1952 HOMEMAKER 324 CAPPELLO, ANDREW P 1977 STUDENT • 765 DEMKO, LOIS A 1960 SCREEN WRITER ` 324 CAPPELLO, CHRISTINE M 1960 HOUSEWIFE • 765 DEMKO, PATRICK J 1950 INT.DESIGNR 324 CAPPELLO, DAVID M 1954 ROUTE DRIVER • 770 DEROSA, THERESA F 1918 RETIRED 324 CAPPELLO, JILL M 1981 STUDENT • 770 HARDY, CHRISTOPHER D 1958 COMPUTER SOFT • 410 OREGAN, FREDERICK M 1946 ANIMAL WELFARE • 770 HARDY, DONNA DEROSA 1959 PHY THERAPIST 410 OREGAN, NANCY ACKER 1951 805 NUGNES, KRISTEN V 1966 DENTAL ASSIST • 417 ABOODY, HEATHER ANN 1967 BANK CLERK • 805 NUGNES, PETER J 1965 LINEMAN * 417 EWS, JAMES R 1961 POLICE OFF • 825 BOTTCHER, LEIF E 1963 CARPENTER 429 EWS, JAMES H 1932 825 HILLS, DANIEL L 1978 STUDENT • 429 ELLIS, PHILIP G 1967 • 825 HILLS, LAWRENCE W 1942 MECH ENG 429 EWS, RUTH E 1938 825 HILLS, RUTH R 1976 STUDENT • 453 JENKINS, EDWIN B 1939 825 HILLS, SARAH W 1975 STUDENT • 453 JENKINS. JOHN PALMER 1945 FIRE CHIEF 825 HILLS, SETH R 1979 STUDENT * 453 THOMSON, SHERRY L 1957 • 460 MURPHY, GARY S 1952 CEDARCREST LN • 16 HAROOTUNIAN, ALEXIS B 1977 COACH LIGHT RD 16 HAROOTUNIAN, CAROLYN C 1944 SECRETARY 6 HOPPE, THOMAS P 1939 SELF EMO 16 HAROOTUNLAN, CHARLES E 1942 MAINTENANCE 7 KRASKOUSKAS, JAMES P 1946 SELF EMPLOYED 23 WEISS, ALLISON R 1981 STUDENT • 7 KRASKOUSKAS, KILEY M 1978 STUDENT • 23 WEISS, CHARLES J 1953 MANAGER • 16 VESPA, ANTHONY J 1957 WALLPAPER CON • 23 WEISS, LYNN G 19S3 TEACHER ASST. • 16 VESPA, CHRISTEL 1958 CNA ' 35 DAVIDSON, LINDA S 1952 SECRETARY 23 POMPAY, RHODELLA H 1920 RETIRED • 35 DAVIDSON,JR HARRY E 1952 CLEAN HARBORS • 26 ROCHA, GLORIA T 1927 RETIRED CHRISTMAS WAY COACHMAN LN • 49 OOSTERMAN, DOROTHY M 1957 REAL EST BKR 8 MARINEW, JAMES F 1945 ENGINEER * 56 STRICKLAND, EILEEN HARRINGTO 1958 MGR 8 MARINELLI, JO H 1950 RECEPTIONIST • 56 STRICKLAND, JAMES M 1964 CSR 15 ROBERTS, EDWARD W 1923 RETIRED ' 65 DOWLER, DONNA N 1947 SIGN PAINTER ` 15 ROBERTS, JANET M 1923 RETIRED • 65 DOWLER, HARRY W 1932 SIGN PAINTER • 24 WHITE, CAROL 1946 UNDERWRITER • 24 WHITE, JAMES E 1946 INVESTIGATOR CHURCH ST 41 FROST, ELIZABETH M 1977 STUDENT • 20 MERRITT, JANE STARK 1930 RETIRED 41 MARCANTONIO, VINCENT P 1951 AREA MGR • 20 MERRITT,JR EARLE P 1927 RETIRE/SEXTON • 41 STANSIFER, ROBERT C 1966 FIREMAN/PARAM . ` 29 CONROY, JAMES P 195242 ETTER-FOSTER, KRISTINE 1956 • 29 CONROY,_NANCY_E. 1959 TELE TECH • 42 FOSTER, DAVID S 1960 • 40" CROCKER, WENDY 1972 SOCIAL WORKER 42 WATSON, SHEIIRIS 1941 HOUSEWIFE • t�40 A. FOURNIER, KARIN M7 1969 HOSTESS 67 AVEDIAN, HEILA M 1939 SALES/IiOMEMKR • r 40 PYLE, ODEN F 1921 RETIRED • 67 AVEDIAN, VAUGHN S 1940 EDUCATOR • C140 PYLE, SHIRLEY JUNE 1921 RETIRED • 74 NABOZNY, LORIANN 1970 SINGER • 40 "PYLE-, IRLETA 1925 CLERK • 85 BELL, GREGORYA 1956 REFRIG TECH ' 45 SISSON, PAUL A 1956 SEAFOOD BUSN • 85 EACMEN, THERESA 1952 VOC COUNCL • 59 REYNAR, CHARLENE 1959 115 ROSENTHAL, DAVID E 1951 MERCHANT * 59 REYNAR, GEORGE J 1940 120 LEE, JENNIFER C 1946 STATISTICIAN • 72 JUKES, EDDIEMAE S 1978 STUDENT 120 LEE, JOHN Y 1951 PHYSICIST 72 JUKES, MARGUERITES 1981 STUDENT • 127 FARNHAM, GRETCHEN K 1945 COLLEGE ADMIN ' 72 JUKES,SYLVIA, ARGUHEILA E 1981 127 FARNHAM, HENRY C 1941 BANKER * 160 JOHNSON, DEBORAH L 1951 ARTIST CRAFTER • 127 FARNHAM, KIMBERLY A 1971. SECRETARY • 160 JOHNSON, JOHN J 1946 BUILDER 127 FARNHAM, LINDSEY B 1976 STUDENT • 160 JOHNSON, KARL E 1974 STUDENT • 142 ZICK, ANA J 1957 AT HOME * 160 JOHNSON, SARAH B 1976 STUDENT 142 ZICK, DONALD P 1951 BUYER * 172 ODONNELL, MAUREEN D 1947 149 KING, ANN K 1941 AT HOME • 196 FERGUSON, JANE G 1949 NURSE • 149 KING, DAVID J 1966 196 RITZMAN, SAMUEL F 1979 • 149 KING, JAMES D 1929 NUMISMATIST 196 RITZMAN, TAMUELA 1981 160 CONNOLLY, JULIANNAT 1936 HOUSEWIFE • 196 SLAKE, PATRICK J 1981 PROD.SUPERVR • 160 CONNOLLY, MATTHEW E 1933 RETIRED • 215 BLAK A ATRICK P 1955 PHYSICIAN • 177 SWEETMAN-WASHBURN, PAULA 1958 INVEST BANK • 215 WOOD, BRAN 8 1950 RETIRED • 1T7 WASHBURN, PAULA SWEETMAN 1958 ' 216 WOOD, ROBERT B 1937 RETIRED * 177 WASHBURN, TIMOTHY A 1952 RET STORE OWN • 216 WOOD, OBERTR M 1925 TEACHER 180 MORETON, ANDREA P 1955 REAL ESTATE • CLARK • 180 MORETON, STEVEN P 1954 SELF EMPLOYED • 230 ULVEN, JOHN R 1944 SELF EMPLOYED • 207 SWARDSTROM, BARBARA A 1944 PROFESSOR• 249 GAVIN, DANIELGLENN 1977 STUDENT 207 SWARDSTROM, JOHN W 1932 PROFESSOR 249 GAVIN, GLENN F 19S2 ENGINEER 235 TURGEON, BRUCE 1938 MECHANIC • 249 GAVIN, LAURA E 1981 STUDENT * 235 TURGEON, CHARLOTTE 1948 COMP SPEC 249 GAVIN, UNDA A 1954 HOME TECH * 236 EMMONS, LAURA S 1950 MED TECHNOL 249 GAVIN, MAUREEN L 0983 STUDENT 249 GAVIN, THOMAS C 1976 STUDENT * 260 SAMUEL, EMILY F 1907 HOUSEWIFE CONANT LN ' 263 DONAHUE, JAMES M 19SS SALES • 19 DAVIDSON, ABBOTT R 1957 FURNITURE RET • 263 DONAHUE, SUSAN E 1960 BANKER ' 19 DAVIDSON, UNA E 1956 PIANIST • 282 FITTON, JEREMIAH 1950 SELF EMPLOYED • 19 EITZEN, MARGARET M 1925 RETIRED • 282 SHIFLETT-FITTON, DEBORAH 1956 NATURALIST • 19 GUERTIN, ROSEMARIE P 1918 HOUSEWIFE •INDICATES VOTER 227 I 11/13/1996 14:07 5084308662 STINSON .9 FORD PAGE 01 '301A(IV aW SNOLL MILLSM Bost HONYUV QL A=VlagWG BNOHdB U A9 X"LVICIKM Sf1 1010N 3MId '10li>f8 M NOLLV:) f1YHMW MU aNA133n SAVH nOA 4 'asIM9011d A7l.OMS M N01J1VMHflM00 SIHI dO OPUA400 110 NOLLf1OWMa 'NOLLVbUMSSIQ ANV ,LVKL agldLWH A88Y3H 311V 110 INMIDE i1 QSON3.LNI 3HI 01 WMAM(l VU 87MSN0dS31 .UMDV HfU 110 MA(ndM HtU I10.LNWdlMM QBaNNJ,M STLL WN SI'1VIU)4$NYILL$7H,L d0 BSQVSS M dl 'BAOSV Q$iKVld A Il I NS W0 7Vn(31AlCM SHt d0 38n SHl AOA A'INO aSQPIS.LM S aNV'IVLLK3cmPIoJ QMV QBDlrnATIld SI IVH.LNOLLV f4SOdM MVlmoD AV W 7VLuwSNV-dL SIH,L 'AMlY1.1NSmdN00 dO SOLLOW a Wq)rd tfd'3?I'A 44 3'IBISSOd Sly HOOS SV H3VWnN 3NOHd3'I$I S*H3QNHS 'I'M 3SY3'Id 'Sa!)Vd 3HI 77Y 3AIR03U ION Oa nOx 3I (2eno0 buLpnl*UT IOU) / 33VYd 'I` IOI aegmnN aa�doOaTay C aegMftN euogdulay 00 - E Auedmo0 emvN s,aapueS t WOHd SI 7YI431YW SIHI aegnmN JoTd000layOEZ9-OBL-809 aagmnN auogdelel AuvdmoO ameN 9,4uatdt3ag :OI (S)39Fld ONIM0' 70i M, NRAI730 3S1311d Z3S88 NO14LV iNDMI X03m0I18Ammoolirm 3If1Q Z998-0£t(805) XVd3'u 0061-Mb(805)RNOHdn3i IL9ZO *VW 'H01MlIVH A V"xom•o•d 13MUS 14u ZL AA vIl IV xHiol iV auinasa `cx®3 •Q -WHOIN Town of Barnstable-Zoning Board of Appeals-Declalon and Notice Appeal Number 1998413-Pyle Variance to Section 2-3.6 a Section 3-1.4(1xA),or in the aitemaWe a Variance to Seetlon 3-1.1(3)(0) hearing was opened October 7, 1998, at which time the Board granted a Variance to Section 2-3.6 with conditions. Hearing Summary: Board Members hearing this appeal were Gall Nightingale, Richard Boy, Tom DeRiemer, Elizabeth Nilsson, and Chairman jEmmett Glynn. Attorney Michael Ford represented the Petitioner, Oden Pyle, who was present along with Edward Kelly, Registered Land Surveyor. Attorney Ford submitted a memorandum to the file in support of this appeal. Attorney Ford reported there is a main house and a detached garage/barn structure with a one room apartment in the upper level. The prior owner applied for and was granted a Special Permit for a Family Apartment in the garage/barn structure. Over time,the barn was rented to non-family members. The current owner, Oden Pyle, bought the property in 1993, and at that time, there was a tenant in the barn. Recently, they were told by the Building Department that they were renting the apartment illegally because it was not being used as a Family Apartment and was rented to a nonfamily member. In an effort to comply with zoning, the applicant explored the idea of dividing the land and they hired Mr, Kelly to prepare a series of plans for dividing the property, Three different plans were drawn. Mr. Ford explained(in detail)the different plans and the ramifications of each plan. After reviewing the plans and the recommendations of the Planning Board, Mr. Ford advised Mr. Oden to seek relief from the Zoning Board of Appeals rather than subdivide the land which would also require the construction of a road. There are two separate principal dwellings on one lot and the applicant is seeking a Variance from Section 2-3.6 of the Zoning Ordinance which limits the number of buildings allowed on a lot. He is willing to have the Zoning Board of Appeals impose a restriction in their Decision that the relief granted is contingent upon a restriction prohibiting the property from being divided or subdivided while the rights under the Variance are being exercised. This would be better than cutting up the land, cutting down trees and destroying over 70 feet of an old stone wall that exists on the property. Attorney Ford submitted a letter from Chief John P. Jenkins of the West Barnstable Fire Department. The letter states the barn apartment has been used as a rental unit and rented twice in the past for former members of the fire department resulting in a great advantage to the department due to its close proximity to the station. He strongly endorses the continued usage of the garage apartment and this request to legalize the use. Pursuant to MGL Chapter 40A, Section 10,Attorney Ford discussed the Variance Conditions, This lot has unique circumstances and resulting hardship. The topography of the parcel is unique in that it slopes from the front to the rear over 15 feet in grade. As a result of this topographical condition on the lot,the requirement that a road be put in place in order to divide the parcel would result in a financial hardship to the Petitioner. Also, there is an old, large stone wall in front that would have to be destroyed for the construction of a road to the back lot The relief may be granted without substantial detriment to the public good because the utilization of this 2.6 acre parcel for a single family home and an existing apartment would result in a less intense use than to divide the parcel into two smaller lots each with its own dwelling. The granted refief would not derogate from the intent or purpose of the zoning Ordinance because the applicant is wiping to have a restriction put in place stating he will not divide the land as long as the rights under the Variance were being exercised. As to the relief requesting a Use variance to Section 3-1.4(1)and in the alternative a Variance to Section 3-1.1(3)(D), Attorney Ford stated if the Variance to Section 2-3.6 is granted, the other relief is not needed. For clarification, each structure has a separate septic system and(in Mr. Kelly's opinion) both systems would pass inspection. Both dwellings share one well. 2 b0 39Vd Q2iO3 '8 NOSNIIS Z998060809 L0:V 1 866 Z/E L/L Z Town of aernetable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998413-Pyle Variance to Seaton 2-3.6&Section 31,4(1)(A),or In the alternative a Variance to Section 3-1.1(3)(D) The interior of the barn was discussed. Mr. Oden reported the second floor of the barn is one large room with a kitchen and bed and small bathroom. The bottom is the garage-one big room-entered by two garage doors with a small bathroom(toilet only). Public Comment: No one spoke in favor or in opposition to this appeal. Board Member Gail Nightingale was concerned because there was previously a family apartment and now the applicant is seeking to legalize it as a separate dwelling unit which is not the intent of the Family Apartment Permit. This would set a bad precedent. Attorney Ford explained that the locus is unique because this parcel can be subdivided,and have two separate homes,which is not the case in other Family Apartment Permits. However, in his opinion, it is a better use of the land not to subdivide the property and build a road but rather grant the Variance relief- which is not a Use Variance-but a Variance to the number of buildings allowed per lot. Board Member Elizabeth Nilsson stated if the relief were limited to the single family home,and the one apartment as it now exists, she would rather grant the Variance requested than divide the land. Findings of Fact: At the Hearing of October 7, 1998, the Board voted on the following findings of fact as related to Appeal No. 1999-113: 1. The applicant, Oden Pyle, is seeking a Variance to Section 2-3.6-Number of Buildings Allowed Per Lot. 2. The property address is 740 Church Street,West Barnstable, MA, as shown on Assessor's Map 154, Parcel 006, The site is 2.60 acres. The Main Residence is 2,770 square feet and the Garage/Barn Structure is 672 square feet. 3. The site is located in the RF Residential F Zoning District and the WP Well Protection Overlay District. 4, In 1983, the Zoning Board of Appeals granted Special Permit No. 1983-105 to allow a Family Apartment to be built in the garage/bam structure. A family apartment was built by the owner at that time. 5. The applicant bought the property with the apartment as it now exists and has maintained the apartment. It has not been used as a Family Apartment, but rather rented illegally to nonfamily members. 6. The applicant is seeking permission to utilize the former family apartment as a separate dwelling unit and maintain these separate dwelling units on one lot. 7. Section 2-3.6 of the Zoning Ordinance allows only one principal permitted building on a single lot in residential districts. However, the locus is unique in that the parcel is 2.6 acres which is more than the one acre per lot required in the Zoning Ordinance. S. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance because the applicant has stated he will not increase the buildings beyond their present footprints. 9. As a result of the sloping topographical condition on the lot and an old stone wall, the requirement that a road be put in place in order to divide the parcel would result in a substantial financial hardship to the Petitioner. These are unique conditions that exist that affect the locus and a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. 10. According to the Health Department, the septic system for the apartment unit is approved for one bedroom. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: Thomas DeRiemer 3 90 39Vd GKO a NOSNIlS Z998060809 LO:t>T 866T./6T/TT Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 19WI 13-Pyle Variance to Section 2.3.9&Section 31.4(1)(A),or In the altemsWe a Variance to Section 3-1.1(3)(0) Decision: Based on the findings of fact,a motion was made and duly seconded to grant the relief being sought in Appeal Number 1993-113 for a Variance to Section 2-3.6 subject to the following terms and conditions: 1. There shall be no further division or subdivision of the property. 2. Both the apartment unit and the main residence shall not be expanded in area or foot print without approval from the Zoning Board of Appeals. 3. The apartment unit will be a one bedroom apartment only. 4. The septic systems on the property shall meet current Title V requirements without variance from the Board of Health. 5. All regulations of the Building'Division, Health Division and Fire Department shall be met. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, Thomas DeRiemer,and Chairman Emmett Glynn NAY: None Order: In Appeal Number'1998.113,the Variance to Section 2.3.6 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)d ys after the date of the filing of this decision. A copy of which must be flied in the office of the To Clerk. /V - 9-o; 1998 Emmett Glynn,Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 '30 30Vd G603 'F NOSNIIS Z9980Eb809 LO:yT 8661/ET/TT I I 11/13/1998 14:07 5084308662 STINSON FORD PAGE 07 r, r m eo ae m W w ao w G. In b w w 'N ry ry N N N N fv N N !V 0 0 0 0 0 o A c a o .4 A lK W I+ o h H IQ V/ N ~ n U Rl v U awe ° ry d N go e u h W a •a a m x 1. F N N yM N � �Cd�7 eY ♦-7 V Rl �W7 l7 a •(R'A7 f/1 f'1 N v N O O O O O O O O �LJ1 O O W O O O O O O .-1 6 O O O O O O O O A O O ...� , ...: � , � �.�� J Assessor;?�mapand lot ,number ....!�: THE • /�� di.�. /L•Aec- /o L3 �'/ Q�oF role Sewage Permit number k:...,!t^ S z:... ,.:...�.4%.R : ��...... Z BJHB9T/1DLE, i House number ................................................... NAM 9 0 039, MAY y. TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ^ �........ U<'v .. ................................................... .......... TYPE OF CONSTRUCTION ......W � V Zip . ......... ..........:4.........a ...................19 .... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for CaLpermit according to the following information: Location `'o.....0 vAV!A\ ?.\........1!`}.:....l�zY�.C•\�.�?,�................................................................................ ........... ........... Proposed Use L C ............v .�(t� ZoningDistrict .....`C.ps.:......................................................Fire District ...... ................................................................................ Name of Owner �6..I: �......`e.P':.'Q•....G--.......Address �U C �kvC� ................. .......................... ................................ .............. Name of Builder" 1`'��+ZS �c�^'� ..............................,.....................................Address .................................................................................... Nameof Architect .............................................Address .................................................................................... Number of Rooms .....................I...........................................Foundation `lc)1,nv .... C1�.CVe e............................. Exterior 7t:t-g...... je..�...............................................Roofing ......�......QC4'2�'" C`t.t b P C1�C�f C-? `f Floors ..�.u._.......,.r�........�'......................................................Interior ......�.� � _ Heating ........................................:.......:...............:...'Plumbing ......:........:.. ................... .............................. Fireplace ......................................................Approximate Cost .......... ........... ....................::?. ..... Definitive Plan Approved by Planning Board -----------_______-----------19_______. Area ....... ..S.:l... .......... Diagram of Lot and Building with Dimensions Fee c .�U........................ SUBJECT TO APPROVAL OF BOARD OF HEALTH 4, . Ff� I s . 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 ..................................... DEWIRE, THOMAS III 23599- Build Garage No .............;... Permit for .................................... &Accessory to Dwelling ........................................................................ A� Church Street LoLtion ... ........,........ . . . . .......I.............. West Barnstable ............................................................................... Owner. ......Thomas...Dewi.r.e...III ................ ....... .. .... .......... .. .. Type of Construction ......Frame... .......................... .... .......................................................... ..................... Plo,t ............................ Lot ........../...................... October 28 81 . ...........A/ j Permit Granted ........... .................19 Date of-Inspection ............../.................19 Date Completed .............. .....................19 Assessor's ,map and lot number ....... ..... . . . ... . .. ... .......... �O%TH E Sewage Permit number�i !k../ha.S.en,.-�. ...uk.M..rK........O Z 33ASH9TADLE, i Housenumber I.................:.......:................................................ SEPTIC SYSTEM M 0� INSTALLED IN MMPL TOWN. OF BARNS EAIAMTIT coTAL ©E AND TOWN REGULATIONS BUILDING INSPECTOR APPLICATION FOR PERMIT TO ...... ................................I ...............................I TYPE OF CONSTRUCTION ..... .. i/ Q,.......................................................................................... } O4: ......a3..................:19 �... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ��Ul..... ........sit....... .:. `�ZYi..S..\t ............................................................................I ................... ...... Proposed Use d? skof ( GvZ. ......(..�.... ......... ...�.......... ............. . .......................................................................................................... Zoning District ....`�e ......................................................Fire District ...... '..` z' `:5 " ................................ ......... 1 YW� `/C.w��. ......:.Address �C? C Y.0 �. Name of Owner ..... .. .. ..................... c....................... v. Nameof Builder ..... ...... ............Address .................................................................:................... Nameof Architect ......... .............................................Address ...................................................................................I Number of Rooms ...................�...........................................Foundation `.WN.cA....C6�44V ...E................ Exierior ...`..►�....s��"•. . ......................Roofing .....�5�......�E. �?......................... .... ............................................ Floors ........co V.� :P............................Interior ...... ....VQC ............................................. Heating ...................................................................................Plumbing ................... . ...........................................................I Fireplace ..lAcoc.�..5 I .....................................................Approximate Cost �..4 . ?................................... ....... Definitive Plan Approved by Planning Board -----------_______--------:__19 . Area ......�00...5' Diagram of Lot and Building with Dimensions Fee ..........�. � ��.. ............................. . SUBJECT TO APPROVAL OF BOARD OF HEALTH d o ekKk--� 1 ��` v J � 1 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. � Vw.GUJ-C.� Name ..................................... REWIRE, THOMAS III 23599 Build Garage No ................. Permit for .................................... Accessory to Dwelling .... ....................................................................... LoqAtion 40 Church Street ................................................................ West Barnstable ............................................................................... Owner .....Thomas....Rewire,...... ....... . .. .... .. .... . Type of Construction ....................Frame...................... ................................................................................ Plot ............................ Lot ................................. October 23 , 31 Permit Granted ........................................19 Date of Inspection ............................ .......19 Date Completed ................ 9 ; }.. '�'R,I .Y,. 'n. '�fM .�`d„ 1l '': "r•. J ., �r f Assessor's map and lot number �0*THE t0 . .... 3 0...... Sewage Permit number ........ 1.. ....... d Z 33AH39TSDLE. S House nu ber ........ ... raea 'Fa YPy f► TOWN OF" ' BARNSTABLE BUILDING INSPECTOR APPLICATION'FOR PERMIT TO ..( .. ......1... ....... TYPEOF CONSTRUCTION ...........:................' ..�� ..................................................................................... ............. .f •. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies fora permitt ccording to -the following'' informafi'on: /U✓��Z2%y4 l/i/ 1�� ..Location ...................... ....�........._..... .... ......... ProposedUse ........................ .................................. ... ...... ..... .. ...... ..................................................................................... ZoningDistrict ......... ...........................................Fire District .............................................................................. Nameof ........Address .................................................................................... r � Nameof Builder ....................................................................Address .................................................................................... Nameof Architect ..................................................................Address .................................................................................... /n Number of Rooms ...... .... .. . .. ...�.....................................Foundation ...... .... ....... ...�............................................... Exterior ................:.".. . .:....................................................Roofing ..ha . .......... ... .............................................. Floors ...............�.......? .e ......................................Interior ..................................................................................... Heating ......................................Plumbing ..................... ......... .. .............................:............ Fireplace ..................................................................................Approximate. Cost �71. .Cl........................................... Definitive Plan Approved by Planning Board ------------__-__-_____ �- ______19 Areo /lam . Diagram of Lot and Building with Dimensions Fee �� a� SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEWS, DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name . ............... - . r Construction Super-visor's License ........ .............:............. DE-KIRE, THOMAS III A=154-005 26984 No ................. Permit for .�� GARAGE.. ................. To Fand�y Apartment .................a ..... .................................................. Location ...40...chu.r.....ch..s.t.reet.......................... .. . ...... . .. . ........ West Barnstable ............................................................................... Owner .....Th.c.mas...Dewire,...i.i.i..................... .... . ...... ........ ..... Type of Construction .....Frame ..................................... ................................................................................ Plot ............................. Lot ................................ Permit Granted ....;aQP1;QRbQ_K...�.8..........ig 84 t Date,of Inspection ....................................19 Date -Completed ......................................19 K. Asse',sor s map and lot number . � ,�ewage:,Permit number ........ Q. � SEPTICSYSTEM ....................................... ............... O T.$��4HLB.�LED IN ++ i House number ........ ... ... . . : . ..... vo " WITH TITLE ; o 16 9. ♦� ENVIRONMENTAL �t�,4 OM a- TOWN OF BARNSTAUILNEZGLILAT-wQ�S BU*I;LDIKG INSPECTOR APPLICATION FOR PERMIT TO ... .. ... ... .. . . ................. TYPE OF CONSTRUCTION ................ . .... .� .....19.. TO THE INSPECTOR OF BUILDINGS: " The undersigned hereby applies for 3M permit pccording to the following �iinfform �i Location ....... ... l..:.. ... . _ .........�: <.41..°.0 a ?.:....................................... ProposedUse ...... r—.�........ . . .... .., ...................................... ............... Zoning District ....... . . .................... ...1. .. .....:..Fire District .............................:`;:........ .,:• Name of Owner .. ...' c':'C �: '..�,.. ..:Address ..:...:...........................:...:..:.. : Name of Builder ...................................:.....:....:...........::.:....:.Address ................................,.....,............... >. Name of Architect Address ' r. •. :. :...'... (.(n: Number of. Rooms ..... ..�.........:.......:................. Founddtion•, Exterior ..................... . .............................................::.....:Roofin ._.. .. ........ Floors ............ :.....:.:.:.......:.....................Interioi .:'.........:.._.. ° ;�: _ ........ Heating ::.`........... . ....... ..... ......:.•.....::.............................Plumbing ............ :.: :..418 . Fireplace - • - .Approximate. Cost ,,.,,,,,,,,, Definitive Plan Approved by Planning Board. _____y__:_______-_____ - 19- -=-.. Areca\ .................. Diagram of:Lot and Building with.Dimensions Fee .................... SUBJECT TO APPROVAL OF BOARD OF .HEALTHQW, Q , a 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. �y Name d. io./ Wx Construction Supervisor's License ...:............. DEWIRE, TdOMAS III ' RM N'a ... ... Permit for ...........DEL-GARAGE.... Th. .Fanuly APartmnt ................ ........ ................................................ Location . ...40...Churc.h...............street........................ .......... .. West Barnstable ............................................................................... Tomas Rewire, III Owner .................................................................. Type of Construction ..FXaWe............................ ................................................................................ Plot ......................... Lot ................................ Permit Granted ...,.September.A8,.......19 84 .. ...... Date'-/of Inspection .........................I............19 Date Completed .........; �.................19 TOWN, OF_ ' BA.RNSTABIE' 44830 Zoning Board" of APpeab '84 JAN -3 AH10.25 THOMAS A: DEWIRE Deed duly recorded in the Property Owner SAME County Registry of Deeds in Book _ Page , Registry Petitioner District of the Land Court Certificate No. Book Page 1983-105 January 3, 84 Appeal No. ._._...._..._.�.._...,.. 19 FACTS and DECISION Thomas A. Dewire November 10 83 Petitioner filed petition on 1� , re uestin a �1 ermit for remises at 40 Church Street q g 'liYd�Xp p in the village (street) Of W. Barnstable adjoining premises of (see attached list) Locus under consideration: Barnstable Assessor's Map no. 261 lot no. 5 Petition for Special Permit: {� Application for Variance: ❑ made under-See. of the Town of Barnstable Zoning by-laws and Sec. V_ Chapter 40A., Mass. Gen. Laws. for the purpose of Family apartment in an existing garage Locus is presently zoned .in RF Notiee of this heating was given by mail, postage prepaid, to all persona 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 filed with.Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at 8:30 P.M. December 1 19 84 upon said petition under zoning by-laws. Present at the hearing were the following members: Richard L. Boy Gail Nightingale ' Luke P. Lally i Chairman • : At the conclusion of the hearing, the Board took said petition under advisement. A view-of the " 'locus was made by the Board.. Appeal No 1983-105 Page 2 of on December 29: 19 _ ., The Board Of Appeals found Mr... Thomas Dewi-re presented his petition to the Board for a Special Permit to allow a family apartment at 40 Church Street, West Barnstable in a Residence F zoned district. The petitioner would- like to create a small apartment above an existing garage/barn .on his property- for his daughter. The petitioner feels that he complies with Section Five of the Zoning-.By-laws, in that it will be used as a primary residence by a family member only. There are no bathroom facilities, no water or septic system at present. Mr. Elliott Mac Swan, Chairman of the Old King's Highway spoke with reference to the appeal - Mr. MacSwan told the-Board that in October 1981 , Mr. George Blakely appeared before the OKH Board as a representative of the petitioner. Mr. Blakely was given permission to build a building with a straight roof (garage) with two .skylights', however, it was later called to the attention of the OKH that the building that .was .erected was not incompliance with the original plans, and a cease and desist was ordered. The petitioner told the Board that the design of the building was altered without his knowledge. There has been nothing done further to the building and that is the way it remains at the present time. The Board voted to view the premises before making a decision. . The Board voted unanimously to grant the petitioner a Special Permit -for a family apartment, as he meets all the requi rements-for a family apartment. I, U 0 E_ CA µoo,�� _i 5 5"T 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 _ 3_ day of �R^1 _ 19 ¢y under the pains and penalties of perjury. Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town o 7arnsta;e fPersons interested Building Inspector Public Information By Board of Appeals Chairman ZONING BOARD - OF APPEALS - h+o i PARTIES IN INTEREST THOMAS A: 'DEWIRE ' ' 1983-105 TOWN CONVSERVATION LAND Earl P. Merritt �! Thomas Ao Dewire Paul -J. Ritzman Kenneth H. Jukes Virginia Woollard Howard W. b Virginia E. Woollard TOWN OF BARNSTABLE BOARD OF APPEALS f SANDWICH PLANNING BOARD NOTICE of PUBLIC EMARING UNDER ZONING BY-LAWS MAS H P E E P LAN N I N G BOARD i To all persons deemed interested or affected by the Board of Appeals,under { Sec.11 of Chap:40A of General Laws of the Commonwealth of Massachusetts YARMOUTH PLANNING BOARD and all amendments thereto,you are notified'i6t-.';�=3; ' APPEAL NO.1983-99 NICHOL AS FRANCO-:•� ,:`"� R ` i s-'"`� sus�. 7:30 P.M. Nicholas Franco has appealed to the Zoning Board of Appeals an -petitions for a Special Permit to allow expansion of existing Non-Conforming building ! use for.Real Estate office located at 765 Falmouth Road, Hyannis a ; s Residence B.Zoned District. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:30 f P.M. APPEAL NO.1983-100 JOHN O.HEHER ' 7:45 P.M. John 0.-Heber has appealed to the Zoning Board of Appeals and petitions for a Variance from frontage requirements-to allow two buildable lots at l Crocker's Neck Road,Cotuit in a Residence F Zoned District. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:45 P.M. APPEAL N0:1983-103 EUGENE E.,DUQUETTE 8:00 P.M. ! :Eugene E- Duquette has appealed to the Zoning Board of Appeals and petitions for a Variance to allow two.buildable lots not in compliance with frontage requirements at Lincoln Road Extension, Hyannis is a Residence ! 1 RC-1"Zoned District. j A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:00 P.M. APPEAL NO.1983-104 TEXACO,U.S.A.• 8:15 P.M. Texaco,U.S.A.has appealed to the Zoning Board of Appeals and petitions for a Variance from setback requirements to.construct two parallel gasoline islands at Route 132,Hyannis in a Business Zoned District. A PUBLIC HEARING WILL BE HELD.ON THIS PETITION AT 8:15 P.M. APPEAL NO.1983-105 THOMAS A.DEWIRE 8:30 P.M. Thomas A.Dewire has appealed to the Zoning Board of Appeals and peti- i Sons for a Special Permit to allow a Family Apartment at 40 Church Street, West Barnstable in a Residence F Zoned District. 4 PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:30 P.M. 4PPEAL NO.1983-106 JACQUES N.MORIN 8:45 P.M. Jacques N.Merin has appealed to the Zoning Board of Appeals and peti- _ t ions for a Special Permif to allow a Family Apartment at 44 Stevens Street, 3yannis in a Residence B Zoned District. 1 PUBLIC HEARING WILL;BE HELD ON THIS PETITION AT 8:45 P.M. ! These hearings will be held in the HEARING ROOM,TOWN HALL,367 dAIN STREET, HYANNIS, on THURSDAY EVENING, DECEM 3ER 1, 983. You are invited to attend. Y LUKE P.LALLY, R By order of the zoning larnstable Patriot Board of Appeals L if I I I i rn r f7J co tr Assessor's,off ce (1st floor): O .. c THE 0 Assessor's map and lot number ......J�.y......a........ ............... �� T �♦ Board, of Health (3rd floor): Sewage Permit number ...... -!..�. �; .�..5...!.yr.R4"y`�Z tT�c t 33aBa9TenLE, Engineering Department (3rd floor): °oo NAB& e0� House number 0M0a' APPLICATIONS PROCESSED 8:30-9:30 AM'. and 1:00-2:00 P.M. only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ...! u<< ,,,.a�,,,!!�y ......�Tu, �1 .,, 'wry, You na d {�n d`......... rUI TYPE OF CONSTRUCTION ..................................................................................................................................... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit accor ding Jto�tthhee following information: Location Location q.6...... (!I V V��!1.....5 ...............�/�—S/ f Ri✓ ��/ 1�� ' Proposed Use ....5W I!"'(�ti.� T'6t'L ......... .. ................................................................................................................................... Zoning District .......................R,..�..�.........................................Fire District r !v� ................... . . .. . .............................................. Name of Owner . . .�.................Address .. 't y S7 .....................(�..C..!. . ........ Name of Builder ..... ... Address ................ ......................... .......... ... I i Nameof Architect ..................................................................Address ............ . ..................................................................... Number of Rooms ..................................................................Foundation .....a.,O.(tt ....................................................... Exlerior ....................................................................................Roofing .................................................................................... Floors ......................................................................................Interior ............. Heating ..................................................................................Plumbing ..................:............................................................ Fireplace Approximate Cost �' °O Definitive Plan Approved by Planning Board ________________________________19________ . Area ...... l.w...4.................. 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 % �.G .. � .................... Construction Supervisor's License .................................... DWIRE, THOMAS A=154-005 29183 Inground No ................. Permit for .................................... swimm�P.g.... . .....o 1.......................................... Location A 0 Church Street .............................................................. West Barnstable . ............. ................................................................. Owner Thomas Dwire Type of Construction ....CJI�P.ile....................... ................................................................................ Plot ............................ Lot ................................. April 11 86 Permit Granted ........................................19 Date of Inspection ............. ......................19 Date Completed .......................................19 /15-V- d O s- � 6i�s�¢ - y'l,y�� G� '8s Assessor's map and lot number ............................................ THE Tp�♦ Sewage Permit number .......................g ... . .3.c7........... Z BARNSTODLE, i House number ...............................`�4"b. ...................... 9a NA66 p 16}9• 0 �YPYO�O TOWN OF BARNSTABLE BUILDI-NG ~INSPECTOR APPLICATION FOR PERMIT TO ....:'.:`.:.NS 1 REDO..... w M1."�b"...I`'C)C)1............................. .......... ..... .. POLYPiE / �In�YL �taop �� E TYPEOF CONSTRUCTION �. I........................... .. ........................ ............................................................................ ............ .........`��..E.p...26..................19�. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: -p CNuRctr .S!...... �AR►�s-rAB�� Location ........ ................................... .. ........................................................................................................................... Proposed Use ....... ES A eczSSORy ZoningDistrict .....RE...........................................................Fire District ..... ...�................................................................ Name of Owner I H o M A S ELM RE Address ....: .:.. (�R ... r. r✓�R►�9S�"A.... Name of Builder ................lCkiA... .Address ........: A N .................................... ......... f........................... Nameof Architect ..................................................................Address .....................................:.............................................. Numberof Rooms ..................................................................Foundation .............................................................................. Exterior ....................................................................................Roofing .................................................................................... Floors ......................................................................................Interior .................................................................................... Heating ..................................................................................Plumbing .................................................................................. Fireplace ..................................................................................Approximate. Cost .............lU!/.V.................................... `.. Definitive Plan Approved by Planning Board --------------_----_-----------19_______ . Area ...cQ.X..7. ............. Diagram of Lot and Building with Dimensions Fee C i SUBJECT TO APPROO�L OF BOARD OF HEALTH 400 C� lTO p 01 --e— 3D o ®TM EP, . S�AcK C 1Arj6-ES 450 2 .6 A may OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of th f Barnstable regarding the above construction. o Name ...... . .Alka- ............. .. ......... ........................ Construction Supervisor's License ....®�o� ` "— DEWIRE, THOMAS Permit for ..... Pool Accessory.. ing 40 Church Stre ` Location .......................................�.ir..................... --- West e Barnst .................................................sk . ..................... 1 Owner Thomas Dewire........................... Type of Construction ....FxAJne........................... i ............................................................................... Plot ........................ Lot ................................ Permit-Granted ..........September 26,. 19 85 ........................ . .... Date of Inspection ........................... .......19 a Date Completed .....:....... ..............19 z Application to p�i�►,m �a� P Ec �1rj y�"y/y�1/ t". T.D E T. A BPE,µS OQP�ti,N� • _ e E Old Kings Highway Regional Historic District Committee I l�' ✓l�s in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS SEP 1 0 1985 Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage ❑ Commercial ❑ Other 2. Exterior Painting: ❑ 3. Signs or Billboards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole [ Other - e 1�• _ • (Please read other side for explanation and requirements). TYPE OR PRINT LEGIBLY DATE ADDRESS OF PROPOSED WORK I^ I ASSESSORS MAP NO. 1 -4- OWNER ASSESSORS LOT NO. I � . �-_. �.. k •� �.. " HOME ADDRESS ► " ,. i =.;_� - TEL. NO. 17 i i FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). AGENT OR CONTRACTOR I ° - "\ �s "' TEL. NO. i l` ADDRESS i A DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done (see No. 8, other side), including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new.signs. (Attach additional sheet, if necessary). Signed Owner-Contractor-Age t Space below line for Committee use. Received by W.D.C. lei Date The Certificate is hereby Date �S Time By \31� L 4 F Approved IMPORTANT: If Certificate is approved,approval is subject to the 10 day appeal period provided in the Act. Disapproved ❑ ,,1 ( ra ADDITIONAL INFORMATION FOR MAKING AND FILING AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS The four categories for which a Certificate of. Appropriateness is required are: (application for demolition or. removal is a separate form). 1. EXTERIOR BUILDING CONSTRUCTION (new or existing buildings): An application is required for any exterior of a building to be erected or altered including windows, doors, siding, roof, light etc.; that will be visible from any public street, way or public place. The following scale drawings are required in duplicate with application: plot plan (if addition show existing buildings in outline), floor plan and elevations. Also required are snap shots of existing buildings, where additions or alterations are to be made. No plot plan is required for addition or alteration which does not touch the ground. 2. EXTERIOR PAINTING: An application is required for any portion of a building, structure or sign to be painted that is visible from a public street, way or public place. Color samples must be attached to these applications. An application-is'not required .when repainting existing colors, changing to white, or using colors approved by the Town Historic District Committee. 3. SIGNS OR BILLBOARDS: An application is required for any sign or billboard to be erected within the District, with the following exceptions: ' a. Existing signs or billboards on November 27, 1974 shall have until November 27, 1977 to secure an.approved Certificate of Appropriateness. h. Temporary signs.for use in connection with any,.official celebration or parade or any charitable drive as long.,as they.are removed within three days of the event. Certain other temporary signs that the Committee feels does not detract from the Act may be allowed with the prior permission of the Committee. f c. Real Estate signs of not more than 3 square feet in area advertising the sale or rental of the premises on which they are erected or displayed. d. A single sign of not more than 1 square foot in area showing the name, occupation or address of the occupant of the premises on which they are erected or displayed in a residential zone. 4. STRUCTURE: 'An application is required to build or alter any structure within the District which is defined by the Act as a combination of materials other than.a building, sign or billboard, but including stone walls, flagpoles, hedges, gates, fences, etc. GENERAL REQUIREMENTS 5. Work on projects requiring approval shall not be startea.until the Certificate of Appropriateness has been filed with the�Town Clerk.by,the;Committee. Approval is subject to the 10 day appeal period provided in the Act. 6. No changes shall be made from the original approved specifications without advance approval of the Cominission'on an amended application filed with the Committee. 7. A separate application must be filed with each project requiring a Certificate of Appropriateness. 8. Under heading of "Detailed Description of Proposed Work" give detailed data on such architectural features as: foundation, chimney, siding, roofing,.roof pitch, sash and doors, window and door frames, trim, gutters —leaders, roofing and paint color. 9. Unless.-application is complete and legible and all material required is supplied, application will not be accepted or acted upon. Copies of the Act establishing the Regional Historic District may be obtained at the Town Hall. 20 y co l Fc•n.D 49 10. 63 y0 ce MOLL ALE Jov z000' W LIP� P .7e. h o' 9oor /O J5 Fa :E 77 p h �o 'E..- h 00 -N poor /77 F'Ai .57 Na.v.vA S.ANO.VGN � �xc •HBO SAGE /07 - � W nj 2 j 1 I o b i ce I } h N S j• J7 2O.. ry :� SV oy I CB rou vD Cam. �B t oUC STeEET os. .v9• �o- 9S • ce MA.» NOTE : PLA.v GO.ua.t.60 F.eO� NE�7 BA12/V5TABLE PL,,,,, vovA= /77 DA6G. 33 F02 n� L- C re0w6Lc. ) 7A.YL.OA! COdCP Y.7.�H•7 -'7'-/1-0-L— IA55. APP.G O✓.fit NOT �E pt/�.EEO ;,CA:.E /•'/00 .TUNE /973 ✓NOG.2 Tt+E Su60i✓'•�'o.v • COaI7ZO4 DA.C'.N:;Ts�r�c.E YL A.vN••�.ls zy,:aA,z D• .. c13 DATE i AASn§ or's�bffce (1st floor): ' Asse sor's map and lot number ....�J�y.. oi�.J�................ •. THE Board of Health (3rd floor): SEPTIC SYSTEM o„ Sewage Permit number ...... �....... . :�.Y�.t �-�l`ra© INSTALLED IN Co Engineering -Department (3rd floor): WITH TITL �9�TLDLE. . ' ENVIRONMENTAL House number ENVII3Q I�EGUL ................................................:....................... APPLICATIONS PROCESSED 8:30-9:30 'A.M. and. 1:00-2:00 -P.M. only TOWN p,T TOWN OF BARNSTABLE BUILDING ] NSPECTOR APPLICATION FOR PERMIT TO ...►.1..V.&4.... ��.xy .. 1Tl1l�t E ... nlr�. d�!�a ©d �,� TYPEOF CONSTRUCTION .................Al.............. ........................................................................................................ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the fol low in information: Location ............46...... !'IUVCt........s�............... -MNAS7�' 6>1_.............. ..................................... ProposedUse ....SW.fvm. .........P6u�.............................................................................................................................. s Zoning District �.............:......................Fire District ........... ...6.A,*_ Y.J........................................ Name of Owner ............ A s (�J i .................Address ..ZI�?... ,VIK�J 5� IiCJ j A v�IVs �.. Name of Builder .. .. !ti! ......... ............ ..a(�..............................Address ................ ........................ ........ �...... .N..v/S�ov� Nameof Architect ..................................................................Address ..................................................................................... 4�Number of Rooms ..................................................................Foundation ..... y.,O, ........................................... ............ Exlerior ....................................................................................Roofing .................................................................................... Floors ......................................................................................Interior .................................................................................... Heating ..............................................................Plumbing ............................................................ .......................................... Fireplace Approximate Cost � Dd°' ° Definitive Plan Approved by Planning Board ________________________________19-------- . Area ......:/.. `� ...... .................... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH Ate— OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to oil the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .. . r..................... 'Construction Supervisor's License ............. DWIRE, THOMAS A=154-005 N29183 In round �................. Permit for .....g............................ .:�iwi..........mminS...pool......................................... Location AD..C1�ur�h,.,Street,,,,,,,,,,,,,,,,,,,, West Barnstable ............................................................................... Owner .....,Thomas Dwire Type of Construction cjunite Plot ............................ Lot .....::......................... Permit Granted ..............April...11.....19 86 ? Date of Inspection ............ ....................19 Date Completed ............ ... .�.............. y _ - J. - .